Bill Text: AZ HCR2037 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Accountability; clean elections for judges.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2010-02-16 - Referred to House JUD Committee [HCR2037 Detail]
Download: Arizona-2010-HCR2037-Introduced.html
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REFERENCE TITLE: accountability; clean elections for judges. |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HCR 2037 |
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Introduced by Representatives Burges, Hendrix, Senator Pearce R: Representatives Gowan, Montenegro, Seel, Senator Allen S
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A CONCURRENT RESOLUTION
proposing amendments to the constitution of arizona and arizona revised statutes; amending article VI, sections 11, 12, 28, 30, 35, 37, 38 and 42, Constitution of arizona; repealing article VI, sections 40 and 41, constitution of arizona; amending sections 12-102, 12-121, 16-311, 16-322, 16-502, 16-916, 16-949, 19-123 and 38-431.08, Arizona Revised Statutes; amending title 16, chapter 6, article 2, Arizona Revised Statutes, by adding section 16-962; amending title 19, chapter 1, article 3, Arizona Revised Statutes, by adding section 19-124.01; relating to the judicial department.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Intent
In 1974, a new system for accountability for judges was instituted in Arizona. Under this selection and retention scheme, voters were supposed to have a meaningful way to remove judges who abused their authority and who refused to follow the law in their decisions.
Now, over thirty years later, it is clear that the current system has failed to provide any accountability for judges. Each election voters are presented with long lists of names of judges and no meaningful information to decide whether to retain a particular judge or remove that judge. Since _____, no judges have been removed from office by the voters.
Clean elections for Judges will institute a democratic system in which the voters will be allowed to choose who will hold the office of superior court judge. Judges who are incompetent or abusive will face a real opponent who will be able to point out the incumbent's misconduct. Funding from fines assessed on criminals will ensure that qualified persons will be able to run for office without the risk of being tainted by campaign contributions from special interests.
A further purpose of clean elections for judges is to ensure that all geographic areas of the county receive equal representation of superior court judges. Under the current scheme, most judges live in only a few geographic areas.
Clean elections for judges restores democracy, accountability and geographic representation to the judiciary.
2. Article VI, sections 11, 12, 28, 30, 35, 37, 38 and 42, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
11. Superior court; presiding judges; duties
Section 11. A. There shall be in each county a presiding judge of the superior court.
B. In each county counties with a population of less than eight hundred thousand persons according to the most recent United States decennial census and in which there are two or more judges, the supreme court shall appoint one of such judges presiding judge.
C. In counties with a population of eight hundred thousand persons or more according to the most recent United States decennial census, the presiding judge shall be elected by the qualified electors of the county to serve a term of six years.
D. Presiding judges shall exercise administrative supervision over the superior court and judges thereof in their counties, and shall have such other duties as may be provided by law or by rules of the supreme court.
12. Superior court; term of office; vacancies and appointments
Section 12. A. Judges of the superior court In counties having with a population of less than two eight hundred fifty thousand persons according to the most recent United States decennial census:
1. Superior court judges shall be elected by the qualified electors of their counties at the general election. They shall hold office for a regular term of four years except as provided by this section from and after the first Monday in January next succeeding their election, and until their successors are elected and qualify. The names of all candidates for judge of the superior court in such counties shall be placed on the regular ballot without partisan or other designation except the division and title of the office.
B. 2. The governor shall fill any vacancy in such counties by appointing a person to serve until the election and qualification of a successor. At the next succeeding general election following the appointment of a person to fill a vacancy, a judge shall be elected to serve for the remainder of the unexpired term.
Judges of the superior court in counties having a population of two hundred fifty thousand persons or more according to the most recent United States census shall hold office for a regular term of four years except as provided by this article.
B. In counties with a population of eight hundred thousand persons or more according to the most recent United States decennial census:
1. Superior court judges shall be elected by the qualified electors of the judicial district in these counties. The boards of supervisors in these counties shall establish judicial districts that consist of substantially equal populations and that are the same as the districts from which members of the boards of supervisors are elected. The number of judges elected from each judicial district shall be as equal as practicable. Superior court judges shall hold office for a regular term of six years except as provided by this section from and after the first Monday in January next succeeding their election, and until their successors are elected and qualify. The ballot shall reflect that there are as many separate offices to be filled as there are judges to be elected. The ballot shall designate each separate office as a separate division of the court.
2. Within sixty days after the occurrence of a vacancy in the office of a superior court judge in such counties, the board of supervisors shall appoint a judge to serve until the next general election, at which time a judge shall be elected and qualified to serve for the remainder of the unexpired term. The appointed judge shall be a member of the same political party as the judge vacating the office. In making the appointment, the board of supervisors shall consider the diversity of the judicial district's population for a superior court appointment. however, the primary consideration is merit.
3. After the effective date of this amendment to this section, the board of supervisors shall assign the judicial terms by lot as follows:
(a) Before January 1, 2012, for superior court judges who were retained in office before the effective date of this amendment to this section and whose terms end in 2013 and for all other candidates for superior court judge whose names are placed on the ballot in 2012, one-third shall be elected for a term of two years, one-third shall be elected for a term of four years and one-third shall be elected for a term of six years. All subsequent superior court judges shall be elected to serve six year terms.
(b) Before January 1, 2014, for superior court judges who were retained in office before the effective date of this amendment to this section and whose terms end in 2015 and for all other candidates for superior court judge whose names are placed on the ballot in 2014, one-third shall be elected for a term of two years, one-third shall be elected for a term of four years and one-third shall be elected for a term of six years, except for judges who were elected for a two year term in 2012. All subsequent superior court judges shall be elected to serve six year terms.
4. Notwithstanding paragraph 1 of this subsection, a presiding judge shall be elected by the qualified electors of each county to serve a term of six years. The presiding judge shall appoint the associate presiding judge and make regular and special assignments of all superior court judges.
28. Justices and judges; dual office holding; political activity; practice of law
Section 28. Justices and judges of courts of record shall not be eligible for any other public office or for any other public employment during their term of office, except that they may assume another judicial office, and upon qualifying therefor, the office formerly held shall become vacant. No justice or judge of any court of record shall practice law during his continuance in office, nor shall he hold any office in a political party or actively take part in any political campaign other than his own for his reelection or retention in office. Any justice or judge who files nomination papers for an elective office, other than for judge of the superior court or a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the most recent United States census, forfeits his judicial office.
30. Courts of record
Section 30. A. The supreme court, the court of appeals and the superior court shall be courts of record. Other courts of record may be established by law, but justice courts shall not be courts of record.
B. All justices and judges of courts of record, except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two hundred fifty thousand persons according to the most recent United States census, shall be appointed in the manner provided in section 37 of this article.
35. Continuance in office; continued existence of offices; application of prior statute and rules
Section 35. A. All justices, judges, justices of the peace and officers of any court who are holding office as such by election or appointment at the time of the adoption of this section or any amendment to this section shall serve or continue in office for the respective terms for which they are so elected or for their respective unexpired terms, and until their successors are elected or appointed and qualify or they are retained in office pursuant to section 38 of this article; provided, however, except that any justice or judge elected at the general election at which this section is adopted shall serve for the term for which he is so elected. The continued existence of any office heretofore legally established or held shall not be abolished or repealed by the adoption of this article. The statutes and rules relating to the authority, jurisdiction, practice and procedure of courts, judicial officers and offices in force at the time of the adoption of this article and not inconsistent herewith, shall, so far as applicable, apply to and govern such courts, judicial officers and offices until amended or repealed.
B. All judges of the superior court holding office by appointment or retention in counties with a population of two hundred fifty thousand persons or more according to the most recent United States census at the time of the adoption of this amendment to this section shall serve or continue in office for the respective terms for which they were appointed. Upon an incumbent vacating the office of judge of the superior court, whether by failing to file a declaration for retention, by rejection by the qualified electors of the county or resignation, the appointment shall be pursuant to section 37 of this article.
37. Judicial vacancies and appointments; initial terms; residence; age
Section 37. A. Within sixty days from the occurrence of a vacancy in the office of a justice of the supreme court or A judge of any an intermediate appellate court of record, except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court, the commission on appellate court appointments, if the vacancy is in the supreme court or an intermediate appellate court of record, shall submit to the governor the names of not less than three persons nominated by it all applicants who are legally qualified to fill such vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event not more than sixty percentum of such nominees shall be members of the same political party. The commission on appellate court appointments shall rank the applicants by merit.
B. Within sixty days from the occurrence of a vacancy in the office of a judge of the superior court or a judge of a court of record inferior to the superior court except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the most recent United States census, the commission on trial court appointments for the county in which the vacancy occurs shall submit to the governor the names of not less than three persons nominated by it to fill such vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event no more than sixty per centum of such nominees shall be members of the same political party. A nominee shall be under sixty-five years of age at the time his name is submitted to the governor. Judges of the superior court shall be subject to retention or rejection by a vote of the qualified electors of the county from which they were appointed at the general election in the manner provided by section 38 of this article.
C. B. A vacancy in the office of a justice of the supreme court or a judge of such courts an intermediate appellate court of record shall be filled by appointment by the governor without regard to political affiliation from one of the nominees whose names shall be are submitted to him the governor as hereinabove provided. In making the appointment, the governor shall consider the diversity of the state's population for an appellate court appointment and the diversity of the county's population for a trial court appointment, however the primary consideration shall be merit. If the governor does not appoint one of such the nominees to fill such vacancy within sixty days after their names are submitted to the governor by such the commission, the chief justice of the supreme court forthwith shall appoint one of the nominees on the basis of merit alone without regard to political affiliation one of such nominees to fill such vacancy. If such the commission does not submit, within sixty days after such vacancy occurs, submit the names of nominees as hereinabove provided pursuant to subsection A, the governor shall have the power to appoint any qualified person to fill such vacancy at any time thereafter prior to before the time the names of the nominees to fill such vacancy are submitted to the governor as hereinabove provided pursuant to subsection A. Each justice or appellate court judge so appointed shall initially hold office for a term ending sixty days following the next regular general election after the expiration of a term of two years in office. Thereafter, the terms of justices or appellate court judges of the supreme court and the superior court shall be as provided by this article.
D. C. A person appointed to fill a vacancy on an intermediate appellate court or another court of record now existing or hereafter established by law shall have been a resident of the counties or county in which that vacancy exists for at least one year prior to his before the person's appointment, in addition to possessing the other required qualifications. A nominee shall be under sixty-five years of age at the time his the nominee's name is submitted to the governor.
38. Declaration of candidacy; form of judicial ballot, rejection and retention; failure to file declaration
Section 38. A. A justice or judge of the supreme court or an intermediate appellate court shall file in the office of the secretary of state, and a judge of the superior court or other court of record including such justices or judges who are holding office as such by election or appointment at the time of the adoption of this section except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two hundred fifty thousand persons, according to the United States census, shall file in the office of the clerk of the board of supervisors of the county in which he regularly sits and resides, not less than sixty one hundred twenty nor more than ninety one hundred fifty days prior to before the regular general election next preceding the expiration of his term of office, a declaration of his desire to be retained in office, and the secretary of state shall certify to the several boards of supervisors the appropriate names of the candidate or candidates appearing on such declarations filed in his office.
B. The name of any justice or appellate court judge whose declaration is filed as provided in this section shall be placed on the appropriate official ballot at the next regular general election under a nonpartisan designation and in substantially the following form:
Shall __________, (Name of justice or appellate court judge) of the _________ court be retained in office? Yes __ No __ (Mark X after one).
C. If a majority of those voting on the question votes "No," then, upon the expiration of the term for which such justice or appellate court judge was serving, a vacancy shall exist, which shall be filled as provided by this article. If a majority of those voting on the question votes "Yes," such justice or appellate court judge shall remain in office for another term, subject to removal as provided by this constitution.
D. The votes shall be counted and canvassed and the result declared as in the case of state and county elections, whereupon a certificate of retention or rejection of the incumbent justice or appellate court judge shall be delivered to him the incumbent by the secretary of state or the clerk of the board of supervisors, as the case may be.
E. If a justice or appellate court judge fails to file a declaration of his the justice's or judge's desire to be retained in office, as required by this section, then his the justice's or judge's office shall become vacant upon expiration of the term for which such justice or judge was serving.
42. Retention evaluation of justices and appellate court judges
The supreme court shall adopt, after public hearings, and administer for all justices and appellate court judges who file a declaration to be retained in office, a process, established by court rules, for evaluating judicial performance. The rules shall include written performance standards and performance reviews which survey opinions of persons who have knowledge of the justice's or appellate court judge's performance. The public shall be afforded a full and fair opportunity for participation in the evaluation process through public hearings, dissemination of evaluation reports to voters and any other methods as the court deems advisable.
3. Article VI, sections 40 and 41, Constitution of Arizona, are proposed to be repealed as follows if approved by the voters and on proclamation of the Governor:
Article VI, section 40, Constitution of Arizona, relating to the option for counties with a population of less than two hundred fifty thousand persons, is repealed.
Article VI, section 41, Constitution of Arizona, relating to the commission on trial court appointments, is repealed.
4. Section 12-102, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
12-102. Jurisdiction and duties; court appointments; contract and volunteer service providers; background investigations; fingerprinting
A. The supreme court shall discharge the duties imposed and exercise the jurisdiction conferred by the constitution and by law.
B. As a condition of appointment to any paid position in the judicial department that is defined as a noncriminal justice agency under federal law, including nomination for judicial office by the commissions commission on appellate and trial court appointments pursuant to article VI, sections section 37 and 41, Constitution of Arizona, the court shall require each applicant to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation to determine the suitability of the applicant. The court shall submit the completed applicant fingerprint card to the department of public safety. The applicant shall bear the cost of obtaining the applicant's criminal history record information. The cost shall not exceed the actual cost of obtaining the applicant's criminal history record information. Applicant criminal history records checks shall be conducted pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety is authorized to exchange the submitted applicant fingerprint card information with the federal bureau of investigation for a national criminal history records check.
C. The court may require each person who provides contract or volunteer services in the judicial department that is defined as a noncriminal justice agency under federal law to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation. The court shall submit the person's completed fingerprint card to the department of public safety. The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety is authorized to exchange the person's submitted fingerprint card information with the federal bureau of investigation for a national criminal history records check.
5. Section 12-121, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
12-121. Number of judges; petition for approval of additional judges
A. In each county of the state there shall be a superior court for which at least one each judge shall be elected. In each county having a census enumeration greater than thirty thousand inhabitants, and upon On petition by the board of supervisors of such the county to the governor and his on the governor's approval thereof of the petition, there shall be an additional judge or judges of the superior court for each thirty thousand inhabitants, or majority fraction thereof, or the additional judge of the superior court may shall be authorized, based on the procedure prescribed by the terms of subsections B and C.
B. Upon petition by the board of supervisors of a county to the governor and his approval thereof, there shall be an additional judge of the superior court provided that the board of supervisors has determined, as prescribed in subsection C, that the county has acquired since the last census enumeration the required number of inhabitants for an additional judge as provided in subsection A.
C. The determination of the board of supervisors shall be based on, but not limited to, recent estimates of population, if any, of any area within the county issued by the bureau of the census, auto registrations, nonagricultural employment, gross utility revenues and retail sales.
D. B. Additional judges authorized by the terms of this section shall be appointed or elected as provided by law.
6. Section 16-311, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
16-311. Nomination papers; filing; definitions
A. Any person desiring to become a candidate at a primary election for a political party and to have the person's name printed on the official ballot shall be a qualified elector of such party and, not less than ninety nor more than one hundred twenty days before the primary election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or description of place of residence and post office address, naming the party of which the person desires to become a candidate, stating the office and district or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G, and giving the date of the primary election and, if nominated, the date of the general election at which the person desires to become a candidate. A candidate for public office shall be a qualified elector at the time of filing and shall reside in the county, district or precinct which that the person proposes to represent, except that judges of the superior court in counties with a population of eight hundred thousand persons or more who are serving a term of office on the effective date of this amendment to this section shall reside in the county and not the district that the judge proposes to represent.
B. Any person desiring to become a candidate at any nonpartisan election and to have the person's name printed on the official ballot shall be at the time of filing a qualified elector of such county, city, town or district and, not less than ninety nor more than one hundred twenty days before the election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or description of place of residence and post office address, stating the office and county, city, town or district and ward or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G and giving the date of the election. A candidate for office shall reside at the time of filing in the county, city, town, district, ward or precinct which that the person proposes to represent, except that judges of the superior court in counties with a population of eight hundred thousand persons or more who are serving a term of office on the effective date of this amendment to this section shall reside in the county and not the district that the judge proposes to represent.
C. Notwithstanding the provisions of subsection B to the contrary, any city or town may adopt by ordinance for its elections the time frame provided in subsection A for filing nomination petitions. Such ordinance shall be adopted not less than one hundred twenty days before the first election to which it applies.
D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A an affidavit which shall be printed in a form prescribed by the secretary of state. The affidavit shall include facts sufficient to show that, other than the residency requirement provided in subsection A, the candidate will be qualified at the time of election to hold the office the person seeks.
E. The nomination paper of a candidate for the office of United States senator or representative in Congress, for the office of presidential elector or for a state office, including a member of the legislature, or for any other office for which the electors of the entire state or a subdivision of the state greater than a county are entitled to vote, shall be filed with the secretary of state no later than 5:00 p.m. on the last date for filing.
F. The nomination paper of a candidate for superior court judge or for a county, district and precinct office for which the electors of a county or a subdivision of a county other than an incorporated city or town are entitled to vote shall be filed with the county elections officer no later than 5:00 p.m. on the last date for filing as prescribed by subsection A. The nomination paper of a candidate for a city or town office shall be filed with the city or town clerk no later than 5:00 p.m. on the last date for filing. The nomination paper of a candidate for school district office shall be filed with the county school superintendent no later than 5:00 p.m. on the last date for filing.
G. The nomination paper shall include the exact manner in which the candidate desires to have the person's name printed on the official ballot and shall be limited to the candidate's surname and given name or names, an abbreviated version of such names or appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William" or "S." for "Samuel". Nicknames are permissible, but in no event shall nicknames, abbreviated versions or initials of given names suggest reference to professional, fraternal, religious or military titles. No other descriptive name or names shall be printed on the official ballot, except as provided in this section. Candidates' abbreviated names or nicknames may be printed within quotation marks. The candidate's surname shall be printed first, followed by the given name or names.
H. A person who does not file a timely nomination paper that complies with this section is not eligible to have the person's name printed on the official ballot for that office. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the person provides or has provided all of the following:
1. The nomination petition required by this title.
2. A political committee statement of organization or the five hundred dollar threshold exemption statement for that office.
3. The financial disclosure statement as prescribed for candidates for that office.
I. For the purposes of this title:
1. "Election district" means the state, any county, city, town, precinct or other political subdivision or a special district which is not a political subdivision, which is authorized by statute to conduct an election and which is authorized or required to conduct its election in accordance with this title.
2. "Nomination paper" means the form filed with the appropriate office by a person wishing to declare the person's intent to become a candidate for a particular political office.
7. Section 16-322, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
16-322. Number of signatures required on nomination petitions
A. Nomination petitions shall be signed:
1. If for a candidate for the office of United States senator or for a state office, excepting members of the legislature and superior court judges, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent of the voter registration of the party of the candidate in at least three counties in the state, but not less than one‑half of one per cent nor more than ten per cent of the total voter registration of the candidate's party in the state.
2. If for a candidate for the office of representative in Congress, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent but not more than ten per cent of the total voter registration of the party designated in the district from which such representative shall be elected.
3. If for a candidate for the office of member of the legislature, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one per cent but not more than three per cent of the total voter registration of the party designated in the district from which the member of the legislature may be elected.
4. If for a candidate for a county office or a candidate for superior court judge, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least two per cent but not more than ten per cent of the total voter registration of the party designated in the county or district, provided that in counties with a population of two hundred thousand persons or more, a candidate for a county office or a candidate for superior court judge shall have nomination petitions signed by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent but not more than ten per cent of the total voter registration of the party designated in the county or district.
5. If for a candidate for a community college district, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent but not more than ten per cent of the total voter registration in the precinct as established pursuant to section 15‑1441.
6. If for a candidate for county precinct committeeman, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least two per cent but not more than ten per cent of the party voter registration in the precinct or ten signatures, whichever is less.
7. If for a candidate for justice of the peace or constable, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least two per cent but not more than ten per cent of the party voter registration in the precinct.
8. If for a candidate for mayor or other office nominated by a city at large, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five per cent and not more than ten per cent of the designated party vote in the city, except that a city that chooses to hold nonpartisan elections may by ordinance provide that the minimum number of signatures required for the candidate be one thousand signatures or five per cent of the vote in the city, whichever is less, but not more than ten per cent of the vote in the city.
9. If for an office nominated by ward, precinct or other district of a city, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five per cent and not more than ten per cent of the designated party vote in the ward, precinct or other district.
10. If for a candidate for an office nominated by a town at large, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five per cent and not more than ten per cent of the vote in the town.
11. If for a candidate for a governing board of a school district, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent of the total voter registration in the school district if the governing board members are elected at large or one per cent of the total voter registration in the single member district if governing board members or joint technological education district board members are elected from single member districts. Notwithstanding the total voter registration in the school district or single member district, the maximum number of signatures required by this paragraph is four hundred.
12. If for a candidate for a governing body of a special district as described in title 48 by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent of the vote in the special district but not more than two hundred fifty and not fewer than five signatures.
B. The basis of percentage in each instance referred to in subsection A of this section, except in cities, towns and school districts, shall be the number of voters registered in the designated party of the candidate as reported pursuant to section 16‑168, subsection G on March 1 of the year in which the general election is held. In cities, the basis of percentage shall be the vote of the party for mayor at the last preceding election at which a mayor was elected. In towns, the basis of percentage shall be the highest vote cast for an elected official of the town at the last preceding election at which an official of the town was elected. In school districts, the basis of percentage shall be the total number of voters registered in the school district or single member district, whichever applies. The total number of voters registered for school districts shall be calculated using the periodic reports prepared by the county recorder pursuant to section 16‑168, subsection G. The count that is reported on March 1 of the year in which the general election is held shall be the basis for the calculation of total voter registration for school districts.
C. In primary elections the signature requirement for party nominees, other than nominees of the parties entitled to continued representation pursuant to section 16‑804, is at least one‑tenth of one per cent of the total vote for the winning candidate or candidates for governor or presidential electors at the last general election within the district. Signatures must be obtained from qualified electors who are qualified to vote for the candidate whose nomination petition they are signing.
D. If new boundaries for congressional districts, legislative districts, supervisorial districts, justice precincts or election precincts are established and effective subsequent to March 1 of the year of a general election and prior to the date for filing of nomination petitions, the basis for determining the required number of nomination petition signatures is the number of registered voters in the designated party of the candidate in the elective office, district or precinct on the day the new districts or precincts are effective.
8. Section 16-502, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
16-502. Form and contents of ballot
A. Ballots shall be printed with black ink on white paper of sufficient thickness to prevent the printing thereon from being discernible from the back, and the same type shall be used for the names of all candidates. The ballots shall be headed "official ballot" in bold‑faced plain letters, with a heavy rule above and below the heading. Immediately below shall be placed the words "type of election, (date of election)" and the name of the county and state in which the election is held. The name or number of the precinct in which the election is held shall be placed on the ballot in a uniform location for all ballots. No other matter shall be placed or printed at the head of any ballot, except above the heading there may be a stub that contains the words "stub no. _____, register no. _____, to be torn off by inspector." The stub shall be separated from the ballot by a perforated line, so that it may be easily detached from the ballot. Instructions to the voter on marking the ballot may be printed below the heading. The official ballots shall be bound together in blocks of not less than five nor more than one hundred.
B. Immediately below the ballot heading shall be placed the following:
"Section One
Partisan Ballot
1. Put a mark according to the instructions next to the name of each candidate for each partisan office for whom you wish to vote.
2. If you wish to vote for a person whose name is not printed on the ballot, write such name in the blank space provided on the ballot or write‑in envelope and put a mark according to the instructions next to the name so written."
C. Immediately below the instructions for voting in section one there shall be placed in columns the names of the candidates of the several political parties. Next to each candidate's name there shall be printed in bold‑faced letters the name of the political party. At the head of each column shall be printed the names of the offices to be filled with the name of each office being of uniform type size. At the head of each column shall be printed in the following order the names of candidates for:
1. Presidential electors.
2. United States senator.
3. Representatives in Congress.
4. The several state offices.
5. The several county and precinct offices.
D. The names of candidates for the offices of state senator and state representative along with the district number shall be placed within the heading of each column to the right of the office name for state offices and immediately below the candidates for the office of governor. The number of the supervisorial district of which a candidate is a nominee shall be printed within the heading of each column to the right of the name of the office.
E. The lists of the candidates of the several parties shall be arranged with the names of the parties in descending order according to the votes cast for governor for that county in the most recent general election for the office of governor, commencing with the left‑hand column. In the case of political parties which did not have candidates on the ballot in the last general election, such parties shall be listed in alphabetical order below the parties which did have candidates on the ballot in the last general election. The names of all candidates nominated under section 16‑341 shall be placed in a single column below that of the recognized parties. Next to the name of each candidate, in parentheses, shall be printed the designation not to exceed three words in length as prescribed in the candidate's certificate of nomination.
F. Immediately below the designation of the office to be voted for shall appear the words: "Vote for not more than _________" (insert the number to be elected).
G. In each column at the right of the name of each candidate and on the same line there shall be a place for the voter to put a mark. Below the name of the last named candidate for each office there shall be as many blank lines as there are offices of the same title to be filled, with a place for the voter to put a mark unless write‑in envelopes are provided for that purpose. Upon the blank line the voter may write the name of any person for whom he desires to vote whose name is not printed, and next to the name so written he shall designate his choice by a mark as in the case of printed names.
H. When there are two or more candidates of the same political party for the same office, or more than one candidate for a judicial office, the names of all such candidates shall be so alternated on the ballots used in each election district that the name of each candidate shall appear substantially an equal number of times in each possible location. If there are fewer or the same number of candidates seeking office than the number to be elected, the rotation of names is not required and the names shall be placed in alphabetical order.
I. Immediately below section one of the ballot shall be placed the following:
"Section Two
Nonpartisan Ballot
1. Put a mark according to the instructions next to the name of each candidate for each nonpartisan office for whom you wish to vote.
2. If you wish to vote for a person whose name is not printed on the ballot, write such name in the blank space provided on the ballot or write‑in envelope and put a mark according to the instructions next to the name so written.
3. Put a mark according to the instructions next to the word 'yes' (or for) for each proposition or question you wish to be adopted. Put a mark according to the instructions next to the word 'no' (or against) for each proposition or question you wish not to be adopted."
J. Immediately below the instructions for voting in section two shall be placed the names of the candidates for judges of the superior court standing for election pursuant to article VI, section 12, Constitution of Arizona, school district officials, justice justices of the supreme court, or judges of the court of appeals, judges of the superior court standing for retention or rejection pursuant to article VI, section 38, Constitution of Arizona, and other nonpartisan officials in a column or in columns without partisan or other designation except the title of office in an order determined by the officer in charge of the election.
K. Immediately below the offices listed in subsection J of this section, the ballot shall contain a separate heading of any nonpartisan office for a vacant unexpired term and shall include the expiration date of the term of the vacated office.
L. All proposed constitutional amendments and other propositions or questions to be submitted to the voters shall be printed immediately below the names of candidates for nonpartisan positions in such order as the secretary of state, or if a city or town election, the city or town clerk, designates. Placement of county and local charter amendments, propositions or questions shall be determined by the officer in charge of the election. Except as provided by section 19‑125, each proposition or question shall be followed by the words "yes" and "no" or "for ______" and "against ______" as the nature of the proposition or question requires, and at the right of and next to each of such words shall be a place for the voter to put a mark according to the instructions that is similar in size to those places appearing opposite the names of the candidates, in which the voter may indicate his vote for or against such proposition or question by a mark as defined in section 16‑400.
M. Instead of printing the official and descriptive titles or the full text of each measure or question on the official ballot, the officer in charge of elections may print phrases on the official ballot that contain all of the following:
1. The number of the measure in reverse type and at least twelve point type.
2. The designation of the measure as prescribed by section 19‑125, subsection C or as a question, proposition or charter amendment, followed by the words "relating to..." and inserting the subject.
3. Either the statement prescribed by section 19‑125, subsection D that describes the effects of a "yes" vote and a "no" vote or, for other measures, the text of the question or proposition.
4. The words "yes" and "no" or "for" and "against", as may be appropriate and a place for the voter to put a mark.
N. For any ballot printed pursuant to subsection M of this section, the instructions on the official ballot shall direct the voter to the full text of the official and descriptive titles and the questions and propositions as printed on the sample ballot and posted in the polling place.
9. Section 16-916, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
16-916. Filing statements of contributions and expenditures; public inspection
A. Except as provided in subsection B of this section, the statements, designations and reports required to be filed pursuant to this article shall be filed as follows:
1. In the office of the secretary of state for political committees supporting or opposing the recall of a public officer elected statewide or to the legislature, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a state general election ballot or recall of public officials elected statewide or to the legislature or supporting or opposing candidates for state offices and members of the legislature, for justices of the supreme court, for judges of the court of appeals and for a statewide initiative or referendum or any measure or proposition appearing on a state general election ballot. The office of the secretary of state shall post to its website in a format that is viewable by the public the campaign finance information prescribed by this section.
2. With the county officer in charge of elections for political committees supporting or opposing the recall of public officers elected to county offices, school district governing boards, community college district governing boards or judges of the superior court, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a county election ballot or for the recall of a public officer elected to county offices, school district governing boards, community college district governing boards or judges of the superior court or supporting or opposing candidates for county offices, school district governing board members or ballot questions, community college district governing board members or ballot questions, judges of the superior court seeking retention, special taxing districts and a county initiative or referendum or any measure or proposition appearing on a county election ballot. For any county with a population of more than one hundred thousand persons that operates a website, the county officer in charge of elections shall post to that website in a format that is viewable by the public the campaign finance information prescribed by this section. The posting requirements of this paragraph do not apply to reports where less than five hundred dollars is spent.
3. With the city or town clerk for political committees supporting or opposing the recall of public officers elected to city or town offices, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a city or town election ballot or recall of public officers elected for city or town offices or supporting or opposing candidates for city or town offices and for a city or town initiative or referendum or any measure or proposition appearing on a city or town election ballot. For any city or town with a population of more than two thousand five hundred persons that operates a website, the city or town shall post to that website in a format that is viewable by the public the campaign finance information prescribed by this section. The posting requirements of this paragraph do not apply to reports where less than five hundred dollars is spent.
B. An original and one copy of the reports required pursuant to section 16‑913 for the office of member of the legislature shall be filed with the secretary of state. The secretary of state may provide through the procedures manual adopted pursuant to section 16‑452 for an alternative method for providing public access to the reports prescribed by this section.
C. For all statements, designations and reports, the date of filing is the date of actual receipt by the officer with whom the document is required to be filed except as follows:
1. For documents filed by certified mail with a United States mail postmark, the date of mailing constitutes the date of filing.
2. For documents filed by commercial delivery services that provide a standardized delivery confirmation process, the date of delivery confirmation constitutes the date of filing.
3. For documents filed by commercial delivery services that provide for electronic tracking of specific delivery packages, the date of electronic confirmation of delivery constitutes the date of filing.
D. If the date for filing any statement, designation or report required by this article is a Saturday, a Sunday or another legal holiday, the filing deadline is the next day that is not a Saturday, a Sunday or another legal holiday.
10. Section 16-949, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
16-949. Caps on spending from citizens clean elections fund
A. The commission shall not spend, on all costs incurred under this article during a particular calendar year, more than five ten dollars times the number of Arizona resident personal income tax returns filed during the previous calendar year. Tax reductions and tax credits awarded to taxpayers pursuant to section 16‑954, subsections A and B shall not be considered costs incurred under this article for the purposes of this section. The commission may exceed this limit during a calendar year, provided that it is offset by an equal reduction of the limit during another calendar year during the same four‑year period beginning January 1 immediately after a gubernatorial election.
B. The commission may use up to ten percent per cent of the amount specified in subsection A of this section for reasonable and necessary expenses of administration and enforcement, including the activities specified in section 16‑956, subsection A, paragraphs 3 through 7 and subsections B and C. Any portion of the ten percent per cent not used for this purpose shall remain in the fund.
C. The commission shall apply ten percent per cent of the amount specified in subsection A of this section for reasonable and necessary expenses associated with voter education, including the activities specified in section 16‑956, subsection A.
D. The state treasurer shall administer a citizens clean election elections fund from which costs incurred under this article shall be paid. The auditor general shall review the monies in, payments into, and expenditures from the fund no less often than every four years.
11. Title 16, chapter 6, article 2, Arizona Revised Statutes, is proposed to be amended as follows by adding section 16-962 if approved by the voters and on proclamation of the Governor:
16-962. Applicability; superior court judges; reports
A. This article applies to candidates for judge of the superior court. For candidates for judge of the superior court, "primary election spending limit" has the same meaning as for a candidate for the legislature. For candidates for presiding judge, "primary election spending limit" has the same meaning as for a candidate for mine inspector.
B. Persons who are required to file reports pursuant to this article shall:
1. If the person is a nonparticipating candidate, file the reports with the county officer in charge of elections.
2. If the person is a participating candidate, file the reports with the secretary of state, who shall transmit each judicial candidate's report to the county officer in charge of elections.
12. Section 19-123, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
19-123. Publicity pamphlet; printing; distribution; public hearings
A. When the secretary of state is ordered by the legislature, or by petition under the initiative and referendum provisions of the constitution, to submit to the people a measure or proposed amendment to the constitution, the secretary of state shall cause to be printed, at the expense of the state, except as otherwise provided in this article, a publicity pamphlet, which shall contain:
1. A true copy of the title and text of the measure or proposed amendment. Such text shall indicate material deleted, if any, by printing such material with a line drawn through the center of the letters of such material and shall indicate material added or new material by printing the letters of such material in capital letters.
2. The form in which the measure or proposed amendment will appear on the ballot, the official title, the descriptive title prepared by the secretary of state and the number by which it will be designated.
3. The arguments for and against the measure or amendment.
4. For any measure or proposed amendment, a legislative council analysis of the ballot proposal as prescribed by section 19‑124.
5. The report of the commission on judicial performance review for and any arguments for or against any justices of the supreme court, or judges of the court of appeals and judges of the superior court who are subject to retention.
6. The summary of a fiscal impact statement prepared by the joint legislative budget committee staff pursuant to subsection D of this section.
B. The secretary of state shall mail one copy of the publicity pamphlet to every household that contains a registered voter. The mailings may be made over a period of days but shall be mailed in order to be delivered to households before the earliest date for receipt by registered voters of any requested early ballots for the general election.
C. Sample ballots for both the primary and general elections shall include a statement that information on how to obtain a publicity pamphlet for the general election ballot propositions is available by calling the secretary of state. The statement shall include a telephone number and mailing address of the secretary of state.
D. On certification of an initiative measure as qualified for the ballot, the secretary of state shall hold or cause to be held at least three public meetings on the ballot measure. Hearings shall be held in at least three different counties and shall be held before the date of the election on the measure. The hearings shall provide an opportunity for proponents, opponents and the general public to provide testimony and request information. Hearings may be scheduled to include more than one qualified ballot measure and shall include a fiscal impact presentation on the measure by the joint legislative budget committee staff. The joint legislative budget committee staff shall prepare a summary of the fiscal impact for each ballot measure, not to exceed three hundred words, for publication in the publicity pamphlet.
13. Title 19, chapter 1, article 3, Arizona Revised Statutes, is proposed to be amended as follows by adding section 19-124.01 if approved by the voters and on proclamation of the Governor:
19-124.01. Publicity pamphlet; arguments; retention of justices of the supreme court and judges of an intermediate appellate court; cost
A. Not later than fifty-three days preceding the regular primary election a person may file with the secretary of state an argument advocating or opposing the retention of a justice of the supreme court or a judge of an intermediate appellate court. Each argument filed shall contain the original notarized signature of each person sponsoring it. If the argument is sponsored by an organization, it shall contain the notarized signature of two executive officers of the organization or if sponsored by a political committee it shall contain the notarized signature of the committee's chairman or treasurer. The person or persons signing the argument shall identify themselves by giving their residence or post office address and a telephone number, which information shall not appear in the publicity pamphlet. Each argument filed pursuant to this subsection shall not exceed three hundred words in length. Payment of the deposit required by subsection C or reimbursement of the payor constitutes sponsorship of the argument for the purposes of this subsection.
B. The arguments shall be included in the publicity pamphlet immediately following the justice or appellate court judge to which they refer. Arguments in the affirmative shall be placed before arguments in the negative. The affirmative and negative arguments shall be placed in the order in which they were filed with the secretary of state.
C. The person filing an argument shall deposit with the secretary of state, at the time of filing, an amount of money as prescribed by the secretary of state for the purpose of offsetting a portion of the proportionate cost of the purchase of the paper and the printing of the argument. If the person filing an argument requests that the argument appear in connection with more than one justice or appellate court judge, A deposit shall be made for each placement requested. Any proportional balance remaining of the deposit, after paying the cost, shall be returned to the depositor.
14. Section 38-431.08, Arizona Revised Statutes, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
38-431.08. Exceptions; limitation
A. This article does not apply to:
1. Any judicial proceeding of any court or any political caucus of the legislature.
2. Any conference committee of the legislature, except that all such meetings shall be open to the public.
3. The commissions commission on appellate and trial court appointments and the commission on judicial qualifications.
4. 3. Good cause exception determinations and hearings conducted by the board of fingerprinting pursuant to section 41‑619.55.
B. A hearing held within a prison facility by the board of executive clemency is subject to this article, except that the director of the state department of corrections may:
1. Prohibit, on written findings that are made public within five days of so finding, any person from attending a hearing whose attendance would constitute a serious threat to the life or physical safety of any person or to the safe, secure and orderly operation of the prison.
2. Require a person who attends a hearing to sign an attendance log. If the person is over sixteen years of age, the person shall produce photographic identification which verifies the person's signature.
3. Prevent and prohibit any articles from being taken into a hearing except recording devices, and if the person who attends a hearing is a member of the media, cameras.
4. Require that a person who attends a hearing submit to a reasonable search on entering the facility.
C. The exclusive remedies available to any person who is denied attendance at or removed from a hearing by the director of the state department of corrections in violation of this section shall be those remedies available in section 38‑431.07, as against the director only.
D. Either house of the legislature may adopt a rule or procedure pursuant to article IV, part 2, section 8, Constitution of Arizona, to provide an exemption to the notice and agenda requirements of this article or to allow standing or conference committees to meet through technological devices rather than only in person.
15. Severability
If a provision of this measure or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.
16. Conditional enactment
Sections 16-962 and 19-124.01, Arizona Revised Statutes, as added by this measure, and sections 12-102, 12-121, 16-311, 16-322, 16-502, 16-916, 16-949, 19-123 and 38‑431.08, Arizona Revised Statutes, as amended by this measure, do not become effective unless the Constitution of Arizona is amended by vote of the people at the next regular general election to replace the constitutional requirement of merit selection of superior court judges with election as provided in sections 2 and 3 of this measure.
17. Short title
These measures may be cited as "Clean Elections for Judges."
18. The Secretary of State shall submit these propositions to the voters at the next general election as separate ballot propositions as provided by article IV, part 1, section 1 and article XXI, Constitution of Arizona, and section 19-125, Arizona Revised Statutes.
