ARIZONA STATE SENATE

RESEARCH STAFF

MIKE HANS

LEGISLATIVE RESEARCH ANALYST

GOVERNMENT COMMITTEE

Telephone: (602) 926-3171

TO:                  MEMBERS OF THE SENATE

APPROPRIATIONS COMMITTEE

DATE:            March 29, 2019

SUBJECT:      Strike everything amendment to H.B. 2269, relating to 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, 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 filing date; and

b) physically domiciled at a residence located in the legislative district for at least 75 percent of the one-year period before the filing date.

2. Deems 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 as constituting part of the 75 percent of one-year residency requirement.

3. Makes technical and conforming changes.

4. Becomes effective on the general effective date.