Jan Brewer signs HB2305.
I predicted the Arizona Governor Jan Brewer would sign HB2305 — a bill having to do with initiatives, circulators and filings.
What does this legislation mean? It means Chicanos and Latinos should mail in their ballots on time and not rely on anyone to take care of it for them.
Numerous issues were addressed within this bill with regard to recalls, circulators, and initiatives.
According to the AZ REPUBLIC:
The legislation also prevents anyone working for an organization [like Citizens for Better Arizona, Promise Arizona] or a political party from collecting an individual’s ballot and dropping it off at a polling place. Voters as well as the person returning their ballot must sign an affidavit saying both parties are aware of the transaction.
I do not trust handing over my early ballot to organizers — and nobody else should for that matter.
We should continue to rely on the postman who has an obligation to ensure your early ballot gets mailed to the appropriate entity.
I believe HB 2305 has much to do with the likes of Randy Parraz and Petra Falcon who have been grandstanding how many ballots they have collected and were in their possession. There was enormous outcry during the 2012 November election cycle when counting delays occurred and now I believe HB2305 is a consequence of that. Indeed during the 2012 Presidential election cycle, Arizonan’s witnessed a provisional ballot debacle.
On November 6, 2012, AZ Family interviewed the Maricopa County Recorder Helen Purcell who is in charge of elections for the county.
According to Purcell, people who had requested and received early voting ballots in the mail were asked to cast
Helen Purcell: Voter confusion part of ballot problem
provisional ballots if they showed up at polling places in order to avoid double counting votes. She also said registered voters who showed up at the polls with the wrong forms of identification had to cast provisional ballots.
Purcell estimated that 75,000 provisional ballots were cast in Maricopa County. In addition to that, she said about 100,000 early voting ballots were dropped off at polling places or arrived in the mail on Tuesday. She said counting of mail-in and provisional ballots would start Wednesday afternoon.
“Every ballot that can be counted, will be counted,” said Purcell, trying to ease the fears of some people who were complaining or worried that their provisional ballots didn’t hold as much weight as regular ballots.
According to Purcell, it could take election officials 10 days to count the roughly 175,000 early and provisional ballots, meaning close races could take days to call. Election results will be updated every day at 5:00pm.
Petra Falcon (Promise Arizona) & Randy Parraz (Citizens for Better Arizona)
Lou who is the host of a Jewish – Chicano Radio show in Arizona states:
Here’s a video of Randy Parraz (CBA) and Petra Falcon (Promise Arizona) exploiting their collection of ballots, Randy informing that about 700 ballots were gathered in a four day period (that’s about 1,000 a week). This is grandstanding, and if it had not been done, maybe the provision in HB 2305 trying to stop the gathering of ballots by groups like CBA would not have been included. Say what you want about whether or not any group has the right to collect and hold ballots, Parraz’s behavior brought this matter to the attention of Arizona lawmakers.
Here’s a recent fact sheet by the Arizona State Senate:
ARIZONA STATE SENATE
Fifty-First Legislature, First Regular Session
FACT SHEET FOR H.B. 2305
initiatives; filings; circulators
Requires a political committee that files petitions with the Secretary of State (SOS) to organize and group petition signature sheets as prescribed. Permits any political committee to submit to the SOS a list of all petition circulators and a copy of a criminal records check performed on each circulator.
According to Arizona Revised Statutes (A.R.S.) §§ 19-112(C), 19-114 and 19-118, any person who is qualified to register to vote is permitted to circulate petitions and any person who is not qualified to register to vote is prohibited from circulating petitions. A petition circulator is not required to be a resident of this state but otherwise must be qualified to register to vote in this state. Additionally, petition circulators that are not residents of this state are required to register as a circulator with the SOS. Statute also details the requirements that must be met in order for petition signatures to be valid and counted, notably including the following: a) a petition circulator must indicate which petition is being circulated by listing the official serial number assigned to the petition; b) a petition circulator must indicate the address the circulator agrees to accept service of process, if different than the residential address provided; c) a petition circulator is required to sign the Affidavit of Circulator in the presence of a notary public; and d) a petition circulator must state on an initiative or referendum petition whether the circulator is a paid or volunteer circulator by checking the appropriate line on the petition prior to circulation (A.R.S. §§ 19-101, 19-102 and 19-112). The SOS is required to remove petition signature sheets and petition signatures that do not meet certain specified requirements (A.R.S § 19-121.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
- Requires a political committee that files petitions with the SOS to organize and group the signature sheets as follows:
a) by the county of residence of the majority of the persons signing the signature sheet;
b) by circulator; and
c) by the notary public who notarized the circulator’s signature on the sheet.
- Permits the SOS to return as unfiled any signature sheets that are not grouped and organized as required.
- States that the political committee that is the proponent of the petition is solely responsible for compliance with specified requirements.
- Permits any political committee to submit to the SOS, 45 days before the deadline for filing a petition, a list of all petition circulators and a copy of a criminal records check verified through source documents performed on each circulator.
- Specifies that a criminal records check is one that is verified through source documents and performed by a licensed entity.
- Stipulates that, if the background check was performed and provided by a person or entity who was engaged in an arm’s length transaction with the political committee, a presumption arises and any challenge to those petition circulators must be rebutted by a showing of a preponderance of the evidence that the circulator was not eligible to register to vote in this state.
- Permits the SOS to adopt by rule appropriate standards for determining whether a transaction between a political committee and the person or entity providing the circulators’ background checks constitutes an arm’s length transaction.
- Defines arm’s length transaction.
- Defines affiliate.
- Makes technical changes.
- Becomes effective on the general effective date.
Amendments Adopted by Committee
- Modifies the deadline a political committee may submit to the SOS a list of all petition circulators and a copy of a criminal records check performed on each circulator.
Amendments Adopted by Committee of the Whole
- Specifies that a presumption arises if the petition circulators’ background checks were performed and provided by a person or entity engaged in an arm’s length transaction with the political committee, and requires that any challenge to those petition circulators must be rebutted by a showing of the preponderance of the evidence.