SB1094 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 19-101, Arizona Revised Statutes, is amended to read:

START_STATUTE19-101. Referendum petition; circulators; violation; classification

A. The following shall be the form for referring to the people by referendum petition a measure or item, section or part of a measure enacted by the legislature, or by the legislative body of an incorporated city, town or county:

Referendum Description

(Insert a description of not more than two hundred words of the

principal provisions of the measure sought to be referred.)

Notice: This is only a description of the measure sought to be referred prepared by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the title and text of the measure are attached. You have the right to read or examine the title and text before signing.

Petition for Referendum

To the secretary of state (or to the corresponding officer for or on local, county, city or town measures):

We, the undersigned citizens and qualified electors of the state of Arizona, respectfully order that the senate (or house) bill No. _____ (or other local, county, city or town measure) entitled (title of act or ordinance, and if the petition is against less than the whole act or ordinance then set forth here the item, section, or part, of any measure on which the referendum is used), passed by the _________________ session of the legislature of the state of Arizona, at the general (or special, as the case may be) session of said legislature, (or by a county, city or town legislative body) shall be referred to a vote of the qualified electors of the state, (county, city or town) for their approval or rejection at the next regular general election (or county, city or town election) and each for himself says:

I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am a qualified elector of the state of Arizona, county of (or city or town and county of, as the case may be) _____________.

"Warning

It is a class 1 misdemeanor for any person to knowingly sign an initiative or referendum petition with a name other than his own, except in a circumstance where he signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his own name because of physical infirmity, or to knowingly sign his name more than once for the same measure, or to knowingly sign such petition when he is not a qualified elector."

Signature Name Actual Arizona City or Date

(first and address post office town signed

last name (street & address (if any)

printed) no. and if & zip

no street code

address,

describe

residence

location)

(Fifteen lines for signatures which shall be numbered)

The validity of signatures on this sheet must be sworn to by the circulator before a notary public on the form appearing on the back of the sheet.

Number ________________

B. Each petition sheet shall have printed on the top of each sheet the following:

"It is unlawful to sign this petition before it has a serial number. IF THE CIRCULATOR DOES NOT READ THE DESCRIPTION ALOUD TO YOU OR DOES NOT GIVE YOU SUFFICIENT TIME TO READ IT, YOUR SIGNATURE IS INVALID."

C. Each petition sheet shall have printed in capital letters in not less than twelve point bold-faced type in the upper right-hand corner of the face of the petition sheet and below the statement prescribed in subsection B of this section the following:

"___________ paid circulator" "______________ volunteer".

D. A circulator of a referendum petition shall state whether the circulator is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures. A CIRCULATOR SHALL EITHER READ THE REFERENDUM DESCRIPTION ALOUD TO EACH PERSON SIGNING BEFORE THAT PERSON SIGNS OR SHALL ALLOW THE PERSON SUFFICIENT TIME TO READ THE DESCRIPTION BEFORE THE PERSON SIGNS. THE CIRCULATOR SHALL INFORM THE PERSON THAT READING THE DESCRIPTION IS REQUIRED SO THAT THE PERSON CAN UNDERSTAND THE PETITION. EACH PERSON SIGNING SHALL AFFIRM THAT THE PERSON HAS HEARD AND UNDERSTOOD OR READ AND UNDERSTOOD THE DESCRIPTION BEFORE SIGNING THE PETITION. FOR ANY PERSON WHO SIGNS WITHOUT EITHER HEARING OR READING THE DESCRIPTION, THE CIRCULATOR SHALL DRAW A LINE THROUGH THE PERSON'S SIGNATURE AND THE SIGNATURE IS VOID AND SHALL NOT BE COUNTED.

E. Signatures obtained on referendum petitions in violation of subsection D of this section are void and shall not be counted in determining the legal sufficiency of the petition. The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section. END_STATUTE

Sec. 2. Section 19-102, Arizona Revised Statutes, is amended to read:

START_STATUTE19-102. Initiative petition; circulators

A. The form of petition for a law or amendment to the constitution of this state or county legislative measure, or city or town ordinance, or amendment to a city or town charter proposed by the initiative to be submitted directly to the electors, shall be substantially in the form prescribed in section 19-101, except that the title and body of such petition shall read:

Initiative description

(Insert a description of not more than two hundred words of the principal provisions of the proposed measure or constitutional amendment.)

Notice: This is only a description of the proposed measure (or constitutional amendment) prepared by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the title and text of the measure are attached. You have the right to read or examine the title and text before signing.

Initiative Measure to be Submitted Directly to Electors

We, the undersigned, citizens and qualified electors of the state of Arizona, respectfully demand that the following proposed law (or amendment to the constitution, or other initiative measure), shall be submitted to the qualified electors of the state of Arizona (county, city or town of ____________) for their approval or rejection at the next regular general election (or county, city or town election) and each for himself says: (terminate form same as a referendum petition.)

B. Each petition sheet shall have printed on the top of each sheet the following:

"___________ paid circulator" " ______________ volunteer".

D. A circulator of an initiative petition shall state whether the circulator is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures. A CIRCULATOR SHALL EITHER READ THE INITIATIVE DESCRIPTION ALOUD TO EACH PERSON SIGNING BEFORE THAT PERSON SIGNS OR SHALL ALLOW THE PERSON SUFFICIENT TIME TO READ THE DESCRIPTION BEFORE THE PERSON SIGNS. THE CIRCULATOR SHALL INFORM THE PERSON THAT READING THE DESCRIPTION IS REQUIRED SO THAT THE PERSON CAN UNDERSTAND THE PETITION. EACH PERSON SIGNING SHALL AFFIRM THAT THE PERSON HAS HEARD AND UNDERSTOOD OR READ AND UNDERSTOOD THE DESCRIPTION BEFORE SIGNING THE PETITION. FOR ANY PERSON WHO SIGNS WITHOUT EITHER HEARING OR READING THE DESCRIPTION, THE CIRCULATOR SHALL DRAW A LINE THROUGH THE PERSON'S SIGNATURE AND THE SIGNATURE IS VOID AND SHALL NOT BE COUNTED.

E. Signatures obtained on initiative petitions in violation of subsection D of this section are void and shall not be counted in determining the legal sufficiency of the petition. The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section.

Sec. 3. Section 19-121.01, Arizona Revised Statutes, is amended to read:

START_STATUTE19-121.01. Secretary of state; removal of petition and ineligible signatures; sheets copies; random sample; presumption

A. Within twenty days, excluding Saturdays, Sundays and other legal holidays, after the date of filing of an initiative or referendum petition and issuance of the receipt, the secretary of state shall:

1. Remove the following:

(a) Those sheets not attached to a copy of the complete title and text of the measure as prescribed in this chapter.

(b) The copy of the title and text from the remaining petition sheets.

(c) Those sheets not bearing the correct petition serial number and, if applicable, the paid circulator registration number in the lower right-hand corner of each side.

(d) Those sheets containing a circulator's affidavit that is not completed or signed or that has been modified.

(e) Those sheets on which the affidavit of the circulator is not notarized, the notary's signature is missing, the notary's commission has expired or the notary's seal is not affixed.

(f) Those sheets on which the signatures of the circulator or the notary are dated earlier than the dates on which the electors signed the face of the petition sheet.

(g) Those sheets that are circulated by a circulator who is prohibited from participating in any election, initiative, referendum or recall campaign pursuant to section 19-119.01.

(h) Those sheets on which the circulator is required to be registered with the secretary of state pursuant to section 19-118 and the circulator is not properly registered at the time the petitions were circulated.

2. After completing the steps in paragraph 1 of this subsection, review each sheet to determine the county of the majority of the signers and shall:

(a) Place a three or four letter abbreviation designating that county on the face of the petition.

(b) Remove all signatures of those not in the county of the majority on each sheet by placing an adjacent mark or striking through the signature line.

(c) Cause all signature sheets to be grouped together by county of registration of the majority of those signing. The detached copies of the title and text of the measure shall be made available to the applicant but may be disposed of after a reasonable period of time.

3. After completing the steps in paragraph 2 of this subsection, remove the following signatures that are not eligible for verification by placing an adjacent mark or striking through the signature line:

(a) If the signature of the qualified elector is missing.

(b) If the residence address or the description of residence location is missing.

(c) If the date on which the petitioner signed is missing, if the date on which the petitioner signed the petition is before the date that the serial number was assigned to the political committee that is filing the petition or if the date on which the petitioner signed the petition is after the date on which the affidavit was completed by the circulator and notarized.

(d) Signatures in excess of the fifteen signatures permitted per petition.

(e) Signatures withdrawn pursuant to section 19-113.

(f) Signatures for which the secretary of state determines that the petition circulator has printed the elector's first and last names or other information in violation of section 19-112.

(g) Signatures with a line drawn through them by the circulator for failing to read the description aloud and failing to allow the signer to read the description as PRESCRIBED in section 19-101 or 19-102.

4. After the removal of petition sheets and signatures, count the number of signatures for verification on the remaining petition sheets and note that number on the face of each petition sheet.

5. Number the remaining petition sheets that were not previously removed and that contain signatures eligible for verification in consecutive order on the front side of each petition sheet.

6. Count all remaining petition sheets and signatures not previously removed and notify the applicant of this total number eligible for verification.

B. If the total number of signatures for verification as determined pursuant to subsection A, paragraph 6 of this section equals or exceeds the constitutional minimum, during the same twenty day period provided in subsection A of this section, the secretary of state shall select, at random, five percent of the total signatures eligible for verification by the county recorders of the counties in which the persons signing the petition claim to be qualified electors. The random sample of signatures to be verified shall be drawn in such a manner that every signature eligible for verification has an equal chance of being included in the sample. The random sample produced shall identify each signature selected by petition page and line number. The signatures selected shall be marked in a clear manner.

C. If a signature line selected for the random sample is found to be blank or was removed from the verification process pursuant to subsection A of this section then the next line down, even if that requires going to the next petition sheet in sequence, on which an eligible signature appears shall be selected as a substitute if that line has not already been selected for the random sample. If the next eligible line is already being used in the random sample, the secretary of state shall proceed back up the page from the signature line originally selected for the random sample to the next previous signature line eligible for verification. If that line is already being used in the random sample, the secretary of state shall continue moving down the page or to the next page from the line originally selected for the random sample and shall select the next eligible signature as its substitute for the random sample. The secretary of state shall use this process of alternately moving forward and backward until a signature eligible for verification and not already included in the random sample can be selected and substituted.

D. After the selection of the random sample and the marking of the signatures selected on the petition sheets pursuant to subsection B of this section, the secretary of state shall transmit a copy of the front of each signature sheet on which a signature included in the random sample appears. The secretary of state shall clearly identify those signatures marked for verification and shall transmit by personal delivery, certified mail, email or other electronic transfer method to each county recorder a copy of each signature sheet on which a signature appears of any individual who claims to be a qualified elector of that county and whose signature was selected for verification as part of the random sample.

E. The secretary of state shall presume that the date noted on the petition for a petitioner's signature is the date on which the petitioner signed the petition, and any person seeking to establish a different date for the signature bears the burden of proof in overcoming the presumption.

F. The secretary of state shall retain an electronic copy of all signature sheets except as otherwise prescribed in this title. After the time period for legal challenges has elapsed, the original sheets shall be made available to the applicant but may be disposed of after a reasonable period of time. END_STATUTE