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
House Engrossed
Overview
Outlines the required procedure for the Attorney General or a county attorney if they receive
certain complaints that present 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. Instructs the Attorney General or County attorney, upon receipt of a complaint alleging
a qualifying violation, to promptly evaluate whether the complaint presents an actual or
potential conflict of interest based on the alleged facts and any applicable state law or
ethical rule. (Sec. 1)
2. Requires, if the Attorney General or county attorney concludes that a complaint presents
a conflict of interest, they must:
a) Refer the complaint to a county attorney; and
b) Provide the complainant with a written notice of the referral and an explanation of
the basis for the conflict of interest. (Sec. 1)
3. Instructs the Attorney General or county attorney, upon concluding that a conflict of
interest does not exist, to:
a) Disclose to the complainant whether the Attorney General or county attorney received
any direct or indirect financial benefit from any person or entity named in the
complaint within one year before the submission of the complaint; and
b) Notify the complaint of their right to request the appointment of a special investigator
who does not act at the discretion of the Attorney General or county Attorney. (Sec. 1)
4. Specifies that if an Attorney General or county attorney does not comply with the
requirements outlined above, then their investigative findings are null and void. (Sec. 1) HB 2768
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5. Makes technical and conforming changes. (Sec. 1)