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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: FMAE DPA 4-3-0-0 |
HB 2521: elections; foreign money
Sponsor: Representative Way, LD 15
House Engrossed
Overview
Prohibits the use of monies or in-kind goods and services from a foreign government in election administration.
History
Campaign finance reports are required to be filed by any candidate committee, political action committee or political party. These reports must include the total receipts during the reporting period including contributions from out-of-state individuals and political action committees. In addition, disbursements or expenditures advocating for the election or defeat of a candidate and the passage or defeat of a ballot measure must be included. Campaign finance reports must be accompanied by a certification by a committee's treasurer, issued under penalty of perjury, that the contents of the report are true and correct (A.R.S. §§ 16-901, 16-926).
The Attorney General enforces election statutes and regulations through civil and criminal actions (A.R.S. § 16-1021).
Provisions
1. Prohibits government entities from using monies or in-kind goods or services that are donated by a foreign government or foreign nongovernmental source for election administration. (Sec. 1)
2. Requires a person or vendor that provides services to a government entity for election administration to provide a certification including a dated and sworn statement to the Secretary of State. (Sec. 1)
3. Specifies that this certification must be updated annually. (Sec. 1)
4. Requires, upon receipt of previously unknown information, the person update their certification and include a new statement that the person is not knowingly the recipient of donations from a foreign source. (Sec. 1)
5. Mandates that the Secretary of State require government entities to provide a quarterly report that lists any person or vendor providing services to that government entity for election administration. (Sec. 1)
6. Establishes that the Secretary of State must notify the government entity by email if the government entity fails to file its quarterly report and advise them of possible enforcement actions. (Sec. 1)
7. Requires records of the certifications to be maintained by the Secretary of State and posted online. (Sec. 1)
8. Specifies that failing to provide the certification or providing an inaccurate certification invalidates any agreement with the government entity and bars the government entity from entering or continuing any agreement with that person. (Sec. 1)
9. Establishes a civil penalty and the amount of the penalty for a person or vendor knowingly failing to provide an accurate certification. (Sec. 1)
10. Authorizes any qualified elector or state official to bring a civil action to enjoin or enforce a violation of the above provisions. (Sec. 2)
11. Instructs the court to award injunctive relief, specified damages and costs and attorney fees if a claimant prevails in bringing a civil action to enjoin or enforce the above provisions. (Sec. 2)
12. Prohibits a foreign government from knowingly giving and a person, entity or committee from knowingly accepting or using in-kind goods or services contributed by a foreign government or a foreign nongovernmental source to influence the outcome of an election or ballot measure. (Sec. 3)
13. Requires any person, entity or committee required to file campaign finance reports to certify under penalty of perjury that they did not accept or use monies or in-kind goods or services from a foreign government or foreign nongovernmental source. (Sec. 3)
14. Specifies that a foreign government does not include federally recognized sovereign tribal nations. (Sec. 1, 3)
15. Defines foreign nongovernmental source and person. (Sec. 1, 3)
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HB 2521
Initials JH/SR Page 0 House Engrossed
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