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REFERENCE TITLE: elections; foreign money |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2521 |
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Introduced by Representatives Way: Biasiucci, Blackman, Bliss, Carbone, Carter N, Chaplik, Diaz, Fink, Gillette, Gress, Griffin, Heap, Hendrix, Keshel, Kolodin, Kupper, Livingston, Lopez, Marshall, Martinez, Montenegro, Nguyen, Olson, Peņa, Pingerelli, Powell, Rivero, Taylor, Weninger, Willoughby, Wilmeth
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AN ACT
amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding section 16-407.04; AMENDING TITLE 16, CHAPTER 6, ARTICLE 1.2, ARIZONA REVISED STATUTES, BY ADDING SECTION 16-919; relating to elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 16-407.04, to read:
16-407.04. Donations from a foreign source; election administration; certification; records; reports; civil penalty; definitions
a. a government entity in this state may not use monies or in-kind goods or services that are donated, directly or indirectly, by a foreign GOVERNMENT or any foreign nongovernmental source for election ADMINISTRATION.
b. A person or vendor that PROVIDES services to a government entity for election administration shall provide a certification to the secretary of state that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. The person shall annually update the certification. If the person obtains information that was unknown at the time of the initial certification, the person shall update the initial certification within five business days to reflect the new information and shall include a new statement that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. THIS subsection DOES NOT APPLY TO A PERSON OR ORGANIZATION WHEN PROVIDING A FACILITY THAT SERVES AS a VOTING LOCATION.
c. The secretary of state shall require government entities to provide to the secretary of state a quarterly report that lists any person or vendor that provides services to that government entity for election administration. The secretary of state shall notify the government ENTITY by email if the government ENTITY fails to file its quarterly report prescribed by this section and advise the government ENTITY THAT section 16-407.05 provides for possible enforcement actions.
d. The secretary of state shall maintain records of the certifications prescribed by this section and shall post these certifications on the secretary of state's website.
e. A person or vendor that fails to provide the certification PRESCRIBED by this section or that provides an inaccurate certification to the secretary of state invalidates any agreement with the government entity, and the state, county or local government entity is barred from entering into or continuing any agreement with that person.
f. A person or vendor that knowingly fails to provide an accurate initial or updated certification as prescribed by this section is liable for a civil penalty in the amount of three times the money paid or contracted to be paid by the government entity, which shall be paid to the first successful litigant under this section. The controlling person of any vendor shall be jointly and severally liable to pay that amount.
G. For the purposes of this section:
1. Foreign government does not include federally recognized sovereign tribal nations.
2. "Foreign nongovernmental source":
(a) Means an individual who is not a United States citizen or national.
(b) Does not include federally recognized sovereign tribal nations.
3. "Person":
(a) Means an individual or a corporation or other entity as defined in section 16-901.
(b) dOES NOT INCLUDE POLL WORKERS.
Sec. 2. Title 16, chapter 6, article 1.2, Arizona Revised Statutes, is amended by adding section 16-919, to read:
16-919. Foreign contributions prohibited; ballot measures; certification; definitions
a. A FOREIGN GOVERNMENT SHALL NOT knowingly GIVE AND A PERSON, entity OR COMMITTEE SHALL NOT knowingly ACCEPT OR USE MONIES OR IN-KIND GOODS OR SERVICES that are CONTRIBUTED BY A FOREIGN GOVERNMENT or a foreign nongovernmental source TO INFLUENCE THE OUTCOME OF AN ELECTION ON a BALLOT MEASURE.
b. a person, entity or committee that is required to file campaign finance reports pursuant to section 16-926 shall certify under penalty of perjury in those reports that the person, entity or committee has not accepted or used monies or in-kind goods or services in violation of subsection a of this section.
C. For the purposes of this section:
1. Foreign government does not include federally recognized sovereign tribal nations.
2. "Foreign nongovernmental source":
(a) Means an individual who is not a United States citizen or national.
(b) Does not include federally recognized sovereign tribal nations.