ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
GOVERNMENT COMMITTEE
DATE: February 8, 2022
SUBJECT: Strike everything amendment to S.B. 1475, relating to election complaints; attorney
general
Purpose
Outlines powers and duties of the Attorney General (AG) or a county attorney related to
the enforcement of election laws. Allows the AG to enforce election laws in elections for Members
of Congress,
U.S. Senators and presidential electors.
Background
The AG and the Department of Law are charged with: 1) prosecuting and defending all
proceedings in the Arizona Supreme Court in which Arizona is a party; 2) prosecuting and
defending any proceeding in a court other than the Arizona Supreme Court as
necessary; 3) representing Arizona in federal court; and 4) writing opinions upon demand by the
Legislature, either house of the Legislature or any member of the Legislature (A.R.S. § 41-193).
The AG may also enforce Arizona election laws through civil and criminal actions in any election
for: 1) state office; 2) Members of the Legislature; 3) justices of the Arizona Supreme Court; 4)
judges of the court of appeals; or 5) any initiative or referendum (A.R.S. § 16-1021).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows the AG to enforce Arizona election law in elections for Members of Congress, U.S.
Senator or presidential electors.
2. Allows the AG or a county attorney, in order to carry out statutory duties relating to
enforcement of election laws, to:
a) issue written investigative demands to any person;
b) administer an oath or affirmation to any person for testimony;
c) examine under oath any person in connection with the investigation of an alleged violation
of election laws;
d) examine any account, book, computer, document, minutes, paper, recording or record by
means of inspecting, studying or copying;
e) require any person to file a statement or report in writing and under oath of all the facts and
circumstances requested by the AG or a county attorney; and
f) issue all forms of subpoenas to any person, regardless of whether the person is located
within Arizona.
MIKE HANS
LEGISLATIVE RESEARCH ANALYST
GOVERNMENT COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
S.B. 1475
Page 3
3. Allows the AG or a county attorney, to effectuate the issuance of a subpoena for a person who
is not subject to service in Arizona, to initiate a pre-suit enforcement proceeding in superior
court and request that the superior court issue the subpoena as part of the proceeding.
4. Requires a subpoena issued by the superior court to state the caption and case number of the
pre-suit enforcement proceeding and that the case is pending in the superior court.
5. Requires a written investigative demand to:
a) be served on a person in a manner required for service of process in Arizona or by certified
mail, return receipt requested;
b) describe the class or classes of documents or objects with sufficient definitiveness to allow
them to be fairly identified;
c) prescribe a reasonable time at which the person must appear to testify and within which a
document or object must be produced;
d) advise a person that objections to or reasons for not complying with the demand may be
filed with the AG or a county attorney prior to the prescribed time of appearance or
production; and
e) specify a place for taking testimony or for producing a document or object and designate a
person who is the custodian of the document or object.
6. Defines person.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee
• Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Grants a county attorney the same powers granted to the AG related to the enforcement of
election laws.
2. Makes technical and conforming changes.