Arizona Laws 19-205.01. Registered circulators; requirements; violation; classification; definition
A. All circulators who are not residents of this state and all paid circulators must register as circulators with the secretary of state before circulating petitions pursuant to this chapter. The person or organization that is circulating the petition shall collect and submit the completed registration applications to the secretary of state. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16-452 a procedure for registering circulators, including circulator registration applications, and shall publish on a website maintained by the secretary of state all information regarding circulators that is required pursuant to this section. The filing officer shall disqualify all signatures collected by a circulator who fails to register pursuant to this subsection as provided for in Section 19-208.01, subsection A.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Arizona Laws 19-205.01
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Service of process: The service of writs or summonses to the appropriate party.
- Subpoena: A command to a witness to appear and give testimony.
B. The circulator registration application required by subsection A of this section shall require the following:
1. The circulator’s full name, residence address, telephone number and email address.
2. The recall petition on which the circulator will gather signatures.
3. A statement that the circulator consents to the jurisdiction of the courts of this state in resolving any disputes concerning the circulation of petitions by that circulator.
4. The address of the person or organization in this state for which the circulator is gathering signatures and at which the circulator will accept service of process related to disputes concerning circulation of that circulator’s petitions. Service of process is effected under this section by delivering a copy of the subpoena to that person individually, by leaving a copy of the subpoena with a person of suitable age or by mailing a copy of the subpoena to the person or organization by certified mail to the address provided.
5. An affidavit from the registered circulator that is signed by the circulator before a notary public and that includes the following declaration:
I, (print name) , under penalty of a class 1 misdemeanor, acknowledge that I am eligible to register as a circulator in the state of Arizona, that all of the information provided is correct to the best of my knowledge and that I have read and understand Arizona election laws applicable to the collection of signatures for a recall.
C. Within five business days after submission and review of a complete and correct circulator registration application that complies with this section, the secretary of state shall register and assign a circulator registration number to the circulator.
D. A person may not register as a circulator pursuant to this section if the person:
1. Has had a civil or criminal penalty imposed for a violation of title 16 or this title within the immediately preceding five years.
2. Has been convicted of treason or a felony and has not been restored to civil rights as described in section 16-101, subsection A, paragraph 5.
3. Has been convicted of any criminal offense involving fraud, forgery or identity theft.
E. If a registered circulator is properly served with a subpoena to provide evidence in an action regarding circulation of petitions and fails to appear or produce documents as provided for in the subpoena, all signatures collected by that circulator are deemed invalid. The party serving the subpoena may request an order from the court directing the filing officer to remove any signatures collected by the circulator as provided for in Section 19-208.01, subsection A.
F. Any person may challenge the lawful registration of circulators in the superior court of the county in which the circulator is registered. A challenge may not be commenced more than ten business days after the date that the filing officer has received, processed and made available all final petition sheets individually numbered. The person challenging signatures may amend that complaint after the filing officer has removed signatures and signature sheets as prescribed in Section 19-208.01. An action pursuant to this section shall be advanced on the calendar and decided by the court as soon as possible. Either party may appeal to the supreme court within five calendar days after entry of judgment. The prevailing party in an action to challenge the registration of a circulator under this section is entitled to reasonable attorney fees.
G. A person who knowingly omits or misrepresents information or provides false information on a circulator registration application or who registers in violation of this section is guilty of a class 1 misdemeanor.
H. For the purposes of this title, "paid circulator":
1. Means a natural person who receives monetary or other compensation for obtaining signatures on a recall petition or for circulating recall petitions for signatures.
2. Does not include a paid employee of any person or organization, unless that employee has or will obtain two hundred or more signatures on a recall petition in an election cycle.