|
|
ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
|
|
HCR2040: elections; foreign contributions; donations; certification
Sponsor: Representative Montenegro, LD 29
Committee on Federalism, Military Affairs & Elections
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 is responsible for the enforcement of 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 that, 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. Requires records of the certifications to be maintained by the Secretary of State and posted online. (Sec. 1)
7. 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)
8. Establishes that a person or vendor that knowingly fails to provide an accurate certification is guilty of a class 1 misdemeanor. (Sec. 1)
9. Authorizes the Attorney General to file an action regarding a person knowingly violating the above provisions and details the damages for such an action. (Sec. 1)
10. Allows any qualified elector or state official to bring a civil action for any or all of the following:
a) enjoining a violation of the above provisions;
b) enforcing any of the above provisions; and
c) outlines what the court must award if an action is successful. (Sec. 1)
11. Specifies that the remedies and penalties prescribed are in addition to all other causes of action, remedies and penalties provided by law. (Sec. 1)
12. Prohibits a foreign government from knowingly giving a person, entity or committee, and such an entity 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. 2)
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. 2)
14. Specifies that a foreign government does not include federally recognized sovereign tribal nations. (Sec. 1, 2)
15. Defines foreign nongovernmental source and person. (Sec. 1, 2)
16. Requires the Secretary of State to submit this proposition to the voters at the next general election. (Sec. 2).
17. Becomes effective if approved by the voters and on proclamation of the Governor.
18.
19.
20. ---------- DOCUMENT FOOTER ---------
21. HCR 2040
22. Initials JH/SR Page 0 Federalism, Military Affairs & Elections
23.
24. ---------- DOCUMENT FOOTER ---------