Bill
Number: S.B. 1393
Nelson Floor Amendment
Reference to: printed bill
Amendment drafted by: Legislative Council – Marge Ray
FLOOR AMENDMENT EXPLANATION
Removes proposed language establishing the crime of 2nd degree bribery of a public servant or party officer.
Reverts campaign finance report violation language back to statutory status quo.
Second Regular Session S.B. 1393
NELSON FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1393
(Reference to printed bill)
Page 1, strike lines 2 through 45
Page 2, strike lines 1 and 2
Renumber to conform
Page 9, line 39, after the period insert "signature rosters may be retained pursuant to this section in an electronic format."
Between lines 39 and 40, insert:
"Sec. 6. Section 16-312, Arizona Revised Statutes, is amended to read:
16-312. Filing of nomination papers for write‑in candidates
A. Any person desiring to become a write‑in candidate for an elective office in any election shall file a nomination paper, signed by the candidate, giving the person's actual residence address or description of place of residence and post office address, age, length of residence in the state and date of birth.
B. A write‑in candidate shall file the nomination paper not later than 5:00 p.m. on the fortieth day prior to the election, except that:
1. A candidate running as a write‑in candidate as provided in section 16‑343, subsection D shall file the nomination paper not later than 5:00 p.m. on the fifth day before the election.
2. A candidate running as a write-in candidate for an election that may be canceled pursuant to section 15‑424, 15-1442, 16‑822, 48‑802, 48‑1012, 48-1082, 48‑1208, 48‑1404, 48‑1908, 48‑2010, 48‑2107 or 48‑2208 shall file the nomination paper not later than 5:00 p.m. on the seventy-sixth day before the election.
C. The write‑in filing procedure shall be in the same manner as prescribed in section 16‑311. Any person who does not file a timely nomination paper shall not be counted in the tally of ballots. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided both of the following:
1. A political committee statement of organization or the five hundred dollar threshold exemption statement for that office.
2. The financial disclosure statement as prescribed for candidates for that office.
D. The secretary of state shall notify the various boards of supervisors as to write‑in candidates filing with the secretary of state's office. The county school superintendent shall notify the appropriate board of supervisors as to write‑in candidates filing with the superintendent's office. The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements. In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed. No other write‑ins shall be counted. The election board inspector shall post the notice of official write‑in candidates in a conspicuous location within the polling place.
E. Except as provided in section 16‑343, subsection E, a candidate may not file pursuant to this section if any of the following applies:
1. For a candidate in the general election, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.
2. For a candidate in the general election, the candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16‑322.
3. For a candidate in the primary election, the candidate filed a nomination petition for the current primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16‑322.
4. For a candidate in the general election, the candidate filed a nomination petition for nomination other than by primary for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16‑341.
F. A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice‑presidential running mate, the names of presidential electors who will represent that candidate and a statement signed by the vice‑presidential running mate and designated presidential electors that indicates their consent to be designated. A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper. The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state."
Renumber to conform
Page 28, between lines 12 and 13, insert:
"Sec. 23. Section 41-121, Arizona Revised Statutes, is amended to read:
41-121. Duties
A. The secretary of state shall:
1. Receive bills and resolutions from the legislature, and perform such other duties as devolve upon the secretary of state by resolution of the two houses or either of them.
2. Keep a register of and attest the official acts of the governor.
3. Act as custodian of the great seal of this state.
4. Affix the great seal, with the secretary of state's attestation, to public instruments to which the official signature of the governor is attached.
5. File in the secretary of state's office receipts for all books distributed by the secretary of state and direct the county recorder of each county to do the same.
6. Certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor.
7. Publish slip laws of each act of the legislature promptly upon passage and approval of such act, make such acts available to interested persons for a reasonable fee to compensate for the cost of printing and provide each house of the legislature and the legislative council with a certified copy of each bill or resolution, showing the chapter or resolution number of each, as each is filed in the secretary of state's office.
8. Keep a fee book of fees and compensation of whatever kind and nature earned, collected or charged by the secretary of state, with the date, the name of the payer and the nature of the service in each case. The fee book shall be verified annually by the secretary of state's affidavit entered in the fee book.
9. Perform other duties imposed on the secretary of state by law.
10. Report to the governor on January 2 each year, and at such other times as provided by law, a detailed account of the secretary of state's official actions taken since the secretary of state's previous report together with a detailed statement of the manner in which all appropriations for the secretary of state's office have been expended.
11. Transfer all noncurrent or inactive books, records, deeds and other papers otherwise required to be filed with or retained by the secretary of state to the custody of the Arizona state library, archives and public records.
12. Make available to the public, without charge, title 33, chapters 10 and 11 on the secretary of state's website.
13. Accept, and approve for use, electronic and digital signatures that comply with section 41‑132, for documents filed with and by all state agencies, boards and commissions. In consultation with the government information technology agency, the department of administration and the state treasurer, the secretary of state shall adopt rules pursuant to chapter 6 of this title establishing policies and procedures for the use of electronic and digital signatures by all state agencies, boards and commissions for documents filed with and by all state agencies, boards and commissions.
14. Meet at least annually with personnel from the federal voting assistance office of the United States department of defense and with county recorders and other county election officials in this state to coordinate the delivery and return of registrations, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens.
B. The secretary of state may refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested for an unlawful, illegitimate, false or fraudulent purpose or is being requested or submitted in bad faith or for the purpose of harassing or defrauding a person or entity. This subsection does not apply to election filings."
Renumber to conform
Amend title to conform
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