Arizona House Bill 2305 (2013)

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Arizona House Bill 2305 (2013)
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Legislature:Arizona Legislature
Text:HB 2305
Sponsor(s):Rep. Eddie Farnsworth (R-12)
Legislative History
Introduced:January 23, 2013
State house:June 13, 2013
State senate:June 13, 2013
Governor:Jan Brewer
Signed:June 19, 2013
Legal Environment
State law:Laws governing the initiative
process in Arizona
Code:Elections code and Initiative code
Impact on initiative rights
Citizens in Charge Foundation#Legislation ratingsCICF rating:
Reduces Access
Citizens in Charge Foundation#Legislation ratings
Arizona House Bill 2305 was introduced on January 23, 2013, by Representative Eddie Farnsworth (R-12) and signed into law on June 19, 2013. But it was repealed in 2014 by HB 2196. HB 2305, before it was repealed, established the requirement that a political committee that files petitions with the secretary of state must organize and group the signature sheets and demanded a heightened evidentiary standard for any challenger to the petition circulators, provided the political committee conducts an arm’s length background check on its circulators.

According to the Senate fact sheet on HB 2305 there was no expected fiscal impact to the state general fund from this bill.

Background

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).[1][2]

Provisions

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.

Defines affiliate.

Makes technical changes.

Becomes effective on the general effective date.[1][2]

See also

References

  1. 1.0 1.1 Senate Revised Fact Sheet HB 2305, accessed January 15, 2014
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.