Campaign finance requirements for Arizona ballot measures

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Campaign finance requirements for Arizona ballot measures are promulgated by the Arizona Secretary of State's Elections Division. The elections division of the Arizona Secretary of State's Office is responsible for enforcing campaign finance laws for ballot measure groups while the Arizona Attorney General's Solicitor General Division holds authority on technical aspects of ballot measures including the wording of the ballot question.

All campaign finance reports are viewable through the Financial Reporting Page furnished by the Elections Division of the Arizona Secretary of State.

If someone wants to file a complaint alleging a violation of Arizona Campaign Finance Law, it depends on what level the ballot measure is placed as the complaint must first be filed with the filing officer that approved the ballot measure. If it involves a statewide ballot measure, then the filing officer can refer the complaint to the Arizona Attorney General's Office for further investigation. If it involves a local ballot measure it gets referred to the City or County Attorney depending if its a county or city-wide ballot measure[1].

General Requirements

Political committee

All ballot initiative groups in Arizona are treated equally being called political committees[2]. They undergo the same reporting deadlines and forms as Political Action Committees and Candidate Committees. The only exception to their status is in the type of contributions they can receive. All ballot initiative groups must disclose large donors and major funding sources, but other political committees such as PAC's can donate to a group in support or opposition of a ballot measure.

The $10,000 rule

Any statewide ballot initiative group in support of or opposition of a ballot measure must give notice to the Arizona Secretary of State of any single contribution or expenditure made totaling ten thousand dollars or more. This must be disclosed to the Elections Division within twenty-four hours not counting Saturdays, Sundays, or any holiday recognized by the State of Arizona[3]. This involves a one-time contributions over $10,000, and cumulative donations throughout an election cycle over $10,000

The Secretary of State's Office publishes on its campaign finance portal all groups or committees who have contributed $10,000 or more[3].

Major donor disclosure

Ballot initiative groups under Arizona Law are required to disclose in campaign literature or advertisements the four largest major funding sources of their campaign. If a ballot initiative group has fewer than four major funding sources the committee must disclose all relevant major funding sources[4].

A "Major Funding Source" is defined under Arizona Law is a political committee that is a contributor that is not an individual person which makes cumulative contributions of either:
1. $10,000 or more for an expenditure in support of or opposition to a statewide ballot proposition or a local ballot measure if the population of the city is greater than 100,000 people.
2. $5,000 or more for an expenditure in support of or opposition to a ballot proposition of a political subdivision with a population of less than one hundred thousand persons.

If an out-of-state contributor or group of out-of-state contributors is a major funding source to a political committee is disclosed, then the ballot initiative group shall state the contributor is an out-of-state contributor on its literature or advertisement in support of or in opposition to a measure.

If contributors donate to more than one political committee that supports or opposes the same ballot measure, then these contributors shall notify each political committee of the cumulative total of these contributions. This includes PAC's in support or opposition of a measure. Cumulative totals must be disclosed by each political committee that received contributions from the same contributor if the cumulative totals qualify as a major funding source under Arizona Law[4].

Statement of Organization

Under Arizona Law, a ballot initiative group must file a Statement of Organization or a fund-raising threshold exemption with the Arizona Secretary of State. This statement must be filed with if any organization plans to raise more than $500 before:

  • Accepting campaign contributions
  • Making expenditures for necessary campaign expenses.
  • Distributing any campaign literature
  • Circulating petitions

Also, any ballot initiative group that intends to accept contributions or make expenditures of $500 or less supporting or opposing an initiative or referendum must file an exemption with the Secretary of State. Any group who goes below the $500 threshold must file a $500 Threshold Exemption Statement before doing any campaigning, fund-raising, or issuing petitions. Any organization who files a threshold exemption and raises more than $500 must file of Statement of Organization within five business days to the Secretary of State[5].

Under Arizona Law, any political committee that is attempting to influence the results of a ballot measure then their statement of organization must reflect this. The statement must include in the name of the political committee, the official serial number for the petition, and a statement as to whether if the political committee supports or opposes the passage of the ballot measure. This goes to both ballot initiative groups and political action committees which are treated equally under the law. If a statewide ballot measure is approved, then it is up to the Arizona Secretary of State to amend the name of the political committee either in support or opposition of a ballot measure. This means that the group can be re-named to include the Proposition number instead of the serial number as long as public notice is given of the name change[5].

Out of state committees

Any out of state committee that plans to influence the results of a ballot initiative election is allowed to file a Statement of Organization. Under provisions of Arizona law, the out-of-state committee must produce the previous two years of campaign finance reports filed in other states before having their statement of organization approved[6].

Campaign finance reporting requirements

Arizona is different from other states as campaign finance reports are staggered differently. Arizona is streamlined as all ballot initiative groups are treated equally with candidate and political action committees on what types of forms they use. All registered committees file the same reporting form and follow the same reporting deadlines in which the reporting process is streamlined.

Reporting Types and Deadlines

January 31st Report

If a ballot initiative group starts early the year before an election, then the January 31st report is considered the first gauge of a group's ability to raise funds. This report must be filed by the due date of February 1st as the State can first accept reports on January 1. The report covers all funds raised from November 25, 2008 through December 31, 2009.

June 30th Report

This report is like the January 31st report as this is considered the last reporting period that covers a long range of time before the pre-primary deadline. This report covers all fund-raising from January 1, 2010 through May 31, 2010. The reporting deadline for the 2010 election is June 30th, 2010 with the State allowing committees to first turn in reports on June 1, 2010.

Pre-Primary Report

The pre-primary report is considered the last campaign finance report before an election if an initiative is placed on the statewide or local primary ballot which is held on August 31st. This report covers all fund-raising from June 1, 2010 through August 4, 2010. The reporting deadline for the 2010 election cycle is August 5 to August 12, 2010. If no initiative is on the primary ballot, this is still a mandated report as all ballot initiative groups are treated equally like candidate committees and PAC's on finance reporting matters.

Post-Primary Report

The post-primary report is the report that covers all fund-raising after the primary election. If no election was held during the primary, then it is still a mandated report as ballot initiative groups are treated equally. For 2010, the primary report covers all fund-raising from August 5, 2010 through September 13, 2010. The reporting deadline is from September 14 and September 23, 2010 for the 2010 election cycle.

Pre-General Report

The pre-general report is considered the final report before the general election held during the first Tuesday of November. This report covers all fund-raising from September 14, 2010 through October 13, 2010. The reporting deadline for the 2010 election cycle is from October 14 to October 21, 2010.

Post-General Report

The post-general report is considered the last campaign finance report under Arizona law for a ballot initiative group. This report covers activity for October 14, 2010 through November 22, 2010. The filing deadline for the 2010 election cycle is through November 23 to December 2, 2010.

Campaign contribution limits

Under Arizona law, there is no contribution limits for any individual or political action committee donating to a ballot initiative group for either to support or defeat a ballot measure. However, under Arizona Law any ballot initiative group must disclose any political committee including PAC's in-state or out-of state contributing under major funding source clause.

Advertising restrictions

In Arizona, the major donor disclosure law for advertisements applies to general public advertising through the print and electronic media, signs, billboards and direct mail defined by Arizona Law. The disclosure must be at the time of literature or advertisement is printed, recorded or otherwise produced for dissemination. If a political committee has fewer than four major funding sources, the committee shall disclose all major funding sources when producing the advertisements[7].

The major donor disclosure is not required for other advertisement materials including bumper stickers, pins, buttons, pens and similar small items on which the required statements cannot be conveniently disclosed to members[7].

For broadcast advertisements including radio ads, the disclosure must be spoken at the end of the advertisement. If it is a television advertisement, the disclosure must be be both written and spoken at the end of the advertisement. There is an exception for a spoken disclosure of major funding sources if the disclosure statement is written for at least five seconds of a thirty second advertisement broadcast or ten seconds of a sixty second advertisement broadcast. For television advertisements, the written disclosure statement shall be printed in letters equal to or larger than four percent of the vertical picture height[7].

Terminating a committee

A ballot initiative group may terminate its statement of organization only when the committee chairman and treasurer file a written statements with the filing officer with whom the committee's statement of organization is filed with. These statements certify under penalty of perjury that the initiative group will no longer receive any contributions or make any disbursements, that the committee has no outstanding debts or obligations and that any surplus monies have been disposed of in a legal manner. Also, a statement must be attached on how the surplus is disposed, the name and address of each recipient of surplus monies and the date and amount of each disposition of surplus monies[8].

Surplus monies can be used legally for:

  • Retaining money for a subsequent election.
  • Returning surplus monies to contributors to the extent records are available permitting such return.
  • Contribute surplus monies to the county, state or local committee of a political party registered by the Arizona Secretary of State Elections Division.
  • Donate the surplus monies to a charitable organization that is listed as Chapter 501c(3) of the United States Internal Revenue Code.
  • Donate surplus monies to a campaign committee or another political committee including a PAC or other ballot initiative group.
  • Donate surplus monies to a candidate's campaign committee is within the contribution limits set by Arizona Law[9].

External links

References

  1. ↑ "Arizona Legislature" Arizona Campaign Finance Law(Referenced Statute 16.924 Arizona Campaign Finance Law)
  2. ↑ "Arizona Revised Statutes" Arizona Election Law(Revised Statute 16.901 Section 19d)
  3. ↑ 3.0 3.1 "Arizona Revised Statutes" Arizona Campaign Finance Law(Referenced Statute 16.914.01 Arizona Revised Statutes)
  4. ↑ 4.0 4.1 "Arizona General Assembly" Arizona Election Law(Referenced Statute 16-912.01, Sections A-D Arizona Revised Statutes)
  5. ↑ 5.0 5.1 "Arizona General Assembly" Arizona Election Law(Referenced Statute 16-902.01, Section A and F Arizona Revised Statutes)
  6. ↑ "Arizona Legislature" Arizona Election Law(Referenced Statute 16-902.02 Arizona Revised Statutes)
  7. ↑ 7.0 7.1 7.2 "Arizona Legislature" Arizona Election Law(Referenced Statutes 16.912.01 Arizona Revised Statutes)
  8. ↑ "Arizona Legislature" Arizona Campaign Finance Law(Referenced Statute 16.914 Arizona Revised Statutes)
  9. ↑ "Arizona Legislature" Arizona Campaign Finance Law(Revised Statute 16.915-01)
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