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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
candidate late fees; candidate ineligibility
Purpose
Requires a filing officer, at the time of filing a nomination paper, to notify the Secretary of State (SOS) when a candidate or write-in candidate for state or local office is ineligible for office because the candidate is liable for $1,000 or more in fines, penalties, late fees or administrative or civil judgments. Prescribes requirements relating to the reporting of ineligible candidates and requires the SOS to make the information publicly available.
Background
A person who wishes to become a candidate at a primary election for a political party or a candidate at any partisan or nonpartisan state or local office election must file a nomination paper, financial disclosure statement and declaration of qualification and eligibility with a filing officer. The filing officer may not accept the nomination paper of a candidate for state or local office unless the person provides: 1) the financial disclosure statement for candidates for that office; and 2) a declaration of qualification and eligibility. Except in cases where the liability is being appealed, the filing officer may not accept the nomination paper of a candidate or write-in candidate for state or local office if the person is liable for an aggregate of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of filing and arose from failure to comply with or enforcement of campaign finance statute (A.R.S. § 16-311).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems a person who is liable for an aggregate of $1,000 or more in fines, penalties, late fees or administrative or civil judgments as ineligible for nomination or election to any elected office in Arizona.
2. Requires a filing officer to notify the SOS when a candidate or a write-in candidate for state or local office in the filing officer's jurisdiction is found liable for an aggregate of $1,000 or more in fines, penalties, late fees or administrative or civil judgments at the time of filing a nomination paper.
3. Requires the SOS to provide a website portal for filing officers in Arizona to provide information regarding outlined ineligible candidates in the filing officer's jurisdiction.
4. Requires the prescribed information to identify the ineligible candidate and state the amount and date of the liability.
5. Requires the SOS to make the prescribed information regarding candidates who are ineligible publicly available.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2024
AN/HS/cs