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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
appropriations; DPS; remote housing
(NOW: primary residence; election; legislature)
Purpose
Requires candidates for legislative office to be qualified electors of and reside in the legislative district that the person proposes to represent for one year before filing for office. Requires the candidate to be physically domiciled in the legislative district for at least 75 percent of the one-year period.
Background
Members of the Legislature must be Arizona residents for at least three years and residents of the county from which the member is elected for at least one year before election (Ariz. Const. art. 4, pt. 2, § 2). Additionally, a person elected or appointed to an elected office of the state or any political subdivision must be a qualified elector of the political division or municipality in which the person is elected (Ariz. Const. art. 7 § 15). A candidate for public office, other than U.S. Congress, must be a qualified elector and reside in the county, legislative district or precinct that the person proposes to represent at the time of filing nomination papers to become a candidate at a primary election or to be nominated as a candidate for public office without a primary election (A.R.S. §§ 16-311 and 16-341).
A
person who is qualified to register to vote and is properly registered to vote
is considered a qualified elector for any purpose for which the
qualification is required by law (A.R.S.
§ 16-121.01). An Arizona resident is qualified to register to vote if the
person: 1) is a U.S. citizen; 2) will be 18 years of age on the date of the
next regular general election; 3) is a resident of Arizona for 29 days
preceding the election; 4) is able to write the person's name or mark, unless
prevented from doing so by physical disability; 5) has not been convicted of
treason or a felony, unless restored to civil rights; and 6) has not been
adjudicated an incapacitated person. A resident is an individual who has
an actual physical presence in Arizona or a political subdivision, combined
with an intent to remain. A temporary absence does not result in a loss of
residency if the individual intends to return following the absence (A.R.S.
§ 16-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a candidate for legislative office, in order to file nomination papers for a primary election or file a nomination petition for candidacy without a primary election, to be:
a) a qualified elector of and reside in the legislative district that the person proposes to represent for one year before the election; and
b) physically domiciled at a residence located in the legislative district for at least 75 percent of the one-year period before the election.
2. Allows the following to constitute part of the 75 percent of one-year residency requirement:
a) any temporary domicile in Maricopa County for a person elected or appointed to the Legislature and whose legislative district residence is outside of Maricopa County; and
b) any days of active or reserve military duty and any days during which a legislative candidate is required by the candidate's occupation or employment to travel out of the state.
3. Allows a candidate for legislative office to meet the one-year residency requirement for the first legislative election after legislative redistricting by aggregating the time of residence in the candidate's previous and new legislative districts, if the candidate's residence in the new district is within 10 miles of the district boundary line of the candidate's previous district.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
ˇ Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Requires a candidate for legislative office to be a qualified elector of and reside in the legislative district the candidate proposes to represent for one year before the date of the election, rather than before the date of filing for nomination.
2. Applies, to the 75 percent of one-year residency requirement, any days of active or reserve military duty and any days during which a legislative candidate is required by the candidate's occupation to travel out of the state.
Senate Action
APPROP 4/2/19 DPA/SE 6-3-0
Prepared by Senate Research
May 8, 2019
MH/kja