SB 1237 — working animals; restrictions; prohibition

Nicknames are permissible, but nicknames, abbreviated versions or initials of given names may not suggest reference to professional, fraternal, religious or military titles and may not include a slogan, a promotional word or phrase or any word that does not actually constitute a nickname.

No other descriptive name or names shall be printed on the official ballot, except as provided in this section.

Candidates' abbreviated names or nicknames may be printed within quotation marks.

The candidate's surname shall be printed first, followed by the given name or names.

H.

Not later than the date of the first petition signature on a nomination petition, a person who may be a candidate for office pursuant to this section shall file a statement of interest with the appropriate filing officer for that office.

The statement of interest shall contain the name of the person, the political party, if any, and the name of the office that may be sought.

Any nomination petition signatures collected before the date the statement of interest is filed are invalid and subject to challenge.

This subsection does not apply to:

CandidatesA forMUNICIPAL electedZONING officeORDINANCE forENACTED specialPURSUANT taxingTO districtsTHIS thatTITLE. are established pursuant to title 48.

CandidatesA forMUNICIPAL precinctORDINANCE committeeman.OR RESOLUTION ENACTED RELATING TO PUBLIC HEALTH, PUBLIC SAFETY, NOISE OR ANIMAL CRUELTY.

CandidatesANY forOTHER presidentLAW orOF viceTHIS presidentSTATE ofRELATING theTO UnitedANIMAL States.CARE, ANIMAL CRUELTY, NOISE, PUBLIC HEALTH OR PUBLIC SAFETY, INCLUDING SECTION 44-1799.10.

I.C.

AFOR personTHE whoPURPOSES doesOF notTHIS fileSECTION: a timely nomination paper that complies with this section is not eligible to have the person's name printed on the official ballot for that office.

The filing officer shall not accept the nomination paper of a candidate for state or local office unless the person provides or has provided all of the following:

The"ANIMAL financialENTERPRISE" disclosureMEANS statementA asRODEO prescribedOR forAGRICULTURAL candidatesOPERATIONS forAS thatDEFINED office.IN SECTION 3-111.

The"WORKING declarationANIMAL": of qualification and eligibility as prescribed in subsection D of this section.

J.(a) MEANS AN ANIMAL USED PRIMARILY TO PERFORM A SPECIFIC DUTY OR FUNCTION IN LAWFUL COMMERCE FOR AN ANIMAL ENTERPRISE.

Except(b) inDOES casesNOT whereINCLUDE theRABBITS, liabilityLLAMAS, isCATTLE, beingSWINE, appealed:SHEEP, GOATS OR POULTRY OR ANY OTHER ANIMAL THAT IS USED PRIMARILY TO PRODUCE FOOD.

, -4- House Amendments to S.B.

1237 1.

The filing officer shall not accept the nomination paper of a candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title WITH RESPECT TO ANY ONE OR MORE PUBLIC OFFICES IN THIS STATE.

A FILING OFFICER SHALL NOTIFY THE SECRETARY OF STATE WHEN A CANDIDATE FOR ELECTION IN THAT FILING OFFICER'S JURISDICTION IS FOUND LIABLE FOR AN AGGREGATION OF $1,000 OR MORE AS PRESCRIBED IN THIS PARAGRAPH.

2.

A PERSON WHO IS LIABLE FOR AN AGGREGATION OF $1,000 OR MORE IN FINES, PENALTIES, LATE FEES OR ADMINISTRATIVE OR CIVIL JUDGMENTS, INCLUDING ANY INTEREST OR COSTS, IN ANY COMBINATION, THAT HAVE NOT BEEN FULLY SATISFIED AND THAT AROSE OUT OF FAILURE TO COMPLY WITH OR ENFORCEMENT OF CHAPTER 6 OF THIS TITLE FOR ANY ONE OR MORE PUBLIC OFFICES IS INELIGIBLE TO BE A CANDIDATE FOR NOMINATION OR ELECTION TO ANY ELECTED OFFICE IN THIS STATE.

K.

For the purposes of this title:

1.

"Election district" means this state, any county, city, town, precinct or other political subdivision or a special district that is not a political subdivision, that is authorized by statute to conduct an election and that is authorized or required to conduct its election in accordance with this title.

2.

"Nomination paper" means the form filed with the appropriate office by a person wishing to declare the person's intent to become a candidate for a particular political office.

SectionTitle 16-312,11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.29, to read:

16-312.11-269.29.

FilingWorking ofanimals; nomination papers for write-in candidates A.

Anyrestrictions; person desiring to become a write-in candidate for an elective office in any election shall be at the time of filing a qualified -5- House Amendments to S.B.

1237prohibition; elector of the county or district the person proposes to represent and shall have been a resident of that county or district for one hundred twenty days before the date of the election, except that for a city or town office, section 9-232 applies with respect to residency for the candidate.

Theapplicability; person shall file a nomination paper, signed by the candidate, giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for the district, precinct or municipal office that the person proposes to represent, and the person's age, length of residence in the state and date of birth.

definitions A.

A COUNTY MAY NOT ENACT ANY ORDINANCE, RESOLUTION OR POLICY THAT PROHIBITS OR UNDULY RESTRICTS A PERSON FROM USING A WORKING ANIMAL IN LAWFUL COMMERCE FOR AN ANIMAL ENTERPRISE.

ATHIS write-inSECTION candidateDOES shallNOT fileAPPLY theTO nominationANY paperOF notTHE earlierFOLLOWING: than one hundred fifty days before the election and not later than 5:00 p.m.

on the fortieth day before the election, except that:

A candidateCOUNTY runningZONING asORDINANCE aENACTED write-inPURSUANT candidateTO asTHIS providedTITLE. in section 16-343, subsection D shall file the nomination paper not later than 5:00 p.m.

on the fifth day before the election.

A candidateCOUNTY runningORDINANCE asOR aRESOLUTION write-inENACTED candidateRELATING forTO anPUBLIC electionHEALTH, thatPUBLIC maySAFETY, beNOISE canceledOR pursuantANIMAL toCRUELTY. section 16-410 shall file the nomination paper not later than 5:00 p.m.

on the one hundred sixth day before the election.

C.

The write-in filing procedure shall be in the same manner as prescribed in section 16-311.

Any person who does not file a timely nomination paper shall not be counted in the tally of ballots.

The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided the financial disclosure statement as prescribed for candidates for that office.

-6- House Amendments to S.B.

1237 D.

Except in cases where the liability is being appealed:

, 1.

The filing officer shall not accept the nomination paper of a write-in candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title WITH RESPECT TO ANY ONE OR MORE PUBLIC OFFICES IN THIS STATE.

A FILING OFFICER SHALL NOTIFY THE SECRETARY OF STATE WHEN A CANDIDATE FOR ELECTION IN THAT FILING OFFICER'S JURISDICTION IS FOUND LIABLE FOR AN AGGREGATION OF $1,000 OR MORE AS PRESCRIBED IN THIS PARAGRAPH.

2.

A PERSON WHO IS LIABLE FOR AN AGGREGATION OF $1,000 OR MORE IN FINES, PENALTIES, LATE FEES OR ADMINISTRATIVE OR CIVIL JUDGMENTS, INCLUDING ANY INTEREST OR COSTS, IN ANY COMBINATION, THAT HAVE NOT BEEN FULLY SATISFIED AND THAT AROSE OUT OF FAILURE TO COMPLY WITH OR ENFORCEMENT OF CHAPTER 6 OF THIS TITLE FOR ANY ONE OR MORE PUBLIC OFFICES IS INELIGIBLE TO BE A CANDIDATE FOR NOMINATION OR ELECTION TO ANY ELECTED OFFICE IN THIS STATE.

E.

The secretary of state shall notify the various boards of supervisors as to write-in candidates filing with the secretary of state's office.

The county school superintendent shall notify the appropriate board of supervisors as to write-in candidates filing with the superintendent's office.

The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements.

In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed.

No other write-ins shall be counted.

The election board inspector shall post the notice of official write-in candidates in a conspicuous location within the polling place.

F.

Except as provided in section 16-343, subsection E, a candidate may not file pursuant to this section if any of the following applies:

-7- House Amendments to S.B.

1237 1.

For a candidate in the general election, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.

2.

For a candidate in the general election, the candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322.

ForANY aOTHER candidateLAW inOF theTHIS primarySTATE election,RELATING theTO candidateANIMAL filedCARE, aANIMAL nominationCRUELTY, petitionNOISE, forPUBLIC theHEALTH currentOR primaryPUBLIC electionSAFETY, forINCLUDING theSECTION office44-1799.10. sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322, withdrew from the primary election after a challenge was filed or was removed from or otherwise determined by court order to be ineligible for the primary election ballot.

4.

For a candidate in the general election, the candidate filed a nomination petition for nomination other than by primary for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-341.

G.

A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice-presidential running mate, the names of presidential electors who will represent that candidate and a statement signed by the vice-presidential running mate and designated presidential electors that indicates their consent to be designated.

A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper.

The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.

Sec.

3.

Section 16-341, Arizona Revised Statutes, is amended to read:

16-341.

Nomination petition;

method and time of filing;

form;

qualifications and number of petitioners required;

statement of interest -8- House Amendments to S.B.

1237 A.

Any qualified elector who is not a registered member of a political party that is recognized pursuant to this title may be nominated as a candidate for public office otherwise than by primary election or by party committee pursuant to this section.

B.

This article shall not be used to place on the general election ballot the name of a political party that fails to meet the qualifications specified in section 16-802 or 16-804, or the name of any candidate representing such party or the name of a candidate who has filed a nomination petition in the immediately preceding primary election and has failed to qualify as the result of an insufficient number of valid signatures.

AFOR nominationTHE petitionPURPOSES statingOF theTHIS nameSECTION: of the office to be filled, the name and residence of the candidate, or, if the candidate does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for a district, precinct or municipal office, and other information required by this section shall be filed with the same officer with whom primary nomination papers and petitions are required to be filed as prescribed in section 16-311.

Except for candidates for the office of presidential elector filed pursuant to this section, the petition shall be filed not less than one hundred twenty days nor more than one hundred fifty days before the primary election.

The petition shall be signed only by voters who have not signed the nomination petitions of a candidate for the office to be voted for at that primary election.

D.

The nomination petition shall be in substantially the following form, except that if the candidate does not have an actual residence address, the candidate may use a description of place of residence and post office address, or, if the candidate's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox -9- House Amendments to S.B.

1237 address in the candidate's district, precinct or municipality, as applicable for a district, precinct or municipal office, is sufficient:

The undersigned, qualified electors of __________ county, state of Arizona, do hereby nominate __________, who resides at __________ in the county of __________, as a candidate for the office of _______ at the general (or special, as the case may be) election to be held on the ________ day of _________, _____.

I hereby declare that I have not signed the nomination petitions of any candidate for the office to be voted for at this primary election, and I do hereby select the following designation under which name the said candidate shall be placed on the official ballot (here insert such designation not exceeding three words in length as the signers may select).

E.

The nomination petition shall conform as nearly as possible to the provisions relating to nomination petitions of candidates to be voted for at primary elections and shall be signed by at least the number of persons who are registered to vote determined by calculating three percent of the persons who are registered to vote of the state, county, subdivision or district for which the candidate is nominated who are not members of a political party that is qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot.

F.

The percentage of persons who are registered to vote necessary to sign the nomination petition shall be determined by the total number of registered voters from other than political parties that are qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot in the state, county, subdivision or district on January 2 of the year in which the general election is held.

Notwithstanding the method prescribed by subsection E of this section and this subsection for calculating the minimum number of signatures necessary, any person who is registered to -10- House Amendments to S.B.

1237 vote in the state, county, subdivision or district for which the candidate is nominated is eligible to sign the nomination petition without regard to the signer's party affiliation.

G.

A nomination petition for any candidate may be circulated by a person who is not a resident of this state but who is otherwise eligible to register to vote in this state if that person registers as a circulator with the secretary of state before circulating petitions.

The nomination petition for the office of presidential elector shall include a group of names of candidates equal to the number of United States senators and representatives in Congress from this state instead of separate nomination petitions for each candidate for the office of presidential elector.

A valid signature on a petition containing a group of presidential electors candidates is counted as a signature for the nomination of each of the candidates.

The presidential candidate whom the candidates for presidential elector will represent shall designate in writing to the secretary of state the names of the candidates who will represent the presidential candidate before any signatures for the candidate can be accepted for filing.

A nomination petition for the office of presidential elector shall be filed not less than eighty nor more than one hundred days before the general election.

The petition shall be signed only by qualified electors who have not signed the nomination petitions of a candidate for the office of presidential elector to be voted for at that election.

H.

The secretary of state shall require in the instructions and procedures manual issued pursuant to section 16-452 that persons who circulate nomination petitions pursuant to this section and who are not residents of this state but who are otherwise eligible to register to vote in this state shall register as circulators with the office of the secretary of state before circulating petitions.

The secretary of state shall provide for a method of receiving service of process for those petition circulators who are registered.

-11- House Amendments to S.B.

1237 I.

Not later than the date of the first petition signature on a nomination petition, a person who may be a candidate for office pursuant to this section shall file a statement of interest with the appropriate filing officer for that office.

The statement of interest shall contain the name of the person, the political party, if any, and the name of the office that may be sought.

Any nomination petition signatures collected before the date the statement of interest is filed are invalid and subject to challenge.

This subsection does not apply to:

Candidates"ANIMAL forENTERPRISE" electedMEANS officeA forRODEO specialOR taxingAGRICULTURAL districtsOPERATIONS thatDEFINED areIN establishedSECTION pursuant3-111. to title 48.

Candidates"WORKING forANIMAL": precinct committeeman.

3.(a) MEANS AN ANIMAL USED PRIMARILY TO PERFORM A SPECIFIC DUTY OR FUNCTION IN LAWFUL COMMERCE FOR AN ANIMAL ENTERPRISE.

Candidates(b) forDOES presidentNOT orINCLUDE viceRABBITS, presidentLLAMAS, ofCATTLE, theSWINE, UnitedSHEEP, States.GOATS OR POULTRY OR ANY OTHER ANIMAL THAT IS USED PRIMARILY TO PRODUCE FOOD.

J.- 1 -

A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice presidential running mate, the names of the presidential electors who will represent that candidate and a statement that is signed by the vice presidential running mate and the designated presidential electors and that indicates their consent to be designated.

A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper.

The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.

K.

A candidate who does not file a timely nomination petition that complies with this section is not eligible to have the candidate's name printed on the official ballot for that office.

The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided all of the following:

1.

The financial disclosure statement as prescribed for candidates for that office.

2.

The declaration of qualification and eligibility as prescribed in section 16-311.

-12- House Amendments to S.B.

1237 L.

Not later than sixty days before the date of the general election, a candidate for governor who files a nomination petition pursuant to this section shall submit to the secretary of state the name of the person who will be the joint candidate for lieutenant governor with that gubernatorial candidate and whose name will appear on the general election ballot jointly with the candidate for governor.

M.

Except in cases where the liability is being appealed:

, 1.

The filing officer shall not accept the nomination paper of a candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title WITH RESPECT TO ANY ONE OR MORE PUBLIC OFFICES IN THIS STATE.

A FILING OFFICER SHALL NOTIFY THE SECRETARY OF STATE WHEN A CANDIDATE FOR ELECTION IN THAT FILING OFFICER'S JURISDICTION IS FOUND LIABLE FOR AN AGGREGATION OF $1,000 OR MORE AS PRESCRIBED IN THIS PARAGRAPH.

2.

A PERSON WHO IS LIABLE FOR AN AGGREGATION OF $1,000 OR MORE IN FINES, PENALTIES, LATE FEES OR ADMINISTRATIVE OR CIVIL JUDGMENTS, INCLUDING ANY INTEREST OR COSTS, IN ANY COMBINATION, THAT HAVE NOT BEEN FULLY SATISFIED AND THAT AROSE OUT OF FAILURE TO COMPLY WITH OR ENFORCEMENT OF CHAPTER 6 OF THIS TITLE FOR ANY ONE OR MORE PUBLIC OFFICES IS INELIGIBLE TO BE A CANDIDATE FOR NOMINATION OR ELECTION TO ANY ELECTED OFFICE IN THIS STATE.

N.

The secretary of state may authorize for statewide and legislative offices the creation, use and submission of petitions prescribed by this section in electronic form if those petitions provide for an appropriate method to verify signatures of petition circulators and signers.

The secretary of state may require use of a unique marking system for petition pages, including a bar code, a quick response code or another similar marking system.

-13- House Amendments to S.B.

1237 Sec.

4.

Title 16, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 16-902, to read:

16-902.

Campaign finance fines;

filing officers;

secretary of state website THE SECRETARY OF STATE SHALL PROVIDE A WEBSITE PORTAL FOR FILING OFFICERS IN THIS STATE TO PROVIDE INFORMATION TO THE SECRETARY OF STATE REGARDING CANDIDATES IN THAT FILING OFFICER'S JURISDICTION WHO ARE FOUND LIABLE FOR AN AGGREGATION OF $1,000 OR MORE AS PRESCRIBED IN SECTION 16-311, 16-314 OR 16-341.

THE INFORMATION SHALL IDENTIFY THE CANDIDATE AND STATE THE AMOUNT AND DATE OF THE LIABILITY, AND THE SECRETARY OF STATE SHALL MAKE THAT INFORMATION PUBLICLY AVAILABLE ON THE SECRETARY OF STATE'S WEBSITE." Amend title to conform DAVID LIVINGSTON 1237LIVINGSTON SE.docx 03/20/2024 08:57 AM H:

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