Assigned to ELEC                                                                                               AS PASSED BY COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1063

 

political signs; removal; elections

Purpose

Modifies the timeframes relating to the removal or tampering of political signs during an election and applies the modified timeframes to all elections in Arizona.

Background

Within 45 days of a primary election and 15 days after a general election, it is a class 2 misdemeanor for a person to knowingly remove, alter, deface or cover any political sign or printed material of a candidate or in support of or opposition to any ballot measure, question or issue. If a candidate does not advance to the general election, the period ends 15 days after the primary election.

A city, town or county may not remove, alter, deface or cover a political sign that is lawfully placed within 71 days of a primary election and 15 days after a general election. Statute prescribes requirements relating to the lawful placement of political signs. A political sign is lawfully placed if the sign: 1) is placed in a public right-of-way that is owned or controlled by that jurisdiction; 2) supports or opposes a candidate for public office or ballot measure; 3) is not placed in a hazardous location to public safety, obstructs clear vision or interferes with the requirements of the Americans with Disabilities Act; 4) adheres to maximum area restrictions; and 5) contains the name and telephone number or website of the candidate or campaign committee contact person (A.R.S. § 16-1019).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Specifies that a person who knowingly tampers with a political sign or other political material is subject to a class 2 misdemeanor during the period 71 days, rather than 45 days, before any election and 15 days after any election, rather than only before and after a primary or general election.

2.   Specifies that the time period during which a city, town or county may not tamper with a lawfully placed political sign commences 71 days before any election in Arizona, rather than only before a primary election.

3.   Specifies the time periods relating to political sign tampering apply to lawfully placed signs that support or oppose a ballot measure, question or issue and only to the election at which the ballot measure, question or issue is scheduled to appear.

4.   Applies the statutory requirements relating to political sign tampering, relocation, liability for relocation and prohibited installation to any election held in Arizona by the state or a city, town, county, school district, special taxing district or other governmental entity.

5.   Defines general or runoff election as the general election as prescribed by section 16-211 and for a city or town or other political subdivision that holds a primary or first election, the runoff election or second election without regard to whether the political subdivision designates the election as a general, runoff or second election or any other descriptive term.

6.   Defines political subdivision as a city, town, county, school district, special taxing district or other governmental entity.

7.   Defines primary or first election as means an election that is held as prescribed by section 16-201 and for a city or town or other political subdivision that holds a preliminary, primary or first election that is held for the purpose of reducing the number of candidates for a possible subsequent election or receiving a partisan nomination or designation, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term.

8.   Makes conforming changes.

9.   Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Restores the 71-day period before an election during which a city, town or county is prohibited from tampering with a lawfully placed political sign.

2.   Expands, from 45 days to 71 days, the time period before an election during which a person is subject to a class 2 misdemeanor for tampering with a political sign.

3.   Specifies the time periods relating to political sign tampering apply a ballot measure, question or issue and only to the election at which the ballot measure, question or issue is scheduled to appear.

4.   Defines terms.

Senate Action

ELEC              2/05/24      DPA             8-0-0

Prepared by Senate Research

February 8, 2024

AN/KS/cs