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REFERENCE TITLE: ballot measure circulators; challenges |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2212 |
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Introduced by Representatives Rodriguez: Blanc, Cano, DeGrazia, Epstein, Espinoza, Longdon, Pawlik, Salman, Terán, Tsosie
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AN ACT
amending section 19-118, Arizona Revised Statutes; relating to initiative and referendum.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 19-118, Arizona Revised Statutes, is amended to read:
19-118. Registered circulators; requirements; definition
A. All circulators who are not residents of this state and, for statewide ballot measures only, all paid circulators must register as circulators with the secretary of state before circulating petitions pursuant to this title. The political committee that is circulating the petition shall collect and submit the registrations to the secretary of state. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16‑452 a procedure for registering circulators and shall publish on a website maintained by the secretary of state all information regarding circulators that is required pursuant to this section. The secretary of state shall disqualify all signatures collected by a circulator who fails to register pursuant to this subsection as provided for in section 19‑121.01, subsection A.
B. The registration required by subsection A of this section shall include the following provisions:
1. The circulator consents to the jurisdiction of the courts of this state in resolving any disputes concerning the circulation of petitions by that circulator.
2. The circulator shall designate an address in this state at which the circulator will accept service of process related to disputes concerning circulation of that circulator's petitions. Service of process is effected under this section by delivering a copy of the subpoena to that person individually or by leaving a copy of the subpoena at the address designated by the circulator with a person of suitable age.
C. If a registered circulator is properly served with a subpoena to provide evidence in an action regarding circulation of petitions and fails to appear or produce documents as provided for in the subpoena, all a court may enforce the subpoena against the circulator as otherwise provided by law. On presentation of independent, sufficient evidence that the circulator is ineligible to circulate petitions or engaged in fraud with respect to some or all of the signatures obtained, the court may order that those signatures collected by that circulator are deemed invalid. The party serving the subpoena may request an order from the court directing the secretary of state to remove any signatures collected by the circulator as on the grounds provided for in section 19‑121.01, subsection A.
D. Any person may challenge the lawful registration of circulators in the superior court of the county in which the circulator is registered. A challenge may not be commenced more than ten business days after the date on which the petitions for which the circulator is required to be registered are filed with the secretary of state. The person challenging signatures may amend that complaint after the secretary of state has removed signatures and signature sheets as prescribed in section 19‑121.01. An action pursuant to this section shall be advanced on the calendar and decided by the court as soon as possible. Either party may appeal to the supreme court within five calendar days after entry of judgment. The prevailing party in an action to challenge the registration of a circulator under this section is entitled to reasonable attorney fees.
E. The removal or disqualification of any one or more circulators does not invalidate the random sample of signatures made pursuant to section 19‑121.01, and the secretary of state shall not be required to conduct any additional random sampling of signatures.
F. For the purposes of this title, "paid circulator":
1. Means a natural person who receives monetary or other compensation for obtaining signatures on a petition or for circulating petitions for signatures.
2. Does not include a paid employee of any political committee organized pursuant to title 16, chapter 6, unless that employee has or will obtain two hundred or more signatures on an initiative, referendum or recall petition in an election cycle.