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Arizona Proposition 211, Campaign Finance Sources Disclosure Initiative (2022)
Arizona Proposition 211 | |
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Election date November 8, 2022 | |
Topic Campaign finance and Elections and campaigns | |
Status![]() | |
Type State statute | Origin Citizens |
Arizona Proposition 211, the Campaign Finance Sources Disclosure Initiative, was on the ballot in Arizona as an initiated state statute on November 8, 2022. The measure was approved.
A "yes" vote supported requiring that persons or entities that make an independent expenditure of $50,000 or more on a statewide campaign or $25,000 or more on a local campaign must disclose the names of the money's original sources, defined as the persons or businesses that earned the money being spent. |
A "no" vote opposed requiring that persons or entities that make an independent expenditure of $50,000 or more on a statewide campaign or $25,000 or more on a local campaign must disclose the names of the money's original sources. |
Election results
Arizona Proposition 211 |
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Result | Votes | Percentage | ||
1,736,496 | 72.34% | |||
No | 664,111 | 27.66% |
Overview
How did Proposition 211 change campaign finance laws in Arizona?
- See also: Measure design
Proposition 211 requires that anyone making independent expenditures of more than $50,000 on a statewide campaign or $25,000 on a local campaign to disclose the names of the money's original sources, which would be defined as the persons or businesses that earned the money being spent. It requires disclosure reports and transfer records to be made by any covered person (someone who spends a total of $50,000 or more in campaign spending in statewide campaigns or a person who spends $25,000 or more in another campaign), as well as requiring transfer reports to be made by donors who contribute $5,000 or more to a covered person. It prohibits structured transactions.[1]
Who were the campaigns behind the initiative?
- See also: Support and opposition
The Voters' Right To Know PAC was registered to support the ballot initiative.[2] The committee received $1.39 million in contributions, and spent $1.32 million.[3]
What were the arguments for and against the initiative?
- See also: Arguments
The Stop Dark Money campaign, which was paid for by the Voters Right to Know PAC, said that voters should be able to see certain donors who were contributing to campaigns that were not required to be disclosed. “Under current Arizona law, a few dark money power brokers get special treatment, the rules that all the rest of us must follow don’t apply to them. These well-funded organizations and individuals exert a major influence in elections by spending money on advertisements and promotions supporting their candidate or ballot proposition. This 'Dark Money' spending is frequently used to bombard the voters with negative ads, misleading information, and even outright lies,” the campaign said.[4] Former Arizona Governor John Fife Symington III (R) endorsed the measure, and said that Arizonans “have a right to know who is participating in our elections.”[5]
The Arizona Free Enterprise Club said that the initiative would violate the First Amendment right to free speech, and would be a mechanism for certain donors to be targeted. “The Voters’ Right to Know Act is another attempt to silence free speech—and to target, harass, and dox private citizens,” the organization said.[6]
How did the initiative get on the ballot?
- See also: Path to the ballot
In Arizona, for a citizen-initiated state statute to qualify for the ballot, the amount of signatures a measure needs is equal to 10 percent of the votes cast for the office of governor in the most recent gubernatorial election. In 2022, this meant 237,645 valid signatures were required to put the initiative on the ballot.
The Voters Right to Know organization filed the ballot initiative on March 19, 2022, and submitted 393,490 signatures on July 7, 2022. Signatures were verified by a random sampling process, in which 5% of the signatures filed were sampled. On August 26, 2022, the secretary of state found that 285,144 signatures were found valid after county review, qualifying the measure for the ballot. A total of $1,220,000 was spent to collect the 237,645 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $5.13.
Measure design
Click on the arrows (▼) below for summaries of the different provisions of the constitutional amendment.
Transfer records: Regarding the transfer records that must be made by covered persons
A covered person—someone who spends a total of $50,000 or more in campaign spending in statewide campaigns or a person who spends $25,000 or more in another campaign—must maintain transfer records before they can use or transfer the donor’s funds for campaign spending.
A donor must be notified that their contributions may be used for campaign spending and that this information may have to be reported to the appropriate government authority for exposure to the public.
A donor may opt out of having their contributions used for campaign spending by notifying the covered person within 21 days. The covered person cannot use the donor’s contributions until 21 days after the written notice is provided to the donor, or whenever they receive the donor’s written permission.
A donor who contributes $5,000 or more in an election cycle to a covered person must inform the person of: the identity of the person who contributed $2,500 or more in original funds being transferred; the amount of that person’s original funds being transferred; and any people who have previously transferred the original funds. If more than one transfer has previously occurred, the donor must disclose all previous transfers and intermediaries. This information must be provided by the donor within 10 days of receiving the written request by the covered person. These records must be maintained for five years and be provided on request to the Arizona Citizens Clean Elections Commission.
Disclosure reports: Regarding the disclosure reports that must be made by covered persons
Disclosure reports must be filed by a covered person (someone who spends a total of $50,000 or more in campaign spending in statewide campaigns or a person who spends $25,000 or more in another campaign) within five days of spending or accepting in-kind contributions totaling $50,000 or more.
The report must include the name of the person who controls the funds, the identity of any entity established or controlled or financed by that person, the contact information of the custodian of the transfer records and at least one person who can control how the traceable funds are spent, the total amount of traceable funds owned or controlled by the covered person, each donor who has contributed more than $5,000 of funds or in-kind contributions during the election cycle, and the identities of any intermediaries, as well as the information of any person who has received $1,000 from the covered person during the election cycle.
Subsequent reports must also be made within three days if the covered person spends another $25,000 during statewide campaigns or $15,000 for any other type of campaign.
All disclosure reports will be made electronically available to the secretary of state.
The identity of sources who are protected from disclosure by law, court order, or at shall not be disclosed.
Citizens’ Clean Elections Commission: Providing the commission the enforcement of provisions in this act
The Citizens’ Clean Elections Commission is the primary agency authorized to implement and enforce the act. This includes enforcing rules and regulations, penalties, conducting investigations, and establishing what campaign finance or donor records must be maintained.
Any order from the commission must be treated as an order from a superior court. If the commission imposes a penalty on a person and that person does not timely seek judicial review, the commission may file a report of the fine to a superior court.
The commission may establish disclaimer requirements regarding public communications for a covered person (someone who spends a total of $50,000 or more in campaign spending in statewide campaigns or a person who spends $25,000 or more in another campaign). At minimum, these disclaimers will display the names of the top three donors who made the three largest contributions to the covered person during the election cycle. If this is not possible, such as by using a social media message or text message, this disclaimer must be provided easily and immediately for viewers to obtain.
Citizens Enforcement Action: Providing citizens the ability to file a complaint against those who violate the act
Any Arizona citizen may file a complaint with the Citizens’ Clean Elections Commission regarding any person violating any section of this act. If the commission dismisses the complaint or does not take legal action within 90 days, the citizen may bring a civil action against the commission.
Structured transactions: Prohibits structured transactions
Structuring (the act of breaking up financial transactions to avoid reporting requirements) any contribution, expenditure, disbursement, or other transaction under this act is prohibited.
More stringent action: Provides for more stringent action to be made by a governing body
The legislature, a county board of supervisors, or a municipal government is allowed to enact more stringent disclosure provisions than those contained in the act.
Text of measure
Ballot title
The official ballot title was as follows:[1]
“ |
Amending Title 16, Arizona revised statutes by adding Chapter 6.1; relating to the disclosure of the original source of monies used for campaign media spending. Descriptive Title The law would require entities and persons spending over $50,000 on statewide campaigns or $25,000 on other campaigns, not including personal monies and business income, to disclose the original donor of contributions over $5,000; and create additional reporting and enforcement provisions. [7] |
” |
Ballot summary
The official ballot summary was as follows:[1]
“ | A “YES” vote shall have the effect of requiring additional disclosures and reporting by entities and persons whose campaign media spending and/or in-kind contributions for campaign media spending exceeds $50,000 in statewide campaigns or $25,000 in other campaigns, including identifying original donors of contributions of more than $5,000 in aggregate; creating penalties for violations of the law; and allowing the Citizens Clean Elections Commission to adopt rules and enforce the provisions of the law.
A “NO” vote shall have the effect of retaining existing law on campaign finance reporting requirements. [7] |
” |
Full text
The full text of the ballot initiative is below:[1]
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 13, and the FRE is 23. The word count for the ballot title is 85.
The FKGL for the ballot summary is grade level 18, and the FRE is 23. The word count for the ballot summary is 89.
Support
The Voters' Right To Know PAC was leading the campaign in support of the ballot initiative.[2]
Supporters
Officials
Political Parties
Organizations
Arguments
Opposition
Opponents
Political Parties
Organizations
- Americans for Prosperity
- Americans for Tax Reform
- Arizona Free Enterprise Club
- Center for Arizona Policy
- Goldwater Institute
Arguments
Campaign finance
The Voters' Right To Know PAC was registered to support the ballot initiative. The committee received $1.5 million and spent $1.5 million.[3]
Ballotpedia did not locate political action committees opposing the ballot measure. You can share information about ballot measure committees, along with source links for this information, with us at editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $1,549,696.01 | $9,066.00 | $1,558,762.01 | $1,496,522.97 | $1,505,588.97 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $1,549,696.01 | $9,066.00 | $1,558,762.01 | $1,496,522.97 | $1,505,588.97 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.[3]
Committees in support of Proposition 211 | |||||
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Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Voters' Right To Know | $1,549,696.01 | $9,066.00 | $1,558,762.01 | $1,496,522.97 | $1,505,588.97 |
Total | $1,549,696.01 | $9,066.00 | $1,558,762.01 | $1,496,522.97 | $1,505,588.97 |
Donors
The following were the top donors who contributed to the support committees.[3]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
David Tedesco | $818,000.00 | $0.00 | $818,000.00 |
Voters' Right to Know PAC | $138,500.00 | $0.00 | $138,500.00 |
Robert Bertrand | $135,010.00 | $0.00 | $135,010.00 |
David Higgins | $65,000.00 | $0.00 | $65,000.00 |
Ernest Garcia II | $50,000.00 | $0.00 | $50,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Campaign finance requirements in Arizona
- See also: Campaign finance requirements in Arizona
Candidates in Arizona file campaign finance reports with the Arizona Secretary of State through an online system. Before a candidate may file campaign finance reports, he or she must form a candidate committee. Campaign finance reports must cover all financial transactions related to the campaign beginning the day the candidate committee files the Statement of Organization and continuing until the day the candidate committee files a Termination Statement.
While contribution limits exist in races for gubernatorial elections, or for the State Senate and House of Representatives, there are no contribution limits for political committees, political parties, Super PACs, or ballot measures.
Other campaign finance disclosure ballot measures
In Alaska, voters approved Ballot Measure 2 by 50.55%-49.45%, which, along with establishing a ranked-choice voting system, required that donors that contribute more than $2,000 that were themselves derived from donations, contributions, dues, or gifts to disclose the ‘’true sources’’ of the political contributions. The true sources, in the Alaska measure, were defined as persons and entities whose contributions are derived from wages, investment income, inheritance, or revenue from selling goods or services.
On April 7, 2022, several political donors and independent expenditure groups filed a federal lawsuit alleging that certain campaign finance disclosure provisions of Ballot Measure 2 were unconstitutional and violated the First Amendment. The lawsuit challenged the provision requiring persons and entities that make political contributions of more than $2,000 that were themselves derived from donations, contributions, dues, or gifts to disclose the true sources (as defined in law) of the political contributions. It also challenged the provision requiring disclaimers on political communications and ads identifying any out-of-state contributors that funded the communications and ads. On July 14, 2022, a federal judge denied the request to block the campaign finance provisions of Ballot Measure 2.
Campaign and election measures on the ballot 2022
- See also: Elections and campaigns on the ballot
- Alabama Amendment 4, Prohibit Changes to Election Conduct Laws within Six Months of General Elections Amendment (2022)
- Louisiana Amendment 3, Classified Civil Service Employee Public Support of Family Members' Campaigns Measure (2022)
- Kansas Constitutional Amendment 2, County Sheriff Election and Recall Amendment (2022)
- Nevada Question 3, Top-Five Ranked Choice Voting Initiative (2022)
- Arizona Campaign Finance Sources Disclosure Initiative (2022)
- Arizona Proposition 131, Create Office of Lieutenant Governor Amendment (2022)
- Michigan Proposal 2, Voting Policies in Constitution Amendment (2022)
Path to the ballot
Process in Arizona
In Arizona, the number of signatures required to qualify an initiated state statute is equal to 10 percent of the votes cast for the office of governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months. Signature petitions must be submitted four months prior to the election at which the measure is to appear.
The requirements to get initiated state statutes certified for the 2022 ballot:
- Signatures: 237,645 valid signatures were required.
- Deadline: The deadline to submit signatures was July 7, 2022.
If the secretary of state certifies that enough valid signatures were submitted, the initiative is put on the next general election ballot. The secretary of state verifies the signatures through a random sampling of 5 percent of submitted signatures working in collaboration with county recorders. If the random sampling indicates that valid signatures equal to between 95 percent and 105 percent of the required number were submitted, a full check of all signatures is required. If the random sampling shows fewer signatures, the petition fails. If the random sampling shows more, the initiative is certified for the ballot.
Stages of this initiative
- The organization Voter's Right to Know filed the ballot initiative on March 19, 2022.[8]
- On July 7, the Voter's Right to Know campaign submitted 393,490 signatures.[9]
- On August 17, 2022, Maricopa County Superior Court Judge Joseph Mikitish rejected a legal challenge to the measure.[10]
- On August 26, 2022, the secretary of state found that 285,144 signatures were found valid after county review, qualifying the measure for the ballot.[8]
Sponsors of the measure hired Advanced Micro Targeting to collect signatures for the petition to qualify this measure for the ballot. A total of $1,220,000.00 was spent to collect the 237,645 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $5.13.
Leibsohn v. Hobbs
Lawsuit overview | |
Issue: Should each circulator provide a separate affidavit for each petition they are gathering signatures for, and must a registration disclose the circulator's full residential address, including the unit number? | |
Court: Superior Court of Arizona Maricopa County | |
Ruling: The court rejected the challenge by the plaintiffs. The statute does not support the claim that the affidavit must specifically relate to each new initiative. The residential addresses provided by petitioners were sufficient, and while a unit number is required, it is only required if a unit number is necessary to ensure that the individual could be contacted or questioned. | |
Plaintiff(s): Seth Leibsohn, et al. | Defendant(s): Katie Hobbs, et al. |
Plaintiff argument: The secretary of state needs to require petitioners to file separate affidavits for each petition they plan to circulate for. The addresses provided from circulators were not sufficient, and must include a unit number. | Defendant argument: The law does not require a new affidavit for each registration. The statute only requires the circulator's "residence address" and the plaintiffs have not provided proof that the addresses were insufficient so that the circulators could be contacted. |
Source: Leibsohn v. Hobbs ruling
On August 17, 2022, Maricopa County Superior Court Judge Joseph Mikitish rejected a legal challenge to the measure. The lawsuit argued that each petitioner must supply an affidavit for every initiative they plan to gather signatures for, and that the addresses on each registration must also supply the unit number. Judge Mikitish ruled against the claim that each affidavit must specifically relate to each new initiative, and that the unit number on addresses of the registration of petitioners is only necessary to ensure that the individual could be contacted or questioned.[10] The case was appealed to the Arizona Supreme Court. On August 25, 2022, the Arizona Supreme Court rejected the challenge to the initiative.[11]
How to cast a vote
- See also: Voting in Arizona
See below to learn more about current voter registration rules, identification requirements, and poll times in Arizona.
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Arizona Secretary of State, "Initiative 02-2022," March 19, 2022
- ↑ 2.0 2.1 Stop Dark Money, "Homepage," accessed September 8, 2022
- ↑ 3.0 3.1 3.2 3.3 Arizona Secretary of State, "See the Money," accessed August 27, 2022
- ↑ Stop Dark Money, "Why is it so important that we stop dark money in Arizona," accessed September 8, 2022
- ↑ Stop Dark Money, "Endorsement," accessed September 8, 2022
- ↑ Arizona Free Enterprise Club, "A Proposed Ballot Measure That Targets Donor Privacy Is Another Attack on Free Speech," accessed September 8, 2022
- ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 8.0 8.1 Arizona Secretary of State, "Initiative, Referendum and Recall Applications," accessed April 1, 2021
- ↑ AZ Central, "Ballot measures to expand voting access, identify campaign donors and limit medical debt submit signatures," accessed July 7, 2022
- ↑ 10.0 10.1 US News & World Report, "Judges Reject Challenges to 2 Arizona Ballot Initiatives," accessed August 20, 2022
- ↑ AzCentral.com, "2 initiatives on debt protection and dark money qualify for November ballot; 3rd goes into overtime," accessed August 25, 2022
- ↑ Arizona Revised Statutes, "Title 16, Section 565," accessed July 18, 2024
- ↑ Arizona generally observes Mountain Standard Time; however, the Navajo Nation observes daylight saving time. Because of this, Mountain Daylight Time is sometimes observed in Arizona.
- ↑ 14.0 14.1 14.2 Arizona Secretary of State, "Voters," accessed July 18, 2024
- ↑ Arizona Secretary of State, "Arizona Voter Registration Instructions," accessed July 18, 2024
- ↑ Supreme Court of the United States, "No. 24A164," accessed August 22, 2024
- ↑ The Washington Post, "Supreme Court allows Arizona voter-registration law requiring proof of citizenship," August 22, 2024
- ↑ Bloomberg Law, "Supreme Court Partly Restores Voter Proof-of-Citizenship Law ," August 22, 2024
- ↑ Reuters, "US Supreme Court partly revives Arizona's proof of citizenship voter law," August 22, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ ArizonaElections.gov, "What ID Do I Need to Vote Quiz," accessed March 14, 2023
- ↑ Arizona State Legislature, “Arizona Revised Statutes 16-579,” accessed July 19, 2024
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