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ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2139

 

candidate signs; prohibition; primary

Purpose

            Extends the timeframe that a candidate's political sign or printed materials are prohibited from being removed, altered, defaced or covered before the primary election.

Background

            Current statute classifies, as a class 2 misdemeanor, knowingly removing, altering, defacing or covering any political sign or printed materials of any candidate for public office for the period commencing 45 days prior to a primary election and ending 7 days after the general election. Statute exempts the following from liability: 1) the candidate; 2) an authorized agent of the candidate in support of the candidate's election; or 3) the owner or authorized agent of the owner of private property on which signs are placed (A.R.S. § 16-1019). The penalty for a class 2 misdemeanor is up to four months in jail and a fine up to $750 (A.R.S. §§ 13-707 and 13-802).

            A city, town or county is prohibited from removing, altering, defacing or covering any political sign for the period beginning 60 days prior to a primary election and ending 15 days after the general election if all the following are met: 1) the sign is placed in a public right-of-way;
2) the sign supports or opposes a candidate for public office or it supports or opposes a ballot measure; 3) the sign is not placed in a location that is hazardous to public safety, obstructs clear vision in the area or interferes with the Americans with Disabilities Act; 4) the sign has a maximum area of 16 square feet if the sign is located in an area zoned for residential use or a maximum area of 32 square feet if the sign is located in any other area; and 5) the sign contains the name and telephone number or website address of the candidate or campaign committee contact person (A.R.S. § 16-1019).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Extends, from 45 days to 75 days, the timeframe that a person is prohibited from knowingly removing, altering, defacing or covering a candidate's political sign or printed materials before the primary election.

2.      Extends, from 60 days to 75 days, the timeframe that a city, town or county is prohibited from removing, altering, defacing or covering a political sign before the primary election.

3.      Makes technical and conforming changes.

4.      Becomes effective on the general effective date.

House Action

ELECT            2/12/19      DPA    9-0-0-1

3rd Read          2/25/19                  47-13-0

Prepared by Senate Research

March 5, 2019

JA/AB/kja