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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
change of judge;
grounds; decision
(NOW: settlement agreement; consent decree; prohibition)
Purpose
Prohibits any party that represents the State of Arizona, or any other governmental entity from agreeing to or signing a settlement agreement or consent decree in any civil proceeding in which the constitutionality, legality or application of laws governing elections or electors is challenged, with certain exceptions.
Background
When declaratory relief is sought, all persons must be made parties who have or claim any interest which would be affected by the declaration. In any proceeding that involves the validity of a municipal ordinance or franchise, such municipality must be made a party and is entitled to be heard. In any proceeding in which a state statute, ordinance, franchise or rule is alleged to be unconstitutional, the Attorney General (AG), the Speaker of the House of Representatives (House) and the President of the Senate must be served with a copy of the pleading, motion or document containing the allegation at the same time the other parties in the action are served and are entitled to be heard.
If a pleading, motion or document containing the allegation is served on the AG, the Speaker of the House and the President of the Senate, a notice of claim of unconstitutionality must be attached to the pleading, motion or document as the cover page and must state the following information: 1) the name, address and telephone number of the attorney for the party alleging that a state law is unconstitutional or the name, address and telephone number of the party if the party is not represented by an attorney; 2) the case name, court name, caption and case number of the proceeding; 3) a brief statement of the basis for the claim of unconstitutionality; 4) a brief description of the proceeding, with copies of any court orders in the proceeding if the claim of unconstitutionality is asserted in a pleading, motion or document other than the pleading, motion or document that initiated the proceeding; and 5) the date, time, location, judge and subject of the next hearing in the proceeding, if any.
If the AG or the Speaker of the House and the President of the Senate are not served in a timely manner with a notice of the claim of unconstitutionality, on motion by the AG the Speaker of the House or the President of the Senate, the court must vacate any finding of unconstitutionality and must give the AG, the Speaker of the House or the President of the Senate a reasonable opportunity to prepare and be heard (A.R.S. § 12-1841).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits any party that represents the State of Arizona, or an agency or political subdivision of Arizona, from agreeing to or signing a settlement agreement or consent decree in a civil proceeding in any court of competent jurisdiction in which the constitutionality, legality or application of laws governing elections or electors is challenged.
2. Allows a party that represents the State of Arizona, or an agency or political subdivision of Arizona to agree to or sign a settlement agreement or consent decree if it is approved by the Attorney General, the Secretary of State, the President of the Senate, the Speaker of the House of Representatives and the Legislative Council.
3. Requires approval by the Legislative Council to occur in a public hearing that allows for public testimony.
4. States that the prohibition against settlements agreements and consent decrees does not apply to any provision contained in the Citizens Clean Elections Act.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Allows for a settlement agreement or consent decree to take place if it is approved by the Attorney General, the Secretary of State, the President of the Senate, the Speaker of the House of Representatives and the Legislative Council.
2. Requires approval by the Legislative Council to occur in a public hearing that allows for public testimony.
3. States that the prohibition against settlement agreements and consent decrees does not apply to any provision contained in the Citizens Clean Election Act.
Amendments Adopted by the Senate Sitting as in Committee of the Whole
· Makes a technical correction.
Senate Action
JUD 2/17/22 DPA/SE 5-2-1
Prepared by Senate Research
March 4, 2022
ZD/HK/sr