HCR 2040
Initials JH/SR Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: FMAE DP 4-3-0-0
HCR2040: elections; foreign contributions; donations; certification
Sponsor: Representative Montenegro, LD 29
House Engrossed
Overview
Prohibits the use of monies or in-kind goods and services from a foreign government in
election administration.
History
Campaign finance reports are required to be filed by any candidate committee, political action
committee or political party. These reports must include the total receipts during the
reporting period including contributions from out-of-state individuals and political action
committees. In addition, disbursements or expenditures advocating for the election or defeat
of a candidate and the passage or defeat of a ballot measure must be included. Campaign
finance reports must be accompanied by a certification by a committee's treasurer, issued
under penalty of perjury, that the contents of the report are true and correct (A.R.S. §§ 16-
901, 16-926).
The Attorney General is responsible for the enforcement of election statutes and regulations
through civil and criminal actions (A.R.S. § 16-1021).
Provisions
1. Prohibits government entities from using monies or in-kind goods or services that are
donated by a foreign government or foreign nongovernmental source for election
administration. (Sec. 1)
2. Requires a person or vendor that provides services to a government entity for election
administration to provide a certification including a dated and sworn statement to the
Secretary of State. (Sec. 1)
3. Specifies that this certification must be updated annually. (Sec. 1)
4. Requires that, upon receipt of previously unknown information, the person update their
certification and include a new statement that the person is not knowingly the recipient
of donations from a foreign source. (Sec. 1)
5. Mandates that the Secretary of State require government entities to provide a quarterly
report that lists any person or vendor providing services to that government entity for
election administration. (Sec. 1)
6. Requires records of the certifications to be maintained by the Secretary of State and
posted online. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HCR 2040
Initials JH/SR Page 2 House Engrossed
7. Specifies that failing to provide the certification or providing an inaccurate certification
invalidates any agreement with the government entity and bars the government entity
from entering or continuing any agreement with that person. (Sec. 1)
8. Establishes that a person or vendor that knowingly fails to provide an accurate
certification is guilty of a class 1 misdemeanor. (Sec. 1)
9. Authorizes the Attorney General to file an action regarding a person knowingly violating
the above provisions and details the damages for such an action. (Sec. 1)
10. Allows any qualified elector or state official to bring a civil action for any or all of the
following:
a) enjoining a violation of the above provisions;
b) enforcing any of the above provisions; and
c) outlines what the court must award if an action is successful. (Sec. 1)
11. Specifies that the remedies and penalties prescribed are in addition to all other causes of
action, remedies and penalties provided by law. (Sec. 1)
12. Prohibits a foreign government from knowingly giving a person, entity or committee, and
such an entity from knowingly accepting or using, in-kind goods or services contributed
by a foreign government or a foreign nongovernmental source to influence the outcome of
an election or ballot measure. (Sec. 2)
13. Requires any person, entity or committee required to file campaign finance reports to
certify under penalty of perjury that they did not accept or use monies or in-kind goods or
services from a foreign government or foreign nongovernmental source. (Sec. 2)
14. Specifies that a foreign government does not include federally recognized sovereign tribal
nations. (Sec. 1, 2)
15. Defines foreign nongovernmental source and person. (Sec. 1, 2)
16. Requires the Secretary of State to submit this proposition to the voters at the next general
election. (Sec. 2).
17. Becomes effective if approved by the voters and on proclamation of the Governor.