Arizona Laws 16-974. Citizens clean elections commission; powers and duties; rules
(Caution: 1998 Prop. 105 applies)
Terms Used In Arizona Laws 16-974
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Commission: means the citizens clean elections commission. See Arizona Laws 16-971
- Contribution: means money, donation, gift, loan or advance or other thing of value, including goods and services. See Arizona Laws 16-971
- Election cycle: means the time beginning the day after general election day in even-numbered years and continuing through the end of general election day in the next even-numbered year. See Arizona Laws 16-971
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Original monies: means business income or an individual's personal monies. See Arizona Laws 16-971
- Person: includes both a natural person and an entity such as a corporation, limited liability company, labor organization, partnership or association, regardless of legal form. See Arizona Laws 16-971
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
A. The commission is the primary agency authorized to implement and enforce this chapter. The commission may do any of the following:
1. Adopt and enforce rules.
2. Issue and enforce civil subpoenas, including third-party subpoenas.
3. Initiate enforcement actions.
4. Conduct fact-finding hearings and investigations.
5. Impose civil penalties for noncompliance, including penalties for late or incomplete disclosures and for any other violations of this chapter.
6. Seek legal and equitable relief in court as necessary.
7. Establish the records persons must maintain to support their disclosures.
8. Perform any other act that may assist in implementing this chapter.
B. If the commission imposes a civil penalty on a person and that person does not timely seek judicial review, the commission may file a certified copy of its order requiring payment of the civil penalty with the clerk of the superior court in any county of this state. The clerk shall treat the commission order in the same manner as a judgment of the superior court. A commission order filed pursuant to this subsection has the same effect as a judgment of the superior court and may be recorded, enforced or satisfied in the same manner. A filing fee is not required for an action filed under this subsection.
C. The commission shall establish disclaimer requirements for public communications by covered persons. A political action committee that complies with these requirements need not separately comply with the requirements prescribed in section 16-925, subsection B. Public communications by covered persons shall state, at a minimum, the names of the top three donors who directly or indirectly made the three largest contributions of original monies during the election cycle to the covered person. If it is not technologically possible for a public communication disseminated on the internet or by social media message, text message or short message service to provide all the information required by this subsection, the public communication must provide a means for viewers to obtain, immediately and easily, the required information without having to receive extraneous information.
D. The commission’s rules and any commission enforcement actions pursuant to this chapter are not subject to the approval of or any prohibition or limit imposed by any other executive or legislative governmental body or official. Notwithstanding any law to the contrary, rules adopted pursuant to this chapter are exempt from title 41, chapters 6 and 6.1.
E. The commission shall establish a process to reimburse the secretary of state and any other agency that incurs costs to implement or enforce this chapter.
F. The commission may adjust the contribution and expenditure thresholds in this chapter to reflect inflation.