ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: APPROP DP 11-4-2-0

HB 2768: elections; public resources; conflict referral

Sponsor: Representative Livingston, LD 28

House Engrossed

Outlines the required procedure for the Attorney General or a county attorney if they receive certain complaints that present 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. Instructs the Attorney General or County attorney, upon receipt of a complaint alleging a qualifying violation, to promptly evaluate whether the complaint presents an actual or potential conflict of interest based on the alleged facts and any applicable state law or ethical rule. (Sec. 1)

2. Requires, if the Attorney General or county attorney concludes that a complaint presents a conflict of interest, they must:

a) Refer the complaint to a county attorney; and

b) Provide the complainant with a written notice of the referral and an explanation of the basis for the conflict of interest. (Sec. 1)

3. Instructs the Attorney General or county attorney, upon concluding that a conflict of interest does not exist, to:

a) Disclose to the complainant whether the Attorney General or county attorney received any direct or indirect financial benefit from any person or entity named in the complaint within one year before the submission of the complaint; and

b) Notify the complaint of their right to request the appointment of a special investigator who does not act at the discretion of the Attorney General or county Attorney. (Sec. 1)

4. Specifies that if an Attorney General or county attorney does not comply with the requirements outlined above, then their investigative findings are null and void. (Sec. 1)

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

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9. HB 2768

10. Initials AF/LT/JH Page 0 House Engrossed

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