Bill Text: AZ SB1264 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: Initiative, referendum and recall
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-04-16 - House majority caucus: Do pass [SB1264 Detail]
Download: Arizona-2013-SB1264-Engrossed.html
|
Senate Engrossed |
|
State of Arizona Senate Fifty-first Legislature First Regular Session 2013
|
|
SENATE BILL 1264 |
|
|
|
|
AN ACT
Amending sections 16‑531 and 16‑924, Arizona Revised Statutes; amending title 19, chapter 1, ARTICLE 1, Arizona Revised Statutes, by adding section 19-103; amending sections 19-111, 19-112, 19-121, 19-121.01, 19‑121.02 and 19‑121.04, Arizona Revised Statutes; amending title 19, chapter 2, article 1, Arizona Revised Statutes, by adding section 19-201.01; amending sections 19‑202.01, 19-203, 19-204, 19-208.01, 19-208.02, 19-208.03 and 19-209, Arizona Revised Statutes; relating to initiative, referendum and recall elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-531, Arizona Revised Statutes, is amended to read:
16-531. Appointment of election boards and tally boards; qualifications
A. When an election is ordered, and not less than twenty days before a general or primary election, the board of supervisors shall appoint for each election precinct one inspector, one marshal, two judges and as many clerks of election as deemed necessary. The inspector, marshal, judges and clerks shall be qualified voters of the precinct for which appointed, unless there is not a sufficient number of persons available to provide the number of appointments required. If the inspector, marshal and judges shall not have changed their political party affiliation or their no party preference affiliation since the last preceding general election, and if they are members of the two political parties that cast the highest number of votes in the state at the last preceding general election, they shall be divided equally between these two parties. There shall be an equal number of inspectors in the various precincts in the county who are members of the two largest political parties. In each precinct where the inspector is a member of one of the two largest political parties, the marshal in that precinct shall be a member of the other of the two largest political parties. Whenever possible, any person appointed as an inspector shall have had previous experience as an inspector, judge, marshal or clerk of elections. If there is no qualified person in a given precinct, the appointment of an inspector may be made from names provided by the county party chairman. If not less than ninety days before the election the chairman of the county committee of either of the parties designates qualified voters of the precinct, or of another precinct if there are not sufficient members of his party available in the precinct to provide the necessary representation on the election board as judge, such designated qualified voters shall be appointed. The judges, together with the inspector, shall constitute the board of elections. Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk.
B. If the election precinct consists of fewer than three hundred qualified electors, the board of supervisors may appoint not fewer than one inspector and two judges. The board of supervisors shall give notice of election precincts consisting of fewer than three hundred qualified electors to the county chairmen of the two largest political parties not later than thirty days before the election. The inspector and judges shall be appointed in the same manner by party as provided in subsection A of this section.
C. If a nonpartisan election is ordered, not less than twenty days before the election the governing board holding the election shall appoint, without consideration for political party, a minimum of three election workers for each polling place. The election workers shall consist of at least one inspector and two judges. Whenever possible, they shall be qualified electors of the precinct located within the district, without consideration for political party.
D. Where the election precinct consists of three hundred fifty or more qualified electors, the board of supervisors may in addition to the board of elections appoint a similar board to be known as the tally board. The tally board shall take custody of the ballots from the closing of the polls until the tally of the ballots is completed. The tally board shall consist of the inspector of the board of elections, two judges and not less than two clerks. The inspector and two judges shall be appointed to provide as equal as practicable representation of members of the two largest political parties on the board in the same manner as provided for the election boards. Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk. A member appointed to serve on the tally board, with the exception of the inspector of the board of elections, shall not be appointed to serve on the board of elections. The inspector of the board of elections shall be a member of the tally board and during such time shall act as the supervisor of the tally board. No United States, state, county or precinct officer, nor a candidate for office at the election, other than a precinct committeeman or a candidate for the office of precinct committeeman, is qualified to act as judge, inspector, marshal or clerk.
E. If an electronic voting system is in use the write‑in ballots shall be tallied by a board of elections consisting of one inspector and two judges who are appointed in the same manner by party as provided in subsection A of this section.
F. At least ten days before a special election, the governing body conducting the election may in like manner appoint a special tally board or boards for the specific purpose of tallying the ballots on the closing of the polls. The tally boards shall consist of at least one inspector and two judges. The inspector of the board of elections shall act as the supervisor of the tally board.
G. Notwithstanding any other law, the board of supervisors may appoint to an election board to serve as a clerk of election a person who is not eligible to vote if all of the following conditions are met:
1. The person is a minor who will be at least sixteen years of age at the time of the election for which the person is named to the election board.
2. The person is a citizen of the United States at the time of the election for which the person is named to the election board.
3. The person is supervised by an adult who has been trained as an elections officer.
4. The person has received training provided by the officer in charge of elections.
5. The parent or guardian of the person has provided written permission for the person to serve.
H. A school district or charter school shall not be required to reduce its average daily membership, as defined in section 15-901, for any pupil who is absent from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection G of this section.
I. A school district or charter school shall not count any pupil's absence from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection G of this section against any mandatory attendance requirements for the pupil.
J. Nothing in this section shall prevent the board of supervisors or governing body from refusing for cause to reappoint, or from removing for cause, an election or tally board member. END_STATUTE
Sec. 2. Section 16-924, Arizona Revised Statutes, is amended to read:
16-924. Civil penalties; attorney general; county, city or town attorney
A. Unless another penalty is specifically prescribed in this title, if the filing officer for campaign finance reports designated pursuant to section 16‑916, subsection A has reasonable cause to believe that a person is violating any provision of this title, except for violations of chapter 6, article 2, the secretary of state shall notify the attorney general for a violation regarding a statewide office or the legislature, the county officer in charge of elections shall notify the county attorney for that county for a violation regarding a county office or the city or town clerk shall notify the city or town attorney for a violation regarding a city or town office. The attorney general, county attorney or city or town attorney, as appropriate, may serve on the person an order requiring compliance with that provision. The order shall state with reasonable particularity the nature of the violation and shall require compliance within twenty days from the date of issuance of the order. The alleged violator has twenty days from the date of issuance of the order to request a hearing pursuant to title 41, chapter 6 or, if the alleged violator raises a constitutional issue in defense of the order, to request a hearing in the superior court.
B. If a person fails to take corrective action within the time specified in the compliance order issued pursuant to subsection A of this section, the attorney general, county attorney or city or town attorney, as appropriate, shall issue an order assessing a civil penalty of not more than one thousand dollars. The person alleged to have violated the compliance order has thirty days from the date of issuance of the order assessing the civil penalty to request a hearing pursuant to title 41, chapter 6 or, if the alleged violator raises a constitutional issue in defense of the order, to request a hearing in the superior court.
C. Any party aggrieved by an order or decision of the attorney general, county attorney or city or town attorney, as appropriate, may appeal to the superior court as provided in title 12, chapter 7, article 6.
D. For the purposes of this section, failure to comply with a compliance order issued by the attorney general, county attorney or city or town attorney, as appropriate, as prescribed in subsection A of this section is deemed an intentional act.
Sec. 3. Title 19, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 19-103, to read:
19-103. Legislative findings and intent; strict compliance
The legislature finds and determines that strict compliance with the application and enforcement of the constitutional and statutory requirements for both the initiative and the referendum process provide the surest method for safeguarding the integrity and accuracy of the initiative and referendum process. Therefore, the legislature declares that the constitutional and statutory requirements for the initiative and referendum be strictly construed and that persons using either the initiative or referendum process strictly comply with those constitutional and statutory requirements.
Sec. 4. 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 or organization'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 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 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. When the application is received by the secretary of state and marked by the secretary of state with an official time and date of receipt, the time‑and‑date-marked TEXT THAT ACCOMPANIED THE APPLICATION constitutes the official copy of the text of the MEASURE OR CONSTITUTIONAL AMENDMENT and shall be used in all instances as the text of the MEASURE OR CONSTITUTIONAL AMENDMENT. For any subsequent change in the text of the MEASURE OR CONSTITUTIONAL AMENDMENT by the applicant, the applicant shall file a new application and text, shall be assigned a new official serial number and shall use as the text of the MEASURE OR CONSTITUTIONAL AMENDMENT the TIME‑AND-DATE-MARKED TEXT THAT ACCOMPANIED THE NEW APPLICATION.
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. 5. Section 19-112, Arizona Revised Statutes, is amended to read:
19-112. Signatures and verification; attachment; registration of circulators
A. Every qualified elector signing a petition shall do so in the presence of the person who is circulating the petition and who is to execute the affidavit of verification. At the time of signing, the qualified elector shall sign his first and last names in the spaces provided and the elector so signing shall print his first and last names and write, in the appropriate spaces following the signature, the signer's residence address, giving street and number, and if he has no street address, a description of his residence location. The elector so signing shall write, in the appropriate spaces following the elector's address, the date on which the elector signed the petition.
B. The signature sheets shall be attached at all times during circulation to a full and correct copy of the title and text of the measure or constitutional amendment proposed or referred by the petition. The title and text shall be in at least eight point type and shall include both the original and the amended text. The text shall indicate material deleted, if any, by printing the material with a line drawn through the center of the letters of the material and shall indicate material added or new material by printing the letters of the material in capital letters. The secretary of state's time‑and‑date-marked copy of the measure or constitutional amendment with its proposed text set out in full with the original and the amended text constitutes the full and correct copy and is the only valid copy of the title and text of the measure for circulation for signatures. Signatures that are collected with any copy of the measure or constitutional amendment that is not a facsimile of the time‑and‑date-marked copy with title and text that is identical to the time‑and‑date-marked copy are invalid.
C. The person before whom the signatures, names and addresses were written on the signature sheet shall, on the affidavit form pursuant to this section, shall subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed by the elector and the circulator on the date indicated, and that in his belief each signer was a qualified elector of a certain county of the state, or, in the case of a city, town or county measure, of the city, town or county affected by the measure on the date indicated, that signature lines that do not contain a signature are marked with a line drawn through them or have the designation "N/A" or similar notation before submittal, and that at all times during circulation of the signature sheet a copy of the title and text was attached to the signature sheet. Circulators who are not residents of this state must be registered as circulators with the secretary of state before circulating petitions. Signatures collected by circulators who have not registered with the secretary of state are invalid and shall not be counted. The secretary of state shall provide for a method of receiving service of process for those petition circulators who register pursuant to this subsection. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16‑452 a procedure for registering circulators and receiving service of process. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. However, if signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county that are most numerous on the signature sheet shall be counted. Signature and handwriting comparisons may be made.
D. The affidavit shall be in the following form printed on the reverse side of each signature sheet:
Affidavit of Circulator
State of Arizona )
) ss.:
County of ___________)
(Where notarized)
I, (print name) , a person who is not required to be a resident of this state but who is otherwise qualified to register to vote in the county of _______, in the state of Arizona at all times during my circulation of this petition sheet, and, if not a resident of Arizona, who has registered with the secretary of state, and under the penalty of a class 1 misdemeanor, depose and say that subject to section 19‑115, Arizona Revised Statutes, each individual printed the individual's own name and address and signed this sheet of the foregoing petition in my presence on the date indicated and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county measure, of the city, town or county affected by the measure proposed to be initiated or referred to the people) and that at all times during circulation of this signature sheet a copy of the title and text was attached to the signature sheet.
(Signature of affiant) ____________________
(Residence address, street
and number of affiant with
city, state and zip code,
or if no street address, a
description of residence
location)
_________________________________
Subscribed and sworn to before me on __________________ __
(date)
__________________________________
Notary Public
___________________________, Arizona.
My commission expires on _________________.
(date)
(form shall include a designated location for notary stamp)
E. The eight point type required by subsection B of this section shall not apply to maps, charts or other graphics.
Sec. 6. Section 19-121, Arizona Revised Statutes, is amended to read:
19-121. Signature sheets; petitions; form; procedure for filing
A. Signature sheets filed shall:
1. Be in the form prescribed by law.
2. Have printed in its their lower right‑hand corner, on each side of such sheet sheets, the official serial number assigned to the petition by the secretary of state.
3. Be attached to a full and correct copy of the title and text of the measure, or amendment to the constitution, proposed or referred by the petition. The secretary of state's time‑and‑date‑marked copy of the measure or constitutional amendment constitutes the full and correct copy and is the only valid copy of the title and text of the measure for circulation for signatures.
4. Be printed in at least eight point type.
5. Be printed in black ink on white or recycled white pages fourteen inches in width by eight and one‑half inches in length, with a margin of at least one‑half inch at the top and one‑fourth inch at the bottom of each page.
B. For the purposes of this chapter, a petition is filed when the petition sheets are tendered to the secretary of state, at which time a receipt is who shall immediately issued by the secretary of state issue a receipt based on an estimate made to the secretary of state of the purported number of sheets and signatures filed. After the issuance of the receipt, no additional petition sheets may be accepted for filing.
C. Petitions may be filed with the secretary of state in numbered sections for convenience in handling. Not more than fifteen signatures on one sheet shall be counted. Signature lines that do not contain a signature shall be marked with a line drawn through the blank signature area or with the designation "N/A" or similar notation that the signature area is blank.
D. Initiative petitions which that have not been filed with the secretary of state as of 5:00 p.m. on the day required by the constitution prior to before the ensuing general election after their issuance shall be null and void, but in no event shall the secretary of state accept an initiative petition which that was issued for circulation more than twenty‑four months prior to earlier than the issuance of the official canvass of the general election before the general election at which the measure is to be included on the ballot.
E. For the purposes of this article and article 4 of this chapter, the measure to be attached to the petition as enacted by the legislative body of an incorporated city, or town or a county means the adopted ordinance or resolution or, in the absence of a written ordinance or resolution, that portion of the minutes of the legislative body that reflects the action taken by that body when adopting the measure. In the case of zoning measures the measure shall also include a legal description of the property and any amendments made to the ordinance by the legislative body.
Sec. 7. 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 complete title and text of the measure that is marked by the official date and time of receipt by the secretary of state.
(b) The copy of the title and text from the remaining petition sheets.
(c) Those sheets not bearing the correct 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 and, for a nonresident circulator who is required to be registered with the secretary of state and who is not so registered at the time of circulation, those sheets circulated by that circulator.
(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, the notary is not eligible to act as notary for that circulator or the person signing as a notary is not a notary public. If the secretary of state is unable to determine whether the person is a notary public, the secretary of state shall not remove the sheets with that person's notarization.
(f) Those sheets on which the signatures of the circulator or the notary are dated earlier than the application date for that measure or 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.
(h) Those sheets on which the designation of paid circulator or volunteer circulator as prescribed by section 19‑101, subsection C is not checked or if both are checked.
(i) Those sheets on which unused signature lines are not marked with a line drawn through the unused signature lines or are not marked with an "N/A" or other similar notation.
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 destroyed after completion of the canvass.
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 or if both the city or town and the county of residence cannot be determined.
(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.
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. 8. Section 19-121.02, Arizona Revised Statutes, is amended to read:
19-121.02. Certification by county recorder
A. Within fifteen days, excluding Saturdays, Sundays and other legal holidays, after receiving the facsimile signature sheets from the secretary of state pursuant to section 19‑121.01, the county recorder shall determine which signatures of individuals whose names were transmitted shall be disqualified for any of the following reasons:
1. No residence address or description of residence location is provided.
2. No date of signing is provided.
3. The signature is illegible and the signer is otherwise unidentifiable.
4. The address provided is illegible or nonexistent.
5. The individual was not a qualified elector on the date of signing the petition.
6. The individual was a registered voter but was not at least eighteen years of age on the date of signing the petition or affidavit.
7. The signature was disqualified after comparison with the signature on the affidavit of registration.
8. If a petitioner signed more than once, all but one otherwise valid signature shall be disqualified.
9. For the same reasons any signatures or entire petition sheets could have been removed by the secretary of state pursuant to section 19‑121.01, subsection A, paragraph 1 or 3.
B. Within the same time period provided in subsection A of this section, the county recorder shall certify to the secretary of state the following:
1. The name of any individual whose signature was included in the random sample and disqualified by the county recorder together with the petition page and line number of the disqualified signature.
2. The total number of signatures selected for the random sample and transmitted to the county recorder for verification and the total number of random sample signatures disqualified.
C. The secretary of state shall prescribe the form of the county recorder's certification.
D. At the time of the certification, the county recorder shall:
1. Return the facsimile signature sheets to the secretary of state.
2. Send notice of the results of the certification by mail to the person or organization that submitted the initiative or referendum petitions and to the secretary of state.
Sec. 9. Section 19-121.04, Arizona Revised Statutes, is amended to read:
19-121.04. Disposition of petitions by secretary of state
A. Within seventy‑two hours, excluding Saturdays, Sundays and other legal holidays, after receipt of the facsimile signature sheets and the certification of each county recorder, the secretary of state shall determine the total number of valid signatures by subtracting from the total number of eligible signatures determined pursuant to section 19‑121.01, subsection A, paragraph 6 in the following order:
1. All signatures on petitions containing a defective circulator's affidavit.
2. All signatures that were found ineligible by the county recorders and that were not subtracted pursuant to paragraph 1 of this subsection.
3. After determining the percentage of all signatures found to be invalid in the random sample, a like percentage from those signatures remaining after the subtractions performed pursuant to paragraphs 1 and 2 of this subsection.
B. If the actual number of signatures on the remaining sheets after any such subtraction equals or exceeds the minimum number required by the constitution or if the number of valid signatures as projected from the random sample pursuant to subsection A of this section is at least one hundred per cent of the minimum number required by the constitution, the secretary of state shall issue the following receipt to the person or organization that submitted them:
___________________ signature pages bearing _____________ signatures for initiative (referendum) petition serial number ____ have been refused for filing in this office because the person circulating them was a county recorder or justice of the peace at the time of circulating the petition or due to defects in the circulator's affidavit as provided by law. A total of ________________ signatures included on the remaining petition sheets were found to be ineligible. Of the total random sample of _______________ signatures, a total of __________ signatures were invalidated by the county recorders resulting in a failure rate of _________ per cent. The actual number of remaining signatures for such initiative (referendum) petition number ________ are equal to or in excess of the minimum required by the constitution to place a measure on the general election ballot. The number of valid signatures filed with this petition, based on the random sample, appears to be at least one hundred five per cent of the minimum required or through examination of each signature has been certified to be greater than the minimum required by the constitution.
Date:_______________________ _______________________________ Secretary of State
(Seal)
The secretary of state shall then forthwith notify the governor that a sufficient number of signatures has been filed and that the initiative or referendum shall be placed on the ballot in the manner provided by law.
C. If the number of valid signatures as projected from the random sample is less than one hundred per cent of the minimum number required by the constitution or if the actual number of signatures on the remaining sheets after any such subtraction from the random sample or after certification fails to equal or exceed the minimum required by the constitution, the secretary of state shall immediately return retain the original signature sheets, in the form filed by him under section 19‑121, to until after the conclusion of any litigation regarding the measure or until the time has expired for any litigation. The secretary of state shall provide to the person or organization that submitted them, together with a certified statement that, for the following reasons, the petition lacks the minimum number of signatures to place it on the general election ballot:
1. Signature sheets bearing secretary of state page numbers _________ and bearing signatures of ____________ persons appeared on petitions containing a defective circulator's affidavit signature pages that were required to be removed.
2. A total of signatures on the remaining petition sheets were found to be ineligible.
3. A total of signatures included in the random sample have been certified by the county recorders as ineligible at the time such petition was signed and a projection from such random sample has indicated that _____________ more signatures are ineligible to appear on the petition.
A facsimile of the certifications of the county recorders under section 19‑121.02 shall accompany the signature sheets returned to the person or organization that submitted them.
Sec. 10. Title 19, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 19-201.01, to read:
19-201.01. Legislative findings and intent; strict compliance
The legislature finds and determines that strict compliance with the application and enforcement of the constitutional and statutory requirements for recall provide the surest method for safeguarding the integrity and accuracy of the recall process. Therefore, the legislature declares that the constitutional and statutory requirements for recall be strictly construed and that persons using the recall process strictly comply with those constitutional and statutory requirements.
Sec. 11. Section 19-202.01, Arizona Revised Statutes, is amended to read:
19-202.01. Application for recall petition
A. A person or organization intending to file a recall petition shall, before causing the petition to be printed and circulated, submit an application setting forth his the following:
1. The person's name and address or, if an organization, its name and address and the names and titles of its officers. , address, his
2. The person or organization's intention to circulate and submit such a recall petition. ,
3. The text of the general statement required by section 19‑203 and a request for issuance of an official number to be printed on the signature sheets of the petition.
B. Such The application and petition shall be submitted as a single document to the office of secretary of state if for recall of a state officer, including a member of the state legislature, or a member of Congress, and with the county officer in charge of elections if for a county or district officer or superior court judge, with the city or town clerk if for a city or town officer and with the county school superintendent if for a governing board member of a school district.
B. C. On receipt of the application and petition, the receiving officer shall forthwith assign a number to the petition, which number shall appear in the lower right‑hand corner on each side of each signature sheet, and issue that number to the applicant. A record shall be maintained by the receiving officer of each application received, of the date of its receipt and of the number assigned and issued to the applicant.
D. When the application is received by the filing officer and marked by the filing officer with an official date and time of receipt, the time‑and‑date‑marked application, including the general statement required by section 19-203, constitutes the official copy of the text of the recall and shall be used in all instances as the text of the recall. For any subsequent change in the text of the recall by the applicant, including any change in the general statement required by section 19-203, the applicant shall file a new application, shall receive a new official serial number and shall use as the text of the recall the TIME-AND-DATE-MARKED TEXT THAT ACCOMPANIED THE NEW APPLICATION.
Sec. 12. Section 19-203, Arizona Revised Statutes, is amended to read:
19-203. Recall petition; contents; submission for verification; nonacceptance
A. A recall petition shall contain a general statement of not more than two hundred words stating the grounds of the demand for the recall. The petition shall be submitted for verification of signatures to one of the following:
1. The office of the secretary of state if for a state officer, including a member of the legislature or a member of Congress. , with
2. The county officer in charge of elections if for a county or district officer or superior court judge. , with
3. The city or town clerk if for a city or town officer and with the county school superintendent if for a governing board member of a school district.
B. No recall petition is considered filed for purposes of this chapter until the verification process is complete and the petition is filed pursuant to section 19‑208.03, subsection A, paragraph 1.
B. C. A recall petition shall not be accepted for such verification if more than one hundred twenty days have passed since the date of submission of the application for recall petition, as prescribed by section 19‑202.01.
D. The filing officer's time‑and‑date-marked copy of the application, including the general statement of the grounds for recall, constitutes the full and correct copy of the recall text and is the only valid copy for circulation for signatures. Signatures that are collected with any copy of the recall text that is not a facsimile of the time‑and‑date‑marked copy with the complete text that is identical to the time‑and‑date-marked copy are invalid.
Sec. 13. Section 19-204, Arizona Revised Statutes, is amended to read:
19-204. Form of petition; circulators
A. The caption and body of a recall petition shall be substantially as follows:
Recall Petition
We, the qualified electors of the electoral district from which _________________________________________ (name and title of office) was elected, demand his recall
The grounds of this demand for recall are as follows:
(State in two hundred words or less the grounds of the demand)
B. Each petition sheet shall have printed in capital letters in no less than twelve point bold‑faced type in the upper right‑hand corner of the face of the petition sheet the following:
"___________ paid circulator" "______________ volunteer".
C. A circulator of a recall petition shall state whether he is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures.
D. Signatures obtained on recall petitions in violation of subsection C of this section are void and shall not be counted in determining the legal sufficiency of the petition. The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section.
B. E. The remaining portion of the petition shall be as prescribed for initiative and referendum except that a designation for paid or volunteer circulators is not required on the petition and signatures are valid without regard to whether they were collected by a paid or volunteer circulator.
Sec. 14. Section 19-208.01, Arizona Revised Statutes, is amended to read:
19-208.01. Certification of number of signatures
A. Within ten twenty days after submission of a recall petition for verification of signatures pursuant to section 19‑203, the receiving officer shall perform the steps prescribed in section 19‑121.01, subsection A. If the total number of signatures eligible for verification equals or exceeds the minimum number required by the Arizona Constitution the receiving officer shall reproduce a facsimile of the front of each signature sheet on which any signature eligible for verification appears. The receiving officer shall transmit promptly to each county recorder facsimile sheets on which a signature of any individual claiming to be a qualified elector of that county appears. The receiving officer shall also certify the number of sheets and signatures on the sheets that are being transmitted and retain a record of such certification in his office. Such receiving officer shall obtain a dated, signed receipt from the county recorder for copies of the original signature sheets transmitted under this section.
B. If the number of signatures on the sheets submitted to the receiving officer does not equal the minimum number required by the constitution, he the receiving officer shall so notify the person or organization submitting them and shall return the sheets to the persons or organization.
Sec. 15. Section 19-208.02, Arizona Revised Statutes, is amended to read:
19-208.02. Certification by county recorder
A. For a statewide or countywide recall, within ninety days after receipt of the signature sheets from the receiving officer, and for an office other than a statewide or countywide office, within sixty days after receipt of the signature sheets from the receiving officer, the county recorder shall determine the number of signatures or affidavits of individuals whose names were transmitted that must be disqualified for any of the reasons set forth in section 19‑121.02, subsection A, and shall include in that number and shall disqualify those signatures of persons who are not registered on the date of signing in the electoral district of the officer who is the subject of the recall petition. The county recorder shall certify such that number to the receiving officer in the form prescribed by the secretary of state.
B. At the time of such certification, the county recorder shall:
1. Return the original signature sheets to the receiving officer, obtaining a dated, signed receipt therefor.
2. Send notice of the results of certification by mail to the person or organization that submitted the recall petitions and to the secretary of state.
Sec. 16. Section 19-208.03, Arizona Revised Statutes, is amended to read:
19-208.03. Disposition of petition; date of filing
A. Within five days, excluding Saturday, Sunday and legal holidays, seventy‑two hours after the county recorders have certified the number of qualified signatures to a petition, or sooner if a sufficient number of signatures have been certified to qualify for placement of the recall on the ballot, the receiving officer shall total the number of signatures certified, and:
1. If the number equals or exceeds the minimum number required by the Constitution, he the receiving officer shall forthwith officially file the petition, notify the governor and each county recorder affected, stating that no more signatures need be checked, and the recall shall be placed on the ballot in the manner provided by law.
2. If the number is insufficient to qualify for calling a recall election the receiving officer shall follow the procedure prescribed by section 19‑208.01, subsection B.
B. The date of filing the petition as provided for in subsection A, paragraph 1, of this section is the date of filing referred to in sections 19‑207, 19‑208 and 19‑209.
Sec. 17. Section 19-209, Arizona Revised Statutes, is amended to read:
19-209. Order for special recall election
A. If the officer against whom a petition is filed does not resign within five days, excluding Saturdays, Sundays and other legal holidays, after the filing as determined pursuant to section 19‑208.03, the order calling a special recall election shall be issued within fifteen days and shall be ordered to be held on the next following consolidated election date pursuant to section 16‑204 that is ninety one hundred twenty days or more after the order calling the election.
B. A recall election shall be called:
1. If for a state office, including a member of the legislature, by the governor.
2. If for a county officer, or judge or other officer of the superior court in a county, by the board of supervisors of that county.
3. If for a city or town officer, by the legislative body of the city or town.
4. If for a member of a school district governing board, by the county school superintendent of the county in which the school district is located.
C. If a recall petition is against an officer who is directed by this section to call the election it shall be called:
1. If for a state office, by the secretary of state.
2. If for a county office, by the clerk of the superior court.
3. If for a city or town office, by the city or town clerk.
