Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2378
officials; political action committee prohibition
Purpose
Prohibits the Secretary of State (SOS), a member of a county board of supervisors (county
BOS), a county recorder or any other officer in charge of elections, or their employee, from being
a chairperson, treasurer or other member of a political action committee (PAC).
Background
A person must obtain an election officer's certificate issued by the SOS before January 1
of each election year in order to assume the duties or authority of an election officer, clerk of the
county BOS or the county recorder in relation to election duties or on behalf of any county. The
SOS must examine applicants for election officer certificates (A.R.S. § 16-407). As the chief
election officer of the state, the SOS must provide for the oversight and administration of secure
and accurate elections. The SOS's office certifies: 1) voting devices; 2) election results;
3) candidates; 4) measures to the ballot; and 5) the results of an election (AZSOS). Statute outlines
the duties of a county BOS including: 1) establishing, abolishing and changing election precincts;
2) appointing inspectors and judges of elections; 3) canvassing election returns; 4) declaring
election results; and 5) issuing certificates of election results (A.R.S. § 11-251). Statute outlines
the duties of the county recorder which includes having custody of and keeping all records, maps
and papers deposited in the recorder's office (A.R.S. § 11-461).
An entity must register as a PAC if the entity: 1) is organized for the primary purpose of
influencing the result of an election; and 2) receives contributions or makes expenditures of at least
$1,000 in connection to any election during a calendar year. A PAC must file a statement of
organization with the filing officer within 10 days after qualifying as a PAC. Once a statement of
organization has been filed by a PAC, the filing officer must issue an identification number to the
PAC. Additionally, once a statement of organization has been filed, a PAC may perform any lawful
activity without establishing a separate PAC for each activity or specifying each activity in its
statement of organization, including: 1) making contributions; 2) making expenditures; or
3) conducting issue advocacy (A.R.S. § 16-906). A PAC treasurer is the custodian of the PAC's
books and accounts. The PAC may not make a contribution, expenditure or disbursement without
the treasurer's authorization. A PAC must keep records of: 1) all contributions made or received;
2) the identification of a contributor that contributes at least $50 during an election cycle; 3) totals
contributed by each contributor during the election cycle; and 4) the name and address of every
person that receives a contribution, expenditure or disbursement from the PAC (A.R.S. § 16-907).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
FACT SHEET
H.B. 2378
Page 2
Provisions
1. Prohibits the SOS, a member of a county BOS, a county recorder or any other officer in charge
of elections from being a chairperson, treasurer or other member of a PAC.
2. Prohibits any employee of the SOS, county recorder, other officer in charge of elections or a
county BOS from being a chairperson, treasurer or other member of a PAC.
3. Prohibits the SOS, a member of the county BOS, a county recorder or any other officer in
charge of elections, or their employee, from coordinating with an PAC to fundraise or advocate
for the support or defeat of any candidate or ballot measure.
4. Includes, in the prohibition relating to coordinating with a PAC, independent contractors who
are contracted for work related to elections.
5. Exempts, from the prohibition relating to membership in a PAC, an individual's membership
in a candidate committee for the individual's own candidacy.
6. Becomes effective on the general effective date.
House Action
MOE 1/25/23 DPA 10-0-0-0
3
rd
Read 2/21/23 49-11-0
Prepared by Senate Research
March 2, 2023
AN/CS/slp