Arizona Laws 16-922. Independent and coordinated expenditures
A. Any person may make independent expenditures.
Terms Used In Arizona Laws 16-922
- Agent: means any person who has actual authority, either express or implied, to represent or make decisions on behalf of another person. See Arizona Laws 16-901
- 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
- coordination: means the coordination of an expenditure as prescribed by section 16-922. See Arizona Laws 16-901
- 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
- Election cycle: means the two-year period beginning on January 1 in the year after a statewide general election and ending on December 31 in the year of a statewide general election or, for cities and towns, the two-year period beginning on the first day of the calendar quarter after the calendar quarter in which the city's or town's second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city's or town's immediately following second, runoff or general election is scheduled, however that election is designated by the city or town. 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
- Firewall: means a written policy that precludes one person from sharing information with another person. See Arizona Laws 16-901
- Independent expenditure: means an expenditure by a person, other than a candidate committee, that complies with both of the following:
(a) Expressly advocates the election or defeat of a clearly identified candidate. See Arizona Laws 16-901
- Person: means an individual or a candidate, nominee, committee, corporation, limited liability company, labor organization, partnership, trust, association, organization, joint venture, cooperative or unincorporated organization or association. See Arizona Laws 16-901
B. An expenditure is not an independent expenditure if either of the following applies:
1. There is actual coordination with respect to an expenditure between a candidate or candidate’s agent and the person making the expenditure or that person’s agent.
2. Both of the following apply:
(a) The expenditure is based on nonpublic information about a candidate’s or candidate committee‘s plans or needs that the candidate or candidate’s agent provides to the person making the expenditure or that person’s agent.
(b) The candidate or candidate’s agent provides the nonpublic information with an intent toward having the expenditure made.
C. In evaluating whether an expenditure is an independent expenditure, a filing officer or enforcement officer may consider the following to be rebuttable evidence of coordination:
1. Any agent of the person making the expenditure is also an agent of the candidate whose election or whose opponent’s defeat is being advocated by the expenditure.
2. In the same election cycle, the person making the expenditure or that person’s agent is or has been authorized to raise or spend monies on the candidate’s behalf.
3. In the same election cycle, the candidate is or has been authorized to raise money or solicit contributions on behalf of the person making the expenditure.
D. Notwithstanding subsection C of this section, coordination does not exist under either of the following:
1. If the person making the expenditure maintains a firewall between the person and that person’s agent in compliance with all of the following:
(a) The person’s agent did not participate in deciding to make the expenditure or in deciding the content, timing or targeting of the expenditure.
(b) The person making the expenditure has a written policy establishing the firewall and its requirements.
(c) The person making the expenditure and the person’s agent followed the written policy regarding the firewall.
2. Solely because an agent of a person making the expenditure serves or has served on a candidate’s host committee for a fund-raising event.
E. An expenditure that is coordinated with a candidate, other than a coordinated party expenditure, is deemed an in-kind contribution to the candidate.
F. An entity that makes an independent expenditure, other than an individual or a committee, shall file independent expenditure reports pursuant to section 16-926, subsection H.