Bill Text: AZ HB2304 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Resign to run; repeal; statute
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Introduced - Dead) 2010-01-26 - Referred to House JUD Committee [HB2304 Detail]
Download: Arizona-2010-HB2304-Introduced.html
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REFERENCE TITLE: resign to run; repeal; statute |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2304 |
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Introduced by Representatives Crump, Chabin: Antenori, Boone, Hendrix, Jones, Kavanagh, Montenegro, Seel, Stevens
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AN ACT
amending sections 16-903 and 38-291, Arizona Revised Statutes; repealing section 38-296, Arizona Revised Statutes; relating to vacancy in office; providing for conditional enactment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-903, Arizona Revised Statutes, is amended to read:
16-903. Candidate's campaign committees; exploratory committees; designation; candidate as agent; civil penalty
A. Each candidate who intends to receive contributions or make expenditures of more than five hundred dollars in connection with a campaign for office shall designate in writing a political committee for each election to serve as the candidate's campaign committee. The candidate shall make the designation pursuant to this subsection by filing a statement of organization before making any expenditures, accepting any contributions, distributing any campaign literature or circulating any petitions. Each candidate who intends to receive contributions or make expenditures of five hundred dollars or less shall file a signed exemption statement that states that intention before making any expenditures, accepting any contributions, distributing any campaign literature or circulating petitions. If a candidate who has filed a five hundred dollar exemption statement receives contributions or makes expenditures of more than five hundred dollars, that candidate shall file a statement of organization with the filing officer within five business days after exceeding the five hundred dollar limit.
B. An individual who receives contributions or makes expenditures of more than five hundred dollars for the purpose of determining whether the individual will become a candidate for election to an office in this state shall designate in writing a political committee to serve as the individual's exploratory committee. The individual shall make the designation pursuant to this subsection before making any expenditures, accepting any contributions or distributing any campaign literature.
C. An individual may have only one exploratory committee in existence at one time. A candidate may have only one campaign committee designated for each election, but a candidate may have more than one campaign committee simultaneously in existence.
D. A political committee that supports or has supported another candidate or more than one candidate may not be designated as a candidate's campaign committee.
E. Any candidate who receives a contribution or any loan for use in connection with the campaign of that candidate for election or who makes a disbursement in connection with that campaign shall be deemed as having received the contribution or loan or as having made the disbursement as an agent of the candidate's campaign committee for purposes of this article.
F. An elected official is not deemed to have offered himself for nomination or election to an office or to have made a formal, public declaration of candidacy within the meaning of section 38‑296 solely by his designation of a candidate campaign committee.
G. F. A person who violates this section is subject to a civil penalty imposed as prescribed in section 16‑924 of up to three times the amount of money that has been received, expended or promised in violation of this section or up to three times the value in money for an equivalent of money or other things of value that have been received, expended or promised in violation of this section.
Sec. 2. Section 38-291, Arizona Revised Statutes, is amended to read:
38-291. Vacancy defined
An office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office:
1. Death of the person holding the office.
2. Insanity of the person holding the office, when judicially determined.
3. Resignation of the person holding the office and the lawful acceptance of the resignation.
4. Removal from office of the person holding the office.
5. If the office is elective, the person holding the office ceasing to be a resident of the state, or, if the office is local, or from a legislative or congressional district, the person holding the office ceasing to be a resident of the district, county, city, town or precinct for which he was elected, or within which the duties of his office are required to be discharged.
6. Absence from the state by the person holding the office, without permission of the legislature, beyond the period of three consecutive months.
7. The person holding the office ceasing to discharge the duties of office for the period of three consecutive months.
8. Conviction of the person holding the office of a felony or an offense involving a violation of his official duties.
9. Failure of the person elected or appointed to such office to file his official oath within the time prescribed by law.
10. A decision of a competent tribunal declaring void the election or appointment of the person elected or appointed to the office.
11. Failure of a person to be elected or appointed to the office.
12. A violation of section 38‑296 by the person holding the office.
Sec. 3. Repeal
Section 38-296, Arizona Revised Statutes, is repealed.
Sec. 4. Conditional enactment
This act does not become effective unless the Constitution of Arizona is amended by vote of the people at the next general election to repeal article XXII, section 18, Constitution of Arizona, relating to the nomination of incumbent public officers to other offices.
