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Senate Engrossed House Bill
secretary of state; election; recusal |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HOUSE BILL 2308 |
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An Act
amending section 41-121, Arizona Revised Statutes; relating to the secretary of state.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-121, Arizona Revised Statutes, is amended to read:
41-121. Duties
A. The secretary of state shall:
1. Receive bills and resolutions from the legislature, and perform such other duties as devolve on the secretary of state by resolution of the two houses or either of them.
2. Keep a register of and attest the official acts of the governor.
3. Act as custodian of the great seal of this state.
4. Affix the great seal, with the secretary of state's attestation, to public instruments to which the official signature of the governor is attached.
5. File in the secretary of state's office receipts for all books distributed by the secretary of state and direct the county recorder of each county to do the same.
6. Certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor.
7. Promptly chapter slip laws filed by the legislature, electronically publish and maintain the bills, memorials and resolutions posted on the secretary of state's website, make such acts available for a reasonable fee to include the cost of printing and postage, provide each house of the legislature and the legislative council with a certified copy of each chaptered bill or resolution and transfer to the custody of the Arizona state library, archives and public records all original paper copies filed.
8. Keep a fee book of fees and compensation of whatever kind and nature earned, collected or charged by the secretary of state, with the date, the name of the payer and the nature of the service in each case. The fee book shall be verified annually by the secretary of state's affidavit entered in the fee book.
9. Perform other duties imposed on the secretary of state by law.
10. Report to the governor on January 2 each year, and at such other times as provided by law, a detailed account of the secretary of state's official actions taken since the secretary of state's previous report together with a detailed statement of the manner in which all appropriations for the secretary of state's office have been expended.
11. Transfer all noncurrent or inactive books, records, deeds and other papers otherwise required to be filed with or retained by the secretary of state to the custody of the Arizona state library, archives and public records.
12. Accept electronic and digital signatures that comply with section 18-106 for documents filed with and by all state agencies, boards and commissions.
13. Meet at least annually with personnel from the federal voting assistance office of the United States department of defense and with county recorders and other county election officials in this state to coordinate the delivery and return of registrations, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens.
14. Except for the constitutional duty to certify the statewide canvass, Not perform personally any aspect of election operations which is conducted by elections department staff in the office of the secretary of state for an election in which the secretary of state is a candidate.
B. The secretary of state may refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested for an unlawful, illegitimate, false or fraudulent purpose or is being requested or submitted in bad faith or for the purpose of harassing or defrauding a person or entity. This subsection does not apply to election filings.