House of Representatives

SB 1032

unsolicited fax advertisements

Sponsors: Senators Jarrett: Petersen; Representative Johnson

 

X

Committee on Commerce and Economic Development

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 

**REVISED**

 

SB 1032 authorizes any person who receives an unsolicited fax advertisement to contact the vendor and request that no further faxes be sent and provides for penalties if further faxes are sent.

 

A strike-everything amendment will be offered in the Commerce and Economic Development committee.

 

Summary of the Proposed Strike-Everything Amendment

The proposed strike-everything amendment to SB 1032 instructs the Secretary of State to accept nomination papers, nomination petitions and petition signatures for a candidate that designates a legislative district if the candidate used: a legislative district number used in the 2000 elections, a legislative district denominated in a redistricting plan adopted by the independent redistricting commission, and/or a legislative district as denominated in a redistricting plan precleared by the Department of Justice (DOJ).  

 

History

Current law requires candidates for the state legislature to submit nomination papers, nomination petitions, and petition signatures from the district in which they are running.  The filing deadline for the  next general election (November 7, 2002) is June 12, 2002.  Nomination petitions must be signed by individuals who are qualified to vote for the candidate equal to at least 1% but not more than 3% of the total voter registration of a political party in a specified district.  However, Congressional and Legislative district lines are redrawn following the decennial U.S. Census in order to proportion districts as equally as possible as required by the Arizona and United States Constitutions.

 

The Arizona Independent Redistricting Commission (Commission) was created in 2000 through the approval of Proposition 106, which amended the Arizona Constitution to allow a five member commission of balanced appointments (2 Democrats, 2 Republicans, and 1 Independent) to redraw the Congressional and Legislative districts, a task which had previously fallen to the state legislature.  The Commission was charged with redrawing fair, competitive districts using criteria from Proposition 106 and Sections 2 and 5 of the Voting Rights Act, as well as traditional redistricting principles. 

 

The Commission’s Redistricting Plan was submitted to the DOJ on January 24, 2002.  According to Section 7 of the Voting Rights Act, the redistricting plan must be precleared by DOJ in order to be valid for the upcoming general election.  The Congressional redistricting plan was precleared, but DOJ asked the Commission for more information about the Legislative redistricting plan.  Additionally, a lawsuit contesting the redistricting plans, Arizona Minority Coalition for Fair Redistricting et al. v. Arizona Independent Redistricting Commission, has been filed in Superior Court with a trial date of April 30, 2002.

 

The strike-everything amendment to SB 1032 allows a legislative candidate to file a nomination paper, nomination petition, and petition signatures from: a district used in the 2000 elections, a district outlined in the plan adopted by the Arizona Independent Redistricting Commission, or a legislative district outlined in a redistricting plan precleared by the U.S. Department of Justice.  

 

Provisions

·          Stipulates that if a legislative candidate’s nomination paper, nomination petition, and petition signatures are in compliance with other applicable law, the Secretary of State must accept them as valid if they use any or all of the following as a designation of the legislative district:

·          A legislative district number as used in the 2000 elections.

·          A legislative district denominated in a redistricting plan adopted by the Arizona Independent Redistricting Commission.

·          A legislative district denominated in a redistricting plan precleared by the Department of Justice.

 

·          Contains an emergency clause.

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·          45th Legislature                

·          Second Regular Session     2          April 9, 2002

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