House of Representatives

HB 2597

political party recognition; organization

Sponsors: Poelstra

F	Committee on Retirement & Government Operations
	Committee on Judiciary
	Caucus and COW
	As Passed the House

HB 2597 makes numerous statutory changes regarding political party recognition and organization.

History

ARS § 16-801specifies various eligibility requirements for the representation of a new party on a ballot at primary and general elections. Eligibility for recognition requires a new political party be represented by an official party ballot at the next regular primary election, be granted a column on the following general election ballot, and file a petition with the Secretary of State signed by a number of qualified electors equal to not less than one and one-third per cent of the total votes for governor or presidential electors at the last general election. The petition must be certified by the county recorder of each county that the signatures are of qualified electors of the county and the petition must be verified by the affidavit of ten qualified electors of the state asking that the signers be recognized as a new political party.

Currently, candidates are required at a primary election to be a qualified elector of that party. Specifications must be met at the federal, state, county, city and town levels within the arena of political nominations such as representation for elections, the filing of petition for recognition, continued representation, form and content of ballots and the placing of names. The chairman of the state committee of a political party is required to appoint candidates for the office of presidential elector and submit a written a nomination paper and affidavit which includes facts of residency and qualification to hold office at the time of the election. Currently, statute addresses the placement of names on a ballot if two or more candidates of the same political party are nominated for the same office. Poll lists are to be prepared in triplicate lists and upon completion of each page a copy must immediately be given to a representative of each of the two major political parties, defined as the two parties receiving the highest number of votes for governor or presidential electors of the last election. A political organization that cast for governor or presidential electors or county attorney or mayor not less than five per cent of the total votes is entitled to continued representation on the official ballot as a political party.

Provisions

· Removes the requirement that any person desiring to become a candidate at a primary election shall be a qualified elector of such party.

· Allows the chairman of a new political party that has qualified for the official ballot or the chairman of a state committee that qualifies for continued representation on the official ballot for federal and state officers to appoint candidates for the office of presidential elector equal in number to the United States Senators and Representatives in Congress.

· Requires the chairman of the new political party to submit the name of that party’s presidential nominee to the Secretary of State at least sixty days before the general election and requires the nominee’s name to appear on the general election ballot next to the names of that party’s candidates for the office of presidential elector and designates that nominee as the presidential candidate to be presented on the ballot.

· Authorizes the Secretary of State to certify as elected the group of candidates for the office of presidential elector with the highest number of votes.

· Requires each presidential elector to notify the Secretary of State by 10:00 A.M. on the date chosen by Congress to elect a president and vice-president that the elector is present in the county of the State Capitol and ready to perform the duties of presidential elector and requires all electors to meet by noon on that day and perform the duties required of them by the laws of the United States.

· Requires the Secretary of State to provide all presidential electors present at the designated time with a record of the names of all the electors and allows the electors to elect one person to fill each vacancy left by those electors not in attendance and requires h the election to take place in the presence of the Secretary of State or a designee.

· Designates that the person with the highest number of votes shall fill the vacancy in the office of presidential elector and requires the Secretary of State or its designee to determine a tie by lot from among those persons tied in the vote to fill the vacancy.

· Requires the name of a candidate who has received the nomination of two or more political parties to appear on the ballot adjacent to the names of each political party and allows the candidate to select the order of the political parties with the one appearing first to be used to determine the arrangement of the candidate’s name on the ballot.

· Allows presidential electors nominated as candidates other than by primary election or by party committee to be included on the ballot of presidential electors if all requirements of law have been met.

· Requires a legible and complete poll list to be prepared and maintained in multiple copes in order to allow sufficient duplicate copies for the election board clerk and each political party that appears on the official ballot and requires the representative of the county chairman or the state chairman in the absence of the county chairman to receive each page of the poll list immediately upon completion of each page.

· Removes the definition of major political party

· Entitles to representation a political organization that received not less than five per cent of the total votes cast for any one of the following officers :

1. Presidential electors, United States Senator or a state officer who is elected statewide for the ballot for federal and state officers.

2. County attorney, for the ballot for county officers.

3. Mayor in the city or tow, for the ballot for officers in that city or town.

· Entitles political organizations to continued representation as a political party on the official ballot for federal officers if on November 1 of the year preceding the year in which the general election is held for federal officers such party has registered electors in the party equal to at least two-thirds of one per cent of the total registered electors in that corresponding jurisdiction.

· Requires the county recorder to determine the political parties qualified for continued representation on the county ballot for county officers by February 1 of the year in which the general election is held and the city or town clerk shall determine the political parties qualified for continued representation for city or town officers.

· Establishes that a party is eligible to be represented on a ballot without qualifying as a new political party as prescribed by law.

· Requires the State Treasurer to distribute monies in the fund to the treasurers of new political parties that have qualified for the official ballot and to the treasurers of state committees that qualify for continued representation on the official ballot for federal and state officers.

· Allows a new political party that is qualified for continued representation on the official ballot as prescribed by law for federal, state, county, city or town officers to use a portion or all of the name of a national political party in its title or name or in corresponding abbreviations or symbols only if the political party is recognized by that national political party’s governing body as this state’s affiliate of that national political party.

· Prohibits a person, group or organization from using the name, abbreviation or symbol of any political party without first receiving written permission by the state chairman of a new political party or the chairman of the state committee of a political party that qualifies for continued representation on the official ballot for federal and state officers.

· Authorizes a new political party that is also the state affiliate of a national political party to use the name, abbreviation or symbol of that political party within this state with written permission of the governing body or chairman of that national political party with the following exceptions:

1. A county committee of a new political party and a county committee as prescribed by Section 16-821.

2. A legislative district committee of a political party that qualifies for continued representation on the official ballot for federal and state officers.

3. A candidate who is seeking a party’s nomination or who is a party’s nominee.

· Requires the Secretary of State, county recorders, city and town clerks and all officers in charge of elections to recognize the state affiliate of a political party as the only state party that represents the national political party in state, county, city or town elections, and prescribes the state affiliate eligible for the following:

1. Copies of precinct registers.

2. Political parties trust fund monies.

3. Appointment of candidates for the office of presidential elector.

4. Filling a vacancy for candidates or nominees.

5. Any other privileges and benefits conferred by law on political parties.

· Allows members who reside in each precinct of this state who are members of a political party entitled to continued representation on the official ballot for federal and state officers to choose one of their members who resides in that precinct as a county precinct chairman and also allows members who reside in each precinct of the state to choose one additional precinct chairman for each 125 votes or major fraction thereof registered in the members’ party who resides in that precinct.

· Allows the precinct committeeman to fill a vacancy and serve until a committeeman’s successor is elected, appointed or qualified as prescribed by law and county committee bylaws and upon presentation of evidence of prior election or appointment to the Legislative District Committee Chairman or the County Committee Chairman on or before the date of that committee’s organizing meeting.

· Allows a political party that is entitled to continued presentation on the official ballot for Federal and State officers to establish a district party committee for any legislative district as prescribed by law.

· Requires each district committee to meet after the effective date of reapportionment and elect from the political party’s membership governing officers of that district party as prescribed by law and allows district party committee bylaws to create additional governing officers for that district party and allows the governing officers to serve until their successors are elected, appointed or qualified.

· Requires the state committee to meet in the county of the state capitol and organize by electing from its political party’s membership the governing officers for the state party and allows state party bylaws to create additional governing officers and provide for additional voting or ex officio members of the state committee and allows state committeemen and governing officers to serve until their successors are elected, appointed or qualified.

· Redefines political organization as an organization that is formally affiliated with and recognized by a political party.

· Defines political party as a political committee that qualifies as a new political party pursuant to statute and includes each legislative district committee that is entitled to continued representation on the official ballot for federal and state officers.

· Makes technical and conforming changes.

HB 2597 failed to pass the Retirement and Government Operations Committee.

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45th Legislature

First Regular Session 5 March 12, 2001

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