Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2768
elections; public resources; conflict referral
Purpose
Requires the Attorney General (AG) or a county attorney to promptly evaluate whether a
complaint that public resources were spent or used to influence an election presents an actual or
potential conflict of interest. Prescribes requirements for the procedures after receiving a complaint
of a conflict of interest.
Background
The State of Arizona and any special taxing district, public agency, department, board,
commission, committee, council or authority (public entity) may not spend or use public resources
to influence an election, including the use or expenditure of monies, accounts, credit, materials,
equipment, buildings, facilities, vehicles, postage, telecommunications, computer hardware and
software, web pages and personnel and any other thing of value of the public entity. The AG, the
county attorney for the county in which an alleged violation of the prohibition on using public
resources to influence an election occurs or any resident of the jurisdiction of an alleged violation
may file an action against the offending entity in the superior court. Any person or public entity
that knowingly spends or uses public funds to influence an election or aids another person or public
entity in spending or using public funds to influence an election is liable for a civil penalty of up
to $5,000 for each violation. The court may also order the offending person or public entity to pay
an additional penalty in an amount that equals the value of the public resources unlawfully used
(A.R.S. ยง 16-192).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the AG or county attorney to promptly evaluate whether a complaint that a
government entity has spent or used public resources to influence an election presents an actual
or potential conflict of interest based on the alleged fact and any applicable state law or ethical
rule.
2. Stipulates that, if the AG or county attorney concludes that the complaint presents a conflict
of interest, then the AG or county attorney within 30 days of receiving the complaint, must:
a) refer the complaint to a county attorney; and
b) provide the complainant with written notice of the referral and an explanation of the basis
for the conflict of interest that gave rise to the referral of the complaint. FACT SHEET
H.B. 2768
Page 2
3. Stipulates that, if the AG or county attorney concludes that the complaint does not present a
conflict of interest, then the AG or county attorney within 30 days of receiving the complaint,
must:
a) disclose to the complainant whether the AG or county attorney received any direct or
indirect financial benefit from any person or entity named in the complaint within the year
preceding the submission of the complaint; and
b) notify the complainant of the complainant's right to request the appointment of a special
investigator who does not act at the direction of the AG or county attorney to resolve the
complaint.
4. Stipulates that if the AG or county attorney does not adhere to the procedures prescribed
relating to the complaint of a conflict of interest, then the findings of the AG or county attorney
are void.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
APPROP 2/19/24 DP 11-4-2-0
3
rd
Read 2/27/24 32-25-2-0-1
Prepared by Senate Research
March 14, 2024
AN/HS/cs