Bill Text: AZ SB1260 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Elections; ballot measure petitions; amendments
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-04-02 - House majority caucus: Do pass [SB1260 Detail]
Download: Arizona-2013-SB1260-Introduced.html
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REFERENCE TITLE: elections; ballot measure petitions; amendments |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1260 |
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Introduced by Senators Reagan, Driggs
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AN ACT
amending sections 19-111, 19-114, 19-121.01, 19-122 and 19-143, Arizona Revised Statutes; relating to initiative and referendum.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 19-111, Arizona Revised Statutes, is amended to read:
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, before causing the petition to be printed and circulated, shall file with the secretary of state an application, on a form to be provided by the secretary of state, setting forth his the person's name or, if an organization, its name and the names and titles of its officers, the person's address, his the person's or organization's 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. At the same time as Before the person or organization files its application, the person or organization shall file with the secretary of state its statement of organization or its signed exemption statement as prescribed by section 16‑902.01. The secretary of state shall not accept an application for initiative or referendum without an accompanying until after receiving the statement of organization or signed exemption statement as prescribed by this subsection.
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. The secretary of state shall assign numbers shall be assigned to petitions by the secretary of state in numerical sequence, and a record shall be maintained in his the secretary of state's office of each application received and of the numbers assigned and issued to the applicant. The secretary of state shall provide the official serial number to the applicant on a stamped copy of the application along with the specific number that is the minimum number of signatures required for the initiative or referendum to appear on the ballot and the required filing date for a petition to appear on the ballot.
C. The secretary of state shall make available to each applicant by electronic means 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 title. In addition, the secretary of state shall provide the applicant by electronic means the ability to file a statement of organization or five hundred dollar threshold exemption statement and a notice stating: "This statement must be filed before valid signatures can be collected." The secretary of state shall make available by electronic means 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 title to the county, city and town clerks who shall similarly furnish a copy to each applicant by electronic means. If a member of the public so requests, the secretary of state and the county, city and town clerks shall provide a copy in pamphlet form.
D. The eight point type required by subsection A of this section shall not apply to maps, charts or other graphics.
Sec. 2. Section 19-114, Arizona Revised Statutes, is amended to read:
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 before 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 before receipt of an official serial number pursuant to section 19-111 are void and shall not be counted in determining the legal sufficiency of the petition.
Sec. 3. Section 19-121.01, Arizona Revised Statutes, is amended to read:
19-121.01. Secretary of state; removal of petition and ineligible signatures; facsimile sheets; random sample
A. Within twenty days, excluding Saturdays, Sundays and other legal holidays, of the date of filing of an initiative or referendum petition and issuance of the receipt, the secretary of state shall:
1. Remove the following:
(a) Those sheets not attached to a copy of the title and text of the measure.
(b) The copy of the title and text from the remaining petition sheets.
(c) Those sheets not bearing the petition serial number in the lower right‑hand corner of each side.
(d) Those sheets containing a circulator's affidavit that is not completed or signed.
(e) Those sheets on which the affidavit of the circulator is not notarized, the notary's signature is missing, the notary's commission has expired or the notary's seal is not affixed.
(f) Those sheets on which the signatures of the circulator or the notary are dated earlier than the dates on which the electors signed the face of the petition sheet.
(g) Beginning after November 2, 2010, Those sheets that are circulated by a circulator who is prohibited from participating in any election, initiative, referendum or recall campaign pursuant to section 19-119.01.
2. After completing the steps in paragraph 1 of this subsection, review each sheet to determine the county of the majority of the signers and shall:
(a) Place a three or four letter abbreviation designating that county in the upper right‑hand corner of the face of the petition.
(b) Remove all signatures of those not in the county of the majority on each sheet by marking an "SS" in red ink in the margin to the right of the signature line.
(c) Cause all signature sheets to be grouped together by county of registration of the majority of those signing and attach them to one or more copies of the title and text of the measure. If the sheets are too bulky for convenient grouping by the secretary of state in one volume by county, they may be bound in two or more volumes with those in each volume attached to a single printed copy of the measure. The remaining detached copies of the title and text of the measure shall be delivered to the applicant.
3. After completing the steps in paragraph 2 of this subsection, remove the following signatures that are not eligible for verification by marking an "SS" in red ink in the margin to the right of the signature line:
(a) If the signature of the qualified elector is missing.
(b) If the residence address or the description of residence location is missing.
(c) If the date on which the petitioner signed is missing.
(d) Signatures in excess of the fifteen signatures permitted per petition.
(e) Signatures withdrawn pursuant to section 19‑113.
(f) Beginning after November 2, 2010, Signatures for which the secretary of state determines that the petition circulator has printed the elector's first and last names or other information in violation of section 19-112.
4. After the removal of petition sheets and signatures, count the number of signatures for verification on the remaining petition sheets and note that number in the upper right‑hand corner of the face of each petition sheet immediately above the county designation.
5. Number the remaining petition sheets that were not previously removed and that contain signatures eligible for verification in consecutive order on the front side of each petition sheet in the upper left‑hand corner.
6. Count all remaining petition sheets and signatures not previously removed and issue a receipt to the applicant of this total number eligible for verification.
7. Not remove or otherwise refuse to accept for filing a petition sheet for any reason other than those prescribed by this subsection.
B. If the total number of signatures for verification as determined pursuant to subsection A, paragraph 6 of this section equals or exceeds the constitutional minimum, the secretary of state, during the same twenty day period provided in subsection A of this section, shall select, at random, five per cent of the total signatures eligible for verification by the county recorders of the counties in which the persons signing the petition claim to be qualified electors. The random sample of signatures to be verified shall be drawn in such a manner that every signature eligible for verification has an equal chance of being included in the sample. The random sample produced shall identify each signature selected by petition page and line number. The signatures selected shall be marked according to the following procedure:
1. Using red ink, mark the selected signature by circling the line number and drawing a line from the base of the circle extending into the left margin.
2. If a signature line selected for the random sample is found to be blank or was removed from the verification process pursuant to subsection A of this section and is marked with an "SS", then the next line down, even if that requires going to the next petition sheet in sequence, on which an eligible signature appears shall be selected as a substitute if that line has not already been selected for the random sample. If the next eligible line is already being used in the random sample, the secretary of state shall proceed back up the page from the signature line originally selected for the random sample to the next previous signature line eligible for verification. If that line is already being used in the random sample, the secretary of state shall continue moving down the page or to the next page from the line originally selected for the random sample and shall select the next eligible signature as its substitute for the random sample. The secretary of state shall use this process of alternately moving forward and backward until a signature eligible for verification and not already included in the random sample can be selected and substituted.
C. After the selection of the random sample and the marking of the signatures selected on the original petition sheets pursuant to subsection B of this section, the secretary of state shall reproduce a facsimile of the front of each signature sheet on which a signature included in the random sample appears. The secretary of state shall clearly identify those signatures marked for verification by color highlighting or other similar method and shall transmit by personal delivery or certified mail to each county recorder a facsimile sheet of each signature sheet on which a signature appears of any individual who claims to be a qualified elector of that county and whose signature was selected for verification as part of the random sample.
D. The secretary of state shall retain in custody all signature sheets removed pursuant to this section except as otherwise prescribed in this title.
Sec. 4. Section 19-122, Arizona Revised Statutes, is amended to read:
19-122. Refusal of secretary of state to file petition or transmit facsimiles of signature sheets or affidavits of circulators; writ of mandamus; venue
A. If pursuant to section 19-121.01 the secretary of state refuses to accept and file a petition for the initiative or referendum, or proposal for a constitutional amendment that has been presented within the time prescribed, or if the secretary of state refuses to transmit the facsimiles of a signature sheet or sheets or affidavits of circulators to the county recorders for certification under section 19‑121.01, the secretary of state shall provide the person who submitted the petition, proposal, signature sheet or affidavit with a written statement of the reason for the refusal. Within five calendar days after the refusal any 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. The county attorney or attorney general may apply, within five calendar days after the complaint is made, 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. The action shall be advanced on the calendar and heard and decided by the court as soon as possible. Either party may appeal to the supreme court within five calendar days after judgment. If the court finds that the petition is legally sufficient, the secretary of state shall then file it, with a certified copy of the judgment attached as of the date on which it was originally offered for filing in the secretary of state's office.
B. The most current version of the general county register statewide voter registration database at the time of filing a court action challenging an initiative or referendum petition shall constitute the official record to be used to determine on a prima facie basis by the challenger that the signer of a petition was not registered to vote at the address given on the date of signing the petition. If the address of the signer given on the date of signing the petition is different from that on the most current version of the general county register, the county recorder shall examine the version of the general county register that was current on the date the signer signed the petition to determine the validity of the signature and to determine whether the person was eligible to sign the petition at the time of signing. This subsection does not preclude introducing into evidence a certified copy of the affidavit of registration of any signer dated prior to the signing of the petition if the affidavit is in the possession of the county recorder but has not yet been filed in the general county register.
C. Notwithstanding section 19‑121.04, if any petition filed is not legally sufficient, the court, in an action brought by any citizen, may enjoin the secretary of state or other officers from certifying or printing on the official ballot for the ensuing election the amendment or measure proposed or referred. The action shall be advanced on the calendar and heard and decided by the court as soon as possible. Either party may appeal to the supreme court within five days after judgment.
D. The superior court in Maricopa county shall have jurisdiction of actions relating to measures and amendments to be submitted to the electors of the state at large. With respect to actions relating to local and special measures, the superior court in the county, or in one of the counties, in which the measures are to be voted on shall have jurisdiction.
Sec. 5. Section 19-143, Arizona Revised Statutes, is amended to read:
19-143. Initiative petition in cities; action of council; amendment of charter
A. The whole number of votes cast at the city citywide or town townwide election at which a mayor or councilman was chosen last preceding the submission of the application for an initiative petition is the basis for computing the number of qualified electors of the city or town required to sign the petition unless the city or town by charter or ordinance provides an alternative basis for computing the number of necessary signatures. For the purposes of this section, a citywide or townwide election is an election at which all of the qualified electors of a city or town who are eligible to vote are voting for the office of mayor, or, if the mayor is not directly elected by the qualified electors of that city or town, are voting for members of the city or town council.
B. If an ordinance, charter or amendment to the charter of a city or town is proposed by initiative petition, it shall be filed with the city or town clerk, who shall submit it to the voters of the city or town at the next ensuing election. The council may enact the ordinance or amendment and refer it to the people or it may enact the ordinance or amendment without referring it to the people, and in that case it is subject to referendum petition as other ordinances. The mayor shall not have power to veto either of such measures.
C. Amendments to a city or town charter may be proposed and submitted to the people by the council, with or without an initiative petition, but they shall be filed with the clerk for submission not less than sixty days before the election at which they are to be voted upon on, and no amendment of a charter shall be effective until it is approved by a majority of the votes cast thereon by the people of the city or town to which it applies. The council may by ordinance order special elections to vote on municipal measures. END_STATUTE
