16-956

16-956. Voter education and enforcement
duties

(Caution: 1998 Prop. 105 applies)

A. The commission shall:

1. Develop a procedure for publishing a document or section of a document having a
space of predefined size for a message chosen by each candidate. For the document that
is mailed before the primary election, the document shall contain the names of every
candidate for every statewide and legislative district office in that primary election
without regard to whether the candidate is a participating candidate or a
nonparticipating candidate. For the document that is mailed before the general election,
the document shall contain the names of every candidate for every statewide and
legislative district office in that general election without regard to whether the
candidate is a participating candidate or a nonparticipating candidate. The commission
shall mail one copy of each document to every household that contains a registered
voter. For the document that is mailed before the primary election, the mailing may be
made over a period of days but shall be mailed in order to be delivered to households
before the earliest date for receipt by registered voters of any requested early ballots
for the primary election. The commission may mail the second document over a period of
days but shall mail the second document in order to be delivered to households before the
earliest date for receipt by registered voters of any requested early ballots for the
general election. The primary election and general election documents published by the
commission shall comply with all of the following:

(a) For any candidate who does not submit a message pursuant to this paragraph, the
document shall include with the candidate's listing the words "no statement submitted".

(b) The document shall have printed on its cover the words "citizens clean
elections commission voter education guide" and the words "primary election" or "general
election" and the applicable year. The document shall also contain at or near the bottom
of the document cover in type that is no larger than one-half the size of the type used
for "citizens clean elections commission voter education guide" the words "paid for by
the citizens clean elections fund".

(c) In order to prevent voter confusion, the document shall be easily
distinguishable from the publicity pamphlet that is required to be produced by the
secretary of state pursuant to section 19-123.

2. Sponsor debates among candidates, in such manner as determined by the
commission. The commission shall require participating candidates to attend and
participate in debates and may specify by rule penalties for nonparticipation. The
commission shall invite and permit nonparticipating candidates to participate in debates.

3. Prescribe forms for reports, statements, notices and other documents required by
this article. The commission shall not require a candidate to use a reporting system
other than the reporting system jointly approved by the commission and the office of the
secretary of state.

4. Prepare and publish instructions setting forth methods of bookkeeping and
preservation of records to facilitate compliance with this article and explaining the
duties of persons and committees under this article.

5. Produce a yearly report describing the commission's activities and any
recommendations for changes of law, administration or funding amounts and accounting for
monies in the fund.

6. Adopt rules to implement the reporting requirements of section 16-958,
subsections D and E.

7. Enforce this article, ensure that money from the fund is placed in candidate
campaign accounts or otherwise spent as specified in this article and not otherwise,
monitor reports filed pursuant to this chapter and financial records of candidates as
needed to ensure that equalization monies are paid promptly to opposing qualified
candidates under section 16-952 and ensure that money required by this article to be paid
to the fund is deposited in the fund. The commission shall not take action on any
external complaint that is filed more than ninety days after the postelection report is
filed or ninety days after the completion of the canvass of the election to which the
complaint relates, whichever is later.

B. The commission may subpoena witnesses, compel their attendance and testimony,
administer oaths and affirmations, take evidence and require by subpoena the production
of any books, papers, records or other items material to the performance of the
commission's duties or the exercise of its powers.

C. The commission may adopt rules to carry out the purposes of this article and to
govern procedures of the commission. Commission rule making is exempt from title 41,
chapter 6, article 3. The commission shall propose and adopt rules in public meetings,
with at least sixty days allowed for interested parties to comment after the rules are
proposed. The commission shall also file a notice of exempt rule making and the proposed
rule in the format prescribed in section 41-1022 with the secretary of state's office for
publication in the Arizona administrative register. After consideration of the comments
received in the sixty day comment period, the commission may adopt the rule in an open
meeting. Any rules given final approval in an open meeting shall be filed in the format
prescribed in section 41-1022 with the secretary of state's office for publication in the
Arizona administrative register. Any rules adopted by the commission shall only be
applied prospectively from the date the rule was adopted.

D. Beginning January 1, 2010, rules adopted by the commission are not effective
until January 1 in the year following the adoption of the rule, except that rules adopted
by unanimous vote of the commission may be made immediately effective and enforceable.

E. If, in the view of the commission, the action of a particular candidate or
committee requires immediate change to a commission rule, a unanimous vote of the
commission is required. Any rule change made pursuant to this subsection that is enacted
with less than a unanimous vote takes effect for the next election cycle.

F. Based on the results of the elections in the year 2002 or any quadrennial
election thereafter, and within six months after such election, the commission may adopt
rules changing the number of qualifying contributions required for any office from those
listed in section 16-950, subsection D, by no more than twenty per cent of the number
applicable for the preceding election.