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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
elections; public resources; conflict referral
Purpose
Requires the Attorney General (AG) or a county attorney to promptly evaluate whether a complaint that public resources were spent or used to influence an election presents an actual or potential conflict of interest. Prescribes requirements for the procedures after receiving a complaint of a conflict of interest.
Background
The State of Arizona and any special taxing district, public agency, department, board, commission, committee, council or authority (public entity) may not spend or use public resources to influence an election, including the use or expenditure of monies, accounts, credit, materials, equipment, buildings, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages and personnel and any other thing of value of the public entity. The AG, the county attorney for the county in which an alleged violation of the prohibition on using public resources to influence an election occurs or any resident of the jurisdiction of an alleged violation may file an action against the offending entity in the superior court. Any person or public entity that knowingly spends or uses public funds to influence an election or aids another person or public entity in spending or using public funds to influence an election is liable for a civil penalty of up to $5,000 for each violation. The court may also order the offending person or public entity to pay an additional penalty in an amount that equals the value of the public resources unlawfully used (A.R.S. § 16-192).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the AG or county attorney to promptly evaluate whether a complaint that a government entity has spent or used public resources to influence an election presents an actual or potential conflict of interest based on the alleged fact and any applicable state law or ethical rule.
2. Stipulates that, if the AG or county attorney concludes that the complaint presents a conflict of interest, then the AG or county attorney within 30 days of receiving the complaint, must:
a) refer the complaint to a county attorney; and
b) provide the complainant with written notice of the referral and an explanation of the basis for the conflict of interest that gave rise to the referral of the complaint.
3. Stipulates that, if the AG or county attorney concludes that the complaint does not present a conflict of interest, then the AG or county attorney within 30 days of receiving the complaint, must:
a) disclose to the complainant whether the AG or county attorney received any direct or indirect financial benefit from any person or entity named in the complaint within the year preceding the submission of the complaint; and
b) notify the complainant of the complainant's right to request the appointment of a special investigator who does not act at the direction of the AG or county attorney to resolve the complaint.
4. Stipulates that if the AG or county attorney does not adhere to the procedures prescribed relating to the complaint of a conflict of interest, then the findings of the AG or county attorney are void.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
APPROP 2/19/24 DP 11-4-2-0
3rd Read 2/27/24 32-25-2-0-1
Prepared by Senate Research
March 14, 2024
AN/HS/cs