Arizona Laws 16-905. Committee qualification; requirements; exemption; adjustments
A. A candidate for election or retention shall register as a candidate committee if the candidate receives contributions or makes expenditures, in any combination, of at least one thousand dollars in connection with that candidacy.
Terms Used In Arizona Laws 16-905
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Candidate: means an individual who receives contributions or makes expenditures or who gives consent to another person to receive contributions or make expenditures on behalf of that individual in connection with the candidate's nomination, election or retention for any public office. See Arizona Laws 16-901
- Candidate committee: includes the candidate. See Arizona Laws 16-901
- Committee: means a candidate committee, a political action committee or a political party. See Arizona Laws 16-901
- Contribution: means any money, advance, deposit or other thing of value that is made to a person for the purpose of influencing an election. See Arizona Laws 16-901
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Election: means any election for any ballot measure in this state or any candidate election during a primary, general, recall, special or runoff election for any office in this state other than a federal office and a political party office prescribed by chapter 5, article 2 of this title. See Arizona Laws 16-901
- Enforcement officer: means the attorney general or the county, city or town attorney with authority to collect fines or issue penalties with respect to a given election pursuant to section 16-938. See Arizona Laws 16-901
- Entity: means a corporation, limited liability company, labor organization, partnership, trust, association, organization, joint venture, cooperative, unincorporated organization or association or other organized group that consists of more than one individual. See Arizona Laws 16-901
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Expenditure: means any purchase, payment or other thing of value that is made by a person for the purpose of influencing an election. See Arizona Laws 16-901
- Filing officer: means the secretary of state or the county, city or town officer in charge of elections for that jurisdiction who accepts statements and reports for those elections pursuant to section 16-928. See Arizona Laws 16-901
- Labor organization: means any employee representation organization that exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment. See Arizona Laws 16-901
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Political action committee: means an entity that is required to register as a political action committee pursuant to section 16-905. See Arizona Laws 16-901
- Political party: means a committee that meets the requirements for recognition as a political party pursuant to chapter 5 of this title. See Arizona Laws 16-901
- Primary purpose: means an entity's predominant purpose. See Arizona Laws 16-901
- Retention: means the election process by which a superior court judge, appellate court judge or supreme court justice is retained in office as prescribed by article VI, section 38 or 40, Constitution of Arizona. See Arizona Laws 16-901
- Subpoena: A command to a witness to appear and give testimony.
B. For city and town elections, a candidate for election or retention shall register as a candidate committee if the candidate receives contributions or makes expenditures, in any combination, of at least five hundred dollars in connection with that candidacy.
C. An entity shall register as a political action committee if both of the following apply:
1. The entity is organized for the primary purpose of influencing the result of an election.
2. The entity knowingly receives contributions or makes expenditures, in any combination, of at least one thousand dollars in connection with any election during a calendar year.
D. A filing officer or enforcement officer shall make a rebuttable presumption that an entity is organized for the primary purpose of influencing the result of an election if the entity meets any of the following:
1. Except for a religious organization, assembly or institution, claims tax exempt status but had not filed form 1023 or form 1024 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, before making a contribution or expenditure.
2. Made a contribution or expenditure and at that time had its tax exempt status revoked by the internal revenue service.
3. Made a contribution or expenditure and at that time failed to file form 990 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, if required by law.
E. Except as prescribed in subsections B and C of this section and section 16-938, a filing officer, enforcement officer or other officer of a city, town, county or other political subdivision of this state may not require an entity that claims tax exempt status under section 501(a) of the internal revenue code and that remains in good standing with the internal revenue service to do any of the following:
1. Register or file as a political action committee.
2. Report or otherwise disclose personally identifying information relating to individuals who have made contributions to that entity.
3. Disclose its schedule B, form 990.
4. Submit to an audit or subpoena or produce evidence regarding a potential campaign finance violation.
F. A fund that is established by a corporation, limited liability company, labor organization or partnership for the purpose of influencing the result of an election shall register as a political action committee.
G. An entity may register as a political party committee only as prescribed in chapter 5 of this title.
H. A committee is not subject to state income tax and is not required to file a state income tax return.
I. The dollar amounts prescribed by subsections A and C of this section shall be increased every two years pursuant to section 16-931.