ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: GOV DPA 4-3-0-0 | 3^rd Read: 17-12-1-0 House: FMAE DP 4-2-0-1

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SB 1036: public resources; influencing elections; penalties

Sponsor: Senator Kavanagh, LD 3

Caucus & COW

Overview

Allows a resident to initiate a suit to enforce prohibitions relating to specified entities unlawfully influencing the outcome of an election.

History

Statute prohibits this state and its political subdivisions, including cities, towns, counties, agencies, special taxing districts and persons acting on behalf of a school district, from spending or using the entities resources, which includes all things of value, to influence the outcome of an election.  The Attorney General or county attorney is authorized to initiate a suit in the superior court to enforce any alleged violation of the previously mentioned prohibition.  Additionally, the court may impose a civil penalty of $5,000 or less for each violation, which must be paid by the person, entity or political subdivision that committed the violation (A.R.S. §§ 9-500.14, 11-410, 15-511, 16-192).

Influencing the outcomes of elections is defined in statute as supporting or opposing a candidate for nomination, election or recall or supporting or opposing a ballot measure, question or proposition in any manner that is not impartial or neutral (A.R.S. §§ 9-500.14, 11-410, 15-511, 16-192).

Provisions

1. Authorizes a resident, in addition to the Attorney General and county attorney, to initiate a suit in superior court to enforce prohibitions relating to the state, a political subdivision of the state, a school district or a special taxing district attempting to unlawfully influence the outcome of an election. (Sec. 1, 2, 3, 4)

2. Specifies that the civil penalties, awarded based off of the violation of statutes relating to unlawfully influencing the outcome of an election, must be paid in an action filed by:

a) the Attorney General to the Office of the Attorney General;

b) the county attorney to the office of the county treasurer; or

c) a resident to the resident. (Sec. 1, 2, 3)

3. Alters the definition of influencing the outcomes of elections. (Sec. 1, 2, 3, 4)

4. Makes technical changes. (Sec. 1, 2, 3, 4)

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8.                   SB 1036

9. Initials JH/SR     Page 0 Caucus & COW

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