HB 2768
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: APPROP DP 11-4-2-0
HB 2768: elections; public resources; conflict referral
Sponsor: Representative Livingston, LD 28
Caucus & COW
Overview
Outlines the required procedure for the Attorney General or a county attorney if they receive
a complaint that presents a conflict of interest.
History
Arizona, special taxing districts, any public agency, department board, commission
committee, council or authority may not spend or use public resources to influence an
election. This includes the use of monies, accounts, credit, materials, equipment, buildings,
facilities, vehicles, postage, telecommunications, computer hardware and software. (A.R.S. §
16-192).
The Attorney General may enforce election rules for statewide office, the Legislature,
Supreme Court Justices, Judges of the Court of Appeals or statewide initiatives or
referendums through civil and criminal penalties. County attorneys may enforce election
rules for county, city or town office, community college district governing boards, Superior
Court Judges or county, city or town initiatives or referendums through civil and criminal
penalties (A.R.S. § 16-1021).
Provisions
1. Stipulates that if the Attorney General or a county attorney receives a complaint alleging
that a government entity used resources to influence an election and that complaint
presents a conflict of interest, they must:
a) refer the complaint to another county attorney within 30 days of the submission of the
complaint; and
b) provide the complainant with a written notice which explains the basis for the conflict
of interest within 30 days of receiving the complaint. (Sec. 1)
2. Stipulates that if the Attorney General or a county attorney receives a complaint alleging
a political party or political action committee received public resources from a government
entity to influence an election and that political party or political action committee made
any expenditure to influence the election of the Attorney General or the county attorney,
they must:
a) provide the complainant with a legal analysis that explains whether the Attorney
General or county attorney has a conflict of interest and whether the complaint can
be investigated in a fair manner; and
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2768
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b) allow the complainant to request the appointment of a special investigator who does
not act at the direction of the Attorney General or the county attorney to resolve the
complaint. (Sec. 1)
3. Extends the definition of influencing an election to include supporting or opposing any
political party or political action committee. (Sec. 1)
4. Defines candidate, political action committee and political party. (Sec. 1)
5. Makes technical and conforming changes. (Sec. 1)