Arizona House Bill 2305 (2013)
|Arizona House Bill 2305 (2013)|
|Sponsor(s):||Rep. Eddie Farnsworth (R-12)|
|Introduced:||January 23, 2013|
|State house:||June 13, 2013|
|State senate:||June 13, 2013|
|Signed:||June 19, 2013|
|State law:||Laws governing the initiative|
process in Arizona
|Code:||Elections code and Initiative code|
|Impact on initiative rights|
According to the Senate fact sheet on HB 2305 there was no expected fiscal impact to the state general fund from this bill.
Protect Your Vote referendum
- See also: Arizona Election Law Referendum (2014)
When HB 2305 was approved, it sparked strong opposition from initiative and referendum enthusiasts who saw the new law as simply more roadblocks for and stronger restrictions on the initiative process. Activists organized under the name Protect Your Vote Arizona organized a petition campaign to put a veto referendum on the 2014 ballot. Supporters of the referendum were required to gather 86,405 valid signatures by September 11, 2013.
Protect Your Vote Arizona activists began circulating petitions in July 2013. On October 29, 2013, the secretary of state confirmed that the measure received enough signatures to qualify for the ballot. Supporters turned in over 144,000 signatures, of which 110,770 were declared valid.
Instead of putting a referendum on the ballot, the legislature repealed HB 2305 through 2014 House Bill 2196.
According to the Senate summary and fact sheet for HB 2305 the following is a background on the bill:
According to Arizona Revised Statutes (A.R.S.) §§ 19-112(C), 19-114 and 19-118, any person who is qualified to register to vote is permitted to circulate petitions and any person who is not qualified to register to vote is prohibited from circulating petitions. A petition circulator is not required to be a resident of this state but otherwise must be qualified to register to vote in this state. Additionally, petition circulators that are not residents of this state are required to register as a circulator with the SOS. Statute also details the requirements that must be met in order for petition signatures to be valid and counted, notably including the following: a) a petition circulator must indicate which petition is being circulated by listing the official serial number assigned to the petition; b) a petition circulator must indicate the address the circulator agrees to accept service of process, if different than the residential address provided; c) a petition circulator is required to sign the Affidavit of Circulator in the presence of a notary public; and d) a petition circulator must state on an initiative or referendum petition whether the circulator is a paid or volunteer circulator by checking the appropriate line on the petition prior to circulation (A.R.S. §§ 19-101, 19-102 and 19-112). The SOS is required to remove petition signature sheets and petition signatures that do not meet certain specified requirements (A.R.S § 19-121.01).
The following provisions of HB 2305 were listed in the Senate Fact sheet:
Requires a political committee that files petitions to organize and group the signature sheets as follows:
a) by the county of residence of the majority of the persons signing the signature sheet;
b) by circulator; and
c) by the notary public who notarized the circulator’s signature on the sheet.
Permits the SOS to return as unfiled any signature sheets that are not grouped and organized as required.
States that the political committee that is the proponent of the petition is solely responsible for compliance with specified requirements.
Permits any political committee to submit to the SOS, at the time of filing a petition, a list of all petition circulators and a copy of a criminal records check performed on each circulator.
Specifies that a criminal records check is one that is verified through source documents and performed by a licensed entity.
Stipulates that, if the background check was performed and provided by a person or entity who was engaged in an arm’s length transaction with the political committee, any challenge to those petition circulators must demonstrate to the court by clear and convincing evidence that the circulator was not eligible to register to vote in this state.
Permits the SOS to adopt, by rule, appropriate standards for determining whether a transaction between a political committee and the person or entity providing the circulators’ background checks constitutes an arm’s length transaction.
Defines arm’s length transaction.
Makes technical changes.
- Arizona Election Law Referendum (2014)
- Changes in 2013 to laws governing ballot measures
- Laws governing ballot measures in Arizona
- Arizona House of Representatives
- Arizona House Bill 2196 (2014)
- Phoenix New Times, "Arizona's Voter Suppression Law: Referendum to Overturn HB 2305 Filed Today," July 1, 2013
- KTAR.com, "Arizona election referendum certified for 2014 ballot," October 29, 2013
- Arizona Legislature website, "Senate Revised Fact Sheet HB 2305," accessed January 15, 2014
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.