 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
public resources; influencing elections; penalties
Purpose
Specifies that a resident may initiate a suit for a city's, town's, county's or school district's violation of the prohibition on the use of public resources to influence an election and requires civil penalties collected by the court to be paid to the resident.
Background
Public entities as outlined by statute may not spend or use resources, including the use or expenditures of monies, telecommunications, web pages, personnel or any other thing of value, for the purposes of influencing an election. A public entity may distribute informational pamphlets on a proposed bond, budget, override, candidate or other type of election if the pamphlets present factual information in a neutral manner. City, town, county and school district employees may not use the authority of their positions to influences the vote or political activities of any subordinate employee.
The Attorney
General (AG), the county attorney or a resident of the county in which an
alleged violation of using public resources to influence an election occurred
may initiate a suit in the superior court in the county in which the alleged
violation occurred. For each violation, the court may impose a civil penalty of
up to $5,000 plus the amount of misused monies subtracted from the public
entity's budget against a person who knowingly violates or aids another person
in violating the prohibition on using public resources to influence an
election. The court may order the person or public entity in violation to pay
an additional penalty equal to the value of the public resources unlawfully
used. The civil penalties are paid: 1) to the AG to defray the costs of
enforcement, for an action filed by the AG; 2) to the office of the county
treasurer for the use and reimbursement of costs of prosecution, for a suit
initiated by a county attorney; or 3) to the resident, for an action filed by a
resident of the jurisdiction in violation (A.R.S. ยงยง 9-500.14;
11-410;
15-511;
and 16-192).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that a resident may initiate a suit in the superior court of the county in which a city, town, county or school district is located for an alleged violation of the prohibition on the use of public resources to influence an election.
2. Specifies that penalties collected by the court for a suit initiated by a resident for a violation must be paid to the resident.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
AN/slp