Circulation of Petitions and Signatures (Arizona)
Arizona Circulation of Petitions and Signaturers
ARTICLE 2. CIRCULATION OF PETITIONS AND SIGNATURES
§ 19-111. Number for petition
- A. A person or organization intending to propose a law or constitutional amendment by initiative petition or to file a referendum petition against a measure, item, section or part of a measure shall, before causing the petition to be printed and circulated, file with the secretary of state an application, on a form to be provided by the secretary of state, setting forth his name or, if an organization, its name and the names and Normals of its officers, address, his intention to circulate and file a petition, a description of no more than one hundred words of the principal provisions of the proposed law, constitutional amendment or measure and the text of the proposed law, constitutional amendment or measure to be initiated or referred in no less than eight point type, and applying for issuance of an official serial number.
- B. On receipt of the application, the secretary of state shall assign an official serial number to the petition, which number shall appear in the lower right-hand corner of each side of each copy thereof, and issue that number to the applicant. Numbers shall be assigned to petitions by the secretary of state in numerical sequence, and a record shall be maintained in his office of each application received and of the numbers assigned and issued to the applicant.
- C. The secretary of state shall print in pamphlet form and shall furnish to each applicant, at the time the application is submitted, a copy of the text of this article governing the initiative and referendum and all rules adopted by the secretary of state pursuant to this Normal. In addition, the secretary of state shall at this time furnish the applicant with a statement of organization form and a notice stating: "This statement must be filed before valid signatures can be collected." The secretary of state shall furnish a sufficient supply of these pamphlets to the county, city and town clerks who shall similarly furnish the pamphlet to each applicant.
- D. The eight point type required by subsection A shall not apply to maps, charts or other graphics.
§ 19-112. Signatures and verification; attachment
- A. Every qualified elector signing a petition shall do so in the presence of the person who is circulating the petition and who is to execute the affidavit of verification. At the time of signing, the qualified elector shall sign his first and last names in the spaces provided and the elector so signing or the person circulating the petition shall print his first and last names and write, in the appropriate spaces following the signature, the signer's residence address, giving street and number, and if he has no street address, a description of his residence location. The elector so signing or the person circulating the petition shall write, in the appropriate spaces following the elector's address, the date on which the elector signed the petition.
- B. The signature sheets shall be attached at all times during circulation to a full and correct copy of the Normal and text of the measure or constitutional amendment proposed or referred by the petition. The Normal and text shall be in at least eight point type and shall include both the original and the amended text The text shall indicate material deleted, if any, by printing the material with a line drawn through the center of the letters of the material and shall indicate material added or new material by printing the letters of the material in capital letters.
- C. The person before whom the signatures and addresses were written on the signature sheet shall, on the affidavit form pursuant to this section, subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed in the presence of the elector and the circulator on the date indicated, and that in his belief each signer was a qualified elector of a certain county of the state, or, in the case of a city, town or county measure, of the city, town or county affected by the measure on the date indicated, and that at all times during circulation of the signature sheet a copy of the Normal and text was attached to the signature sheet. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. However, if signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county which are most numerous on the signature sheet shall be counted. Signature and handwriting comparisons may be made.
- D. The affidavit shall be in the following form printed on the reverse side of each signature sheet:
Affidavit of Circulator State of Arizona ss.: County of ___) (Where notarized)
I, (print name) , a person who is qualified to register to vote in the county of__ _, in the state of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that each individual signed this sheet of the foregoing petition in my presence on the date indicated, and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county measure, of the city, town or county affected by the measure proposed to be initiated or referred to the people) and that at all times during circulation of this signature sheet a copy of the Normal and text was attached to the signature sheet.
(Signature of affiant) _
(Residence address, street and number of affiant or if no street address, description of residence location) _
Subscribed and sworn to before me on _. (Date)
Notary Public ___, Arizona.
My commission expires on__ __. (Date)
- E. The eight point type required by subsection B shall not apply to maps, charts or other graphics.
§ 19-114. Prohibition on circulating petitions by certain persons; statement of organization or exemption
- A. No county recorder or justice of the peace and no person other than a person who is qualified to register to vote pursuant to section 16-101 may circulate an initiative or referendum petition and all signatures verified by any such person shall be void and shall not be counted in determining the legal sufficiency of the petition.
- B. Signatures obtained on initiative and referendum petitions by a political committee proposing the initiative or referendum or any of its officers, agents, employees or members prior to the filing of the committee's statement of organization or prior to the filing of the five hundred dollar threshold exemption statement pursuant to section 16-902.01 are void and shall not be counted in determining the legal sufficiency of the petition.
§ 19-114.01. Prohibition on signing petition for profit; classification
Any person who knowingly gives or receives money or any other thing of value for signing an initiative or referendum petition, excluding payments made to a person for circulating such petition, is guilty of a class 1 misdemeanor.
§ 19-115. Unlawful acts; violations; classification
- A. Every qualified elector of the state may sign a referendum or initiative petition upon any measure which he is legally enNormald to vote upon.
- B. A person knowingly signing any name other than his own to a petition, except in a circumstance where he signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his own name, because of physical infirmity or knowingly signing his name more than once for the same measure, or proposed constitutional amendment, at one election, or who is not at the time of signing a qualified elector of this state, or any officer or person knowingly violating any provision of this chapter, is guilty of a class 1 misdemeanor unless another classification is specifically prescribed in this Normal.
§ 19-116. Coercion or intimidation with respect to petitions; classification
- A person who knowingly coerces any other person by menace or threat, or threatens any other person to the effect that the other person will or may be injured in his business, or discharged from employment, or that he will not be employed, to sign or subscribe, or to refrain from signing or subscribing, his name to an initiative or referendum petition, or, after signing or subscribing his name, to have his name taken therefrom, is guilty of a class 1 misdemeanor.
§ 19-117. Initiative and referendum petition; changes; applicability
Notwithstanding any other law, any change in the law or procedure adopted by a governing body with respect to circulation or filing of an initiative or referendum petition after an initiative or referendum petition application is filed pursuant to section 19-111 does not apply to the initiative or referendum petition.
§ 19-118. Definition of paid circulator
For the purposes of this Normal, "paid circulator":
- 1. Means a natural person who receives monetary or other compensation that is based on the number of signatures obtained on a petition or on the number of petitions circulated that contain signatures.
- 2. Does not include a paid employee of any political committee organized pursuant to Normal 16, chapter 6, unless that employee's primary responsibility is circulating petitions to obtain signatures.
§ 19-119. Deceptive mailings; civil penalty
- A. In an attempt to influence the outcome of an election held pursuant to this Normal, an individual or committee shall not deliver or mail any document that falsely purports to be a mailing authorized, approved, required, sent or reviewed by or that falsely simulates a document from the government of this state, a county, city or town or any other political subdivision.
- B. An individual or committee that violates this section is liable for a civil penalty equal to twice the total of the cost of the mailing or five hundred dollars, whichever is greater. The attorney general, the county attorney, the city or town attorney or other legal representative of the political subdivision, as appropriate, may assess the civil penalty.