Reference Title: initiative, referendum and recall; revisions

AN ACT
AMENDING SECTIONS 16-315, 16-321, 19-112, 19-114, 19-121.01, 19-121.02, 19-121.04, 19-205, 19-205.02, 19-208.01, 19-208.02, 19-212 AND 48-265, ARIZONA REVISED STATUTES; RELATING TO PETITIONS.

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

Section 1. Section 16-315, Arizona Revised Statutes, is amended to read:

16-315 . Form of petitions

A. The nomination petitions shall be in substantially the following form:

1. Petitions shall be on paper fourteen inches wide and eight and one-half inches long.

2. Petitions shall be headed by a caption stating the purpose of the petition, followed by the body of the petition stating the intent of the petitioners.

3. There shall be fifteen lines spaced three-eighths of an inch apart and consecutively numbered one through fifteen.

4. The signature portion of the petition shall be divided into columns headed by the titles: signature; printed name; residence or mailing address or, if no street address, a description of residence location, city, town or post office; and date of signing.

5. A photograph of the candidate may appear on the nomination petition.

B. The following shall appear on the petition:

Instructions for Circulators

1. All petitions shall be signed by circulator.

2. Circulator must be a qualified elector of TO REGISTER TO VOTE IN this state.

3. Circulator's name shall be typed or printed under such person's signature.

4. Circulator's residence address or, if no street address, a description of residence location shall be included on the petition.

C. The secretary of state shall prepare sample nomination petition forms and distribute such forms to all election officers.

Sec. 2. Section 16-321, Arizona Revised Statutes, is amended to read:

16-321 . Signing and certification of nomination petition

A. Each signer of a nomination petition shall sign only one petition for the same office unless more than one candidate is to be elected to such office, and in that case not more than the number of nomination petitions equal to the number of candidates to be elected to the office. A signature shall not be counted on a nomination petition unless the signature is upon a sheet bearing the form prescribed by section 16-314.

B. The person before whom the signatures were written on the signature sheet shall be a qualified elector of TO REGISTER TO VOTE IN this state PURSUANT TO SECTION 16-101 and shall verify that each of the names on the petition was signed in his presence on the date indicated, and that in his belief each signer was a qualified elector who resides at the address given as their THE SIGNER'S residence on the date indicated and, if for a partisan election, that each signer is a member of the party the nomination of which the candidate whose name appears on the nomination petition is seeking. The way the name appears on the petition shall be the name used in determining the validity of the name for any legal purpose pursuant to the election laws of this state. Signature and handwriting comparisons may be made.

Sec. 3. Section 19-112, Arizona Revised Statutes, is amended to read:

19-112 . Signatures and verification; attachment

A. Every qualified elector signing a petition shall do so in the presence of the person WHO IS circulating the petition and who is to execute the affidavit of verification. At the time of signing, the qualified elector shall sign his first and last names in the spaces provided and the elector so signing or the person circulating the petition shall print his first and last names and write, in the appropriate spaces following the signature, the signer's residence address, giving street and number, and if he has no street address, a description of his residence location. The elector so signing or the person circulating the petition shall write, in the appropriate spaces following the elector's address, the date on which the elector signed the petition.

B. The signature sheets shall be attached AT ALL TIMES DURING CIRCULATION to a full and correct copy of the title and text of the measure or constitutional amendment proposed or referred by the petition at all times during circulation . The title and text shall be in at least eight point type and shall include both the original and the amended text. The text shall indicate material deleted, if any, by printing the material with a line drawn through the center of the letters of the material and shall indicate material added or new material by printing the letters of the material in capital letters.

C. The person before whom the signatures and addresses were written on the signature sheet shall, on the affidavit form pursuant to this section, subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed in the presence of the elector and the circulator on the date indicated, and that in his belief each signer was a qualified elector of a certain county of the state, or, in the case of a city, town or county measure, of the city, town or county affected by the measure on the date indicated, and that at all times during circulation of the signature sheet a copy of the title and text was attached to the signature sheet. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. However, if signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county which are most numerous on the signature sheet shall be counted. Signature and handwriting comparisons may be made.

D. The affidavit shall be in the following form printed on the reverse side of each signature sheet:

Affidavit of Circulator

State of Arizona )

) ss.:

County of ________)

(Where notarized)

I, (print name), a PERSON WHO IS qualified elector TO REGISTER TO VOTE in the county of _______, in the state of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that each individual signed this sheet of the foregoing petition in my presence on the date indicated, and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county measure, of the city, town or county affected by the measure proposed to be initiated or referred to the people) and that at all times during circulation of this signature sheet a copy of the title and text was attached to the signature sheet.

(Signature of affiant) ____________________

(Residence address, street and

number of affiant,

or if no street address,

a description of residence

location)

__________________________________

(County of Registration) ________________________________

(If registered at a different

address at any time during

circulation of this sheet,

former address of affiant) _________________________________

Subscribed and sworn to before me this _____ day of _____________, 19__ ON ____________________. (DATE) ____________________________________ Notary Public ___________________________, Arizona.

My commission expires on the __ day of ________, 19__ _____________ . (DATE)

E. The eight point type required by subsection B shall not apply to maps, charts or other graphics.

Sec. 4. Section 19-114, Arizona Revised Statutes, is amended to read:

19-114 . Prohibition on circulating petitions by certain persons

A. No county recorder or justice of the peace and no person other than a PERSON WHO IS qualified elector shall TO REGISTER TO VOTE PURSUANT TO SECTION 16-101 MAY circulate an initiative or referendum petition and all signatures verified by any such person shall be void and shall not be counted in determining the legal sufficiency of the petition.

B. Signatures obtained on initiative and referendum petitions by a political committee proposing the initiative or referendum or any of its officers, agents, employees or members prior to the filing of the committee's statement of organization are void and shall not be counted in determining the legal sufficiency of the petition.

Sec. 5. Section 19-121.01, Arizona Revised Statutes, is amended to read:

19-121.01 . Secretary of state; removal of petition and ineligible signatures; facsimile sheets; random sample

A. Within fifteen days, excluding Saturdays , and Sundays and other legal holidays, of the date of filing of an initiative or referendum petition and issuance of the receipt, the secretary of state shall:

1. Remove the following:

(a) Those sheets not attached to a copy of the title and text of the measure.

(b) The copy of the title and text from the remaining petition sheets.

(c) Those sheets not bearing the petition serial number in the lower right-hand corner of each side.

(d) Those sheets containing a circulator's affidavit that is not completed or signed.

(e) Those sheets on which the affidavit of the circulator is not notarized, the notary's signature is missing, the notary's commission has expired or the notary's seal is not affixed.

(f) Those sheets on which the signatures of the circulator or the notary are dated earlier than the dates on which the electors signed the face of the petition sheet.

2. After completing the steps in paragraph 1 of this subsection, review each sheet to determine the county of the majority of the signers and shall:

(a) Place a three or four letter abbreviation designating that county in the upper right-hand corner of the face of the petition.

(b) Remove all signatures of those not in the county of the majority on each sheet by marking an "SS" in red ink in the margin to the right of the signature line.

(c) Cause all signature sheets to be grouped together by county of registration of the majority of those signing and attach them to one or more copies of the title and text of the measure. If the sheets are too bulky for convenient grouping by the secretary of state in one volume by county, they may be bound in two or more volumes with those in each volume attached to a single printed copy of the measure. The remaining detached copies of the title and text of the measure shall be delivered to the applicant.

3. After completing the steps in paragraph 2 of this subsection, remove the following signatures that are not eligible for verification by marking an "SS" in red ink in the margin to the right of the signature line:

(a) If the signature of the qualified elector is missing.

(b) If the residence address or the description of residence location is missing.

(c) If the date on which the petitioner signed is missing.

(d) Signatures in excess of the fifteen signatures permitted per petition.

(e) Signatures withdrawn pursuant to section 1-261.

4. After the removal of petition sheets and signatures, count the number of signatures for verification on the remaining petition sheets and note that number in the upper right-hand corner of the face of each petition sheet immediately above the county designation.

5. Number the remaining petition sheets that were not previously removed and that contain signatures eligible for verification in consecutive order on the front side of each petition sheet in the upper left-hand corner.

6. Count all remaining petition sheets and signatures not previously removed and issue a receipt to the applicant of this total number eligible for verification.

B. If the total number of signatures for verification as determined pursuant to subsection A, paragraph 6 of this section equals or exceeds the constitutional minimum, the secretary of state, during the same fifteen day period provided in subsection A of this section, shall select, at random, five per cent of the total signatures eligible for verification by the county recorders of the counties in which the persons signing the petition claim to be qualified electors. The random sample of signatures to be verified shall be drawn in such a manner that every signature eligible for verification has an equal chance of being included in the sample. The random sample produced shall identify each signature selected by petition page and line number. The signatures selected shall be marked according to the following procedure:

1. Using red ink, mark the selected signature by circling the line number and drawing a line from the base of the circle extending into the left margin.

2. If a signature line selected for the random sample is found to be blank or was removed from the verification process pursuant to subsection A of this section and is marked with an "SS", then the next line down, even if that requires going to the next petition sheet in sequence, on which an eligible signature appears shall be selected as a substitute if that line has not already been selected for the random sample. If the next eligible line is already being used in the random sample, the secretary of state shall proceed back up the page from the signature line originally selected for the random sample to the next previous signature line eligible for verification. If that line is already being used in the random sample, the secretary of state shall continue moving down the page or to the next page from the line originally selected for the random sample and shall select the next eligible signature as its substitute for the random sample. The secretary of state shall use this process of alternately moving forward and backward until a signature eligible for verification and not already included in the random sample can be selected and substituted.

C. After the selection of the random sample and the marking of the signatures selected on the original petition sheets pursuant to subsection B of this section, the secretary of state shall reproduce a facsimile of the front and back of each signature sheet on which a signature included in the random sample appears and shall also reproduce a facsimile of each affidavit of circulator for each petition sheet remaining, including those sheets on which no signature was selected for random sample verification, together with the face of the petition sheet to which each affidavit corresponds . The secretary of state shall clearly identify those signatures marked for verification by color highlighting or other similar method and shall transmit the facsimile sheets by personal delivery or certified mail to each county recorder as follows:

1. A FACSIMILE SHEET OF each signature sheet on which a signature appears of any individual claiming to be a qualified elector of that county whose signature was selected for verification as part of the random sample.

2. The affidavit of each circulator claiming to be a qualified elector of that county.

D. The secretary of state shall retain in his custody all signature sheets removed pursuant to this section except as otherwise prescribed in this title.

Sec. 6. Section 19-121.02, Arizona Revised Statutes, is amended to read:

19-121.02 . Certification by county recorder

A. Within ten days, excluding Saturdays, Sundays and other legal holidays, after receiving the facsimile signature sheets and affidavits from the secretary of state pursuant to section 19-121.01, the county recorder shall determine which signatures or affidavits of individuals whose names were transmitted shall be disqualified for any of the following reasons:

1. No residence address or description of residence location is provided.

2. No date of signing is provided.

3. The signature is illegible and the signer is otherwise unidentifiable.

4. The address provided is illegible or nonexistent.

5. The individual was not a qualified elector on the date of signing the petition or affidavit .

6. The individual was a registered voter but was not at least eighteen years of age on the date of signing the petition or affidavit.

7. The individual was registered at a different address or location and in a different precinct from the address or location provided on the petition or affidavit on the date the petition or affidavit was signed.

8. 7. The signature was disqualified after comparison with the signature on the affidavit of registration.

9. 8. If a petitioner signed more than once, all but one otherwise valid signature shall be disqualified.

10. 9. For the same reasons any signatures or entire petition sheets could have been removed by the secretary of state pursuant to section 19-121.01, subsection A.

B. The disqualification of the circulator with respect to an affidavit pursuant to subsection A of this section results in the disqualification and removal of all signatures on that petition sheet but not necessarily all petition sheets circulated by that circulator without an independent reason for disqualification for each sheet.

C. B. Within the same time period provided in subsection A of this section, the county recorder shall certify to the secretary of state the following:

1. The name of any individual whose signature was included in the random sample and disqualified by the county recorder together with the petition page and line number of the disqualified signature.

2. The name of any other individual petition signer whose signature was disqualified by the county recorder together with the petition page and line number of the disqualified signature.

3. The total number of signatures selected for the random sample and transmitted to the county recorder for verification and the total number of random sample signatures disqualified as well as the total number of all other individual signatures disqualified.

4. The name of each circulator disqualified by the county recorder together with the page number of each petition sheet thereby disqualified.

5. The total number of signatures on those petition sheets disqualified due to the disqualification of the circulator.

D. The secretary of state shall prescribe the form of the county recorder's certification.

E. At the time of the certification, the county recorder shall:

1. Return the facsimile signature sheets and affidavits to the secretary of state.

2. Send notice of the results of the certification by mail to the person or organization that submitted the initiative or referendum petitions and to the secretary of state.

Sec. 7. Section 19-121.04, Arizona Revised Statutes, is amended to read:

19-121.04 . Disposition of petitions by secretary of state

A. Within forty-eight hours, excluding Saturday SATURDAYS, SUNDAYS and OTHER legal holidays, after receipt of the facsimile signature sheets , the affidavit of circulator pages and the certification of each county recorder, the secretary of state shall determine the total number of valid signatures by subtracting from the total number of eligible signatures DETERMINED pursuant to section 19-121.01, subsection A, paragraph 6 in the following order:

1. All signatures obtained by unqualified circulators or on petitions containing a defective circulator's affidavit.

2. All signatures that were found ineligible by the county recorders and that were not subtracted pursuant to paragraph 1 of this subsection.

3. After determining the percentage of all signatures found to be invalid in the random sample, a like percentage from those signatures remaining after the subtractions performed pursuant to paragraphs 1 and 2 of this subsection.

B. If the actual number of signatures after certification pursuant to subsection C of this section on the remaining sheets after any such subtraction equals or exceeds the minimum number required by the constitution or if the number of valid signatures as projected from the random sample pursuant to subsection A of this section is at least one hundred five per cent of the minimum number required by the constitution, the secretary of state shall issue the following receipt to the person or organization that submitted them:

___________________ signature pages bearing _____________ signatures for initiative (referendum) petition serial number ____ have been refused for filing in this office because the person circulating them was not a qualified elector at the time of circulating the petition or was a county recorder or justice of the peace at the time of circulating the petition or due to defects in the circulator's affidavit. A total of ________________ signatures included on the remaining petition sheets were found to be ineligible. Of the total random sample of _______________ signatures, a total of __________ signatures were invalidated by the county recorders resulting in a failure rate of _________ per cent. The actual number of remaining signatures for such initiative (referendum) petition number ________ are equal to or in excess of the minimum required by the constitution to place a measure on the general election ballot. The number of valid signatures filed with this petition, based on the random sample, appears to be at least one hundred five per cent of the minimum required or through examination of each signature has been certified to be greater than the minimum required by the constitution.

Date: _______________________ __________________________ Secretary of State (Seal)

The secretary of state shall then forthwith notify the governor that a sufficient number of signatures has been filed and that the initiative or referendum shall be placed on the ballot in the manner provided by law.

C. If the number of valid signatures as projected from the random sample is less than one hundred five but greater than ninety-five per cent of the minimum number required by the constitution, then the secretary of state shall order the examination and verification of each signature filed and shall so notify the county recorders. The county recorder's certification shall be in the form prescribed by the secretary of state.

D. If the number of valid signatures as projected from the random sample is less than ninety-five per cent of the minimum number required by the constitution or if the actual number of signatures on the remaining sheets after any such subtraction from the random sample or after certification fails to equal or exceed the minimum required by the constitution, the secretary of state shall immediately return the original signature sheets, in the form filed by him under section 19-121, to the person or organization that submitted them, together with a certified statement that, for the following reasons, the petition lacks the minimum number of signatures to place it on the general election ballot:

1. Signature sheets bearing secretary of state page numbers _________________ and bearing signatures of ____________ persons were circulated by a person or persons prohibited from doing so under section 19-114 or appeared on petitions containing a defective circulator's affidavit.

2. A total of signatures on the remaining petition sheets were found to be ineligible.

3. A total of signatures included in the random sample have been certified by the county recorders as ineligible at the time such petition was signed and a projection from such random sample has indicated that _____________ more signatures are ineligible to appear on the petition. A facsimile of the certifications of the county recorders under section 19-121.02 shall accompany the signature sheets returned to the person or organization that submitted them.

Sec. 8. Section 19-205, Arizona Revised Statutes, is amended to read:

19-205 . Signatures and verification

A. Every qualified elector signing a petition for a recall election shall do so in the presence of the person WHO IS circulating the petition and who is to execute the affidavit of verification on the reverse side of the signature sheet. At the time of signing, the qualified elector shall sign and print his first and last name and the elector so signing shall write, in the appropriate spaces following the signature, his residence address, giving street and number or, if the elector has no street address, a description of his residence location, and the date on which he signed the petition.

B. The person before whom the signatures were written on the signature sheet shall in an affidavit subscribed and sworn to by him before a notary public verify that each of the names on the sheet was signed in his presence on the date indicated, and that in his belief each signer was a qualified elector of the election district on the date indicated in which such recall election will be conducted. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. However, if signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county which are most numerous on the signature sheet shall be counted. In the absence of a legible signature, the name as it is printed shall be the name used to determine the validity of the signature.

C. The affidavit shall be in the form prescribed for initiative and referendum. In addition it shall also require a statement by the circulator that the circulator believes that the circulator IS QUALIFIED TO REGISTER TO VOTE and all signers thereof are qualified to vote in the recall election.

Sec. 9. Section 19-205.02, Arizona Revised Statutes, is amended to read:

19-205.02 . Prohibition on circulating of petitions by certain persons

No county recorder or justice of the peace , and no person other than a PERSON WHO IS qualified elector shall TO REGISTER TO VOTE PURSUANT TO SECTION 16-101 MAY circulate a recall petition , and all signatures verified by any such unqualified person shall be ARE void and shall not be counted in determining the legal sufficiency of the petition.

Sec. 10. Section 19-208.01, Arizona Revised Statutes, is amended to read:

19-208.01 . Certification of number of signatures

A. Within ten days after submission of a recall petition for verification of signatures pursuant to section 19-203, the receiving officer shall perform the steps prescribed in section 19-121.01, subsection A. If the total number of signatures eligible for verification equals or exceeds the minimum number required by the Arizona Constitution he THE RECEIVING OFFICER shall reproduce a facsimile of the front and back of each signature sheet on which any signature eligible for verification appears and shall also reproduce a facsimile of each affidavit of circulator for each remaining petition sheet together with the face of the petition sheet to which each affidavit corresponds . The receiving officer shall transmit promptly to each county recorder facsimile sheets on which a signature of any individual claiming to be a qualified elector of that county appears and the affidavit of each circulator claiming to be a qualified elector of that county . The receiving officer shall also certify the number of sheets and signatures thereon ON THE SHEETS that are being transmitted and retain a record of such certification in his office. Such receiving officer shall obtain a dated, signed receipt from the county recorder for copies of the original signature sheets transmitted under this section.

B. If the number of signatures on the sheets submitted to the receiving officer do DOES not equal the minimum number required by the constitution, he shall so notify the person or organization submitting them and shall return the sheets to the persons or organization.

Sec. 11. Section 19-208.02, Arizona Revised Statutes, is amended to read:

19-208.02 . Certification by county recorder

A. Within sixty days after receipt of the signature sheets from the receiving officer, the county recorder shall determine the number of signatures or affidavits of individuals whose names were transmitted that must be disqualified for any of the reasons set forth in section 19-121.02, subsections SUBSECTION A and B , and he THE COUNTY RECORDER shall so certify such number to the receiving officer in the form prescribed by the secretary of state.

B. At the time of such certification, the county recorder shall:

1. Return the original signature sheets to the receiving officer, obtaining a dated, signed receipt therefor.

2. Send notice of the results of certification by mail to the person or organization that submitted the recall petitions and to the secretary of state.

Sec. 12. Section 19-212, Arizona Revised Statutes, is amended to read:

19-212 . Nomination petition; form; filing

A. Unless he otherwise requests in writing, the name of the officer against whom a recall petition is filed shall be placed as a candidate on the official ballot without nomination. Other candidates for the office may be nominated to be voted upon at the election, but the name of no candidate, whose nomination petition is signed by fewer qualified electors of the electoral district from which the officer sought to be recalled was elected than as is provided in section 16-322, shall be placed upon the official recall ballot.

B. The title and body of the nomination petition shall be substantially in the following form:

Nomination Petition--Recall Election

We, the undersigned electors, qualified to vote in the recall election mentioned herein, residents of the precinct indicated by the residence addresses given, and residents of the county of ______, state of Arizona, hereby nominate _______, who resides at ____, in the county of _______ to be a candidate in the recall election for the office of _______ to be held on the _____ day of ____ , 19_____ __________________________________ ,

(DATE)

and we further declare that we have not signed and will not sign any nomination paper for any other person for such office.

The remainder of the petition shall be substantially in the form prescribed in section 16-315.

C. If recall petitions have been filed against more than one member of a multimember public body whose members serve at large, the nomination petition and paper of the other candidates shall state which member they oppose.

D. To each nomination petition shall be appended a certificate by a PERSON WHO IS qualified elector entitled TO REGISTER to vote for the candidate whose nomination he certifies, PURSUANT TO SECTION 16-101 stating that to the best of his knowledge and belief all the signers thereof OF THE NOMINATION PETITION are qualified electors of the precinct which they give as their residence.

E. Such nomination petition shall be filed not more than ninety days nor less than sixty days prior to the date of the recall election.

Sec. 13. Section 48-265, Arizona Revised Statutes, is amended to read:

48-265 . Petitions; form; verification of signatures

A. A petition of registered voters that is submitted to comply with section 48-261, subsection A, paragraph 6, subdivision (d) shall be in a form substantially similar to the form required by sections 19-101, 19-112 and 19-121 and shall contain a heading that clearly identifies the type of petition circulated and a statement that clearly describes the type of action being proposed.

B. The board of supervisors or other governing body of a political subdivision that receives a petition of registered voters pursuant to this section shall submit a facsimile copy of the signature sheets to the county recorder for verification. The county recorder shall conduct a signature verification that is substantially similar to the verification required by title 19, chapter 1. If the minimum number of signatures required is fewer than two hundred, the county recorder may follow either a verification procedure that is substantially similar to the verification procedure prescribed by title 19, chapter 1 or a verification procedure that is substantially similar to the verification procedure prescribed by section 19-208.02. The county recorder shall report the result of the verification to the board of supervisors or other governing body within ten days, excluding Saturdays, Sundays and other legal holidays, after receiving the facsimile copy of the signature sheets.

C. In addition to any other reason for disqualification, the county recorder shall disqualify the signatures obtained by a petition circulator who was not a registered voter.

APPROVED BY THE GOVERNOR MAY 19, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.