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Senate Engrossed House Bill
preferential treatment; discrimination; prohibition (now: elections; foreign contributions; donations; certification) |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE CONCURRENT RESOLUTION 2056 |
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A Concurrent Resolution
proposing an amendment to the Constitution of Arizona; relating to elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to elections, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding sections 16-407.04 and 16-407.05; amending title 16, chapter 6, article 1.2, Arizona Revised Statutes, by adding section 16-919; appropriating monies; relating to elections.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 16-407.04 and 16-407.05, to read:
16-407.04. Donations from a foreign source; election administration; certification; records; reports; violation; classification; definition
a. a government entity in this state may not use monies or in-kind goods or services donated, directly or indirectly, by a foreign GOVERNMENT or any foreign nongovernmental source for election ADMINISTRATION.
b. A person or vendor that PROVIDES services to a government entity for election administration shall provide a certification to the secretary of state that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. The person shall annually update the certification. If the person obtains information unknown at the time of the initial certification, the person shall update the initial certification within five business days to reflect the new information and shall include a new statement that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. THIS PARAGRAPH DOES NOT APPLY TO A PERSON OR ORGANIZATION WHEN PROVIDING A FACILITY THAT SERVES AS THE VOTING LOCATION.
c. The secretary of state shall require government entities to provide to the secretary of state a quarterly report that lists any person or vendor that provides services to that government entity for election administration. The secretary of state shall notify the government ENTITY by email if the government ENTITY fails to file its quarterly report prescribed by this section and advise the government ENTITY THAT section 16-407.05 provides for possible enforcement actions.
d. The secretary of state shall maintain records of the certifications prescribed by this section and shall post these certifications on the secretary of state's website.
e. A person or vendor that fails to provide the certification PRESCRIBED by this section or that provides an inaccurate certification to the secretary of state invalidates any agreement with the government entity, and the state, county or local government entity is barred from entering into or continuing any agreement with that person.
f. A person or vendor that knowingly fails to provide an accurate initial or updated certification as prescribed by this section is guilty of a class 1 misdemeanor.
g. for the purposes of this section, "person" means an individual or a corporation or other entity as defined in section 16-901, but does not include poll workers.
H. FOR THE PURPOSES OF THIS SECTION:
1. "FOREIGN NONGOVERNMENTAL SOURCE" IS ANY INDIVIDUAL WHO IS NOT A UNITED STATES CITIZEN OR NATIONAL.
2. "FOREIGN GOVERNMENT" OR "FOREIGN NONGOVERNMENTAL SOURCE" DOES NOT INCLUDE FEDERALLY RECOGNIZED SOVEREIGN TRIBAL NATIONS.
16-407.05. Enforcement; attorney general; private right of action
A. The attorney general may file an action regarding a knowing violation of section 16-407.04. The action may include a request for an injunction, damages of at least $5,000 for each knowing violation and other relief that the court may provide. In addition to the penalties prescribed by this section, any person that violates section 16-407.04 is subject to all of the penalties prescribed in section 16-407.04.
B. Any qualified elector and any state officer may bring a civil action to do any or all of the following:
1. Enjoin a violation of section 16-407.04.
2. Enforce any provision of section 16-407.04.
C. If the claimant prevails in an action brought under subsection B of this section, the court shall award:
1. Injunctive relief sufficient to prevent the defendant from violating section 16-407.04 or engaging in acts that aid or abet violations of section 16-407.04.
2. damages in the amount of $1,000 per day from the date of noncompliance until the defendant comes into compliance.
3. Costs and attorney fees.
D. The remedies, duties, prohibitions and penalties prescribed by this section and section 16-407.04 are in addition to all other causes of action, remedies and penalties provided by law.
Sec. 2. Title 16, chapter 6, article 1.2, Arizona Revised Statutes, is amended by adding section 16-919, to read:
16-919. Foreign contributions prohibited; ballot measures; certification
a. A FOREIGN GOVERNMENT SHALL NOT GIVE AND A PERSON, entity OR COMMITTEE SHALL NOT ACCEPT OR USE MONIES OR IN-KIND GOODS OR SERVICES CONTRIBUTED BY A FOREIGN GOVERNMENT or a foreign nongovernmental source TO INFLUENCE THE OUTCOME OF AN ELECTION ON a BALLOT MEASURE.
b. a person, entity or committee that is required to file campaign finance reports pursuant to section 16-926 shall certify under penalty of perjury in those reports that the person, entity or committee has not accepted or used monies or in-kind goods or services in violation of subsection a of this section.
C. FOR THE PURPOSES OF THIS SECTION:
1. "FOREIGN NONGOVERNMENTAL SOURCE" IS ANY INDIVIDUAL WHO IS NOT A UNITED STATES CITIZEN OR NATIONAL.
2. "FOREIGN GOVERNMENT" OR "FOREIGN NONGOVERNMENTAL SOURCE" DOES NOT INCLUDE FEDERALLY RECOGNIZED SOVEREIGN TRIBAL NATIONS.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.