Arizona House Bill 2304 (2011)

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Arizona House Bill 2304(2011)
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Legislature:Arizona State Legislature
Text:As Chaptered
Sponsor(s):Rep. Javan Mesnard (R-21), Rep. Jeff Dial (R-20) and Sen.Steve Gallardo (D-13)
Legislative History
Governor:Jan Brewer (R)
Signed:April 29, 2011
Legal Environment
State law:Laws governing the initiative
process in Arizona
Impact on initiative rights
Citizens in Charge Foundation#Legislation ratingsCICF rating:
Reduces Access
Citizens in Charge Foundation#Legislation ratings
Arizona House Bill 2304 is a 2011 Arizona law that altered the state's requirements for petition circulators, eased third-party primary access, and clarified laws regarding wearing political apparel at polling places. With respect to initiatives, the law repealed the state's unconstitutional circulator residency requirement. However, it replaced this requirement with a requirement that out-of-state circulators register with the state.[1] Gov. Jan Brewer signed HB 2304 into law on April 29, 2011.

Provisions

According to a Senate Fact Sheet on this bill, it has the following provisions:[2]

Out-of-State Petition Circulators; Registration with SOS

1. Requires circulators who are not Arizona residents, but otherwise must be qualified to register to vote in this state, to register as circulators with the SOS before circulating nomination or initiative or referendum petitions.

2. Requires the SOS to provide for a method of receiving service of process for out-of-state petition circulators who register and requires the SOS to establish a procedure for registering circulators and receiving service of process in the Instructions and Procedures Manual.

3. Permits initiative or referendum circulators to print the name and address of a person who is incapable of doing so because of physical infirmity and specifies that knowingly filling out the name and address portion of the petition with the intent to commit fraud is a criminal violation.

Vacancy Caused by Death or Incapacity of Candidate

4. Specifies that a vacancy that occurs following the printing of official ballots will not be filled and requires the SOS to notify the appropriate board of supervisors to post a notice of the death or incapacity of the candidate in each polling place along with notice that any votes cast for that candidate will be tabulated.

Logic & Accuracy Testing

5. Permits the SOS in cooperation with the county election officer, if a county uses accessible voting equipment to mark ballots and that equipment does not independently tabulate or tally votes, to designate a single date to test the logic and accuracy of both the accessible voting equipment and electronic ballot tabulating systems.

Form & Contents of Ballot; Partisan Ballot

6. Requires, printed in parentheses next to the name of each candidate, a three-letter abbreviation that is taken from the three words prescribed in the candidate’s certificate of nomination, rather than a designation not to exceed three words in length.

75 Foot Limit; Electioneering; Electioneering Materials

7. Prohibits electioneering from occurring within the 75 foot limit of a polling place and defines electioneering and electioneering materials.

Request for Early Ballot; Uniformed Absent or Overseas Voter; Protected Information Voter

8. Requires an elections officer to provide to a requesting uniformed absent or overseas voter, or a protected information voter, early ballot materials through the next regularly scheduled election, rather than the next two elections, for federal office unless a different time period is designated by the voter, not to exceed the next two federal elections.

9. Repeals A.R.S. § 16-543.01, which relates to procedures for voting with special write-in early ballots for uniformed absent or overseas voters.

Permanent Early Voting List

10. Permits a permanent early voting list voter to list a mailing address in this state, rather than an address in the voter’s county of residence.

Canvas; Write-in Candidates; Certificate of Nomination

11. Specifies that the same voter intent standard for write-in candidates apply for federal and state races.

12. Requires the SOS to issue to prevailing primary election candidates a letter declaring nomination to the ensuing election as the party nominee, rather than a certification of nomination.

13. Requires the governing body or elections officer in charge of elections for any partisan primary election to prepare and transmit to the SOS, along with the official canvas, the total partisan ballots by party selected by voters who registered as no party preference, as independents or as members of party that is not qualified for ballot representation.

New Party Ballot Representation

14. Entitles a new political party representation as a political party on the official ballot through the next two regularly scheduled general elections for federal office immediately following recognition of the political party.

15. States that after the two regularly scheduled general elections, the new political party is ineligible for further representation unless it qualifies for continued representation or it files a new petition for recognition.

Registration of Political Committees

16. Adds a statement that the chairman and treasurer have read all of the applicable laws relating to campaign finance and reporting to the list of what must be included when filing a statement of organization of a political committee.

Exploratory Committee; Petition Circulation

17. Permits a candidate to lawfully collect signatures on nomination petitions and receive contributions after designating an exploratory committee and requires designation before circulating any petitions.

Independent Expenditures; Literature & Advertisement Sponsors; Identification

18. Permits a disclosure to be made in printed format only and does not require a spoken disclosure for communications broadcast on a telecommunications system or other medium that can provide a viewable disclosure and a spoken disclosure.

Surplus Monies

19. Authorizes a political candidate committee to contribute surplus campaign monies to the individual’s officeholder expense account.

Campaign Finance Reports

20. Specifies, as each business day, the $10 per day late penalty liability for failure to make or file a required campaign finance report.

Campaign Contributions

21. Permits a corporation, limited liability company or labor organization to contribute to an independent expenditure committee.

Ballot Measure Petition Signatures

22. Establishes a 100 percent threshold for the projected random sample petition signature requirements for ballot measure qualification and eliminates the current range based calculation. Financial Disclosure Statement

23. Permits a public officer whose final term expires less than 31 days into the immediately following calendar year to file the final financial disclosure at the same time as the disclosure for the last immediately preceding year.

Session Law; Scanned Ballot Election Auditing Pilot Program

24. Permits the SOS, in cooperation with one or more county boards of supervisors or other political subdivisions, to establish a Scanned Ballot Election Auditing Pilot Program. Permits the pilot program to include analytical assistance from one or more of the universities under the direction of the Arizona Board of Regents.

25. Requires a county treasurer, upon request, to release ballots to the custody of the SOS for pilot program purpose.

26. Permits the pilot program, on approval of a governing body, to be used to audit the results of a live election for a special taxing district or for another local election. Exempts ballots and software used in the pilot program from public records law.

27. Requires the SOS, in cooperation with one or more county boards of supervisors, to solicit proposals for an auditing pilot program for entities with ballot scanning capabilities.

28. Exempts the proposals from the procurement code.

29. Requires the SOS to solicit at least three proposals.

30. Permits the SOS to coordinate and work with election officials in other jurisdictions if a federal program or project on scanned ballots audit procedures is established.

31. Requires the SOS to prepare and publish a report on the pilot program results by December 31, 2014.

32. Repeals the Scanned Ballot Election Auditing Pilot Program on March 20, 2015.

Session Law; SOS; Multijurisdictional Database

33. Permits the SOS to enter into one or more agreements with other states for the purpose of establishing and maintaining a multijurisdictional database of voter registrants.

34. Details database purpose, database security requirements and database information restrictions.

35. Repeals the multijurisdictional database provisions on September 1, 2015.[3]

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