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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
attorney general; voter fraud; subpoenas
Purpose
Requires the Attorney General (AG), in the furtherance of investigations of the Voter Fraud Unit, to conduct investigations and issue and enforce subpoenas in the same manner as prescribed for consumer fraud investigations.
Background
The AG may enforce Arizona election laws through civil and criminal actions in any election for: 1) state office; 2) members of the Legislature; 3) justices of the Arizona Supreme Court; 4) judges of the court of appeals; or 5) any initiative or referendum (A.R.S. § 16-1021).
To carry out the statutory duties relating to consumer fraud, the AG may: 1) issue subpoenas to any person; 2) administer an oath or affirmation to any person; 3) conduct hearings in aid of any investigation or inquiry; and 4) prescribe forms and promulgate necessary procedural rules and regulations (A.R.S. § 44-1526). If a person fails or refuses to fully comply with a demand or subpoena issued by the AG, the AG may file a petition in superior court and request: 1) adjudging the person in contempt of court; 2) granting injunctive relief to restrain the sale or advertisement by the person subject to the investigation; or 3) grant other relief that the court deems proper (A.R.S. § 44-1527).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the AG, in furtherance of the investigations and activities of the Voter Fraud Unit, to conduct investigations and issue and enforce subpoenas in the same manner as statutorily authorized for consumer fraud investigations.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
GE 2/3/21 DP 8-5-0-0
GE* 2/3/21 DP 7-6-0-0
3rd Read 3/4/21 31-28-1
*on reconsideration
Prepared by Senate Research
March 18, 2021
MH/gs