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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
preferential
treatment; discrimination; prohibition (NOW:
elections; donations; early voting; tabulation)
(NOW: elections; foreign contributions; donations; certification)
Purpose
Subject to voter approval, prohibits the use of monies or in-kind goods or services donated by a foreign source for election administration purposes and prohibits a person, entity or committee from accepting or using monies or in-kind goods or services contributed by a foreign source to influence the outcome of a ballot measure.
Background
The Federal
Election Campaign Act of 1971 (Act) prohibits a foreign national from directly
or indirectly participating in the decision making process regarding a person's
federal or
non-federal election related activities, including by way of: 1) a contribution
or donation of money or other thing of value in connection with a federal,
state or local election; 2) a contribution or donation to a committee of a
political party; or 3) an expenditure, independent expenditure or disbursement
for electioneering communication. In 2021, the Federal Elections Commission
determined that spending specifically related to ballot initiatives is
generally outside the purview of the Act because such spending is not in
connection with elections as defined by the Act (52
U.S.C. § 30121; FEC)
In 2021, the Legislature enacted legislation that prohibited the state or a city, town, county, school district or other public body that conducts or administers elections from receiving or expending private monies for the purpose of preparing for, administering or conducting an election, including to register voters (Laws 2021, Ch. 199).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Requires a person, entity or committee that is required to file campaign finance reports to certify in the reports, under penalty of perjury, that the person, entity or committee has not accepted or used prohibited foreign monies or in-kind goods or services.
4. Requires a person or vendor that provides services to a government entity for election administration to provide a certification (foreign donation certification) to the SOS that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the direct or indirect recipient of donations from a foreign source.
5. Specifies that the foreign donation certification requirements do not apply to a person or organization when providing a facility that serves as a voting location.
6. Requires the person to update the foreign donation certification annually.
7. Requires a person, if the person obtains information unknown at the time of initial certification, to update the initial certification within five business days to reflect the new information and to include a new statement that the person is now knowingly the direct or indirect recipient of foreign donations.
8. Requires the SOS to:
a) maintain records of submitted foreign donation certifications and to post the foreign donation certifications on the SOS's website;
b) require government entities to provide the SOS a quarterly report of all persons or vendors that provide services for election administration to the government entity; and
c) notify a government entity by email if the government entity fails to file a quarterly report as outlined, and to advise the government entity of possible enforcement actions.
9. Classifies, as a class 1 misdemeanor, knowingly failing to provide an accurate initial or updated foreign donation certification to the SOS.
10. Stipulates that a person's or vendor's failure to provide an accurate foreign donation certification:
a) invalidates any agreement between the person and a government entity; and
b) bars a state, county or local government entity from entering into or continuing any agreement with the person.
11. Allows the Attorney General to file an action regarding a person's knowing violation of the foreign donation prohibition or certification requirement.
12. Specifies that a foreign donation violation action may include a request for:
a) an injunction;
b) damages of at least $5,000 for each knowing violation; and
c) other relief that the court may provide.
13. Allows any qualified elector or state officer to initiate a civil action to enjoin a foreign donation violation or enforce any requirement relating to disclosure of foreign donations.
14. Requires the court to award a prevailing civil claimant:
a) injunctive relief sufficient to prevent the defendant from violations or engaging in, acts that aid or abet foreign donation violations;
b) damages in the amount of $1,000 per day from the date of noncompliance until the defendant comes into compliance; and
c) costs and attorney fees.
15. Specifies that the remedies, duties, prohibitions and penalties associated with foreign donation violations are in addition to all other causes of action, remedies or penalties as provided by law.
16. Defines person as an individual or a candidate, nominee, committee, corporation, limited liability company, labor organization, partnership, trust, association, organization, joint venture, cooperative or unincorporated organization or association and excludes poll workers.
17. Defines foreign nongovernmental source as any individual who is not a United States Citizen or national.
18. Specifies that a foreign government or foreign nongovernmental source does not include federally recognized sovereign tribal nations.
19. Makes technical and conforming changes.
20. Requires the SOS to submit the proposition to the voters at the next general election.
21. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by Committee
1. Modifies the early ballot instructions.
2. Replaces references to polling place or vote centers with precinct or other polling location.
3. Requires a qualified elector who presents identification at a precinct or other polling location during early voting to be given a ballot to complete tabulation on-site.
4. Prohibits county election officials from generating or requiring early ballot mail affidavit envelopes for specified electors.
5. Expands the prohibition on a public body receiving private monies for the purpose of administering an election.
6. Specifies that the foreign donation certification in a campaign finance report is under penalty of perjury.
7. Specifies that the prohibition on a government entity using foreign monies or in-kind goods or services applies to direct or indirect donations.
8. Removes the reductions to the FY 2024 and FY 2025 appropriations included in the FY 2022 General Appropriations Act to the State Treasurer for secure ballot paper and removes the $11,000,000 appropriation to the SOS.
9. Appropriates $11,000,000 from the CCEF to the SOS.
10. Makes conforming changes.
Amendments Adopted by Committee of the Whole
1. Removes the modifications to voting procedures and vote centers.
2. Removes the addition of in-kind goods and services to the prohibition on a public body that conducts or administers elections receiving or expending private monies for the purpose of administering or conducting an election.
3. Removes the on-site ballot tabulation requirements.
4. Removes the appropriation.
5. Specifies that the foreign donation certification requirements do not apply to a person or organization when providing a facility that serves as a voting location.
6. Excludes poll workers from the definition of person.
7. Defines foreign nongovernmental source as any individual who is not a United States citizen or national.
Senate Action
ELEC 5/16/24 DPA/SE 4-3-1
Prepared by Senate Research
June 15, 2024
AN/cs