AN ACT

providing for a special election for the purpose of voting on amendments to the constitution of Arizona relating to temporary taxes.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Special election

Under the authority of and in accordance with article XXI, section 1, Constitution of Arizona, a special election is called to be held May 18, 2010 and to be conducted by the officers conducting regular elections.

Sec. 2.  Purpose of election

The purpose of the special election called pursuant to section 1 of this act is to submit to a vote of the people certain amendments to the Constitution of Arizona that are proposed by the forty-ninth legislature, sixth special session, that are approved by a majority of the members of each house of the legislature and that amend the Constitution of Arizona to provide for temporary taxes.

Sec. 3.  Publicity; secretary of state

A.  The secretary of state shall cause to be printed in pamphlet form a sample ballot and a true copy of the official title and text of each proposed amendment, with the number and form in which the descriptive title will be printed on the official ballot as prescribed by section 19-125, Arizona Revised Statutes.  In addition, the publicity pamphlet shall contain a legislative council analysis, a joint legislative budget committee staff fiscal impact summary and any arguments submitted in support of or opposition to the proposed amendments as prescribed by section 19-124, Arizona Revised Statutes.  The legislative council analysis and joint legislative budget committee fiscal impact summary shall be submitted to the secretary of state no later than February 25, 2010 and any arguments shall be submitted to the secretary of state no later than February 25, 2010.  A person submitting an argument in support of or opposition to the proposed amendments shall pay the fee prescribed pursuant to section 19‑124, Arizona Revised Statutes.

B.  The secretary of state is not required to conduct public meetings on the proposed amendments.

C.  Not less than ten days before the special election called pursuant to this act, the secretary of state shall cause each proposed amendment to be published for a period of at least three days in a daily newspaper in every county in the state in which a newspaper is published or, if there is not such a newspaper, at least one time in a weekly newspaper.

D.  Not less than thirty-three days before the special election called pursuant to this act, 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 the receipt of early ballots that may have been requested by a voter.

E.  The secretary of state shall distribute the publicity pamphlet in other forms and methods deemed advisable by the secretary of state.

Sec. 4.  Form of ballot

A.  The officer in charge of elections shall comply with section 19‑125, subsections E and F, Arizona Revised Statutes, with respect to printing the full text of each measure on the ballot.

B.  If a political subdivision contracts with a county for election services and that political subdivision chooses to hold a local election on May 18, 2010, the political subdivision shall only utilize a ballot and format of the election where the questions presented pursuant to article XXI, section 1, Constitution of Arizona, appear and the constitutional amendments shall appear first before the other matters of the political subdivision.

Sec. 5.  Applicability of general election laws; exceptions

A.  The secretary of state and county officers in charge of elections are exempt from compliance with competitive bidding processes to the extent that those processes will conflict with the timely printing and distribution of publicity pamphlets, ballots and other election materials or the timely conduct of the special election required by this act.

B.  The special election called pursuant to this act shall be governed and administered under the general laws of this state regarding elections to the greatest extent practicable and shall be administered in a manner consistent with a presidential preference election with consolidated precincts.  The board of supervisors shall deliver the canvass to the secretary of state within ten days after the special election and the canvass shall be completed by the secretary of state by the second Monday after the special election.

Sec. 6.  Campaign finance; reporting contributions and expenditures by committees acting on special ballot measures; civil penalty; definitions

A.  Any political committee that acts in support of or opposition to the qualification, passage or defeat of any ballot measure, question or proposition that is the subject of the special election called by this act shall organize and register as a special election political committee and shall file reports of contributions and expenditures pursuant to title 16, chapter 6, article 1, Arizona Revised Statutes.

B.  Notwithstanding the reporting schedule prescribed by section 16‑913, Arizona Revised Statutes, a political committee that is subject to subsection A of this section shall file campaign finance reports pursuant to section 16-915, Arizona Revised Statutes, as follows:

1.  A preelection report, which shall be filed not less than sixty days before the special election and which shall be complete through the eighty‑fourth day before the election.

2.  A preelection report, which shall be filed not less than four days before the special election and which shall be complete through the tenth day before the election.

3.  A postelection report, which shall be filed not more than thirty days after the special election and which shall be complete through the twenty-first day after the election.

4.  A postelection report, which shall cover the period beginning twenty-two days after the date of the special election through the ninetieth day after the special election, and another report of contributions and expenditures every ninety days thereafter or until the committee terminates.

C.  A political committee that is subject to subsection A of this section shall give notice to the secretary of state of the following:

1.  Any contribution or group of contributions to the committee that is made from a single source less than twenty days before the day of the election if it exceeds a cumulative total of ten thousand dollars for a ballot measure.

2.  Each time that any of the following occurs for the committee:

(a)  The committee has received contributions totaling ten thousand dollars or more.

(b)  The committee has made expenditures totaling ten thousand dollars or more.

(c)  The committee has received contributions totaling ten thousand dollars or more from a single source.

(d)  The committee has received contributions totaling ten thousand dollars or more from different additional single sources.

D.  The notices prescribed by subsection C of this section shall be filed within twenty-four hours, excluding Saturdays, Sundays and other legal holidays, after the ten thousand dollar amount has been reached and shall include the identification of the contributors, the dates of receipt and the amounts of the contributions or the amount, recipient and purpose of the expenditures.  Contributions that are subject to the notification requirements of subsection C of this section shall be included in the next report filed pursuant to subsection B of this section.

E.  A political committee that violates this section and a person who knowingly violates this section are liable in a civil action for a civil penalty of up to three times the amount improperly reported as prescribed by section 16-924, Arizona Revised Statutes.

F.  For the purposes of this section:

1.  The definitions prescribed in sections 16-901 and 16-914.01, Arizona Revised Statutes, apply.

2.  Title 16, chapter 6, article 1, Arizona Revised Statutes, applies to the special election called pursuant to this act to the greatest extent practicable.

Sec. 7.  Reimbursement of county expenses

A.  The secretary of state shall reimburse counties for the cost of printing ballots and other election materials for the special election and shall reimburse counties for compensation paid to election board and tally board officers serving during the special election, as well as other costs of administering the election.  The secretary of state may advance a portion of estimated expenses to each county.  A county that receives an advance shall provide subsequent documentation to the secretary of state pursuant to subsection B.

B.  The clerk of the board of supervisors of each county shall submit to the secretary of state for approval an itemized claim, together with documentation, verified by the clerk for expenses incurred or to be incurred by the county as prescribed by subsection A.  On approval of the claim by the secretary of state, the claim shall be submitted to the department of administration for payment to the county from the monies appropriated for this purpose in the fiscal year 2009-2010 general appropriations act and related measures.

Sec. 8.  Nonlapsing of appropriation

Notwithstanding any other law, the monies appropriated to the secretary of state for a special election in Laws 2009, chapter 11, section 93, as amended by Laws 2009, chapter 12, section 39, in the sum of $8,346,900 are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.

(EMERGENCY NOT ENACTED)

Sec. 9.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.