state of arizona secretary of state e … 2005 welcome from the arizona capitol in phoenix. the...

August 2005Welcome from the Arizona Capitol in Phoenix. The Secretary of State’s Office publishes this booklet as a guide for those interested in campaign contributions and expenses.Your comments about any of our publications are appreciated.

JAN BREWERSecretary of State

August 2005

State of Arizona Secretary of Statee-mail: [email protected]

Arizona Revised StatutesTitle 16, Chapter 6

A message from Secretary Brewer

August 22, 2005

Thank you for your interest to learn more about Title 16, Chapter 6 of the Ari-

zona Revised Statutes. This guide will help in your understanding Campaign

Contributions and Expenses.

Additional copies of this book are available from our office. Call 602-542-8683 to

reserve your free copy. Additional publications are available on our Web site at

www.azsos.gov. Refer to the Election Services link.

If you need further assistance, contact our office.

Sincerely,

Janice K. Brewer

Arizona Secretary of State

Capitol Office (Mailing Address)

1700 W. Washington Street, 7th Fl.

Phoenix, Arizona 85007

Phone: 602.542.4285

Toll-free 1-877-THE VOTE

TDD: 602.255.8683

Customer Service Center

14 N. 18th Ave.

Phoenix, Arizona

Phone: 602.542.6187

Fax: 602.542.7386

For additional copies of this booklet send your request to:

Secretary of State

Attention: Election Services Division

1700 W. Washington, 7th Fl.

Phoenix, Arizona 85007

Visit us on the World Wide Web at www.azsos.gov

e-mail: [email protected]

A publication of the Arizona Secretary of State’s OfficeState Capitol, Phoenix, Arizona

Jan Brewer

Arizona Secretary of State

The Office of the Secretary of State is an equal opportunity employer. Requests for alternate formats or accommoda-tions can be made five days in advance by contacting the Secretary of State ADA Coordinator at 602.542.4285.

A n A r i z o n a S e c r e t a r y o f S t a t e p u b l i c a t i o n Campaign Contributions and Expenses

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A r i z o n a S e c r e t a r y o f S t a t e

TABLE OF CONTENTSA.R.S. TITLE 16, CHAPTER 6

CAMPAIGN CONTRIBUTIONS AND EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4ARTICLE 1. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4§ 16-901. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4§ 16-901.01 Limitations on certain unreported expenditures and contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7§ 16-902. Organization of political committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7§ 16-902.01 Registration of political committees; contents; amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7§ 16-902.02 Out-of-state political committees; registration; initial reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8§ 16-903. Candidate's campaign committees; exploratory committees; designation; candidate

as agent; civil penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8§ 16-904. Treasurer; duties; records; civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8§ 16-905. Contribution limitations*; civil penalty; complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9§ 16-906. Loans; repayments; guarantors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12§ 16-907. Prohibited contributions; classification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12§ 16-912. Candidates and independent expenditures; campaign literature and

advertisement sponsors; identification; civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12§ 16-912.01 Ballot measure committees; campaign literature and advertising funding;

identification; disclosure; civil penalty; definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12§ 16-913. Campaign finance reports; reporting of receipts and disbursements; exemptions; civil penalty . . . . . . . . 13§ 16-914. Termination statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14§ 16-914.01 Reporting of contributions by committees acting on ballot measures; civil penalty; definition . . . . . . . . . 14§ 16-915. Contents of campaign finance reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15§ 16-915.01 Disposal of surplus monies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16§ 16-916. Filing statements of contributions and expenditures; public inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16§ 16-916.01 Electronic filing; statements of contributions and expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17§ 16-917. Independent expenditures; in-kind contribution; civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17§ 16-918. Campaign finance reports; notice; civil penalty; prohibition on candidacy. . . . . . . . . . . . . . . . . . . . . . . . . . 17§ 16-919. Prohibition of contributions by corporations, limited liability company or labor

organizations; exemption; classification; definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18§ 16-920. Permitted expenditures by corporations and labor organizations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19§ 16-921. Unlawful contributions by corporations and labor organizations from a fund; procedures; definition. . . . 19§ 16-923. Volunteering services for expected compensation; classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20§ 16-924. Civil penalties; attorney general; county, city or town attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20§ 16-925. Deceptive mailings; civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20ARTICLE 2. CITIZENS CLEAN ELECTIONS ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21§ 16-940. Findings and declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21§ 16-941. Limits on spending and contributions for political campaigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21§ 16-942. Civil penalties and forfeiture of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21§ 16-943. Criminal violations and penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22§ 16-944. Fees imposed on lobbyists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22§ 16-945. Limits on early contributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22§ 16-946. Qualifying contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22§ 16-947. Certification as a participating candidate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23§ 16-948. Controls on participating candidates' campaign accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23§ 16-949. Caps on spending from citizens clean elections fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23§ 16-950. Qualification for clean campaign funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23§ 16-951. Clean campaign funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24§ 16-952. Equal funding of candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24§ 16-953. Return of monies to the citizens clean elections fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25§ 16-954. Clean elections tax reduction; return of excess monies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26§ 16-955. Citizens clean election commission; structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26§ 16-956. Voter education and enforcement duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27§ 16-957. Enforcement procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28§ 16-958. Manner of filing reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28§ 16-959. Inflationary and other adjustments of dollar values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29§ 16-960. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29§ 16-961. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292005-2006 ELECTION CYCLE CAMPAIGN CONTRIBUTION LIMITS . . . . . . . . . . . .Chart in back of publication

* See adjustments made to these limits by the Citizen’s Clean Elections Act, A.R.S. 16-941(B) and the contributions limits chart in back.

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Campaign Contributions and Expenses A n A r i z o n a S e c r e t a r y o f S t a t e p u b l i c a t i o n

CHAPTER 6. CAMPAIGN CONTRIBUTIONS AND EXPENSESARTICLE 1. GENERAL PROVISIONS

§ 16-901. DefinitionsIn this chapter, unless the context otherwise requires:1. “Agent” means, with respect to any person other

than a candidate, any person who has oral or writtenauthority, either express or implied, to make orauthorize the making of expenditures as defined inthis section on behalf of a candidate, any person whohas been authorized by the treasurer of a politicalcommittee to make or authorize the making of expen-ditures or a political consultant for a candidate orpolitical committee.

2. “Candidate” means an individual who receives orgives consent for receipt of a contribution for hisnomination for or election to any office in this stateother than a federal office.

3. “Candidate's campaign committee” means a politicalcommittee designated and authorized by a candidate.

4. “Clearly identified candidate” means that the name,a photograph or a drawing of the candidate appearsor the identity of the candidate is otherwise apparentby unambiguous reference.

5. “Contribution” means any gift, subscription, loan,advance or deposit of money or anything of valuemade for the purpose of influencing an electionincluding supporting or opposing the recall of a pub-lic officer or supporting or opposing the circulation ofa petition for a ballot measure, question or proposi-tion or the recall of a public officer and:(a) Includes all of the following:

(i) A contribution made to retire campaigndebt.

(ii) Money or the fair market value of anythingdirectly or indirectly given or loaned to anelected official for the purpose of defrayingthe expense of communications with constit-uents, regardless of whether the elected offi-cial has declared his candidacy.

(iii) The entire amount paid to a political com-mittee to attend a fund-raising or otherpolitical event and the entire amount paid toa political committee as the purchase pricefor a fund-raising meal or item, except thatno contribution results if the actual cost ofthe meal or fund-raising item, based on theamount charged to the committee by thevendor, constitutes the entire amount paidby the purchaser for the meal or item, themeal or item is for the purchaser's personaluse and not for resale and the actual cost isthe entire amount paid by the purchaser inconnection with the event. This exceptiondoes not apply to auction items.

(iv) Unless specifically exempted, the provisionof goods or services without charge or at acharge that is less than the usual and nor-mal charge for such goods and services.

(b) Does not include any of the following:(i) The value of services provided without com-

pensation by any individual who volunteerson behalf of a candidate, a candidate's cam-paign committee or any other political com-mittee.

(ii) Money or the value of anything directly orindirectly provided to defray the expense ofan elected official meeting with constituentsif the elected official is engaged in the per-formance of the duties of his office or pro-vided by the state or a political subdivisionto an elected official for communication withconstituents if the elected official is engagedin the performance of the duties of his office.

(iii) The use of real or personal property, includ-ing a church or community room used on aregular basis by members of a communityfor noncommercial purposes, that isobtained by an individual in the course ofvolunteering personal services to any candi-date, candidate's committee or politicalparty, and the cost of invitations, food andbeverages voluntarily provided by an indi-vidual to any candidate, candidate's cam-paign committee or political party inrendering voluntary personal services on theindividual's residential premises or in thechurch or community room for candi-date-related or political party-related activi-ties, to the extent that the cumulative valueof the invitations, food and beverages pro-vided by the individual on behalf of any sin-gle candidate does not exceed one hundreddollars with respect to any single election.

(iv) Any unreimbursed payment for personaltravel expenses made by an individual whoon his own behalf volunteers his personalservices to a candidate.

(v) The payment by a political party for partyoperating expenses, party staff and person-nel, party newsletters and reports, voterregistration and efforts to increase voterturnout, party organization building andmaintenance and printing and postageexpenses for slate cards, sample ballots,other written materials that substantiallypromote three or more nominees of the partyfor public office and other election activitiesnot related to a specific candidate, exceptthat this item does not apply to costsincurred with respect to a display of the list-ing of candidates made on telecommunica-tions systems or in newspapers, magazinesor similar types of general circulation adver-tising.

(vi) Independent expenditures.(vii) Monies loaned by a state bank, a federally

chartered depository institution or a deposi-tory institution the deposits or accounts ofwhich are insured by the federal depositinsurance corporation or the national creditunion administration, other than an over-draft made with respect to a checking orsavings account, that is made in accordancewith applicable law and in the ordinarycourse of business. In order for this exemp-tion to apply, this loan shall be deemed aloan by each endorser or guarantor, in thatproportion of the unpaid balance that each


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endorser or guarantor bears to the totalnumber of endorsers or guarantors, the loanshall be made on a basis that assures repay-ment, evidenced by a written instrument,shall be subject to a due date or amortiza-tion schedule and shall bear the usual andcustomary interest rate of the lending insti-tution.

(viii)A gift, subscription, loan, advance or depositof money or anything of value to a nationalor a state committee of a political party spe-cifically designated to defray any cost for theconstruction or purchase of an office facilitynot acquired for the purpose of influencingthe election of a candidate in any particularelection.

(ix) Legal or accounting services rendered to oron behalf of a political committee or a candi-date, if the only person paying for the ser-vices is the regular employer of theindividual rendering the services and if theservices are solely for the purpose of compli-ance with this title.

(x) The payment by a political party of the costsof campaign materials, including pins,bumper stickers, handbills, brochures, post-ers, party tabloids and yard signs, used bythe party in connection with volunteer activ-ities on behalf of any nominee of the party orthe payment by a state or local committee ofa political party of the costs of voter regis-tration and get-out-the-vote activities con-ducted by the committee if the payments arenot for the costs of campaign materials oractivities used in connection with any tele-communication, newspaper, magazine, bill-board, direct mail or similar type of generalpublic communication or political advertis-ing.

(xi) Transfers between political committees todistribute monies raised through a jointfund-raising effort in the same proportion toeach committee's share of the fund-raisingexpenses and payments from one politicalcommittee to another in reimbursement of acommittee's proportionate share of itsexpenses in connection with a jointfund-raising effort.

(xii) An extension of credit for goods and servicesmade in the ordinary course of the creditor'sbusiness if the terms are substantially simi-lar to extensions of credit to nonpoliticaldebtors that are of similar risk and size ofobligation and if the creditor makes a com-mercially reasonable attempt to collect thedebt, except that any extension of creditunder this item made for the purpose ofinfluencing an election which remainsunsatisfied by the candidate after sixmonths, notwithstanding good faith collec-tion efforts by the creditor, shall be deemedreceipt of a contribution by the candidatebut not a contribution by the creditor.

(xiii)Interest or dividends earned by a politicalcommittee on any bank accounts, deposits orother investments of the political committee.

6. “Earmarked” means a designation, instruction orencumbrance that results in all or any part of a con-tribution or expenditure being made to, or expendedon behalf of, a clearly identified candidate or a candi-date's campaign committee.

7. “Election” means any election for any initiative, ref-erendum or other measure or proposition or a pri-mary, general, recall, special or runoff election forany office in this state other than the office of pre-cinct committeeman and other than a federal office.For purposes of sections 16-903 and 16-905, the gen-eral election includes the primary election.

8. “Expenditures” includes any purchase, payment, dis-tribution, loan, advance, deposit or gift of money oranything of value made by a person for the purposeof influencing an election in this state including sup-porting or opposing the recall of a public officer orsupporting or opposing the circulation of a petitionfor a ballot measure, question or proposition or therecall of a public officer and a contract, promise oragreement to make an expenditure resulting in anextension of credit and the value of any in-kind con-tribution received. Expenditure does not include anyof the following:(a) A news story, commentary or editorial distrib-

uted through the facilities of any telecommuni-cations system, newspaper, magazine or otherperiodical publication, unless the facilities areowned or controlled by a political committee,political party or candidate.

(b) Nonpartisan activity designed to encourage indi-viduals to vote or to register to vote.

(c) The payment by a political party of the costs ofpreparation, display, mailing or other distribu-tion incurred by the party with respect to anyprinted slate card, sample ballot or other printedlisting of three or more candidates for any publicoffice for which an election is held, except thatthis subdivision does not apply to costs incurredby the party with respect to a display of any list-ing of candidates made on any telecommunica-tions system or in newspapers, magazines orsimilar types of general public political advertis-ing.

(d) The payment by a political party of the costs ofcampaign materials, including pins, bumperstickers, handbills, brochures, posters, party tab-loids and yard signs, used by the party in con-nection with volunteer activities on behalf of anynominee of the party or the payment by a stateor local committee of a political party of the costsof voter registration and get-out-the-vote activi-ties conducted by the committee if the paymentsare not for the costs of campaign materials oractivities used in connection with any telecom-munications system, newspaper, magazine, bill-board, direct mail or similar type of generalpublic communication or political advertising.

(e) Any deposit or other payment filed with the sec-retary of state or any other similar officer to payany portion of the cost of printing an argumentin a publicity pamphlet advocating or opposing aballot measure.

9. “Exploratory committee” means a political committeethat is formed for the purpose of determiningwhether an individual will become a candidate andthat receives contributions or makes expenditures of

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more than five hundred dollars in connection withthat purpose.

10. “Family contribution” means any contribution that isprovided to a candidate's campaign committee by aparent, grandparent, spouse, child or sibling of thecandidate or a parent or spouse of any of those per-sons.

11. “Filing officer” means the office that is designated bysection 16-916 to conduct the duties prescribed bythis chapter.

12. “Identification” means:(a) For an individual, his name and mailing

address, his occupation and the name of hisemployer.

(b) For any other person, including a political com-mittee, the full name and mailing address of theperson. For a political committee, identificationincludes the identification number issued on thefiling of a statement of organization pursuant tosection 16-902.01.

13. “Incomplete contribution” means any contributionreceived by a political committee for which the con-tributor's mailing address, occupation, employer oridentification number has not been obtained and isnot in the possession of the political committee.

14. “Independent expenditure” means an expenditure bya person or political committee, other than a candi-date's campaign committee, that expressly advocatesthe election or defeat of a clearly identified candi-date, that is made without cooperation or consulta-tion with any candidate or committee or agent of thecandidate and that is not made in concert with or atthe request or suggestion of a candidate, or any com-mittee or agent of the candidate. Independent expen-diture includes an expenditure that is subject to therequirements of section 16-917 which requires a copyof campaign literature or advertisement to be sent toa candidate named or otherwise referred to in the lit-erature or advertisement. An expenditure is not anindependent expenditure if any of the followingapplies:(a) Any officer, member, employee or agent of the

political committee making the expenditure isalso an officer, member, employee or agent of thecommittee of the candidate whose election orwhose opponent's defeat is being advocated bythe expenditure or an agent of the candidatewhose election or whose opponent's defeat isbeing advocated by the expenditure.

(b) There is any arrangement, coordination or direc-tion with respect to the expenditure between thecandidate or the candidate's agent and the per-son making the expenditure, including anyofficer, director, employee or agent of that per-son.

(c) In the same election the person making theexpenditure, including any officer, director,employee or agent of that person, is or has been:(i) Authorized to raise or expend monies on

behalf of the candidate or the candidate'sauthorized committees.

(ii) Receiving any form of compensation or reim-bursement from the candidate, the candi-date's committees or the candidate's agent.

(d) The expenditure is based on information aboutthe candidate's plans, projects or needs, or those

of his campaign committee, provided to theexpending person by the candidate or by the can-didate's agents or any officer, member oremployee of the candidate's campaign committeewith a view toward having the expendituremade.

15. “In-kind contribution” means a contribution of goodsor services or anything of value and not a monetarycontribution.

16. “Itemized” means that each contribution received orexpenditure made is set forth separately.

17. “Literature or advertisement” means information ormaterials that are mailed, distributed or placed insome medium of communication for the purpose ofinfluencing the outcome of an election.

18. “Personal monies” means any of the following:(a) Assets to which the candidate has a legal right of

access or control at the time he becomes a candi-date and with respect to which the candidate haseither legal title or an equitable interest.

(b) Salary and other earned income from bona fideemployment of the candidate, dividends and pro-ceeds from the sale of the stocks or investmentsof the candidate, bequests to the candidate,income to the candidate from trusts establishedbefore candidacy, income to the candidate fromtrusts established by bequest after candidacy ofwhich the candidate is a beneficiary, gifts to thecandidate of a personal nature that have beencustomarily received before the candidacy andproceeds received by the candidate from lotteriesand other legal games of chance.

(c) The proceeds of loans obtained by the candidatethat are not contributions and for which the col-lateral or security is covered by subdivision (a) or(b) of this paragraph.

(d) Family contributions.19. “Political committee” means a candidate or any asso-

ciation or combination of persons that is organized,conducted or combined for the purpose of influencingthe result of any election or to determine whether anindividual will become a candidate for election in thisstate or in any county, city, town, district or precinctin this state, that engages in political activity inbehalf of or against a candidate for election or reten-tion or in support of or opposition to an initiative, ref-erendum or recall or any other measure orproposition and that applies for a serial number andcirculates petitions and, in the case of a candidate forpublic office except those exempt pursuant to section16-903, that receives contributions or makes expen-ditures in connection therewith, notwithstandingthat the association or combination of persons maybe part of a larger association, combination of per-sons or sponsoring organization not primarily orga-nized, conducted or combined for the purpose ofinfluencing the result of any election in this state orin any county, city, town or precinct in this state.Political committee includes the following types ofcommittees:(a) A candidate's campaign committee.(b) A separate, segregated fund established by a cor-

poration or labor organization pursuant to sec-tion 16-920, subsection A, paragraph 3.


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(c) A committee acting in support of or opposition tothe qualification, passage or defeat of a ballotmeasure, question or proposition.

(d) A committee organized to circulate or oppose arecall petition or to influence the result of arecall election.

(e) A political party.(f) A committee organized for the purpose of mak-

ing independent expenditures.(g) A committee organized in support of or opposi-

tion to one or more candidates.(h) A political organization.(i) An exploratory committee.

20. “Political organization” means an organization thatis formally affiliated with and recognized by a politi-cal party including a district committee organizedpursuant to section 16-823.

21. “Political party” means the state committee as pre-scribed by section 16-825 or the county committee asprescribed by section 16-821 of an organization thatmeets the requirements for recognition as a politicalparty pursuant to section 16-801 or section 16-804,subsection A.

22. “Sponsoring organization” means any organizationthat establishes, administers or contributes financialsupport to the administration of, or that has commonor overlapping membership or officers with, a politi-cal committee other than a candidate's campaigncommittee.

23. “Standing political committee” means a political com-mittee that is all of the following:(a) Active in more than one reporting jurisdiction in

this state for more than one year.(b) Files a statement of organization as prescribed

by section 16-902.01, subsection E.(c) Is any of the following as defined by paragraph

19 of this section:(i) A separate, segregated fund.(ii) A political party.(iii) A committee organized for the purpose of

making independent expenditures.(iv) A political organization.

24. “Statewide office” means the office of governor, secre-tary of state, state treasurer, attorney general, super-intendent of public instruction, corporationcommissioner or mine inspector.

25. “Surplus monies” means those monies of a politicalcommittee remaining after all of the committee'sexpenditures have been made and its debts havebeen extinguished.

§ 16-901.01 Limitations on certain unreportedexpenditures and contributionsA. For purposes of this chapter, “expressly advocates”

means:1. Conveying a communication containing a phrase

such as “vote for,” “elect,” “re-elect,” “support,”“endorse,” “cast your ballot for,” “(name of candi-date) in (year),” “(name of candidate) for (office),”“vote against,” “defeat,” “reject,” or a campaignslogan or words that in context can have no rea-sonable meaning other than to advocate the elec-tion or defeat of one or more clearly identifiedcandidates, or

2. Making a general public communication, such asin a broadcast medium, newspaper, magazine,billboard, or direct mailer referring to one or

more clearly identified candidates and targetedto the electorate of that candidate(s):

(a) That in context can have no reasonable meaningother than to advocate the election or defeat ofthe candidate(s), as evidenced by factors such asthe presentation of the candidate(s) in a favor-able or unfavorable light, the targeting, place-ment, or timing of the communication, or theinclusion of statements of the candidate(s) oropponents, or

(b) In the sixteen-week period immediately preced-ing a general election.

B. A communication within the scope of subsection A,paragraph 2 shall not be considered as one that“expressly advocates” merely because it presentsinformation about the voting record or position on acampaign issue of three or more candidates, so longas it is not made in coordination with a candidate,political party, agent of the candidate or party, or aperson who is coordinating with a candidate or candi-date’s agent.

§ 16-902. Organization of political committeesA. Each political committee shall have a chairman and

treasurer. The position of chairman and treasurer ofa single political committee may not be held by thesame individual, except that a candidate may bechairman and treasurer of his own campaign com-mittee.

B. The name of each political committee shall includethe name of any sponsoring organization, and, in thecase of a candidate's campaign committee, the com-mittee's name shall include the name of the candi-date, or, if for an exploratory committee, theindividual, who designated the committee pursuantto section 16-903.

C. Before a political committee accepts a contribution ormakes an expenditure it shall designate one or morestate banks, federally chartered depository institu-tions or depository institutions the deposits oraccounts of which are insured by the federal depositinsurance corporation or the national credit unionadministration as its campaign depository or deposi-tories. The political committee shall notify the filingofficer of the designation of the financial institutioneither at the time of filing the statement of organiza-tion pursuant to section 16-902.01 or within fivebusiness days after opening an account. All with-drawals or disbursements from these accountsrequire the signature of the treasurer or a designatedagent of the political committee.

§ 16-902.01. Registration of political committees;contents; amendmentA. Each political committee that intends to accept con-

tributions or make expenditures of more than fivehundred dollars shall file a statement of organizationwith the filing officer before accepting contributions,making expenditures, distributing any campaign lit-erature or circulating petitions. Each political com-mittee that intends to accept contributions or makeexpenditures of five hundred dollars or less shall filea signed exemption statement in a form prescribedby the filing officer that states that intention beforemaking any expenditures, accepting any contribu-tions, distributing any campaign literature or circu-lating petitions. If a political committee that has filed

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a five hundred dollar threshold exemption statementreceives contributions or makes expenditures of morethan five hundred dollars, that political committeeshall file a statement of organization with the filingofficer within five business days after exceeding thefive hundred dollar limit.

B. The statement of organization of a political commit-tee shall include all of the following:1. The name, address and type of committee.2. The name, address, relationship and type of any

sponsoring organization.3. The names, addresses, telephone numbers, occu-

pations and employers of the chairman and trea-surer of the committee.

4. In the case of a candidate's campaign committee,the name, address, office sought and party affili-ation of the candidate.

5. A listing of all banks, safety deposit boxes orother depositories used by the committee.

C. Except as prescribed by subsection E, on the filing ofa statement of organization, a political committeeshall be issued an identification number.

D. The political committee shall file an amended state-ment of organization reporting any change in theinformation prescribed in subsection B within fivebusiness days after the change.

E. A standing political committee shall file a statementof organization with the secretary of state and ineach jurisdiction in which the committee is active,and only the secretary of state shall issue an identifi-cation number for the committee. The statement oforganization shall include a statement with the nota-rized signature of the chairman or treasurer of thestanding political committee that declares the com-mittee's status as a standing political committee. Thesecretary of state may charge an annual fee for thefiling.

F. For a political committee that makes expenditures inan attempt to influence the results of a ballot propo-sition election, the statement of organization shallinclude in the name of the political committee astatement as to whether the political committee sup-ports or opposes the passage of the ballot measure.Within five days after receipt of an official serialnumber for the petition, the political committee shallfile an amended statement of organization that con-tains the official serial number for the petition.

§ 16-902.02. Out-of-state political committees; reg-istration; initial reportingA political committee that files a statement of organiza-tion in this state as prescribed by section 16-902.01, thatis registered in another state or pursuant to federal lawand that intends to use in this state monies raised beforefiling its statement of organization shall also file com-plete copies of its previous campaign finance or other sim-ilar reports filed in those other jurisdictions that cover allcontributions or receipts for the preceding two years.

§ 16-903. Candidate's campaign committees; explor-atory committees; designation; candidate as agent;civil penaltyA. Each candidate who intends to receive contributions

or make expenditures of more than five hundred dol-lars in connection with a campaign for office shall

designate in writing a political committee for eachelection to serve as the candidate's campaign com-mittee. The candidate shall make the designationpursuant to this subsection by filing a statement oforganization before making any expenditures,accepting any contributions, distributing any cam-paign literature or circulating any petitions. Eachcandidate who intends to receive contributions ormake expenditures of five hundred dollars or lessshall file a signed exemption statement that statesthat intention before making any expenditures,accepting any contributions, distributing any cam-paign literature or circulating petitions. If a candi-date who has filed a five hundred dollar exemptionstatement receives contributions or makes expendi-tures of more than five hundred dollars, that candi-date shall file a statement of organization with thefiling officer within five business days after exceed-ing the five hundred dollar limit.

B. An individual who receives contributions or makesexpenditures of more than five hundred dollars forthe purpose of determining whether the individualwill become a candidate for election to an office inthis state shall designate in writing a political com-mittee to serve as the individual's exploratory com-mittee. The individual shall make the designationpursuant to this subsection before making anyexpenditures, accepting any contributions or distrib-uting any campaign literature.

C. An individual may have only one exploratory com-mittee in existence at one time. A candidate mayhave only one campaign committee designated foreach election, but a candidate may have more thanone campaign committee simultaneously in exist-ence.

D. A political committee that supports or has supportedanother candidate or more than one candidate maynot be designated as a candidate's campaign commit-tee.

E. Any candidate who receives a contribution or anyloan for use in connection with the campaign of thatcandidate for election or who makes a disbursementin connection with that campaign shall be deemed ashaving received the contribution or loan or as havingmade the disbursement as an agent of the candi-date's campaign committee for purposes of this arti-cle.

F. An elected official is not deemed to have offered him-self for nomination or election to an office or to havemade a formal, public declaration of candidacywithin the meaning of section 38-296 solely by hisdesignation of a candidate campaign committee.

G. A person who violates this section is subject to a civilpenalty imposed as prescribed in section 16-924 ofthree times the amount of money that has beenreceived, expended or promised in violation of thissection or three times the value in money for anequivalent of money or other things of value thathave been received, expended or promised in viola-tion of this section.

§ 16-904. Treasurer; duties; records; civil penaltyA. No expenditure may be made for or on behalf of a

political committee without the authorization of thetreasurer or his designated agent.


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B. The treasurer shall maintain a record of all pettycash disbursements pursuant to subsection E, para-graph 4 of this section.

C. All receipts received by a political committee shall bedeposited in an account designated pursuant to sec-tion 16-902, subsection C. All monies of a politicalcommittee shall be segregated from, and may not becommingled with, the monies of any individual otherthan contributions by an individual.

D. A political committee shall exercise its best efforts toobtain the required information for any incompletecontribution received that is required to be itemizedon a campaign finance report pursuant to section16-915, subsection A, paragraph 3. A political com-mittee will not be deemed to have exercised bestefforts to obtain the required information unless thetreasurer or his agent has made at least one effortafter the receipt of the contribution to obtain themissing information by a written request sent to thecontributor or by oral contact with the contributordocumented in writing and shall comply with the fol-lowing:1. The request must clearly ask for the missing

information and inform the contributor that thecommittee is required by law to obtain the mail-ing address, occupation and employer of eachindividual contributor and the mailing addressand identification number of each political com-mittee contributor.

2. Any information required for the identificationof a contributor received by the political commit-tee after the contribution has been disclosed on acampaign finance report required pursuant tosection 16-913 shall be reported on an amendedreport.

E. The treasurer of a political committee is the custo-dian of the committee's books and accounts and shallkeep an account of all of the following:1. All contributions or other monies received by or

on behalf of the political committee.2. The identification of any individual or political

committee that makes any contribution togetherwith the date and amount of each contributionand the date of deposit into a designatedaccount.

3. Cumulative totals contributed by each individ-ual or political committee.

4. The name and address of every person to whomany expenditure is made, the date, amount andpurpose or reason for the expenditure and,except in the case of an expenditure by a candi-date's campaign committee, the name of the can-didate and the office sought by the candidate ifthe expenditure was made on behalf of or inopposition to a candidate.

5. All periodic or other statements for each accountdesignated pursuant to section 16-902, subsec-tion C.

F. Unless specified by the contributor or contributors tothe contrary, the treasurer shall record a contribu-tion made by check, money order or other writteninstrument as a contribution by the person whosesignature or name appears on the bottom of theinstrument or who endorses the instrument beforedelivery to the committee. If a contribution is madeby more than one person in a single written instru-

ment, the treasurer shall record the amount to beattributed to each contributor as specified.

G. All contributions other than in-kind contributionsmust be made by a check drawn on the account of theactual contributor or by a money order or a cashier'scheck containing the name of the actual contributoror must be evidenced by a written receipt with a copyof the receipt given to the contributor and a copymaintained in the contribution records of the recipi-ent.

H. The treasurer shall preserve all records required tobe kept by this section and copies of all financereports required to be filed by this article for threeyears after the filing of the finance report coveringthe receipts and disbursements evidenced by therecords.

I. On request of the attorney general, the county, city ortown attorney or the filing officer, the treasurer shallprovide any of the records required to be kept pursu-ant to this section.

J. A person who violates this section is subject to a civilpenalty imposed as prescribed in section 16-924 ofthree times the amount of money that has beenreceived, expended or promised in violation of thissection or three times the value in money for anequivalent of money or other things of value that hasbeen received, expended or promised in violation ofthis section.

§ 16-905. Contribution limitations*; civil penalty;complaint

A. For an election other than for a statewide office, acontributor shall not give and an exploratory com-mittee, a candidate or a candidate's campaign com-mittee shall not accept contributions of more than:1. Three hundred dollars from an individual.2. Three hundred dollars from a single political

committee, excluding a political party, not certi-fied under subsection I of this section to makecontributions at the higher limits prescribed byparagraph 3 of this subsection and subsection B,paragraph 3 of this section.

3. One thousand five hundred ten dollars from asingle political committee, excluding a politicalparty, certified pursuant to subsection I of thissection.

B. For an election for a statewide office, a contributorshall not give and an exploratory committee, a candi-date or a candidate's committee shall not accept con-tributions of more than:1. Seven hundred sixty dollars from an individual.2. Seven hundred sixty dollars from a single politi-

cal committee, excluding a political party, notcertified under subsection I of this section tomake contributions at the higher limits pre-scribed by subsection A, paragraph 3 and para-graph 3 of this subsection.

3. Three thousand seven hundred ninety dollarsfrom a single political committee excluding polit-ical parties certified pursuant to subsection I ofthis section.

* See adjustments made to these limits by the Citi-zen’s Clean Elections Act, A.R.S. 16-941(B) andthe contributions limits chart on Page 31.

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C. A candidate shall not accept contributions from allpolitical committees, excluding political parties, com-bined totaling more than seven thousand five hun-dred sixty dollars for an office other than a statewideoffice, or seventy-five thousand six hundred ten dol-lars for a statewide office.

D. A nominee of a political party shall not accept contri-butions from all political parties or political organiza-tions combined totaling more than seven thousandfive hundred sixty dollars for an election for an officeother than a statewide office, and seventy-five thou-sand six hundred ten dollars for an election for astatewide office.

E. An individual shall not make contributions totalingmore than two thousand eight hundred twenty dol-lars in a calendar year to state and local candidates,political committees contributing to state or localcandidates, and political committees advocating theelection or defeat of state or local candidates. Contri-butions to political parties are exempt from the limi-tations of this subsection.

F. The use of a candidate's personal monies is not sub-ject to the limitations of this section but affects theapplication of these limitations to the candidate'sopponents as follows:1. For a candidate for an office other than a state-

wide office:(a) If a candidate contributes or promises

amounts of more than eleven thousand eighthundred forty dollars of those personal mon-ies, the candidate, within twenty-four hours,excluding Saturdays, Sundays and otherlegal holidays, shall give written notice bycertified mail of the amount contributed orpromised as of the date of the notice to allother candidates and the candidates’ cam-paign committees for the same office at theaddress on file with the filing officer and tothe filing officer. Other candidates for thesame office and contributors to those candi-dates are not subject to the limitations ofsubsections A, C and E of this section afterreceiving the notice until these candidatesreceive contributions totaling the amount ofpersonal monies contributed or promised bythe candidate giving this notice.

(b) For each additional accumulation of contri-butions or promises of that candidate's per-sonal monies that totals at least fivethousand nine hundred twenty dollars, thecandidate, within twenty-four hours exclud-ing Saturdays, Sundays and other legal holi-days, shall give written notice by certifiedmail of the amount contributed or promisedas of the date of the notice. The notice shallbe given as prescribed in subdivision (a) ofthis paragraph. Other candidates for thesame office and contributors to those candi-dates are not subject to the limitations ofsubsections A, C and E of this section afterreceiving the notice until these candidatesreceive contributions totaling the amount ofpersonal monies contributed or promised bythe candidate giving this notice.

2. For a candidate for a statewide office:

(a) If a candidate contributes or promisesamounts of more than twenty-three thou-sand six hundred seventy dollars of thosepersonal monies, the candidate, withintwenty-four hours, excluding Saturdays,Sundays and other legal holidays, shall givewritten notice by certified mail of theamount contributed or promised as of thedate of the notice to all other candidates andthe candidates’ campaign committees for thesame office at the address on file with thefiling officer and to the secretary of state.Other candidates for the same office andcontributors to those candidates are not sub-ject to the limitations of subsections B, Cand E of this section after receiving thenotice until these candidates receive contri-butions totaling the amount of personalmonies contributed or promised by the can-didate giving this notice.

(b) For each additional accumulation of contri-butions or promises of that candidate's per-sonal monies that totals at least eleventhousand eight hundred forty dollars, thecandidate, within twenty-four hours exclud-ing Saturdays, Sundays and other legal holi-days, shall give written notice of the amountcontributed or promised as of the date of thenotice. The notice shall be given as pre-scribed in subdivision (a) of this paragraph.Other candidates for the same office andcontributors to those candidates are not sub-ject to the limitations of subsections B, Cand E of this section after receiving thenotice until these candidates receive contri-butions totaling the amount of personalmonies contributed or promised by the can-didate giving this notice.

3. If any notice prescribed by this subsection is nottimely given the other candidates are not subjectto the limitations of subsections A, B and C ofthis section for an additional five hundred ninetydollars for each day the notice was delinquent.

4. Notwithstanding any other provision of this sub-section, the amount of contributions that a can-didate may receive and that is not subject to thelimitations of subsections A, B and C of this sec-tion shall not be greater than the largest amountof personal contributions, plus any additionalamounts due to delinquent notices, made by anyother single candidate for the same office.

G. The use of personal monies by an individual who des-ignates an exploratory committee is not subject tothe limitations of this section but is subject to the fol-lowing:1. If an individual who has designated a committee

for other than statewide office contributes orpromises to the committee an amount of per-sonal monies that is more than eleven thousandeight hundred forty dollars, the individual,within twenty-four hours excluding Saturdays,Sundays and other legal holidays, shall givewritten notice by certified mail of the amountcontributed or promised as of the date of thenotice to the filing officer.


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2. For each additional accumulation of contribu-tions or promises of the designating individual’spersonal monies that totals at least six thousanddollars, the individual, within twenty-four hoursexcluding Saturdays, Sundays and other legalholidays, shall give written notice by certifiedmail of the amount contributed or promised as ofthe date of the notice to the filing officer.

3. If an individual who has designated a committeefor statewide office contributes or promises tothe committee an amount of personal moniesthat is more than twenty-three thousand sixhundred seventy dollars, the individual, withintwenty-four hours excluding Saturdays, Sundaysand other legal holidays, shall give writtennotice by certified mail of the amount contrib-uted or promised as of the date of the notice tothe filing officer.

4. For each additional accumulation of contribu-tions or promises of the designating individual'spersonal monies that totals at least twelve thou-sand dollars, the individual, within twenty-fourhours excluding Saturdays, Sundays and otherlegal holidays, shall give written notice by certi-fied mail of the amount contributed or promisedas of the date of the notice to the filing officer.

H. A candidate’s campaign committee or an individual’sexploratory committee shall not make a loan andshall not transfer or contribute money to any othercampaign or exploratory committee that is desig-nated pursuant to this chapter or 2 United StatesCode section 431 except as follows:1. An exploratory committee may transfer monies

to a subsequent candidate's campaign committeeof the individual designating the exploratorycommittee, subject to the limits of subsection Bof this section.

2. A candidate's campaign committee may transferor contribute monies to another campaign com-mittee designated by the same candidate as fol-lows:(a) Subject to the contribution limits of this sec-

tion, transfer or contribute monies from onecommittee to another if both committeeshave been designated for an election in thesame year.

(b) Without application of the contribution lim-its of this section, transfer or contributemonies from one committee to another des-ignated for an election in a subsequent year.

I. Only political committees that received monies fromfive hundred or more individuals in amounts of tendollars or more in the one year period immediatelybefore application to the secretary of state for qualifi-cation as a political committee pursuant to this sec-tion may make contributions to candidates undersubsection A, paragraph 3 of this section and subsec-tion B, paragraph 3 of this section. The secretary ofstate shall obtain information necessary to make thedetermination that a committee meets the require-ments of this subsection and shall provide writtencertification of the fact to the committee. A politicalcommittee certification is valid for two years. A can-didate's campaign committee shall not accept a con-tribution pursuant to this subsection unless it isaccompanied by a copy of the certification. All politi-cal committees that do not meet the requirements of

this subsection are subject to the individual cam-paign contribution limits of subsection A, paragraph1 of this section and subsection B, paragraph 1 of thissection.

J. The secretary of state shall, biennially, adjust to thenearest ten dollars the amounts in subsections Athrough G of this section by the percentage change inthe consumer price index and publish the newamounts for distribution to election officials, candi-dates and campaign committees. In this subsection,“consumer price index” means the consumer priceindex for all urban consumers, United States cityaverage, that is published by the United StatesDepartment of Labor, Bureau of Labor Statistics.

K. The following specific limitations and proceduresapply:1. The limits of subsections A through D, F and G

of this section apply to each election for anyoffice or offices which the candidate seeks.

2. The limits of subsections A through C of this sec-tion apply to the total contributions from all sep-arate segregated funds established, as providedin section 16-920, by a corporation, labor organi-zation, trade association, cooperative or corpora-tion without capital stock.

3. A contribution by an unemancipated minor childshall be treated as a contribution by his custo-dial parent or parents for determining compli-ance with subsection A, paragraph 1, subsectionB, paragraph 1, and subsection E of this section.

4. A contribution by an individual or a single politi-cal committee to two or more candidates in con-nection with a joint fund-raising effort shall bedivided among the candidates in direct propor-tion to each candidate campaign committee'sshare of the expenses for the fund-raising effort.

5. A candidate shall sign and file with his nomina-tion paper a statement that he has read allapplicable laws relating to campaign financingand reporting.

6. An individual or political committee shall notuse economic influence to induce members of anorganization to make contributions to a candi-date, collect contributions from members of anorganization for transmittal to a candidate,make payments to candidates for public appear-ances or services which are ordinarily uncom-pensated or use any similar device to circumventany of the limitations of this section.

L. A person who violates this section is subject to a civilpenalty imposed as prescribed in section 16-924 ofthree times the amount of money that has beenreceived, expended or promised in violation of thissection or three times the value in money for anequivalent of money or other things of value thathave been received, expended or promised in viola-tion of this section.

M. Any qualified elector may file a sworn complaint withthe attorney general or the county attorney of thecounty in which a violation of this section is believedto have occurred, and the attorney general or thecounty attorney shall investigate the complaint forpossible action.

N. If the filing officer, attorney general or county attor-ney fails to institute an action within forty-five work-ing days after receiving a complaint under subsectionM of this section, then the individual filing the com-

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plaint may bring a civil action in his own name andat his own expense, with the same effect as if broughtby the filing officer, attorney general or county attor-ney. The individual shall execute a bond payable tothe defendant if the individual fails to prosecute theaction successfully. The court shall award to the pre-vailing party costs and reasonable attorney fees.

O. If a provision of this section or its application to anyperson or circumstance is held invalid, the invaliditydoes not affect other provisions or applications of thesection which can be given effect without the invalidprovision or application, and to this end the provi-sions of this section are severable.

P. If any notice prescribed by subsection F or G of thissection is not given in a timely manner, the designat-ing individual, in the case of an exploratory commit-tee, or the candidate, in the case of a candidate’scampaign committee, is subject to a civil penalty ofthree times the amount of personal monies that werecontributed, expended or promised in violation. Thecivil penalty shall be imposed as prescribed by sec-tion 16-924.

§ 16-906. Loans; repayments; guarantorsA. A loan to a political committee or to a candidate

made for the purpose of influencing an election thatexceeds the lender's contribution limitations pre-scribed in section 16-905 remains unlawful whetheror not it is repaid.

B. A loan to a political committee or to a candidatemade for the purpose of influencing an election madewithin the contribution limitations prescribed in sec-tion 16-905 remains a contribution to the extent itremains unpaid. A loan is no longer a contribution tothe extent it is repaid.

C. Except as provided in subsection D of this section,the making of a loan that is made for the purpose ofinfluencing an election results in a contribution byeach endorser or guarantor. The endorser's or guar-antor's contribution is that portion of the totalamount of the loan for which he agreed in writing tobe liable or, if not stated in writing, the contributionis in the same proportion to the unpaid balance thateach endorser or guarantor bears to the total numberof endorsers or guarantors. Any reduction in theunpaid balance of the loan reduces proportionatelythe amount of the contribution of each endorser orguarantor.

D. A loan obtained by a candidate on which the candi-date's spouse's signature is required if jointly ownedassets are used as collateral or security is not consid-ered a contribution from the candidate's spouse.

§ 16-907. Prohibited contributions; classificationA. Any person who makes a contribution in the name of

another person or who knowingly permits his nameto be used to effect such a contribution and any per-son who knowingly accepts a contribution made byone person in the name of another person is guilty ofa class 6 felony.

B. Except for a contribution to a candidate's campaigncommittee, an individual or political committee shallnot give and a political party or other political com-mittee shall not accept an earmarked contribution.

C. For purposes of this article, a contribution from part-nership funds shall only be made in the name of theindividual partners who make the contribution.

D. A standing political committee shall not act as a cam-paign committee or a sponsoring organization for anycandidate, initiative, referendum or recall but maycontribute to other political committees as providedby law.

§ 16-912. Candidates and independent expendi-tures; campaign literature and advertisementsponsors; identification; civil penaltyA. A political committee that makes an expenditure for

campaign literature or advertisements thatexpressly advocate the election or defeat of any can-didate or that make any solicitation of contributionsto any political committee shall be registered pursu-ant to this chapter at the time of distribution, place-ment or solicitation and shall include on theliterature or advertisement the following words “paidfor by” followed by the name of the committee thatappears on its statement of organization or five hun-dred dollar exemption statement.

B. If the expenditure for the campaign literature oradvertisements by a political committee is an inde-pendent expenditure, the political committee, inaddition to the disclosures required by subsection Aof this section, shall include on the literature oradvertisement the names and telephone numbers ofthe three political committees making the largestcontributions to the political committee making theindependent expenditure. If an acronym is used toname any political committee outlined in this sec-tion, the name of any sponsoring organization of thepolitical committee shall also be printed or spoken.For purposes of determining the three contributors tobe disclosed, the contributions of each political com-mittee to the political committee making the inde-pendent expenditure during the one year periodbefore the election being affected are aggregated.

C. The provisions of subsection A of this section do notapply to bumper stickers, pins, buttons, pens andsimilar small items on which the statementsrequired in subsection A of this section cannot beconveniently printed or to signs paid for by a candi-date with campaign monies or by a candidate's cam-paign committee or to a solicitation of contributionsby a separate segregated fund from those persons itmay solicit pursuant to sections 16-920 and 16-921.

D. The disclosures required pursuant to this sectionshall be printed clearly and legibly in a conspicuousmanner or, if the advertisement is broadcast on atelecommunications system, the disclosure shall bespoken.

E. A person who violates this section is subject to a civilpenalty of up to three times the cost of producing anddistributing the literature or advertisement. Thiscivil penalty shall be imposed as prescribed in section16-924.

§ 16-912.01. Ballot measure committees; campaignliterature and advertising funding; identification;disclosure; civil penalty; definition A. A political committee that makes an expenditure in

connection with any literature or advertisement tosupport or oppose a ballot proposition shall disclose


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in such literature or advertisement the four largestof its major funding sources as of the time the litera-ture or advertisement is printed, recorded or other-wise produced for dissemination. If a politicalcommittee has fewer than four major fundingsources, the committee shall disclose all major fund-ing sources.

B. For purposes of this section, a major funding sourceof a political committee is any contributor that is notan individual person and that has made cumulativecontributions of either:1. Ten thousand dollars or more for an expenditure

in support of or opposition to a statewide ballotproposition or a ballot proposition of a politicalsubdivision with a population of one hundredthousand persons or more.

2. Five thousand dollars or more for an expenditurein support of or opposition to a ballot propositionof a political subdivision with a population ofless than one hundred thousand persons.

C. If an out-of-state contributor or group of out-of-statecontributors is a major funding source to a politicalcommittee disclosed pursuant to subsection A, thepolitical committee shall state the contributor is anout-of-state contributor on its literature or advertise-ment in support of or in opposition to a ballot propo-sition.

D. Contributors that make contributions to more thanone political committee that supports or opposes thesame ballot proposition shall notify each politicalcommittee of the cumulative total of these contribu-tions. Cumulative totals must be disclosed by eachpolitical committee that received contributions fromthe same contributor if the cumulative totals qualifyas a major funding source to be disclosed pursuant tosubsection A.

E. Any disclosure statement required by this sectionshall be printed clearly and legibly in a conspicuousmanner in type at least as large as the majority ofthe printed text. If the communication is broadcaston radio, the information shall be spoken at the endof the communication. If the communication is broad-cast on a telecommunications system, the informa-tion shall be both written and spoken at the end ofthe communication, except that if the disclosurestatement is written for at least five seconds of athirty second advertisement broadcast or ten secondsof a sixty second advertisement broadcast, a spokendisclosure statement is not required. If the communi-cation is broadcast on a telecommunications system,the written disclosure statement shall be printed inletter equal to or larger than four per cent of the ver-tical picture height.

F. Subsection A does not apply to bumper stickers, pins,buttons, pens and similar small items on which thestatements required in subsection A cannot be conve-niently printed or to a communication by an organi-zation solely to its members.

G. A committee shall change future literature andadvertisements to reflect any change in fundingsources that must be disclosed pursuant to subsec-tion A.

H. This section only applies to advertisements the con-tents of which are more than fifty per cent devoted toone or more ballot propositions or proposed measureson the same subject.

I. Any committee that violates this section is liable in acivil action brought by the attorney general, countyattorney or city or town attorney, as appropriate, orby any other person for a civil penalty of three timesthe total cost of the advertisement. A donor who doesnot accurately disclose its contributions is liable for acivil penalty of three times the amount donated.

J. For purposes of this section “Advertisement” meansgeneral public advertising through the print andelectronic media, signs, billboards and direct mail.

§ 16-913. Campaign finance reports; reporting ofreceipts and disbursements; exemptions; civil pen-altyA. Except as provided in subsection K of this section,

each political committee shall file campaign financereports setting forth the committee's receipts anddisbursements according to the schedule prescribedin subsections B and C of this section.

B. In any calendar year during which there is a regu-larly scheduled election at which any candidates,measures, questions or propositions appear or mayappear on the ballot, the political committee shall fileeach of the following campaign finance reports:1. A report covering the period beginning January

1 through May 31, filed no later than June 30.2. A preelection report, which shall be filed not less

than twelve days before any election and whichshall be complete through the twentieth daybefore the election.

3. A postelection report, which shall be filed notmore than thirty days after any election andwhich shall be complete through the twentiethday after the election.

C. In any other calendar year, the political committeeshall file a report covering the period beginningtwenty-one days after the date of the election in thepreceding calendar year through December 31 of thenonelection year filed no later than January 31 of thefollowing calendar year.

D. In the event that a political committee receives nocontributions and makes no expenditures during aperiod in which it is required to file a campaignfinance report, the committee treasurer or if the trea-surer is unavailable the candidate, in lieu of filing areport required by subsection B of this section, maysign and file a form prescribed by the secretary ofstate indicating no activity during the specific report-ing period.

E. In lieu of the reports prescribed in subsections B andC of this section, a candidate's political committeethat remains active after an election due to outstand-ing debts may file a document no later than January31 in a form prescribed by the secretary of state thatstates that the committee does not intend to receiveany contributions or make any expenditures duringthe year. If a candidate's political committee doesreceive a contribution or make an expenditure duringthat year, the committee shall report as prescribedby subsection B or C of this section.

F. A judge who has filed a declaration of the desire to beretained in office is exempt from filing any reportrequired by this section if the judge, not later thantwelve days before the general election, files a state-ment signed and sworn to by the judge certifyingthat the judge has received no contributions, hasmade no expenditures and has no campaign commit-

14J a n B r e w e r



tee and that the judge does not intend to receive con-tributions, make expenditures or have a campaigncommittee for the purpose of influencing the result ofthe vote on the question of the judge’s retention. Withrespect to superior court judges, a statement filedpursuant to this subsection is effective until the ear-lier of twelve days before the third general electionfollowing the filing of this statement or the judgereceives contributions, makes expenditures or autho-rizes a campaign committee. Such a statement filedby a supreme court justice or a court of appeals judgeis effective until the earlier of twelve days before thefourth general election following the filing of thisstatement or the justice or judge receives contribu-tions, makes expenditures or authorizes a campaigncommittee.

G. Reports in connection with special or recall electionsshall conform to the filing deadlines set forth in sub-section B of this section.

H. Except as provided in section 16-916, subsection Band subsection K of this section, a political commit-tee shall comply with the requirements of this sec-tion in each jurisdiction in this state in which thecommittee has filed a statement of organization untilthe committee terminates pursuant to section16-914, and its statements, designations and reportsshall be filed with each officer with whom it has fileda statement of organization, as appropriate.

I. Each report required to be filed pursuant to this sec-tion shall be signed by the committee treasurer orthe candidate or the designating individual if thetreasurer is unavailable and shall contain the certifi-cation of the signer under penalty of perjury that thereport is true and complete.

J. A political committee and the candidate, in the caseof a candidate's campaign committee, or the desig-nating individual, in the case of an exploratory com-mittee, who violate this section are subject to thepenalty prescribed in section 16-918.

K. A standing political committee shall file reports withthe secretary of state and is exempt from filing areport with any other jurisdiction in which it isactive. The reports shall be in an electronic format asprescribed by the secretary of state and shall be filedby delivery of a computer diskette or cd-rom that con-tains the report or by use of the internet. The secre-tary of state shall promptly make the reportsavailable to the public on the internet and on paperby request. The standing committee shall file the fol-lowing reports:1. A preelection report that is due as prescribed by

subsection B, paragraph 2 of this section shall befiled for each consolidated election date pre-scribed by section 16-204.

2. A postelection report that is due as prescribed bysubsection B, paragraph 3 of this section shall befiled for each consolidated election date pre-scribed by section 16-204.

3. An annual report that is due by January 31 inthe year immediately following the calendaryear that is the subject of the report.

§ 16-914. Termination statementA. Except as prescribed by subsection C of this section,

a political committee may terminate only when thecommittee chairman and treasurer file a written

statement with the officer with whom the commit-tee's statement of organization is filed certifyingunder penalty of perjury that it will no longer receiveany contributions or make any disbursements, thatthe committee has no outstanding debts or obliga-tions and that any surplus monies have been dis-posed of pursuant to section 16-915.01 together witha statement of the manner of disposition of the sur-plus, the name and address of each recipient of sur-plus monies and the date and amount of eachdisposition of surplus monies. For a political commit-tee that is an individual’s exploratory committee or acandidate’s campaign committee, the committee maytransfer the committee’s debts and obligations to asubsequent committee for that individual or candi-date, as prescribed by section 16-915.01, and in thatevent may terminate without certifying that the com-mittee has no outstanding debts or obligations.

B. After the filing of an appropriate termination state-ment, a political committee is not required to file anysubsequent campaign finance reports and shall haveno further receipts or disbursements without filing anew statement of organization.

C. A political committee may terminate its activities ina reporting jurisdiction and remain active in otherjurisdictions by attaching a statement to the report-ing jurisdiction's termination statement that issigned by the committee's chairman and treasurer,that attests to the intent to remain active in otherjurisdictions and that contains a statement that thecommittee's remaining monies shall be used foractivities in other jurisdictions

§ 16-914.01. Reporting of contributions by commit-tees acting on ballot measures; civil penalty; defini-tionA. In addition to the requirements relating to election

contributions prescribed in section 16-913, a commit-tee acting in support of or opposition to the qualifica-tion, passage or defeat of an initiative or referendumor any other ballot measure, question or propositionshall give notice to the secretary of state for state-wide measures and the local filing officer who isresponsible for receiving campaign finance reportsfor filing for nonstatewide measures of any contribu-tion or group of contributions to the committee thatis made from a single source less than twenty daysbefore the day of the election if it exceeds:1. A cumulative total of ten thousand dollars for a

statewide ballot measure, question or proposi-tion.

2. Two thousand five hundred dollars for a non-statewide ballot measure, question or proposi-tion in a political subdivision with a populationof one hundred thousand or more persons.

3. Five hundred dollars for a nonstatewide ballotmeasure, question or proposition in a politicalsubdivision with a population of less than onehundred thousand persons.

B. In addition to the requirements of section 16-913, acommittee acting in support of or opposition to thequalification, passage or defeat of an initiative or ref-erendum or any other ballot measure, question orproposition shall give notice to the secretary of statefor statewide measures and the local filing officerwho is responsible for receiving campaign finance


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reports for filing for nonstatewide measures the firsttime each of the following occurs:1. The committee has received contributions total-

ing ten thousand dollars or more.2. The committee has made expenditures totaling

ten thousand dollars or more.3. The committee has received contributions total-

ing ten thousand dollars or more from a singlesource.

4. The committee has received contributions total-ing ten thousand dollars or more from differentadditional single sources.

C. The notices prescribed by this section shall be filedwithin twenty-four hours, excluding Saturdays, Sun-days and other legal holidays, after the ten thousanddollar amount has been reached and shall includethe identification of the contributors, the dates ofreceipt and the amounts of the contributions or theamount, recipient and purpose of the expenditures.Contributions subject to the notification require-ments of this section shall be included in the nextreport filed pursuant to section 16-913.

D. A political committee that violates this section and aperson who knowingly violates this section are liablein a civil action for a civil penalty of up to three timesthe amount improperly reported as prescribed by sec-tion 16-924.

E. For the purposes of this section, “single source”includes principals of the same partnership, corpora-tion, limited partnership, limited liability company,limited liability partnership or association.

§ 16-915. Contents of campaign finance reportsA. Each campaign finance report required by section

16-913 shall set forth all of the following:1. The amount of cash on hand at the beginning of

the reporting period.2. For the reporting period and the election, the

total amount of all receipts and an itemized listof all receipts in the following categories,together with the total of all receipts in each cat-egory:(a) Contributions from individuals.(b) Contributions from political committees.(c) For a candidate's campaign committee, the

candidate's contribution or promise of per-sonal monies, including loans guaranteed bythe candidate.

(d) All other loans.(e) Rebates, refunds and other offsets to operat-

ing expenditures.(f) Dividends, interest and other forms of

receipts.(g) The value of in-kind contributions.

3. The identification of each:(a) Individual who makes any contribution dur-

ing the period covered by the report whosetotal contribution or contributions for thatelection have an aggregate amount exceed-ing twenty-five dollars together with thedate and amount of the contributions, exceptas provided in subsection E of this section.Contributions of twenty-five dollars or lessmay be aggregated.

(b) Political committee that makes a contribu-tion during the period covered by the report

together with the date and amount of thecontribution.

(c) Person who makes a loan during the periodcovered by the report, together with theidentification of any endorser or guarantorof the loan and the amount endorsed orguaranteed by each, and the date andamount of the loan.

(d) Person who provides any rebate, refund orother offset to operating expenditures dur-ing the period covered by the report togetherwith the date and amount of the receipt.

(e) Person who provides a dividend, interest orother receipt during the period covered bythe report together with the date andamount of the receipt.

4. For the reporting period and the election, thetotal amount of all disbursements and an item-ized list of all disbursements in the following cat-egories together with the total of alldisbursements in each category:(a) Expenditures, other than a contract, prom-

ise or agreement to make an expenditureresulting in an extension of credit, made tomeet committee operating expenses.

(b) Transfers to other political committees.(c) For a candidate's campaign committee, the

repayment of loans made or guaranteed bythe candidate.

(d) Repayment of all other loans.(e) Refunds of contributions received and other

offsets to contributions.(f) Loans made by the reporting political com-

mittee.(g) The value of in-kind contributions received.(h) Independent expenditures together with the

information required pursuant to subsectionF.

(i) Any other disbursements.5. The name and address of each recipient of an

expenditure made during the period covered bythe report and, in the case of a disbursement to apolitical committee, the identification numberissued on the filing of a statement of organiza-tion as prescribed by section 16-902.01, togetherwith the date, amount of the expenditure and aclear description of the items or services pur-chased.

6. An itemized account of the campaign debts andextensions of credit that are owed by the candi-date or political committee and that remain out-standing including the name and address of theobligee or creditor, the amount owed, whetherthe amount is certain or estimated and on whatbasis, and the purpose of the obligation. An obli-gation that is itemized on a campaign financereport shall be listed on all subsequent financereports until extinguished.

7. The total sum of all receipts, together with thetotal receipts less offsets, and the total sum of alldisbursements, together with the total disburse-ments less offsets, for both the period covered bythe report and the election.

B. The amount of an in-kind contribution shall be equalto the usual and normal value on the date receivedby the political committee as determined by gener-ally accepted accounting principles.

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C. Campaign finance reports shall be cumulative for theelection to which they relate, but if there has been nochange during the period covered by a report in anitem listed in a previous report for that election, onlythe amount need be carried forward.

D. A candidate's campaign committee or a political com-mittee that makes contributions to candidates andthat has received prior contributions from an individ-ual or a political committee for an election shall showin each report for that election the cumulative totalreceived from that source.

E. In the case of a political committee that receives con-tributions through a payroll deduction plan, thatcommittee is not required to separately itemize eachadditional contribution received from the contributorduring the reporting period. In lieu of the separateitemization required by subsection A, paragraph 2 ofthis section, the committee may report all of the fol-lowing:1. The aggregate amount of contributions received

from the contributor through the payroll deduc-tion plan during the reporting period.

2. The identification of the individual.3. A statement of the amount deducted per pay

period.F. An independent expenditure report shall contain all

of the following:1. The name and address of any person to whom an

independent expenditure was made.2. The date and amount of the independent expen-

diture.3. The purpose of the independent expenditure

including a description of what was purchased.4. The name of each candidate whose election or

defeat was advocated by the expenditure and, foreach such candidate, the office sought by thecandidate and the year of the election.

5. The names, occupations, employers and amountcontributed by each of the three contributorsthat contributed the most money within the pre-ceding six months provided that if any other con-tributor contributed the same amount duringthis time period as any of the top three contribu-tors the information shall be provided for thatcontributor as well. If any of these contributorsis a political committee, the report shall includethe names, occupations and employers of thecommittee's chairman and treasurer.

6. Under penalty of perjury, a certification statingwhether or not the claimed independent expen-diture is made in cooperation, consultation orconcert with or at the request or suggestion ofany candidate or any campaign committee oragent of that candidate.

§ 16-915.01. Disposal of surplus moniesA. A political committee shall dispose of surplus monies

only as follows:1. Retain surplus monies for use in a subsequent

election, which includes a transfer by an individ-ual's exploratory committee or a candidate'scampaign committee to that individual's subse-quent exploratory committee or that candidate'scampaign committee designated for a subse-quent election.

2. Return surplus monies to the contributor to theextent records are available permitting suchreturn.

3. Contribute surplus monies to the county, state orlocal committee of a political party.

4. Donate the surplus monies to a charitable orga-nization that qualifies under section 501(c)(3) ofthe United States internal revenue code.

5. In the case of a political committee other than anindividual's exploratory committee or a candi-date's committee, contribute surplus monies to acandidate's campaign committee if the contribu-tion is within the limitations of section 16-905.

6. Donate surplus monies to a political committeeother than an individual's exploratory committeeor to a candidate's campaign committee.

7. Dispose of the surplus monies in any other law-ful manner.

B. Surplus monies shall not be used for or converted tothe personal use of the designating individual, in thecase of an individual's exploratory committee, or acandidate, in the case of a candidate's campaign com-mittee, or any person related to the candidate byblood or marriage. Nothing in this subsection pre-cludes the repayment of a loan made by the designat-ing individual or candidate to his campaign.

C. An individual’s exploratory committee or a candi-date’s campaign committee may transfer its debtsand obligations to that individual’s subsequentexploratory committee or that candidate’s campaigncommittee designated for a subsequent election.

§ 16-916. Filing statements of contributions andexpenditures; public inspectionA. Except as provided in subsection B of this section,

the statements, designations and reports required tobe filed pursuant to this article shall be filed as fol-lows:1. In the office of the secretary of state for political

committees supporting or opposing the recall of apublic officer elected statewide or to the legisla-ture, supporting the circulation of petitions forballot measures, questions and propositionsappearing on a state general election ballot orrecall of public officials elected statewide or tothe legislature supporting or opposing candi-dates for state offices and members of the legis-lature, for justices of the supreme court, forjudges of the court of appeals and for a statewideinitiative or referendum or any measure or prop-osition appearing on a state general election bal-lot.

2. With the county officer in charge of elections forpolitical committees supporting or opposing therecall of public officers elected to county offices,school district governing boards, community col-lege district governing boards or judges of thesuperior court, supporting the circulation of peti-tions for ballot measures, questions and proposi-tions appearing on a county election ballot or forthe recall of a public officer elected to countyoffices, school district governing boards, commu-nity college district governing boards or judges ofthe superior court supporting or opposing candi-dates for county offices, school district governingboard members or ballot questions, community


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college district governing board members or bal-lot questions, judges of the superior court seek-ing retention, special taxing districts and acounty initiative or referendum or any measureor proposition appearing on a county electionballot.

3. With the city or town clerk for political commit-tees supporting or opposing the recall of publicofficers elected to city or town offices, supportingthe circulation of petitions for ballot measures,questions and propositions appearing on a city ortown election ballot or recall of public officerselected for city or town offices supporting oropposing candidates for city or town offices andfor a city or town initiative or referendum or anymeasure or proposition appearing on a city ortown election ballot.

B. An original and one copy of the reports required pur-suant to section 16-913 for the office of member of thelegislature shall be filed with either the officer incharge of elections of the county of the candidate'sresidence or with the secretary of state. If the candi-date files with the officer in charge of elections, theofficer shall transmit the copy to the secretary ofstate within five days, excluding Saturdays, Sundaysand other legal holidays. If the candidate files withthe secretary of state, the secretary of state shalltransmit the copy to the officer in charge of electionsof the county of the candidate's residence within fivedays, excluding Saturdays, Sundays and other legalholidays. The secretary of state may provide throughthe procedures manual adopted pursuant to section16-452 for an alternative method for providing publicaccess to the reports prescribed by this section.

C. For all statements, designations and reports, thedate of filing is the date of actual receipt by theofficer with whom the document is required to befiled except as follows: 1. For documents filed by certified mail with a

United States mail postmark, the date of mail-ing constitutes the date of filing.

2. For documents filed by commercial delivery ser-vices that provide a standardized delivery confir-mation process, the date of delivery confirmationconstitutes the date of filing.

3. For documents filed by commercial delivery ser-vices that provide for electronic tracking of spe-cific delivery packages, the date of electronicconfirmation of delivery constitutes the date offiling.

D. If the date for filing any statement, designation orreport required by this article is a Saturday, a Sun-day or another legal holiday, the filing deadline is thenext day that is not a Saturday, a Sunday or anotherlegal holiday.

§ 16-916.01. Electronic filing; statements of contri-butions and expendituresA. Statements, designations and reports that are filed

pursuant to this article in the office of the secretaryof state in electronic format shall be filed using com-puter software that is provided or approved by thesecretary of state. The secretary of state shall pro-vide computer software to accommodate electronicfilings and shall implement and maintain a systemfor the electronic collection, filing and disseminationof materials filed pursuant to section 16- 916, subsec-

tion A, paragraph 1. A county officer in charge ofelections may implement an electronic filing systemfor statements, designations and reports that arerequired by this article to be filed with the countyofficer in charge of elections. Subsections B throughF of this section apply to an electronic filing programoperated by a county.

B. If the filings are complete and correct, any state-ments, designations or reports that are filed in thesecretary of state's electronic filing format aredeemed to comply with:1. The filing requirements of this chapter.2. The requirement that a filing be made under

oath or be submitted with a written signature.C. A statement, designation or report that is filed in

electronic format is deemed to be filed under penaltyof perjury if the printed format version of that docu-ment is required to be filed under penalty of perjury.

D. A person or political committee that submits anystatement, designation or report pursuant to thischapter that is not properly formatted or that doesnot contain the information prescribed by this chap-ter has not complied with the reporting requirementsof this chapter and is subject to penalties andenforcement as otherwise provided by law.

E. During the implementation of an electronic filingsystem, the county officer in charge of elections mayrequire that statements, designations or reports befiled with an additional written or printed copy.

F. For an electronic filing system implemented by thesecretary of state or other filing officer, the filingofficer shall designate one or more approved trans-mittal formats and methods.

§ 16-917. Independent expenditures; in-kind con-tribution; civil penaltyA. A political committee that makes independent expen-

ditures for literature or an advertisement relating toany one candidate or office within ten days before theday of any election to which the expenditures relate,shall send by certified mail a copy of the campaignliterature or advertisement to each candidate namedor otherwise referred to in the literature or advertise-ment twenty-four hours after depositing it at the postoffice for mailing, twenty-four hours after submittingit to a telecommunications system for broadcast ortwenty-four hours after submitting it to a newspaperfor printing.

B. The copy of the literature or advertisement sent to acandidate pursuant to subsection A of this sectionshall be a reproduction that is clearly readable, view-able or audible.

C. An expenditure by a political committee or a personthat does not meet the definition of an independentexpenditure is an in-kind contribution to the candi-date and a corresponding expenditure by the candi-date unless otherwise exempted.

D. A person who violates this section is subject to a civilpenalty of three times the cost of the literature oradvertisement that was distributed in violation ofthis section. This civil penalty shall be imposed asprescribed in section 16-924.

§ 16-918. Campaign finance reports; notice; civilpenalty; prohibition on candidacyA. If a political committee fails to file a report in a

timely manner as required by this chapter, the filing

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officer shall send written notice of the delinquency ofthe report to the political committee and the candi-date, in the case of the candidate's campaign commit-tee, or to the designating individual, in the case of anindividual's exploratory committee. The notice shallbe sent by certified mail within fifteen days after thefiling officer determines there may be a failure to filea campaign finance report. The notice shall providewith reasonable particularity the nature of the fail-ure and a statement of the penalties provided in thissection.

B. A political committee, or in the case of a candidate'scampaign committee, the candidate, or in the case ofan exploratory committee, the designating individ-ual, is liable for a late penalty of ten dollars for eachday after failure to make or file a campaign financereport that is required pursuant to this chapter up toa maximum of four hundred fifty dollars. The filingofficer shall not accept a campaign report unless anypenalties owed as a result of this section or any pen-alties imposed pursuant to section 16-924 are paidwith the report.

C. A political committee, or in the case of a candidate'scampaign committee, the candidate, or in the case ofan exploratory committee, the designating individ-ual, that has failed to file within fifteen days afterreceiving a notice of delinquency pursuant to subsec-tion A of this section is liable for a civil penalty oftwenty-five dollars for each subsequent day that thefiling is late. This penalty shall be assessed pursuantto section 16-924.

D. For purposes of this section, there is a failure tomake and file a campaign finance report by the trea-surer, the designating individual, in the case of anexploratory committee, the candidate, in the case of acandidate's campaign committee, and for all otherpolitical committees, the chairman, if any of the fol-lowing occurs:1. The report is not filed in a timely manner as pre-

scribed by section 16-913.2. The report is not signed in accordance with sec-

tion 16-913.3. A good faith effort is not made to substantially

complete the report as prescribed by section16-915.

E. It is a defense to an enforcement action brought pur-suant to this section if good cause is shown by thetreasurer, the designating individual, in the case ofan exploratory committee, or the candidate, in thecase of a candidate's campaign committee, for thefailure to make and file a campaign finance report.For purposes of this subsection, good cause includesan illness or absence from this state at the time thecampaign finance report was due or the writtennotice of delinquency was delivered if the illness orabsence reasonably prevented the treasurer, desig-nating individual or candidate from filing the reportor receiving the written notice.

F. In addition to the enforcement actions prescribed bythis section, a person who was a candidate for nomi-nation or election to any local or state office and whoafter written notice pursuant to this section failed tomake and file a campaign finance report as requiredby this chapter is not eligible to be a candidate fornomination or election to any local or state office forfive years after the last failure to make and file a

campaign finance report occurred. This penalty shallbe imposed as follows:1. A candidate's failure to make and file a cam-

paign finance report with a filing officer for ajurisdiction is grounds for that filing officer torefuse the candidate's nomination paper for anypublic office in that jurisdiction as described inthis subsection.

2. A candidate's failure to make and file a cam-paign finance report with any filing officer isgrounds for a filing officer from another jurisdic-tion to refuse the candidate's nomination paperfor any public office on presentation of a certifiedcopy of a final order issued pursuant to section16-924.

G. For a standing political committee, in addition to anylate penalty and civil penalty assessed pursuant tothis section, if the standing political committeemakes a late filing three or more times, the standingpolitical committee is no longer eligible for consoli-dated filing status pursuant to section 16-913, sub-section K and shall make all of its filings in eachreporting jurisdiction in which it is active.

§ 16-919. Prohibition of contributions by corpora-tions, limited liability company or labor organiza-tions; exemption; classification; definitionsA. It is unlawful for a corporation or a limited liability

company to make any contribution of money or any-thing of value for the purpose of influencing an elec-tion, and it is unlawful for the designating individualwho formed an exploratory committee, an explor-atory committee, a candidate or a candidate's cam-paign committee to accept any contribution of moneyor anything of value from a corporation or a limitedliability company for the purpose of influencing anelection. This subsection does not apply to politicalcommittees that are incorporated pursuant to title10, chapters 24 through 40 and political committeesthat are organized as limited liability companies.

B. It is unlawful for a labor organization to make anycontribution of money or anything of value for thepurpose of influencing an election.

C. A corporation, limited liability company or labororganization which violates this section is guilty of aclass 2 misdemeanor.

D. The person through whom the violation is effected isguilty of a class 6 felony.

E. Notwithstanding subsection A of this section, a polit-ical committee that is incorporated only for the pur-poses of liability limitation may make contributionsfor the purpose of influencing an election. Notwith-standing the corporate status of a political commit-tee, the chairman and treasurer of an incorporatedpolitical committee remain personally responsible forcarrying out their respective duties under this arti-cle.

F. For the purposes of this section:1. “Election” means any election to any political

office, any election to any political convention orcaucus, or any primary election held for the pur-pose of selecting any candidate, political commit-tee or other person for any political office,convention or caucus.

2. “Employee” includes any employee, is not limitedto the employees of a particular employer and


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includes any individual whose work has ceasedas a consequence of, or in connection with, anycurrent labor dispute or because of any unfairlabor practice.

3. “Employer” includes any person acting as anagent of an employer, directly or indirectly.

4. “Labor organization” means any organization ofany kind or any agency or employee representa-tion committee or plan in which employees par-ticipate and which exists for the purpose inwhole or in part of dealing with employers con-cerning grievances, labor disputes, wages, ratesof pay, hours of employment or conditions ofwork.

§ 16-920. Permitted expenditures by corporationsand labor organizationsA. Expenditures for the following purposes shall not be

construed to be political contributions prohibited bylaw:1. Communications by a corporation to its stock-

holders and executive or administrative person-nel and their families, or by a labor organizationto its members and their families, on any sub-ject.

2. Nonpartisan registration and get-out-the-votecampaigns by a corporation aimed at its stock-holders and executive or administrative person-nel and their families or by a labor organizationaimed at its members and their families.

3. The establishment, administration and solicita-tion of voluntary contributions to a separate seg-regated fund to be utilized for political purposesby a corporation, labor organization, member-ship organization, trade association, cooperativeor corporation without capital stock.

4. The establishment, administration and solicita-tion of voluntary contributions from employeesof a corporation or limited liability company,including contributions made by payroll deduc-tion, deposit or transfer or other similar method,and that are made directly to a separate segre-gated fund that is used for political purposes bya trade association of which the employing cor-poration or limited liability company is a mem-ber. Contributions received under thissubsection shall be reported pursuant to section16-915, subsection A, Paragraph 2, subdivision(a) or subsection E.

5. Contributions for use to support or oppose an ini-tiative or referendum measure or amendment tothe constitution.

B. A membership organization, trade association, coop-erative or corporation without capital stock mayengage in the activities permitted in paragraphs 1and 2 of subsection A of this section if such activitiesare directed toward its members, stockholders ormembers of its members, its and its members' execu-tive or administrative personnel, and their families.

§ 16-921. Unlawful contributions by corporationsand labor organizations from a fund; procedures;definitionA. It is unlawful under any fund established by a corpo-

ration or labor organization pursuant to section16-920, subsection A, paragraph 3:

1. For such a fund to make a contribution or expen-diture by utilizing money or anything of valuesecured by physical force, job discrimination,financial reprisals or the threat of force, job dis-crimination or financial reprisal or by dues, feesor other monies required as a condition of mem-bership in a labor organization or as a conditionof employment or by monies obtained in anycommercial transaction.

2. For any person soliciting an employee for a con-tribution to such a fund to fail to inform suchemployee of the political purposes of such fundat the time of such solicitation.

3. For any person soliciting an employee for a con-tribution to such a fund to fail to inform suchemployee, at the time of such solicitation, of hisright to refuse to so contribute without anyreprisal.

B. Except as provided in subsections C, D and E of thissection it is unlawful for a corporation, or a separatesegregated fund established by a corporation, tosolicit contributions to such a fund from any personother than its stockholders and their families and itsexecutive or administrative personnel and their fam-ilies and for a labor organization, or a separate segre-gated fund established by a labor organization, tosolicit contributions to such a fund from any personother than its members and their families.

C. A corporation or a separate segregated fund estab-lished by such corporation may make no more thantwo written solicitations for contributions during thecalendar year from any employee who is not a stock-holder or executive or administrative personnel ofsuch corporation or the families of such persons. Asolicitation under this subsection may be made onlyby mail addressed to employees who are not stock-holders or executive or administrative personnel attheir residence.

D. An insurer that is licensed in this state or a separatesegregated fund established by such insurer maymake no more than two written solicitations for con-tributions during the calendar year from personswho are licensed insurance producers and withwhom it has a contract to produce insurance busi-ness. Those solicitations are lawful only if the insur-ance producer has an exclusive contract with theinsurer. This subsection does not change an insur-ance producer’s status as an independent contractor.

E. A labor organization or a separate segregated fundestablished by such labor organization may make nomore than two written solicitations for contributionsduring the calendar year from any stockholder, exec-utive or administrative personnel or employee of acorporation who is not a union member, or the fami-lies of such persons, if such labor organization repre-sents members working for such corporation. Asolicitation under this subsection may be made onlyby mail addressed to such stockholders, executive oradministrative personnel or employees who are notunion members at their residences.

F. This section shall not prevent a membership organi-zation, cooperative or corporation without capitalstock, or a separate segregated fund established by amembership organization, cooperative or corporationwithout capital stock, from soliciting contributions tosuch a fund from members of such organization,cooperative or corporation without capital stock.

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G. This section shall not prevent a trade association, ora separate segregated fund established by a tradeassociation, from soliciting contributions from thestockholders and executive or administrative person-nel of the member corporations of such trade associa-tion and the families of such stockholders orpersonnel.

H. Notwithstanding any provision of law to the contrary,any method of soliciting voluntary contributions or offacilitating the making of voluntary contributions toa separate segregated fund established by a corpora-tion, permitted by law to corporations with regard tostockholders and executive or administrative person-nel, shall also be permitted to labor organizationswith regard to their members.

I. Any corporation, including its subsidiaries, branches,divisions and affiliates, that utilizes a method ofsoliciting voluntary contributions or facilitating themaking of voluntary contributions shall make avail-able such method, on written request and at a costsufficient only to reimburse the corporation for theexpenses incurred thereby, to a labor organizationrepresenting any members working for such corpora-tion and its subsidiaries, branches, divisions andaffiliates.

J. For the purposes of this section:1. “Exclusive contract” means either:

(a) An insurance producer's contract with aninsurer that prohibits the producer fromsoliciting insurance business for any otherinsurer.

(b) An insurance producer's contract with aninsurer that requires a first right of refusalon all lines of insurance business written bythe insurer and solicited by the producer.

2. “Executive or administrative personnel” meansindividuals who are employed by a corporationand who are paid on a salary, rather than hourly,basis and who have policymaking, managerial,professional or supervisory responsibilities.

3. “Insurance producer” has the same meaning asprescribed in section 20-281.

§ 16-923. Volunteering services for expected com-pensation; classificationA person who voluntarily and unsolicitedly offers to workfor and assist or in any manner voluntarily contributes tothe nomination or election of a candidate or other personto any office in the state with the intent of having suchcandidate or person pay or in any manner compensatethe person so offering such work or services is guilty of aclass 2 misdemeanor unless another classification is spe-cifically prescribed in this title.

§ 16-924. Civil penalties; attorney general; county,city or town attorneyA. Unless another penalty is specifically prescribed in

this article, if the filing officer for campaign finance

reports designated pursuant to section 16-916, sub-section A has reasonable cause to believe that a per-son is violating any provision of this article, thesecretary of state shall notify the attorney general fora violation regarding a statewide office or the legisla-ture, the county officer in charge of elections shallnotify the county attorney for that county for a viola-tion regarding a county office or the city or townclerk shall notify the city or town attorney for a viola-tion regarding a city or town office. The attorney gen-eral, county attorney or city or town attorney, asappropriate, may serve on the person an orderrequiring compliance with that provision. The ordershall state with reasonable particularity the natureof the violation and shall require compliance withintwenty days from the date of issuance of the order.The alleged violator has twenty days from the date ofissuance of the order to request a hearing pursuantto title 41, chapter 6.

B. If a person fails to take corrective action within thetime specified in the compliance order issued pursu-ant to subsection A, the attorney general, countyattorney or city or town attorney, as appropriate,shall issue an order assessing a civil penalty of notmore than one thousand dollars. The person allegedto have violated the compliance order has thirty daysfrom the date of issuance of the order assessing thecivil penalty to request a hearing pursuant to title41, chapter 6.

C. Any party aggrieved by an order or decision of theattorney general, county attorney or city or townattorney, as appropriate, may appeal to the superiorcourt as provided in title 12, chapter 7, article 6.

D. For purposes of this section, failure to comply with acompliance order issued by the attorney general,county attorney or city or town attorney, as appropri-ate, as prescribed in subsection A is deemed anintentional act.

§ 16-925. Deceptive mailings; civil penaltyA. In an attempt to influence the outcome of an election,

an individual or committee shall not deliver or mailany document that falsely purports to be a mailingauthorized, approved, required, sent or reviewed byor that falsely simulates a document from the gov-ernment of this state, a county, city or town or anyother political subdivision.

B. An individual or committee that violates this sectionis liable for a civil penalty equal to twice the total ofthe cost of the mailing or five hundred dollars, which-ever is greater. The attorney general, the countyattorney, the city or town attorney or other legal rep-resentative of the political subdivision, as appropri-ate, may assess the civil penalty.


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ARTICLE 2. CITIZENS CLEAN ELECTIONS ACT§ 16-940. Findings and declarationsA. The people of Arizona declare our intent to create a

clean elections system that will improve the integrityof Arizona state government by diminishing theinfluence of special-interest money, will encouragecitizen participation in the political process, and willpromote freedom of speech under the U.S. and Ari-zona Constitutions. Campaigns will become moreissue-oriented and less negative because there willbe no need to challenge the sources of campaignmoney.

B. The people of Arizona find that our current elec-tion-financing system:1. Allows Arizona elected officials to accept large

campaign contributions from private interestsover which they have governmental jurisdiction;

2. Gives incumbents an unhealthy advantage overchallengers;

3. Hinders communication to voters by many quali-fied candidates;

4. Effectively suppresses the voices and influenceof the vast majority of Arizona citizens in favorof a small number of wealthy special interests;

5. Undermines public confidence in the integrity ofpublic officials;

6. Costs average taxpayers millions of dollars inthe form of subsidies and special privileges forcampaign contributors;

7. Drives up the cost of running for state office, dis-couraging otherwise qualified candidates wholack personal wealth or access to special-interestfunding; and

8. Requires that elected officials spend too much oftheir time raising funds rather than represent-ing the public.

§ 16-941. Limits on spending and contributions forpolitical campaignsA. Notwithstanding any law to the contrary, a partici-

pating candidate:1. Shall not accept any contributions, other than a

limited number of five-dollar qualifying contri-butions as specified in section 16-946 and earlycontributions as specified in section 16-945,except in the emergency situation specified insection 16-954, subsection F.

2. Shall not make expenditures of more than a totalof five hundred dollars of the candidate’s per-sonal monies for a candidate for legislature ormore than one thousand dollars for a candidatefor statewide office.

3. Shall not make expenditures in the primary elec-tion period in excess of the adjusted primaryelection spending limit.

4. Shall not make expenditures in the general elec-tion period in excess of the adjusted general elec-tion spending limit.

5. Shall comply with section 16-948 regarding cam-paign accounts and section 16-953 regardingreturning unused monies to the citizens cleanelection fund described in this article.

B. Notwithstanding any law to the contrary, a nonpar-ticipating candidate:

1. Shall not accept contributions in excess of anamount that is twenty percent less than the lim-its specified in section 16-905, subsections Athrough G, as adjusted by the secretary of statepursuant to section 16-905, subsection J. Anyviolation of this paragraph shall be subject to thecivil penalties and procedures set forth in section16-905, subsections L through P and section16-924.

2. Shall comply with section 16-958 regardingreporting, including filing reports with the secre-tary of state indicating whenever (A) expendi-tures other than independent expenditures onbehalf of the candidate, from the beginning ofthe election cycle to any date up to primary elec-tion day, exceed seventy percent of the originalprimary election spending limit applicable to aparticipating candidate seeking the same office,or (B) contributions to a candidate, from thebeginning of the election cycle to any date duringthe general election period, less expendituresmade from the beginning of the election cyclethrough primary election day, exceed seventypercent of the original general election spendinglimit applicable to a participating candidateseeking the same office.

C. Notwithstanding any law to the contrary, a candi-date, whether participating or nonparticipating:1. If and only if specified in a written agreement

signed by the candidate and one or more oppos-ing candidates and filed with the citizens cleanelections commission, shall not make any expen-diture in the primary or general election periodexceeding an agreed-upon amount lower thanspending limits otherwise applicable by statute.

2. Shall continue to be bound by all other applica-ble election and campaign finance statutes andrules, with the exception of those provisions inexpress or clear conflict with the provisions ofthis article.

D. Notwithstanding any law to the contrary, any personwho makes independent expenditures related to aparticular office cumulatively exceeding five hundreddollars in an election cycle, with the exception of anyexpenditure listed in section 16-920 and any inde-pendent expenditure by an organization arising froma communication directly to the organization’s mem-bers, shareholders, employees, affiliated persons,and subscribers, shall file reports with the secretaryof state in accordance with section 16-958 so indicat-ing, identifying the office and the candidate or groupof candidates whose election or defeat is being advo-cated, and stating whether the person is advocatingelection or advocating defeat.

§ 16-942. Civil penalties and forfeiture of officeA. The civil penalty for a violation of any contribution or

expenditure limit in section 16-941 by or on behalf ofa participating candidate shall be ten times theamount by which the expenditures or contributionsexceed the applicable limit.

B. In addition to any other penalties imposed by law,the civil penalty for a violation by or on behalf of anycandidate of any reporting requirement imposed by

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this chapter shall be one hundred dollars per day forcandidates for the legislature and three hundred dol-lars per day for candidates for statewide office. Thepenalty imposed by this subsection shall be doubledif the amount not reported for a particular electioncycle exceeds ten percent of the adjusted primary orgeneral election spending limit. No penalty imposedpursuant to this subsection shall exceed twice theamount of expenditures or contributions notreported. The candidate and the candidate’s cam-paign account shall be jointly and severally responsi-ble for any penalty imposed pursuant to thissubsection.

C. Any campaign finance report filed indicating a viola-tion of section 16-941, subsections A or B or section16-941, subsection C, paragraph 1 involving anamount in excess of ten percent of the sum of theadjusted primary election spending limit and theadjusted general election spending limit for a partic-ular candidate shall result in disqualification of acandidate or forfeiture of office.

D. Any participating candidate adjudged to have com-mitted a knowing violation of section 16-941, subsec-tion A or subsection C, paragraph 1 shall repay fromthe candidate’s personal monies to the fund all mon-ies expended from the candidate’s campaign accountand shall turn over the candidate’s campaign accountto the fund.

E. All civil penalties collected pursuant to this articleshall be deposited into the fund.

§ 16-943. Criminal violations and penaltiesA. A candidate, or any other person acting on behalf of a

candidate, who knowingly violates section 16-941 isguilty of a class 1 misdemeanor.

B. Any person who knowingly pays any thing of value orany compensation for a qualifying contribution asdefined in section 16-946 is guilty of a class 1 misde-meanor.

C. Any person who knowingly provides false or incom-plete information on a report filed under section16-958 is guilty of a class 1 misdemeanor.

§ 16-944. Fees imposed on lobbyistsA. Beginning on January 1, 1999, an annual fee is

imposed on all registered lobbyists representing (A)one or more persons in connection with a commercialor for-profit activity except public bodies or (B) anon-profit entity predominately composed of or act-ing on behalf of a trade association or other groupingof commercial or for-profit entities. The fee shall bein the amount of one hundred dollars annually perlobbyist and shall be collected by the secretary ofstate and transmitted to the state treasurer fordeposit into the fund.

§ 16-945. Limits on early contributionsA. A participating candidate may accept early contribu-

tions only from individuals and only during theexploratory period and the qualifying period, subjectto the following limitations:1. Notwithstanding any law to the contrary, no con-

tributor shall give, and no participating candi-date shall accept, contributions from acontributor exceeding one hundred dollars dur-ing an election cycle.

2. Notwithstanding any law to the contrary, earlycontributions to a participating candidate fromall sources for an election cycle shall not exceed,for a candidate for governor, forty thousand dol-lars or, for other candidates, ten percent of thesum of the original primary election spendinglimit and the original general election spendinglimit.

3. Qualifying contributions specified in section16-946 shall not be included in determiningwhether the limits in this subsection have beenexceeded.

B. Early contributions specified in subsection A of thissection and the candidate's personal monies specifiedin section 16-941, subsection A, paragraph 2 may bespent only during the exploratory period and thequalifying period. Any early contributions not spentby the end of the qualifying period shall be paid tothe fund.

C. If a participating candidate has a debt from an elec-tion campaign in this state during a previous electioncycle in which the candidate was not a participatingcandidate, then, during the exploratory period only,the candidate may accept, in addition to early contri-butions specified in subsection A of this section, con-tributions subject to the limitations in section16-941, subsection B, paragraph 1, or may exceed thelimit on personal monies in section 16-941, subsec-tion A, paragraph 2, provided that such contributionsand monies are used solely to retire such debt.

§ 16-946. Qualifying contributionsA. During the qualifying period, a participating candi-

date may collect qualifying contributions, whichshall be paid to the fund.

B. To qualify as a “qualifying contribution,” a contribu-tion must be:1. Made by a qualified elector as defined in section

16-121, who at the time of the contribution isregistered in the electoral district of the officethe candidate is seeking and who has not givenanother qualifying contribution to that candi-date during that election cycle;

2. Made by a person who is not given anything ofvalue in exchange for the qualifying contribu-tion;

3. In the sum of five dollars, exactly;4. Received unsolicited during the qualifying

period or solicited during the qualifying periodby a person who is not employed or retained bythe candidate and who is not compensated to col-lect contributions by the candidate or on behalfof the candidate;

5. If made by check or money order, made payableto the candidate’s campaign committee, or if incash, deposited in the candidate’s campaign com-mittee’s account; and

6. Accompanied by a three-part reporting slip thatincludes the printed name, registration address,and signature of the contributor, the name of thecandidate for whom the contribution is made,the date, and the printed name and signature ofthe solicitor.

C. A copy of the reporting slip shall be given as a receiptto the contributor, and another copy shall be retainedby the candidate’s campaign committee. Delivery of


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an original reporting slip to the secretary of stateshall excuse the candidate from disclosure of thesecontributions on campaign finance reports filedunder article 1 of this chapter.

§ 16-947. Certification as a participating candidateA. A candidate who wishes to be certified as a partici-

pating candidate shall, before the end of the qualify-ing period, file an application with the secretary ofstate, in a form specified by the citizens clean elec-tions commission.

B. The application shall identify the candidate, theoffice that the candidate plans to seek, and the candi-date’s party, if any, and shall contain the candidate’ssignature, under oath, certifying that:1. The candidate has complied with the restrictions

of section 16-941, subsection A during the elec-tion cycle to date.

2. The candidate’s campaign committee and explor-atory committee have filed all campaign financereports required under article 1 of this chapterduring the election cycle to date and that theyare complete and accurate.

3. The candidate will comply with the require-ments of section 16-941, subsection A during theremainder of the election cycle and, specifically,will not accept private contributions.

C. The commission shall act on the application withinone week. Unless, within that time, the commissiondenies an application and provides written reasonsthat all or part of a certification in subsection B ofthis section is incomplete or untrue, the candidateshall be certified as a participating candidate. If thecommission denies an application for failure to fileall complete and accurate campaign finance reportsor failure to make the certification in subsection B,paragraph 3 of this section, the candidate may reap-ply within two weeks of the commission’s decision byfiling complete and accurate campaign financereports and another sworn certification.

§ 16-948. Controls on participating candidates'campaign accountsA. A participating candidate shall conduct all financial

activity through a single campaign account of thecandidate's campaign committee. A participatingcandidate shall not make any deposits into the cam-paign account other than those permitted under sec-tions 16-945 or 16-946.

B. A candidate may designate other persons withauthority to withdraw funds from the candidate'scampaign account. The candidate and any person sodesignated shall sign a joint statement under oathpromising to comply with the requirements of thistitle.

C. The candidate or a person authorized under subsec-tion B of this section shall pay monies from a partici-pating candidate's campaign account directly to theperson providing goods or services to the campaignand shall identify, on a report filed pursuant to arti-cle 1 of this chapter, the full name and street addressof the person and the nature of the goods and ser-vices and compensation for which payment has beenmade. Notwithstanding the previous sentence, acampaign committee may establish one or more pettycash accounts, which in aggregate shall not exceedone thousand dollars at any time. No single expendi-

ture shall be made from a petty cash account exceed-ing one hundred dollars.

D. Monies in a participating candidate's campaignaccount shall not be used to pay fines or civil penal-ties, for costs or legal fees related to representationbefore the commission, or for defense of any enforce-ment action under this chapter. Nothing in this sub-section shall prevent a participating candidate fromhaving a legal defense fund.

§ 16-949. Caps on spending from citizens cleanelections fundA. The commission shall not spend, on all costs incurred

under this article during a particular calendar year,more than five dollars times the number of Arizonaresident personal income tax returns filed during theprevious calendar year. Tax reductions and tax cred-its awarded to taxpayers pursuant to section 16-954,subsections A and B shall not be considered costsincurred under this article for purposes of this sec-tion. The commission may exceed this limit during acalendar year, provided that it is offset by an equalreduction of the limit during another calendar yearduring the same four-year period beginning January1 immediately after a gubernatorial election.

B. The commission may use up to ten percent of theamount specified in subsection A of this section forreasonable and necessary expenses of administrationand enforcement, including the activities specified insection 16-956, subsection A, paragraphs 3 through 7and subsections B and C. Any portion of the ten per-cent not used for this purpose shall remain in thefund.

C. The commission shall apply ten percent of theamount specified in subsection A of this section forreasonable and necessary expenses associated withvoter education, including the activities specified insection 16-956, subsection A.

D. The state treasurer shall administer a citizens cleanelection fund from which costs incurred under thisarticle shall be paid. The auditor general shallreview the monies in, payments into, and expendi-tures from the fund no less often than every fouryears.

§ 16-950. Qualification for clean campaign fundingA. A candidate who has made an application for certifi-

cation may also apply, in accordance with subsectionB of this section, to receive funds from the citizensclean elections fund, instead of receiving private con-tributions.

B. To receive any clean campaign funding, the candi-date must present to the secretary of state no laterthan one week after the end of the qualifying perioda list of names of persons who have made qualifyingcontributions pursuant to section 16-946 on behalf ofthe candidate. The list shall be divided by county. Atthe same time, the candidate must tender to the sec-retary of state the original reporting slips identifiedin section 16-946, subsection C for persons on the listand an amount equal to the sum of the qualifyingcontributions collected. The secretary of state shalldeposit the amount into the fund.

C. The secretary of state shall select at random a sam-ple of five percent of the number of non-duplicativenames on the list and forward facsimiles of theselected reporting slips to the county recorder for the

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counties of the addresses specified in the selectedslips. Within ten days, the county recorders shall pro-vide a report to the secretary of state identifying asdisqualified any slips that are unsigned or undatedor that the recorder is unable to verify as matching aperson who is registered to vote, on the date specifiedon the slip, inside the electoral district of the officethe candidate is seeking. The secretary of state shallmultiply the number of slips not disqualified bytwenty, and if the result is greater than one hundredand ten percent of the quantity required, shallapprove the candidate for funds, and if the result isless than ninety percent of the quantity required,shall deny the application for funds. Otherwise, thesecretary of state shall forward facsimiles of all of theslips to the county recorders for verification, and thecounty recorders shall check all slips in accordancewith the process above.

D. To qualify for clean campaign funding, a candidatemust have been approved as a participating candi-date pursuant to section 16-947 and have obtainedthe following number of qualifying contributions:1. For a candidate for legislature, two hundred.2. For candidate for mine inspector, five hundred.3. For a candidate for treasurer, superintendent of

public instruction, or corporation commission,one thousand five hundred.

4. For a candidate for secretary of state or attorneygeneral, two thousand five hundred.

5. For a candidate for governor, four thousand.E. To qualify for clean campaign funding, a candidate

must have met the requirements of this section andeither be an independent candidate or meet the fol-lowing standards:1. To qualify for funding for a party primary elec-

tion, a candidate must have properly filed nomi-nating papers and nominating petitions withsignatures pursuant to chapter 3, articles 2 and3 of this title in the primary of a political organi-zation entitled to continued representation onthe official ballot in accordance with section16-804.

2. To qualify for clean campaign funding for a gen-eral election, a candidate must be a party nomi-nee of such a political organization.

§ 16-951. Clean campaign fundingA. At the beginning of the primary election period, the

commission shall pay from the fund to the campaignaccount of each candidate who qualifies for cleancampaign funding:1. For a candidate who qualifies for clean campaign

funding for a party primary election, an amountequal to the original primary election spendinglimit;

2. For an independent candidate who qualifies forclean campaign funding, an amount equal to sev-enty percent of the sum of the original primaryelection spending limit and the original generalelection spending limit; or

3. For a qualified participating candidate who isunopposed for an office in that candidate’s pri-mary, in the primary of any other party, and byany opposing independent candidate, an amountequal to five dollars times the number of qualify-

ing contributions for that candidate certified bythe commission.

B. At any time after the first day of January of an elec-tion year, any candidate who has met the require-ments of section 16-950 may sign and cause to befiled a nomination paper in the form specified by sec-tion 16-311, subsection A, with a nominating petitionand signatures, instead of filing such papers afterthe earliest time set for filing specified by that sub-section. Upon such filing and verification of the sig-natures, the commission shall pay the amountspecified in subsection A of this section immediately,rather than waiting for the beginning of the primaryelection period.

C. At the beginning of the general election period, thecommission shall pay from the fund to the campaignaccount of each candidate who qualifies for cleancampaign funding for the general election, exceptthose candidates identified in subsection A, para-graphs 2 or 3 or subsection D of this section, anamount equal to the original general election spend-ing limit.

D. At the beginning of the general election period, thecommission shall pay from the fund to the campaignaccount of a qualified participating candidate whohas not received funds pursuant to subsection A,paragraph 3 of this section and who is unopposed byany other party nominee or any opposing indepen-dent candidate an amount equal to five dollars timesthe number of qualifying contributions for that can-didate certified by the commission.

E. The special original general election spending limit,for a candidate who has received funds pursuant tosubsection A, paragraphs 2 or 3 or subsection D ofthis section, shall be equal to the amount that thecommission is obligated to pay to that candidate.

§ 16-952. Equal funding of candidatesA. Whenever during a primary election period a report

is filed, or other information comes to the attention ofthe commission, indicating that a nonparticipatingcandidate who is not unopposed in that primary hasmade expenditures during the election cycle to dateexceeding the original primary election spendinglimit, including any previous adjustments, the com-mission shall immediately pay from the fund to thecampaign account of any participating candidate inthe same party primary as the nonparticipating can-didate an amount equal to any excess of the reportedamount over the primary election spending limit, aspreviously adjusted, and the primary election spend-ing limit for all such participating candidates shallbe adjusted by increasing it by the amount that thecommission is obligated to pay to a participating can-didate.

B. Whenever during a general election period a reporthas been filed, or other information comes to theattention of the commission, indicating that theamount a nonparticipating candidate who is notunopposed has received in contributions during theelection cycle to date less the amount of expendituresthe nonparticipating candidate made through theend of the primary election period exceeds the origi-nal general election spending limit, including anyprevious adjustments, the commission shall immedi-ately pay from the fund to the campaign account of


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any participating candidate qualified for the ballotand seeking the same office as the nonparticipatingcandidate an amount equal to any excess of thereported difference over the general election spend-ing limit, as previously adjusted, and the generalelection spending limit for all such participating can-didates shall be adjusted by increasing it by theamount that the commission is obligated to pay to aparticipating candidate.

C. For purposes of subsections A and B of this sectionthe following expenditures reported pursuant to thisarticle shall be treated as follows:1. Independent expenditures against a participat-

ing candidate shall be treated as expenditures ofeach opposing candidate, for purpose of subsec-tion A of this section, or contributions to eachopposing candidate, or purpose of subsection B ofthis section.

2. Independent expenditures in favor of one ormore nonparticipating opponents of a participat-ing candidate shall be treated as expenditures ofthose nonparticipating candidates, for purpose ofsubsection A of this section, or contributions tothose nonparticipating candidates, for purpose ofsubsection B of this section.

3. Independent expenditures in favor of a partici-pating candidate shall be treated, for everyopposing participating candidate, as though theindependent expenditures were an expenditureof a nonparticipating opponent, for purpose ofsubsection A of this section, or a contribution toa nonparticipating opponent, for purpose of sub-section B of this section.

4. Expenditures made during the primary electionperiod by or on behalf of an independent candi-date or a nonparticipating candidate who isunopposed in a party primary, shall be treated asthough made during the general election period,and equalizing funds pursuant to subsection B ofthis section shall be paid at the start of the gen-eral election period.

5. Expenditures made before the general electionperiod that consist of a contract, promise, oragreement to make an expenditure during thegeneral election period resulting in an extensionof credit shall be treated as though made duringthe general election period, and equalizing fundspursuant to subsection B of this section shall bepaid at the start of the general election period.

6. Expenditures for or against a participating can-didate promoting or opposing more than one can-didate who are not running for the same officeshall be allocated by the commission among can-didates for different offices based on the relativesize or length and relative prominence of the ref-erence to candidates for different offices.

D. Upon applying for citizen funding pursuant to sec-tion 16-950, a participating candidate for legislaturein a one-party-dominant legislative district who isqualified for clean campaign funding for the partyprimary election of the dominant party may choose toreallocate a portion of funds from the general elec-tion period to the primary election period. At thebeginning of the primary election period, the commis-sion shall pay from the fund to the campaign accountof a participating candidate who makes this choicean extra amount equal to fifty percent of the original

primary election spending limit, and the original pri-mary election spending limit for the candidate whomakes this choice shall be increased by the extraamount. For a primary election in which one or moreparticipating candidates have made this choice,funds shall be paid under subsections A and B of thissection only to the extent of any excess over the origi-nal primary election spending limit as so increased.If a participating candidate who makes this choicebecomes qualified for clean campaign funding for thegeneral election, the amount the candidate receivesat the beginning of the general election period shallbe reduced by the extra amount received at thebeginning of the primary election period, and theoriginal general election spending limit for that can-didate shall be reduced by the extra amount. For ageneral election in which a participating candidatehas made this choice, funds shall be paid under sub-sections A and B of this section only to the extent ofany excess over the original general election spend-ing limit, without such reduction, unless the candi-date who has made this choice is the onlyparticipating candidate in the general election, inwhich case such funds shall be paid to the extent ofexcess over the original general election spendinglimit with such reduction. For purpose of this subsec-tion, a one-party-dominant legislative district is adistrict in which the number of registered voters reg-istered in the party with the highest number of regis-tered voters exceeds the number of registered votersregistered to each of the other parties by an amountat least as high as ten percent of the total number ofvoters registered in the district. The status of a dis-trict as a one-party-dominant legislative districtshall be determined as of the beginning of the quali-fying period.

E. If an adjusted spending limit reaches three times theoriginal spending limit for a particular election, thenthe commission shall not pay any further amountsfrom the fund to the campaign account of any partici-pating candidate, and the spending limit shall not beadjusted further.

§ 16-953. Return of monies to the citizens cleanelections fundA. At the end of the primary election period, a partici-

pating candidate who has received monies pursuantto section 16-951, subsection A, paragraph 1 shallreturn to the fund all monies in the candidate’s cam-paign account above an amount sufficient to pay anyunpaid bills for expenditures made during the pri-mary election period and for goods or servicesdirected to the primary election.

B. At the end of the general election period, a partici-pating candidate shall return to the fund all moniesin the candidate’s campaign account above anamount sufficient to pay any unpaid bills for expen-ditures made before the general election and forgoods or services directed to the general election.

C. A participating candidate shall pay all uncontestedand unpaid bills referenced in this section no laterthan thirty days after the primary or general elec-tion. A participating candidate shall make monthlyreports to the commission concerning the status ofthe dispute over any contested bills. Any monies in acandidate’s campaign account after payment of billsshall be returned promptly to the fund.

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D. If a participating candidate is replaced pursuant tosection 16-343, and the replacement candidate filesan oath with the secretary of state certifying to sec-tion 16-947, subsection B, paragraph 3, the campaignaccount of the participating candidate shall be trans-ferred to the replacement candidate and the commis-sion shall certify the replacement candidate as aparticipating candidate without requiring compli-ance with section 16-950 or the remainder of section16-947. If the replacement candidate does not filesuch an oath, the campaign account shall be liqui-dated and all remaining monies returned to the fund.

§ 16-954. Clean elections tax reduction; return ofexcess moniesA. For tax years beginning on or after January 1, 1998,

a taxpayer who files on a state income tax returnform may designate a five-dollar voluntary contribu-tion per taxpayer to the fund by marking an optionalcheck-off box on the first page of the form. A taxpayerwho checks this box shall receive a five-dollar reduc-tion in the amount of tax, and five dollars from theamount of taxes paid shall be transferred by thedepartment of revenue to the fund. The departmentof revenue shall provide check-off boxes, identified asthe clean elections fund tax reduction, on the firstpage of income tax return forms, for designationspursuant to this subsection.

B. Any taxpayer may make a voluntary donation to thefund by designating the fund on an income tax returnform filed by the individual or business entity or bymaking a payment directly to the fund. Any taxpayermaking a donation pursuant to this subsection shallreceive a dollar-for-dollar tax credit not to exceedtwenty percent of the tax amount on the return orfive hundred dollars per taxpayer, whichever ishigher. Donations made pursuant to this section areotherwise not tax deductible and cannot be desig-nated as for the benefit of a particular candidate,political party, or election contest. The department ofrevenue shall transfer to the fund all donations madepursuant to this subsection. The department of reve-nue shall provide a space, identified as the clean elec-tions fund tax credit, on the first page of income taxreturn forms, for donations pursuant to this subsec-tion.

C. Beginning January 1, 1999, an additional surchargeof ten percent shall be imposed on all civil and crimi-nal fines and penalties collected pursuant to section12-116.01 and shall be deposited into the fund.

D. At least once per year, the commission shall projectthe amount of monies that the fund will collect overthe next four years and the time such monies shallbecome available. Whenever the commission deter-mines that the fund contains more monies than thecommission determines that it requires to meet cur-rent debts plus expected expenses, under theassumption that expected expenses will be at theexpenditure limit in section 16-949, subsection A,and taking into account the projections of collections,the commission shall designate such monies asexcess monies and so notify the state treasurer, whoshall thereupon return the excess monies to the gen-eral fund.

E. At least once per year, the commission shall projectthe amount of citizen funding for which all candi-

dates will have qualified pursuant to this article forthe following calendar year. By the end of each year,the commission shall announce whether the amountthat the commission plans to spend the followingyear pursuant to section 16-949, subsection Aexceeds the projected amount of citizen funding. Ifthe commission determines that the fund containsinsufficient monies or the spending cap would beexceeded were all candidate's accounts to be fullyfunded, then the commission may include in theannouncement specifications for decreases in the fol-lowing parameters, based on the commission's pro-jections of collections and expenses for the fund,made in the following order:1. First, the commission may announce a decrease

in the matching cap under section 16-952, sub-section E from three times to an amountbetween three and one times.

2. Next, the commission may announce that thefund will provide equalization monies under sec-tion 16-952, subsections A and B as a fraction ofthe amounts there specified.

3. Finally, the commission may announce that thefund will provide monies under section 16-951 asa fraction of the amounts there specified.

F. If the commission cannot provide participating can-didates with all monies specified under sections16-951 and 16-952, as decreased by any announce-ment pursuant to subsection E of this section, thenthe commission shall allocate any reductions in pay-ments proportionately among candidates entitled tomonies and shall declare an emergency. Upon decla-ration of an emergency, a participating candidatemay accept private contributions to bring the totalmonies received by the candidate from the fund andfrom such private contributions up to the adjustedspending limits, as decreased by any announcementmade pursuant to subsection E of this section.

§ 16-955. Citizens clean election commission; struc-tureA. The citizens clean elections commission is estab-

lished consisting of five members. No more than twomembers of the commission shall be members of thesame political party. No more than two members ofthe commission shall be residents of the same county.No one shall be appointed as a member who does nothave a registration pursuant to chapter 1 of this titlethat has been continuously recorded for at least fiveyears immediately preceding appointment with thesame political party or as an independent.

B. The commission on appellate court appointmentsshall nominate candidates for vacant commissionerpositions who are committed to enforcing this articlein an honest, independent, and impartial fashion andto seeking to uphold public confidence in the integ-rity of the electoral system. Each candidate shall be aqualified elector who has not, in the previous fiveyears in this state, been appointed to, been elected to,or run for any public office, including precinct com-mitteeman, or served as an officer of a political party.

C. Initially, the commission on appellate court appoint-ments shall nominate five slates, each having threecandidates, before January 1, 1999. No later thanFebruary 1, 1999, the governor shall select one can-didate from one of the slates to serve on the commis-


27J a n B r e w e r


sion for a term ending January 31, 2004. Next, thehighest-ranking official holding a statewide officewho is not a member of the same political party asthe governor shall select one candidate from anotherone of the slates to serve on the commission for aterm ending January 31, 2003. Next, the sec-ond-highest-ranking official holding a statewideoffice who is a member of the same political party asthe governor shall select one candidate from one ofthe three remaining slates to serve on the commis-sion for a term ending January 31, 2002. Next, thesecond-highest-ranking official holding a statewideoffice who is not a member of the same political partyas the governor shall select one candidate from one ofthe two remaining slates to serve on the commissionfor a term ending January 31, 2001. Finally, thethird-highest-ranking official holding a statewideoffice who is a member of the same political party asthe governor shall elect one candidate from the lastslate to serve on the commission for a term endingJanuary 31, 2000. For purpose of this section, theranking of officials holding statewide office shall begovernor, secretary of state, attorney general, trea-surer, superintendent of public instruction, corpora-tion commissioners in order of seniority, mineinspector, the members of the supreme court in orderof seniority, senate majority and minority leaders,and house majority and minority leaders.

D. One commissioner shall be appointed for a five-yearterm beginning February 1 of every year beginningwith the year 2000. The commission on appellatecourt appointments shall nominate one slate of threecandidates before January 1 of each year beginningin the year 2000, and the governor and the high-est-ranking official holding a statewide office who isnot a member of the same political party as the gov-ernor shall alternate filling such vacancies. Thevacancy in the year 2000 shall be filled by the gover-nor.

E. Members of the commission may be removed by thegovernor, with concurrence of the senate, for sub-stantial neglect of duty, gross misconduct in office,inability to discharge the powers and duties of office,or violation of this section, after written notice andopportunity for a response.

F. If a commissioner does not complete his or her termof office for any reason, the commission on appellatecourt appointments shall nominate one slate of threecandidates as soon as possible in the first thirty daysafter the commissioner vacates his or her office and areplacement shall be selected from the slate withinthirty days of nomination of the slate. The high-est-ranking official holding a statewide office who isa member of the political party of the official whonominated the commissioner who vacated office shallnominate the replacement, who shall serve as com-missioner for the unexpired portion of the term. Avacancy or vacancies shall not impair the right of theremaining members to exercise all of the powers ofthe board.

G. Commissioners are eligible to receive compensationin an amount of two hundred dollars for each day onwhich the commission meets and reimbursement ofexpenses pursuant to title 38, chapter 4, article 2.

H. The commissioners shall elect a chair to serve foreach calendar-year period from among their mem-bers whose terms expire after the conclusion of that

year. Three commissioners shall constitute a quo-rum.

I. A member of the commission shall serve no morethan one term and is not eligible for reappointment.No commissioner, during his or her tenure or forthree years thereafter, shall seek or hold any otherpublic office, serve as an officer of any political com-mittee, or employ or be employed as a lobbyist.

J. The commission shall appoint an executive directorwho shall not be a member of the commission andwho shall serve at the pleasure of the commission.The executive director is eligible to receive compen-sation set by the board within the range determinedunder section 38-611. The executive director, subjectto title 41, chapter 4, articles 5 and 6, shall employ,determine the conditions of employment, and specifythe duties of administrative, secretarial, and clericalemployees as the director deems necessary.

§ 16-956. Voter education and enforcement dutiesA. The commission shall:

1. Develop a procedure for publishing a documentor section of a document having a space of pre-defined size for a message chosen by each candi-date. For the document that is mailed before theprimary election, the document shall contain thenames of every candidate for every statewideand legislative district office in that primaryelection without regard to whether the candidateis a participating candidate or a nonparticipat-ing candidate. For the document that is mailedbefore the general election, the document shallcontain the names of every candidate for everystatewide and legislative district office in thatgeneral election without regard to whether thecandidate is a participating candidate or a non-participating candidate. The commission shallmail one copy of each document to every house-hold that contains a registered voter. For thedocument that is mailed before the primary elec-tion, the mailing may be made over a period ofdays but shall be mailed in order to be deliveredto households before the earliest date for receiptby registered voters of any requested early bal-lots for the primary election. The commissionmay mail the second document over a period ofdays but shall mail the second document in orderto be delivered to households before the earliestdate for receipt by registered voters of anyrequested early ballots for the general election.The primary election and general election docu-ments published by the commission shall complywith all of the following:(a) For any candidate who does not submit a

message pursuant to this paragraph, thedocument shall include with the candidate'slisting the words “No statement submitted”.

(b) The document shall have printed on itscover the words “Citizens Clean ElectionsCommission Voter Education Guide” and thewords “Primary Election” or “General Elec-tion” and the applicable year. The documentshall also contain at or near the bottom ofthe document cover in type that is no largerthan one-half the size of the type used for“Citizens Clean Elections Commission Voter

28J a n B r e w e r



Education Guide” the words “Paid for by theCitizens Clean Elections Fund”.

(c) In order to prevent voter confusion, the doc-ument shall be easily distinguishable fromthe publicity pamphlet that is required to beproduced by the Secretary of State pursuantto section 19-123.

2. Sponsor debates among candidates, in suchmanner as determined by the commission. Thecommission shall require participating candi-dates to attend and participate in debates andmay specify by rule penalties for nonparticipa-tion. The commission shall invite and permitnonparticipating candidates to participate indebates.

3. Prescribe forms for reports, statements, noticesand other documents required by this article.

4. Prepare and publish instructions setting forthmethods of bookkeeping and preservation ofrecords to facilitate compliance with this articleand explaining the duties of persons and com-mittees under this article.

5. Produce a yearly report describing the commis-sion’s activities and any recommendations forchanges of law, administration or fundingamounts and accounting for monies in the fund.

6. Adopt rules to implement the reporting require-ments of section 16-958, subsections D and E.

7. Enforce the provisions of this article, ensure thatmoney from the fund is placed in candidate cam-paign accounts or otherwise spent as specified inthis article and not otherwise, monitor reportsfiled pursuant to this chapter and financialrecords of candidates as needed to ensure thatequalization monies are paid promptly to oppos-ing qualified candidates under section 16-952and ensure that money required by this article tobe paid to the fund is deposited in the fund.

B. The commission may subpoena witnesses, compeltheir attendance and testimony, administer oathsand affirmations, take evidence and require by sub-poena the production of any books, papers, records orother items material to the performance of the com-mission’s duties or the exercise of its powers.

C. The commission may adopt rules to carry out thepurposes of this article and to govern procedures ofthe commission. Commission rule making is exemptfrom title 41, chapter 6, article 3, except that thecommission shall submit the rules for publicationand the secretary of state shall publish the rules inthe Arizona administrative register. The commissionshall propose and adopt rules in public meetings,with at least sixty days allowed for interested partiesto comment after the rules are proposed.

D. Based on the results of the elections in the year 2002or any quadrennial election thereafter, and withinsix months after such election, the commission mayadopt rules changing the number of qualifying con-tributions required for any office from those listed insection 16-950, subsection D, by no more than twentyper cent of the number applicable for the precedingelection.

§ 16-957. Enforcement procedureA. If the commission finds that there is reason to believe

that a person has violated any provision of this arti-

cle, the commission shall serve on that person anorder stating with reasonable particularity thenature of the violation and requiring compliancewithin fourteen days. During that period, the allegedviolator may provide any explanation to the commis-sion, comply with the order, or enter into a publicadministrative settlement with the commission.

B. Upon expiration of the fourteen days, if the commis-sion finds that the alleged violator remains out ofcompliance, the commission shall make a public find-ing to that effect and issue an order assessing a civilpenalty in accordance with section 16-942, unless thecommission publishes findings of fact and conclu-sions of law expressing good cause for reducing orexcusing the penalty. The violator has fourteen daysfrom the date of issuance of the order assessing thepenalty to appeal to the superior court as provided intitle 12, chapter 7, article 6.

C. Any candidate in a particular election contest whobelieves that any opposing candidate has violatedthis article for that election may file a complaint withthe commission requesting that action be taken pur-suant to this section. If the commission fails to makea finding under subsection A of this section withinthirty days after the filing of such a complaint, thecandidate may bring a civil action in the superiorcourt to impose the civil penalties prescribed in thissection.

§ 16-958. Manner of filing reportsA. Any person who has previously reached the dollar

amount specified in section 16-941, subsection D forfiling an original report shall file a supplementalreport each time previously unreported independentexpenditures specified by that subsection exceedsone thousand dollars. Any person who has previouslyreached the dollar amounts specified in section16-941, subsection B, paragraph 2 for filing an origi-nal report shall file a supplemental report to declarethat previously unreported expenditures or contribu-tions specified by that paragraph exceed (1) ten per-cent of the original primary election spending limitor twenty-five thousand dollars, whichever is lower,before the general election period, or (2) ten percentof the original general election spending limit ortwenty-five thousand dollars, whichever is lower,during the general election period. Such reports shallbe filed at the times specified in subsection B of thissection and shall identify the dollar amount beingreported, the candidate, and the date.

B. Any person who must file an original report pursu-ant to section 16-941, subsection B, paragraph 2 orsubsection D, or who must file a supplemental reportfor previously unreported amounts pursuant to sub-section A of this section, shall file as follows:1. Before the beginning of the primary election

period, the person shall file a report on the firstof each month, unless the person has notreached the dollar amount for filing an originalor supplemental report on that date.

2. Thereafter, except as stated in paragraph 3 ofthis subsection, the person shall file a report onany Tuesday by which the person has reachedthe dollar amount for filing an original or sup-plemental report.


29J a n B r e w e r


3. During the last two weeks before the primaryelection and the last two weeks before the gen-eral election, the person shall file a report withinone business day of reaching the dollar amountfor filing an original or supplemental report.

C. Any filing under this article on behalf of a candidatemay be made by the candidate’s campaign commit-tee. All candidates shall deposit any check receivedby and intended for the campaign and made payableto the candidate or the candidate’s campaign commit-tee, and all cash received by and intended for thecampaign, in the candidate’s campaign accountbefore the due date of the next report specified insubsection B of this section. No candidate or personacting on behalf of a candidate shall conspire with adonor to postpone delivery of a donation to the cam-paign for the purpose of postponing the reporting ofthe donation in any subsequent report.

D. The secretary of state shall immediately notify thecommission of the filing of each report under this sec-tion and deliver a copy of the report to the commis-sion, and the commission shall promptly mail orotherwise deliver a copy of each report filed pursuantto this section to all participating candidates oppos-ing the candidate identified in section 16-941, sub-section B, paragraph 2 or subsection D.

E. Any report filed pursuant to this section or section16-916, subsection A, paragraph 1 or subsection Bshall be filed in electronic format. The secretary ofstate shall distribute computer software to politicalcommittees to accommodate such electronic filing.

F. During the primary election period and the generalelection period, all candidates shall make availablefor public inspection all bank accounts, campaignfinance reports, and financial records relating to thecandidate’s campaign, either by immediate disclo-sure through electronic means or at the candidate’scampaign headquarters, in accordance with rulesadopted by the commission.

§ 16-959. Inflationary and other adjustments of dol-lar valuesA. Every two years, the secretary of state shall modify

the dollar values specified in the following parts ofthis article, in the manner specified by section16-905, subsection J, to account for inflation: section16-941, subsection A, paragraph 2 or subsection D;section 16-942, subsection B; section 16-944; section16-945, subsection A, paragraphs 1 and 2; section16-948, paragraph C; section 16-954, subsection B;section 16-955, subsection G; and section 16-961,subsections G and H. In addition, the secretary ofstate shall make a similar inflation adjustment bymodifying the dollar values in section 16-949, subsec-tion A and section 16-954, subsection A to the near-est dollar. In addition, every two years, the secretaryof state shall change the dollar values in section16-961, subsections G and H in proportion to thechange in the number of Arizona resident personalincome tax returns filed during the previous calendaryear.

B. Based on the results of the elections in the year 2002or any quadrennial election thereafter, and withinsix months after such election, the commission mayadopt rules in a public meeting reallocating fundsavailable to all candidates between the primary andgeneral elections by selecting a fraction for primary

election spending limits that is between one thirdand one half of the spending limits for the election asa whole. For each office, the primary election spend-ing limit shall be modified to be the sum of the pri-mary and general spending limits times the selectedfraction, and the general election spending limitshall be modified to be the same sum times one lessthe selected fraction.

§ 16-960. SeverabilityIf a provision of this act or its application to any person orcircumstance is held invalid, the invalidity does not affectother provisions or applications of the act that can begiven effect without the invalid provision or application,and to this end the provisions of this act are severable. Inany court challenge to the validity of this article, the com-mission and Arizonans for clean elections shall havestanding to intervene.

§ 16-961. DefinitionsA. The terms “candidate’s campaign committee,” “con-

tribution,” “expenditures,” “exploratory committee,”“independent expenditure,” “personal monies,” “polit-ical committee,” and “statewide office” are defined insection 16-901.

B. 1.“Election cycle” means the period between succes-sive general elections for a particular office.2. “Exploratory period” means the period beginning

on the day after a general election and endingthe day before the start of the qualifying period.

3. “Qualifying period” means the period beginningon the first day of August in a year preceding anelection, for an election for a statewide office, oron the first day of January of an election year, foran election for legislator, and ending seventy-fivedays before the day of the general election.

4. “Primary election period” means the nine-weekperiod ending on the day of the primary election.

5. “General election period” means the periodbeginning on the day after the primary electionand ending on the day of the general election.

6. For any recall election, the qualifying periodshall begin when the election is called and lastfor thirty days, there shall be no primary elec-tion period, and the general election period shallextend from the day after the end of the qualify-ing period to the day of the recall election. Forrecall elections, any reference to “general elec-tion” in this article shall be treated as if refer-ring to the recall election.

C. 1.“Participating candidate” means a candidate whobecomes certified as a participating candidate pursu-ant to section 16-947.2. “Nonparticipating candidate” means a candidate

who does not become certified as a participatingcandidate pursuant to section 16-947.

3. Any limitation of this article that is applicable toa participating candidate or a nonparticipatingcandidate shall also apply to that candidate’scampaign committee or exploratory committee.

D. “Commission” means the citizens clean electionscommission established pursuant to section 16-955.

E. “Fund” means the citizens clean election funddefined by this article.

F. 1.“Party nominee” means a person who has beennominated by a political party pursuant to sections16-301 or 16-343.

30J a n B r e w e r



2. “Independent candidate” means a candidate whohas properly filed nominating papers and nomi-nating petitions with signatures pursuant to sec-tion 16-341.

3. “Unopposed,” with reference to an election for amember of the house of representatives, meansopposed by no more than one other candidate.

G. “Primary election spending limits” means:1. For a candidate for legislature, ten thousand dol-

lars.2. For candidate for mine inspector, twenty thou-

sand dollars.3. For a candidate for treasurer, superintendent of

public instruction, or corporation commission,forty thousand dollars.

4. For a candidate for secretary of state or attorneygeneral, eighty thousand dollars.

5. For a candidate for governor, three hundredeighty thousand dollars.

H. “General election spending limits” means amountsfifty percent greater than the amounts specified insubsection G of this section.

I. 1.“Original” spending limit means a limit specified insubsections G and H of this section, as adjusted pur-suant to section 16-959, or a special amountexpressly set for a particular candidate by a provi-sion of this title.2. “Adjusted” spending limit means an original

spending limit as further adjusted to account forreported overages pursuant to section 16-952.


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2005-2006 ELECTION CYCLECAMPAIGN CONTRIBUTION LIMITS

CONTRIBUTION LIMITS ADJUSTED JANUARY 31, 2005, PURSUANT TO A.R.S.§ 16-905(J)

NOTIFICATION LEVELS FOR CANDIDATES’ AND DESIGNATING INDIVIDUALS’ PERSONAL MONIES

Revised 1/05

CAMPAIGN CONTRIBUTION LIMITS NON-STATEWIDE OFFICESCandidate or AuthorizedCandidate's Committee

STATEWIDE OFFICESCandidate or AuthorizedCandidate's Committee

LOCAL LEGISLATIVE

Individual's contribution to a candidateA.R.S. § 16-905(A)(1)A.R.S. § 16-905(B)(1)

$370 $296 $760

Political Committee's contribution to a candidateA.R.S. § 16-905(A)(2)A.R.S. § 16-905(B)(2)

$370 $296 $760

Committees certified by the Secretary of State to give at the upper limit “Super PAC”A.R.S. § 16-905(I)A.R.S. § 16-905(A)(3)A.R.S. § 16-905(B)(3)

$1,890 $1,512 $3,784

Combined total from all Political Committees other than political partiesA.R.S. § 16-905(C)

$9,460 $7,568 $75,624

Nominee's total from political party and all political orga-nizations combinedA.R.S. § 16-905(D)

$9,460 $7,568 $75,624

Total contributed by an individual to candidatesAnd committees who give to candidatesA.R.S. § 16-905(E)

$3,530 in a calendar year

PERSONAL MONIES NOTIFICATIONA.R.S. § 16-905(F)&(G)

NON-STATEWIDE OFFICESCandidate or AuthorizedCandidate's Committee

STATEWIDE OFFICESCandidate or AuthorizedCandidate's Committee

Candidate Exploratory Candidate Exploratory

Candidates' and Designating Individuals’ obligated or contributed personal monies: first notification A.R.S. § 16-905(F)&(G)

$14,800 $14,800 $29,580 $29,580

Candidates' and Designating Individuals’ obligated or contributed personal monies: subsequent notification A.R.S. § 16-905(F)&(G)

$7,410 $7,490 $14,800 $15,060

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Campaign Contributions and ExpensesA publication of the Arizona Secretary of State’s Office, Election Services Division

Publication updated 8-22-05

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