Arizona Senate Bill 1091 (2009)

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Arizona Senate Bill 1091 (2009)
Flag of Arizona.png
Legislature:Arizona State Legislature
Text:SB 1091
Sponsor(s):Jonathan Paton (R-30)
Legislative History
Introduced:January 13, 2009
State house:July 1, 2009
State senate:June 22, 2009
Vote (House):Y 47, N 8, O 5
Vote (Senate):Y 26, N 1, O 3
Governor:Jan Brewer
Signed:July 10, 2009
Legal Environment
State law:Laws governing the initiative
process in Arizona

Arizona Senate Bill 1091 was introduced and sponsored by Jonathan Paton (R-30) on January 13, 2009. It was approved in the Arizona House on July 1, 2009, and in the Senate on June 22, 2009. The bill was signed into law on July 10, 2009. This law made various changes to Arizona's elections statutes, including creating the crime of petition signature fraud and prohibiting signature transcription for initiative and referendum petitions.[1]

Provisions

According to the National Conference of State Legislatures, Arizona Senate Bill 1091 had the following provisions:[2]

Precinct Lists

1. Removes the requirement that, upon request and without charge, the county recorders deliver an electronic media copy of the precinct list to Legislative Council.

2. Establishes that the statewide database of voter registration information developed and administered by the Secretary of State is a matter of statewide concern and is not subject to modification or further regulation by a political subdivision.

3. Clarifies that county recorders must provide for the electronic transmittal of that information to the Secretary of State on a real time basis, rather than a daily basis.

4. Stipulates that, for the purpose of maintaining compliance with HAVA, each county voter registration system is subject to approval by the Secretary of State for compatibility with the statewide voter registration database system.

Nomination Petitions

1. Allows a nomination petition for the office of presidential elector to be circulated by a person who is not a resident of this state but who is otherwise eligible to register to vote in this state.

2. Allows cities that hold nonpartisan elections to provide by ordinance that the minimum number of signatures required for a candidate for mayor (or other office nominated by a city at large) be 1,000 signatures or 5% of the vote in the city, whichever is less, but not more than 10% of the vote in the city.

3. Clarifies that nomination petitions must be filed at the same time as primary nomination papers and petitions, except for candidates for the office of presidential elector.

4. Stipulates that a nomination petition for the office of presidential elector must be filed not less than 60 days nor more than 90 days before the general election. Petitions must only be signed by qualified electors who have not signed the nomination petitions of a candidate for the office of presidential elector to be voted for at that election.

5. Specifies that the Election Procedures Manual must require persons who circulate nomination petitions for the office of presidential elector and who are not residents of this state but who are otherwise eligible to register to vote in this state to register as circulators with the Secretary of State before circulating the petitions. The Secretary of State must provide for a method of receiving service of process for those petition circulators who are registered.

6. Removes the ability of persons circulating petitions to print the first and last name, address and the date for the elector signing the petition at the time of signing.

Petition Signature Fraud

1. Stipulates that a person commits petition signature fraud if the person does either of the following with the intent to defraud:

a) Intentionally submits petition signature sheets with the knowledge that the person whose name appears on the signature sheet did not actually sign the petition;
b) Uses any fraudulent means, method, trick and device or artifice to obtain signatures on a petition.

2. Establishes petition signature fraud as a Class 1 misdemeanor, except that a person who engages or participates in a pattern of petition signature fraud is guilty of a Class 4 felony and must be prohibited from participating for five years in any election, initiative, referendum or recall campaign.

3. Requires that the Secretary of State maintain a list of persons who have been convicted of participating in a pattern of petition signature fraud and who are barred from participating in any election, initiative, referendum or recall campaign for five years from the date of conviction.

4. Stipulates that the list must be published on the Secretary of State's website and that the Secretary of State must remove a person's name from the list at the expiration of the five years prohibition.

5. Defines pattern of petition signature fraud.

Initiative and Referendum Timeframes

1. Reduces, from within ten calendar days to within five calendar days, the period of time when:

a) A citizen may apply for a writ of mandamus following a county recorder's failure or refusal to certify signatures on an initiative or referendum petition;
b) A citizen may challenge in superior court the county recorder certification following receipt by the Secretary of State;
c) A citizen may apply to the superior court for a writ of mandamus to compel the Secretary of State to file the petition or proposal or transmit the facsimiles, or the citizen may file a complaint with the county attorney or Attorney General following the Secretary of State's refusal to file or transmit the petition;
d) The county attorney or Attorney General may apply to the superior court for a writ of mandamus to compel the Secretary of State to file the petition or proposal or transmit the facsimiles after the complaint is made; and
e) Either party may appeal to the Arizona Supreme Court after judgment in an action to enjoin the certification or printing of an amendment or measure proposed or referred.

2. Defines citywide or townwide election for the purposes of a municipal referendum petition as an election at which all of the qualified electors of a city or town are eligible to vote for a mayor or members of the city or town council.

Miscellaneous

1. Requires the Secretary of State to make available by electronic means, instead of print, a copy of the initiative and referendum governing article and rules to each applicant who files an initiative and referendum petition and to provide the county, city and town clerks an electronic copy to provide to each applicant.

2. Removes requirements to destroy ballots if two or more ballots are found folded together appearing as a single ballot that appears to be cast by one elector or if the number of ballots in the box exceeds the names on the poll lists.

3. Removes contribution limit exemptions for an opponent of a candidate who contributes or promises personal monies to the candidate's campaign.

4. Removes the notice requirement and civil penalty for failure to notify if a candidate contributes or promises personal monies to the candidate's campaign.

5. Specifies the use of a candidate's personal monies, or the use of personal monies by an individual who designates an exploratory committee, is not subject to contribution limitations.

6. Clarifies that a public officer who completes his term of office in January is exempt from filing a financial disclosure statement for the calendar year in which the term of office is completed, except if the public officer serves a subsequent term of office in that calendar year.

7. Clarifies that a public officer who is elected in the calendar year before the public officer takes office is exempt from filing a financial disclosure statement for the calendar year in which is he is elected, except if the public officer was serving in some other public office in the calendar year of his election.

8. Allows the Secretary of State to refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested for an unlawful, illegitimate, false or fraudulent purpose or is being requested or submitted in bad faith or for the purpose of harassing or defrauding a person or entity.

9. Expands the available information to include the $500 threshold exemption statement.

10. Requires, if a member of the public requests, the Secretary of State and the county, city and town clerks to provide a copy in pamphlet form.

11. Contains a Prop. 105 clause.

12. Makes technical and conforming changes.[3]

See also

References

  1. Arizona State Legislature, SB 1091 (2009), accessed February 23, 2014
  2. National Conference of State Legislatures Initiative and Referendum database, accessed February 23, 2014
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.