INITIATIVES & REFERENDUMS 2015 Elections Training  Agenda Background: What is an Initiative/Referendum used for? First things first: PAC’s & Serial Numbers Petitions: Form, Circulators, Signers, Withdrawals & Processing So it goes to an Election…now what? Penalties Resources

What is an Initiative/Referendum used for?  Initiative: Allows voters to propose new law or amends the current jurisdictions laws  Referendum: Allows voters to refer a policy/law that was adopted by the jurisdiction, back to the voters

Establishing a Political Action Committee (PAC) "Political committee" as defined by ARS (20):  A candidate or a candidate's campaign committee.  A separate, segregated fund established pursuant to ARS (A)(3)  An association or combination of persons that circulates petitions in support of the qualification of a ballot measure, question or proposition.  An association or combination of persons that circulates a petition to recall a public officer.  A political party.  An association or combination of persons that meets both of the following requirements: (i) Is organized, conducted or combined for the primary purpose of influencing the result of any election in this state or in any county, city, town or other political subdivision in this state, including a judicial retention election. (ii) Knowingly receives contributions or makes expenditures of more than five hundred dollars in connection with any election during a calendar year, including a judicial retention election.  A political organization.  An exploratory committee.

Establishing a Political Action Committee (PAC)  PAC must be filed before valid signatures can be collected Statement of Organization or $500 Threshold Exemption ($250 TH PAC Removed/HB 2649) Declare Officers; Chair & Treasurer

Application for a Serial Number (ARS )  Applicants responsibility: File application with the Clerk before petitions are circulated 100 word summary of what the committee wants the voters to consider  Clerks responsibility: Provide Serial Number, Number of signatures required and deadline for filing

Application for a Serial Number  Determining the signatures required Based on the whole number of votes cast (Valid Ballots) at the last jurisdiction election where the electors were eligible to vote for a mayor or councilmember Initiatives: 15% of the qualified electors Referendums: 10% of the qualified electors (Constitution Art. 4, Pt 1 §1(8)) Consider your Charter, if applicable.

Application for a Serial Number  Deadline for filing Initiatives: Not less than 4 months preceding the election at which the measures are proposed to be voted on (Constitution Art. 4, Pt 1 §1(4)) Referendums: must be filed with the city/town clerk within 30 days after passage of the ordinance, resolution or franchise (ARS (A))

Petitions  Form of Petitions (ARS ) Serial # on lower right hand corner of the front and back of petition 8 point type, exception of maps/graphs Black print on white 8 ½ x 14” paper 15 signatures per sheet 100 word summary of what the committee wants the voters to consider Paid Circulator or Volunteer

Petitions  Who can circulate petitions? (ARS , & ) Not required to be a resident of Arizona, but must be qualified to register to vote in this state OR be registered with the Secretary of State  Affidavit of Circulator Must be complete Notary date must be after signatures are received  Who can sign petitions? All signatures shall be those of qualified electors who are registered to vote in the jurisdiction affected by the measure

Petitions  Withdrawal of signatures (ARS ) A person can remove their name from a petition by signing a statement with the Clerk or mailing a signed, notarized statement to the Clerk or drawing a line through the signature and printed name on the petition Withdrawal must be completed by 5:00 p.m. on the date the petition was filed

Processing Petitions  Initial Receipt I N I T I A L R E C E I P T Pursuant to A.R.S (B) Received from ___________________________________, on this ______ day of ____________, 2015, a total of what purports to be _________ sheets containing what purports to be __________ signatures for initiative/referendum petition number _____________. This receipt does not constitute an acknowledgment or determination by the City Clerk that any of those sheets are in compliance with legal requirements for placing a measure on the next ensuing primary or general election. That determination can only be made after the City Clerk and County Recorder have performed their duties with respect to petitions as required by law.

Processing Petitions  Review (ARS & (c)) 20 days - Clerk signature verification [excluding weekends and legal holidays]  Removing sheets, signatures and random samples 15 days - County Recorder signature verification 72 hours – Clerk determines valid signature total  Notification to applicant (ARS (B))  Elector Challenge Within 5 calendar days after Clerk receives certification from County Recorder

So it’s going to an Election… Now what?  Notification to Mayor Council options:  To enact the Initiative as an ordinance  To repeal the Ordinance/Resolution of the Referendum  Place it on the Ballot  Placement on the Ballot Next ensuing general election (Constitution Art 4 Pt 1 § 1(10)) Special Election Proposition Numbers: 200 = Initiative, 300 = Referendums (ARS (B))

So it’s going to an Election… Now what?  Publicity Pamphlet (ARS ) Mailed to every household with a registered voter Official Title and description of the proposed measure/amendment Notarized statement (argument) supporting or opposing action  300 words  must be filed 90 days prior to the election

Penalties  Signing Petitions for Profit (ARS )  Unlawful Acts (ARS )  Coercion; Intimidation; False Description (ARS )  Deceptive Mailings (ARS )  Petition Signature Fraud (ARS ) TALK TO YOUR ATTORNEY

Resources  Arizona Revised Statutes  Arizona Constitution  Election Manual – League of Arizona Cities and Towns  City Charters  Secretary of State

Resources – 2015 Legislation  HB 2407 Referendum/Recall provisions  Referendum elections must strictly conform to state law; changes are made defining “full and correct copy” and a prohibition on modifying a petition affidavit is included; out of state circulators must register with the SOS; requirement to organize the signature sheets by circulator; $250 Threshold PAC is removed; election officer retains the sheets if less than required amount

Resources – 2015 Legislation  HB 2649 Political Committee definition  District Court found the definition of a ‘political committee’ unconstitutional; law redefines ‘political committee’; specifies when a threshold exemption statement is triggered; changes registration requirement for specific types of political committee (Galassini v. Town of Fountain Hills 2014)

INITIATIVES & REFERENDUMS 2015 Elections Training ??QUESTIONS??