ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session

---

HB 2768: elections; public resources; conflict referral

Sponsor: Representative Livingston, LD 28

Committee on Appropriations

Overview

Outlines the required procedure for the Attorney General or a county attorney if they receive a complaint that presents a conflict of interest.

History

Arizona, special taxing districts, any public agency, department board, commission committee, council or authority may not spend or use public resources to influence an election. This includes the use of monies, accounts, credit, materials, equipment, buildings, facilities, vehicles, postage, telecommunications, computer hardware and software. (A.R.S. § 16-192).  

The Attorney General may enforce election rules for statewide office, the Legislature, Supreme Court Justices, Judges of the Court of Appeals or statewide initiatives or referendums through civil and criminal penalties. County attorneys may enforce election rules for county, city or town office, community college district governing boards, Superior Court Judges or  county, city or town initiatives or referendums through civil and criminal penalties (A.R.S. § 16-1021).

Provisions

1. Stipulates that if the Attorney General or a county attorney receives a complaint alleging that a government entity used resources to influence an election and that complaint presents a conflict of interest, they must:

a) refer the complaint to another county attorney within 30 days of the submission of the complaint; and

b) provide the complainant with a written notice which explains the basis for the conflict of interest within 30 days of receiving the complaint. (Sec. 1)

2. Stipulates that if the Attorney General or a county attorney receives a complaint alleging a political party or political action committee received public resources from a government entity to influence an election and that political party or political action committee made any expenditure to influence the election of the Attorney General or the county attorney, they must:

a) provide the complainant with a legal analysis that explains whether the Attorney General or county attorney has a conflict of interest and whether the complaint can be investigated in a fair manner; and

b) allow the complainant to request the appointment of a special investigator who does not act at the direction of the Attorney General or the county attorney to resolve the complaint. (Sec. 1)

3. Extends the definition of influencing an election to include supporting or opposing any political party or political action committee. (Sec. 1)

4. Defines candidate, political action committee and political party. (Sec. 1)

5. Makes technical and conforming changes. (Sec. 1)

6.

7.

8. ---------- DOCUMENT FOOTER ---------

9.                   HB 2768

10. Initials AF/LT     Page 0 Appropriations

11.

12. ---------- DOCUMENT FOOTER ---------