CITIZENS CLEAN ELECTIONS ACT

481,963 / 51.2% Yes votes ...... 459,373 / 48.8% No votes

See Also: Measures

Explanation: This measure would change the current system of private financing of state-level election campaigns. A Clean Elections Fund would be created from a) a surcharge on civil penalties and criminal fines, b) an annual $100 registration fee for lobbyists, and c) voluntary donations by taxpayers ( who can reduce their state tax by that amount --up to $500). Candidates who choose this fund would have to a) show adequate support from citizens by raising a designated number of $5 contributions from registered voters in their district b) agree not to raise private funds other than the qualifying requirement c) limit use of their own personal money, and d) abide by spending limits.

A five member non-partisan commission to be established would administer the fund and enforce these provisions. Members would be recommended by the Appellate Court Appointments Commission and selected by state officials from both parties.

Contribution limits for candidates who choose not to participate will be lowered 20% from current law. If their spending rises dramatically higher than public spending limits, public funding will increase for their opponents (up to a certain limit).

Summary of Arguments FOR Proposition 200:

1. The Clean Elections Fund could significantly reduce the influence of special interest groups and restore accountability of elected representatives

2. This would end the money chase and eliminate the need for candidates to spend time raising campaign funds rather than serving the public interest.

3.More qualified people, who don't like to raise money and want to avoid commitments to big contributors, could now run for office.

4. Through innovative financing of the Clean Elections Fund, there would be no increase in taxes. Taxpayers would only contribute to the Fund voluntarily.

Summary of Arguments AGAINST Proposition 200:

1. Proposition 200 limits freedom of speech. Private groups should not be limited in the support they give a candidate and candidates should not be restricted in spending to get their message across.

2. While the fund itself does not take from general taxes, it does give tax breaks to those who contribute funds. This could lead to the need to make up this loss-- in higher taxes.

3. This particular program has too complicated rules that will have to be administered and enforced by added government bureaucracy.

4. This penalizes non-taxpayer-funded candidates by reducing their fundraising ability by 20% if they don't participate.

Section 1. In title 16, chapter 6, add the following article:

ARTICLE 2. CITIZENS CLEAN ELECTIONS ACT

16-940. FINDINGS AND DECLARATIONS.

A. THE PEOPLE OF ARIZONA DECLARE OUR INTENT TO CREATE A CLEAN ELECTIONS SYSTEM THAT WILL IMPROVE THE INTEGRITY OF ARIZONA STATE GOVERNMENT BY DIMINISHING THE INFLUENCE OF SPECIAL-INTEREST MONEY, WILL ENCOURAGE CITIZEN PARTICIPATION IN THE POLITICAL PROCESS, AND WILL PROMOTE FREEDOM OF SPEECH UNDER THE U.S. AND ARIZONA CONSTITUTIONS. CAMPAIGNS WILL BECOME MORE ISSUE-ORIENTED AND LESS NEGATIVE BECAUSE THERE WILL BE NO NEED TO CHALLENGE THE SOURCES OF CAMPAIGN MONEY.

B. THE PEOPLE OF ARIZONA FIND THAT OUR CURRENT ELECTION-FINANCING SYSTEM:

1. ALLOWS ARIZONA ELECTED OFFICIALS TO ACCEPT LARGE CAMPAIGN CONTRIBUTIONS FROM PRIVATE INTERESTS OVER WHICH THEY HAVE GOVERNMENTAL JURISDICTION;

2. GIVES INCUMBENTS AN UNHEALTHY ADVANTAGE OVER CHALLENGERS;

3. HINDERS COMMUNICATION TO VOTERS BY MANY QUALIFIED CANDIDATES;

4. EFFECTIVELY SUPPRESSES THE VOICES AND INFLUENCE OF THE VAST MAJORITY OF ARIZONA CITIZENS IN FAVOR OF A SMALL NUMBER OF WEALTHY SPECIAL INTERESTS;

5. UNDERMINES PUBLIC CONFIDENCE IN THE INTEGRITY OF PUBLIC OFFICIALS;

6. COSTS AVERAGE TAXPAYERS MILLIONS OF DOLLARS IN THE FORM OF SUBSIDIES AND SPECIAL PRIVILEGES FOR CAMPAIGN CONTRIBUTORS;

7. DRIVES UP THE COST OF RUNNING FOR STATE OFFICE, DISCOURAGING OTHERWISE QUALIFIED CANDIDATES WHO LACK PERSONAL WEALTH OR ACCESS TO SPECIAL-INTEREST FUNDING; AND

8. REQUIRES THAT ELECTED OFFICIALS SPEND TOO MUCH OF THEIR TIME RAISING FUNDS RATHER THAN REPRESENTING THE PUBLIC.

16-941. LIMITS ON SPENDING AND CONTRIBUTIONS FOR POLITICAL CAMPAIGNS.

A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, A PARTICIPATING CANDIDATE:

1. SHALL NOT ACCEPT ANY CONTRIBUTIONS, OTHER THAN A LIMITED NUMBER OF FIVE-DOLLAR QUALIFYING CONTRIBUTIONS AS SPECIFIED IN SECTION 16-946 AND EARLY CONTRIBUTIONS AS SPECIFIED IN SECTION 16-945, EXCEPT IN THE EMERGENCY SITUATION SPECIFIED IN SECTION 16-954, SUBSECTION F.

2. SHALL NOT MAKE EXPENDITURES OF MORE THAN A TOTAL OF FIVE HUNDRED DOLLARS OF THE CANDIDATES PERSONAL MONIES FOR A CANDIDATE FOR LEGISLATURE OR MORE THAN ONE THOUSAND DOLLARS FOR A CANDIDATE FOR STATEWIDE OFFICE.

3. SHALL NOT MAKE EXPENDITURES IN THE PRIMARY ELECTION PERIOD IN EXCESS OF THE ADJUSTED PRIMARY ELECTION SPENDING LIMIT.

4. SHALL NOT MAKE EXPENDITURES IN THE GENERAL ELECTION PERIOD IN EXCESS OF THE ADJUSTED GENERAL ELECTION SPENDING LIMIT.

5. SHALL COMPLY WITH SECTION 16-948 REGARDING CAMPAIGN ACCOUNTS AND SECTION 16-953 REGARDING RETURNING UNUSED MONIES TO THE CITIZENS CLEAN ELECTION FUND DESCRIBED IN THIS ARTICLE.

B. NOTWITHSTANDING ANY LAW TO THE CONTRARY, A NONPARTICIPATING CANDIDATE:

1. SHALL NOT ACCEPT CONTRIBUTIONS IN EXCESS OF AN AMOUNT THAT IS TWENTY PERCENT LESS THAN THE LIMITS SPECIFIED IN SECTION 16-905, SUBSECTIONS A THROUGH G, AS ADJUSTED BY THE SECRETARY OF STATE PURSUANT TO SECTION 16-905, SUBSECTION J. ANY VIOLATION OF THIS PARAGRAPH SHALL BE SUBJECT TO THE CIVIL PENALTIES AND PROCEDURES SET FORTH IN SECTION 16-905, SUBSECTIONS L THROUGH P AND SECTION 16-924.

2. SHALL COMPLY WITH SECTION 16-958 REGARDING REPORTING, INCLUDING FILING REPORTS WITH THE SECRETARY OF STATE INDICATING WHENEVER (A) EXPENDITURES OTHER THAN INDEPENDENT EXPENDITURES ON BEHALF OF THE CANDIDATE, FROM THE BEGINNING OF THE ELECTION CYCLE TO ANY DATE UP TO PRIMARY ELECTION DAY, EXCEED SEVENTY PERCENT OF THE ORIGINAL PRIMARY ELECTION SPENDING LIMIT APPLICABLE TO A PARTICIPATING CANDIDATE SEEKING THE SAME OFFICE, OR (B) CONTRIBUTIONS TO A CANDIDATE, FROM THE BEGINNING OF THE ELECTION CYCLE TO ANY DATE DURING THE GENERAL ELECTION PERIOD, LESS EXPENDITURES MADE FROM THE BEGINNING OF THE ELECTION CYCLE THROUGH PRIMARY ELECTION DAY, EXCEED SEVENTY PERCENT OF THE ORIGINAL GENERAL ELECTION SPENDING LIMIT APPLICABLE TO A PARTICIPATING CANDIDATE SEEKING THE SAME OFFICE.

C. NOTWITHSTANDING ANY LAW TO THE CONTRARY, A CANDIDATE, WHETHER PARTICIPATING OR NONPARTICIPATING:

1. IF AND ONLY IF SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY THE CANDIDATE AND ONE OR MORE OPPOSING CANDIDATES AND FILED WITH THE CITIZENS CLEAN ELECTIONS COMMISSION, SHALL NOT MAKE ANY EXPENDITURE IN THE PRIMARY OR GENERAL ELECTION PERIOD EXCEEDING AN AGREED-UPON AMOUNT LOWER THAN SPENDING LIMITS OTHERWISE APPLICABLE BY STATUTE.

2. SHALL CONTINUE TO BE BOUND BY ALL OTHER APPLICABLE ELECTION AND CAMPAIGN FINANCE STATUTES AND RULES, WITH THE EXCEPTION OF THOSE PROVISIONS IN EXPRESS OR CLEAR CONFLICT WITH THE PROVISIONS OF THIS ARTICLE.

D. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PERSON WHO MAKES INDEPENDENT EXPENDITURES RELATED TO A PARTICULAR OFFICE CUMULATIVELY EXCEEDING FIVE HUNDRED DOLLARS IN AN ELECTION CYCLE, WITH THE EXCEPTION OF ANY EXPENDITURE LISTED IN SECTION 16-920 AND ANY INDEPENDENT EXPENDITURE BY AN ORGANIZATION ARISING FROM A COMMUNICATION DIRECTLY TO THE ORGANIZATIONS MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATED PERSONS, AND SUBSCRIBERS, SHALL FILE REPORTS WITH THE SECRETARY OF STATE IN ACCORDANCE WITH SECTION 16-958 SO INDICATING, IDENTIFYING THE OFFICE AND THE CANDIDATE OR GROUP OF CANDIDATES WHOSE ELECTION OR DEFEAT IS BEING ADVOCATED, AND STATING WHETHER THE PERSON IS ADVOCATING ELECTION OR ADVOCATING DEFEAT.

16-942. CIVIL PENALTIES AND FORFEITURE OF OFFICE.

A. THE CIVIL PENALTY FOR A VIOLATION OF ANY CONTRIBUTION OR EXPENDITURE LIMIT IN SECTION 16-941 BY OR ON BEHALF OF A PARTICIPATING CANDIDATE SHALL BE TEN TIMES THE AMOUNT BY WHICH THE EXPENDITURES OR CONTRIBUTIONS EXCEED THE APPLICABLE LIMIT.

B. IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW, THE CIVIL PENALTY FOR A VIOLATION BY OR ON BEHALF OF ANY CANDIDATE OF ANY REPORTING REQUIREMENT IMPOSED BY THIS CHAPTER SHALL BE ONE HUNDRED DOLLARS PER DAY FOR CANDIDATES FOR THE LEGISLATURE AND THREE HUNDRED DOLLARS PER DAY FOR CANDIDATES FOR STATEWIDE OFFICE. THE PENALTY IMPOSED BY THIS SUBSECTION SHALL BE DOUBLED IF THE AMOUNT NOT REPORTED FOR A PARTICULAR ELECTION CYCLE EXCEEDS TEN PERCENT OF THE ADJUSTED PRIMARY OR GENERAL ELECTION SPENDING LIMIT. NO PENALTY IMPOSED PURSUANT TO THIS SUBSECTION SHALL EXCEED TWICE THE AMOUNT OF EXPENDITURES OR CONTRIBUTIONS NOT REPORTED. THE CANDIDATE AND THE CANDIDATES CAMPAIGN ACCOUNT SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR ANY PENALTY IMPOSED PURSUANT TO THIS SUBSECTION.

C. ANY CAMPAIGN FINANCE REPORT FILED INDICATING A VIOLATION OF SECTION 16-941, SUBSECTIONS A OR B OR SECTION 16-941, SUBSECTION C, PARAGRAPH 1 INVOLVING AN AMOUNT IN EXCESS OF TEN PERCENT OF THE SUM OF THE ADJUSTED PRIMARY ELECTION SPENDING LIMIT AND THE ADJUSTED GENERAL ELECTION SPENDING LIMIT FOR A PARTICULAR CANDIDATE SHALL RESULT IN DISQUALIFICATION OF A CANDIDATE OR FORFEITURE OF OFFICE.

D. ANY PARTICIPATING CANDIDATE ADJUDGED TO HAVE COMMITTED A KNOWING VIOLATION OF SECTION 16-941, SUBSECTION A OR SUBSECTION C, PARAGRAPH 1 SHALL REPAY FROM THE CANDIDATES PERSONAL MONIES TO THE FUND ALL MONIES EXPENDED FROM THE CANDIDATES CAMPAIGN ACCOUNT AND SHALL TURN OVER THE CANDIDATES CAMPAIGN ACCOUNT TO THE FUND.

E. ALL CIVIL PENALTIES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE DEPOSITED INTO THE FUND.

16-943. CRIMINAL VIOLATIONS AND PENALTIES.

A. A CANDIDATE, OR ANY OTHER PERSON ACTING ON BEHALF OF A CANDIDATE, WHO KNOWINGLY VIOLATES SECTION 16-941 IS GUILTY OF A CLASS 1 MISDEMEANOR.

B. ANY PERSON WHO KNOWINGLY PAYS ANY THING OF VALUE OR ANY COMPENSATION FOR A QUALIFYING CONTRIBUTION AS DEFINED IN SECTION 16-946 IS GUILTY OF A CLASS 1 MISDEMEANOR.

C. ANY PERSON WHO KNOWINGLY PROVIDES FALSE OR INCOMPLETE INFORMATION ON A REPORT FILED UNDER SECTION 16-958 IS GUILTY OF A CLASS 1 MISDEMEANOR.

16-944. FEES IMPOSED ON LOBBYISTS.

BEGINNING ON JANUARY 1, 1999, AN ANNUAL FEE IS IMPOSED ON ALL REGISTERED LOBBYISTS REPRESENTING (A) ONE OR MORE PERSONS IN CONNECTION WITH A COMMERCIAL OR FOR-PROFIT ACTIVITY EXCEPT PUBLIC BODIES OR (B) A NON-PROFIT ENTITY PREDOMINATELY COMPOSED OF OR ACTING ON BEHALF OF A TRADE ASSOCIATION OR OTHER GROUPING OF COMMERCIAL OR FOR-PROFIT ENTITIES. THE FEE SHALL BE IN THE AMOUNT OF ONE HUNDRED DOLLARS ANNUALLY PER LOBBYIST AND SHALL BE COLLECTED BY THE SECRETARY OF STATE AND TRANSMITTED TO THE STATE TREASURER FOR DEPOSIT INTO THE FUND.

16-945. LIMITS ON EARLY CONTRIBUTIONS.

A. A PARTICIPATING CANDIDATE MAY ACCEPT EARLY CONTRIBUTIONS ONLY FROM INDIVIDUALS AND ONLY DURING THE EXPLORATORY PERIOD AND THE QUALIFYING PERIOD, SUBJECT TO THE FOLLOWING LIMITATIONS:

1. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO CONTRIBUTOR SHALL GIVE, AND NO PARTICIPATING CANDIDATE SHALL ACCEPT, CONTRIBUTIONS FROM A CONTRIBUTOR EXCEEDING ONE HUNDRED DOLLARS DURING AN ELECTION CYCLE.

2. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EARLY CONTRIBUTIONS TO A PARTICIPATING CANDIDATE FROM ALL SOURCES FOR AN ELECTION CYCLE SHALL NOT EXCEED, FOR A CANDIDATE FOR GOVERNOR, FORTY THOUSAND DOLLARS OR, FOR OTHER CANDIDATES, TEN PERCENT OF THE SUM OF THE ORIGINAL PRIMARY ELECTION SPENDING LIMIT AND THE ORIGINAL GENERAL ELECTION SPENDING LIMIT.

3. QUALIFYING CONTRIBUTIONS SPECIFIED IN SECTION 16-946 SHALL NOT BE INCLUDED IN DETERMINING WHETHER THE LIMITS IN THIS SUBSECTION HAVE BEEN EXCEEDED.

B. EARLY CONTRIBUTIONS SPECIFIED IN SUBSECTION A OF THIS SECTION AND THE CANDIDATES PERSONAL MONIES SPECIFIED IN SECTION 16-941, SUBSECTION A, PARAGRAPH 2 MAY BE SPENT ONLY DURING THE EXPLORATORY PERIOD AND THE QUALIFYING PERIOD. ANY EARLY CONTRIBUTIONS NOT SPENT BY THE END OF THE QUALIFYING PERIOD SHALL BE PAID TO THE FUND.

C. IF A PARTICIPATING CANDIDATE HAS A DEBT FROM AN ELECTION CAMPAIGN IN THIS STATE DURING A PREVIOUS ELECTION CYCLE IN WHICH THE CANDIDATE WAS NOT A PARTICIPATING CANDIDATE, THEN, DURING THE EXPLORATORY PERIOD ONLY, THE CANDIDATE MAY ACCEPT, IN ADDITION TO EARLY CONTRIBUTIONS SPECIFIED IN SUBSECTION A OF THIS SECTION, CONTRIBUTIONS SUBJECT TO THE LIMITATIONS IN SECTION 16-941, SUBSECTION B, PARAGRAPH 1, OR MAY EXCEED THE LIMIT ON PERSONAL MONIES IN SECTION 16-941, SUBSECTION A, PARAGRAPH 2, PROVIDED THAT SUCH CONTRIBUTIONS AND MONIES ARE USED SOLELY TO RETIRE SUCH DEBT.

16-946. QUALIFYING CONTRIBUTIONS.

A. DURING THE QUALIFYING PERIOD, A PARTICIPATING CANDIDATE MAY COLLECT QUALIFYING CONTRIBUTIONS, WHICH SHALL BE PAID TO THE FUND.

B. TO QUALIFY AS A "QUALIFYING CONTRIBUTION," A CONTRIBUTION MUST BE:

1. MADE BY A QUALIFIED ELECTOR AS DEFINED IN SECTION 16-121, WHO AT THE TIME OF THE CONTRIBUTION IS REGISTERED IN THE ELECTORAL DISTRICT OF THE OFFICE THE CANDIDATE IS SEEKING AND WHO HAS NOT GIVEN ANOTHER QUALIFYING CONTRIBUTION TO THAT CANDIDATE DURING THAT ELECTION CYCLE;

2. MADE BY A PERSON WHO IS NOT GIVEN ANYTHING OF VALUE IN EXCHANGE FOR THE QUALIFYING CONTRIBUTION;

3. IN THE SUM OF FIVE DOLLARS, EXACTLY;

4. RECEIVED UNSOLICITED DURING THE QUALIFYING PERIOD OR SOLICITED DURING THE QUALIFYING PERIOD BY A PERSON WHO IS NOT EMPLOYED OR RETAINED BY THE CANDIDATE AND WHO IS NOT COMPENSATED TO COLLECT CONTRIBUTIONS BY THE CANDIDATE OR ON BEHALF OF THE CANDIDATE;

5. IF MADE BY CHECK OR MONEY ORDER, MADE PAYABLE TO THE CANDIDATES CAMPAIGN COMMITTEE, OR IF IN CASH, DEPOSITED IN THE CANDIDATES CAMPAIGN COMMITTEES ACCOUNT; AND

6. ACCOMPANIED BY A THREE-PART REPORTING SLIP THAT INCLUDES THE PRINTED NAME, REGISTRATION ADDRESS, AND SIGNATURE OF THE CONTRIBUTOR, THE NAME OF THE CANDIDATE FOR WHOM THE CONTRIBUTION IS MADE, THE DATE, AND THE PRINTED NAME AND SIGNATURE OF THE SOLICITOR.

C. A COPY OF THE REPORTING SLIP SHALL BE GIVEN AS A RECEIPT TO THE CONTRIBUTOR, AND ANOTHER COPY SHALL BE RETAINED BY THE CANDIDATES CAMPAIGN COMMITTEE. DELIVERY OF AN ORIGINAL REPORTING SLIP TO THE SECRETARY OF STATE SHALL EXCUSE THE CANDIDATE FROM DISCLOSURE OF THESE CONTRIBUTIONS ON CAMPAIGN FINANCE REPORTS FILED UNDER ARTICLE 1 OF THIS CHAPTER.

16-947. CERTIFICATION AS A PARTICIPATING CANDIDATE.

A. A CANDIDATE WHO WISHES TO BE CERTIFIED AS A PARTICIPATING CANDIDATE SHALL, BEFORE THE END OF THE QUALIFYING PERIOD, FILE AN APPLICATION WITH THE SECRETARY OF STATE, IN A FORM SPECIFIED BY THE CITIZENS CLEAN ELECTIONS COMMISSION.

B. THE APPLICATION SHALL IDENTIFY THE CANDIDATE, THE OFFICE THAT THE CANDIDATE PLANS TO SEEK, AND THE CANDIDATES PARTY, IF ANY, AND SHALL CONTAIN THE CANDIDATES SIGNATURE, UNDER OATH, CERTIFYING THAT:

1. THE CANDIDATE HAS COMPLIED WITH THE RESTRICTIONS OF SECTION 16-941, SUBSECTION A DURING THE ELECTION CYCLE TO DATE.

2. THE CANDIDATES CAMPAIGN COMMITTEE AND EXPLORATORY COMMITTEE HAVE FILED ALL CAMPAIGN FINANCE REPORTS REQUIRED UNDER ARTICLE 1 OF THIS CHAPTER DURING THE ELECTION CYCLE TO DATE AND THAT THEY ARE COMPLETE AND ACCURATE.

3. THE CANDIDATE WILL COMPLY WITH THE REQUIREMENTS OF SECTION 16-941, SUBSECTION A DURING THE REMAINDER OF THE ELECTION CYCLE AND, SPECIFICALLY, WILL NOT ACCEPT PRIVATE CONTRIBUTIONS.

C. THE COMMISSION SHALL ACT ON THE APPLICATION WITHIN ONE WEEK. UNLESS, WITHIN THAT TIME, THE COMMISSION DENIES AN APPLICATION AND PROVIDES WRITTEN REASONS THAT ALL OR PART OF A CERTIFICATION IN SUBSECTION B OF THIS SECTION IS INCOMPLETE OR UNTRUE, THE CANDIDATE SHALL BE CERTIFIED AS A PARTICIPATING CANDIDATE. IF THE COMMISSION DENIES AN APPLICATION FOR FAILURE TO FILE ALL COMPLETE AND ACCURATE CAMPAIGN FINANCE REPORTS OR FAILURE TO MAKE THE CERTIFICATION IN SUBSECTION B, PARAGRAPH 3 OF THIS SECTION, THE CANDIDATE MAY REAPPLY WITHIN TWO WEEKS OF THE COMMISSIONS DECISION BY FILING COMPLETE AND ACCURATE CAMPAIGN FINANCE REPORTS AND ANOTHER SWORN CERTIFICATION.

16-948. CONTROLS ON PARTICIPATING CANDIDATES CAMPAIGN ACCOUNTS.

A. A PARTICIPATING CANDIDATE SHALL CONDUCT ALL FINANCIAL ACTIVITY THROUGH A SINGLE CAMPAIGN ACCOUNT OF THE CANDIDATES CAMPAIGN COMMITTEE. A PARTICIPATING CANDIDATE SHALL NOT MAKE ANY DEPOSITS INTO THE CAMPAIGN ACCOUNT OTHER THAN THOSE PERMITTED UNDER SECTIONS 16-945 OR 16-946.

B. A CANDIDATE MAY DESIGNATE OTHER PERSONS WITH AUTHORITY TO WITHDRAW FUNDS FROM THE CANDIDATES CAMPAIGN ACCOUNT. THE CANDIDATE AND ANY PERSON SO DESIGNATED SHALL SIGN A JOINT STATEMENT UNDER OATH PROMISING TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE.

C. THE CANDIDATE OR A PERSON AUTHORIZED UNDER SUBSECTION B OF THIS SECTION SHALL PAY MONIES FROM A PARTICIPATING CANDIDATES CAMPAIGN ACCOUNT DIRECTLY TO THE PERSON PROVIDING GOODS OR SERVICES TO THE CAMPAIGN AND SHALL IDENTIFY, ON A REPORT FILED PURSUANT TO ARTICLE 1 OF THIS CHAPTER, THE FULL NAME AND STREET ADDRESS OF THE PERSON AND THE NATURE OF THE GOODS AND SERVICES AND COMPENSATION FOR WHICH PAYMENT HAS BEEN MADE. NOTWITHSTANDING THE PREVIOUS SENTENCE, A CAMPAIGN COMMITTEE MAY ESTABLISH ONE OR MORE PETTY CASH ACCOUNTS, WHICH IN AGGREGATE SHALL NOT EXCEED ONE THOUSAND DOLLARS AT ANY TIME. NO SINGLE EXPENDITURE SHALL BE MADE FROM A PETTY CASH ACCOUNT EXCEEDING ONE HUNDRED DOLLARS.

D. MONIES IN A PARTICIPATING CANDIDATES CAMPAIGN ACCOUNT SHALL NOT BE USED TO PAY FINES OR CIVIL PENALTIES, FOR COSTS OR LEGAL FEES RELATED TO REPRESENTATION BEFORE THE COMMISSION, OR FOR DEFENSE OF ANY ENFORCEMENT ACTION UNDER THIS CHAPTER. NOTHING IN THIS SUBSECTION SHALL PREVENT A PARTICIPATING CANDIDATE FROM HAVING A LEGAL DEFENSE FUND.

16-949. CAPS ON SPENDING FROM CITIZENS CLEAN ELECTIONS FUND.

A. THE COMMISSION SHALL NOT SPEND, ON ALL COSTS INCURRED UNDER THIS ARTICLE DURING A PARTICULAR CALENDAR YEAR, MORE THAN FIVE DOLLARS TIMES THE NUMBER OF ARIZONA RESIDENT PERSONAL INCOME TAX RETURNS FILED DURING THE PREVIOUS CALENDAR YEAR. TAX REDUCTIONS AND TAX CREDITS AWARDED TO TAXPAYERS PURSUANT TO SECTION 16-954, SUBSECTIONS A AND B SHALL NOT BE CONSIDERED COSTS INCURRED UNDER THIS ARTICLE FOR PURPOSES OF THIS SECTION. THE COMMISSION MAY EXCEED THIS LIMIT DURING A CALENDAR YEAR, PROVIDED THAT IT IS OFFSET BY AN EQUAL REDUCTION OF THE LIMIT DURING ANOTHER CALENDAR YEAR DURING THE SAME FOUR-YEAR PERIOD BEGINNING JANUARY 1 IMMEDIATELY AFTER A GUBERNATORIAL ELECTION.

B. THE COMMISSION MAY USE UP TO TEN PERCENT OF THE AMOUNT SPECIFIED IN SUBSECTION A OF THIS SECTION FOR REASONABLE AND NECESSARY EXPENSES OF ADMINISTRATION AND ENFORCEMENT, INCLUDING THE ACTIVITIES SPECIFIED IN SECTION 16-956, SUBSECTIONS B, C, AND D. ANY PORTION OF THE TEN PERCENT NOT USED FOR THIS PURPOSE SHALL REMAIN IN THE FUND.

C. THE COMMISSION SHALL APPLY TEN PERCENT OF THE AMOUNT SPECIFIED IN SUBSECTION A OF THIS SECTION FOR REASONABLE AND NECESSARY EXPENSES ASSOCIATED WITH VOTER EDUCATION, INCLUDING THE ACTIVITIES SPECIFIED IN SECTION 16-956, SUBSECTION A.

D. THE STATE TREASURER SHALL ADMINISTER A CITIZENS CLEAN ELECTION FUND FROM WHICH COSTS INCURRED UNDER THIS ARTICLE SHALL BE PAID. THE AUDITOR GENERAL SHALL REVIEW THE MONIES IN, PAYMENTS INTO, AND EXPENDITURES FROM THE FUND NO LESS OFTEN THAN EVERY FOUR YEARS.

16-950. QUALIFICATION FOR CLEAN CAMPAIGN FUNDING.

A. A CANDIDATE WHO HAS MADE AN APPLICATION FOR CERTIFICATION MAY ALSO APPLY, IN ACCORDANCE WITH SUBSECTION B OF THIS SECTION, TO RECEIVE FUNDS FROM THE CITIZENS CLEAN ELECTIONS FUND, INSTEAD OF RECEIVING PRIVATE CONTRIBUTIONS.

B. TO RECEIVE ANY CLEAN CAMPAIGN FUNDING, THE CANDIDATE MUST PRESENT TO THE SECRETARY OF STATE NO LATER THAN ONE WEEK AFTER THE END OF THE QUALIFYING PERIOD A LIST OF NAMES OF PERSONS WHO HAVE MADE QUALIFYING CONTRIBUTIONS PURSUANT TO SECTION 16-946 ON BEHALF OF THE CANDIDATE. THE LIST SHALL BE DIVIDED BY COUNTY. AT THE SAME TIME, THE CANDIDATE MUST TENDER TO THE SECRETARY OF STATE THE ORIGINAL REPORTING SLIPS IDENTIFIED IN SECTION 16-946, SUBSECTION C FOR PERSONS ON THE LIST AND AN AMOUNT EQUAL TO THE SUM OF THE QUALIFYING CONTRIBUTIONS COLLECTED. THE SECRETARY OF STATE SHALL DEPOSIT THE AMOUNT INTO THE FUND.

C. THE SECRETARY OF STATE SHALL SELECT AT RANDOM A SAMPLE OF FIVE PERCENT OF THE NUMBER OF NON-DUPLICATIVE NAMES ON THE LIST AND FORWARD FACSIMILES OF THE SELECTED REPORTING SLIPS TO THE COUNTY RECORDER FOR THE COUNTIES OF THE ADDRESSES SPECIFIED IN THE SELECTED SLIPS. WITHIN TEN DAYS, THE COUNTY RECORDERS SHALL PROVIDE A REPORT TO THE SECRETARY OF STATE IDENTIFYING AS DISQUALIFIED ANY SLIPS THAT ARE UNSIGNED OR UNDATED OR THAT THE RECORDER IS UNABLE TO VERIFY AS MATCHING A PERSON WHO IS REGISTERED TO VOTE, ON THE DATE SPECIFIED ON THE SLIP, INSIDE THE ELECTORAL DISTRICT OF THE OFFICE THE CANDIDATE IS SEEKING. THE SECRETARY OF STATE SHALL MULTIPLY THE NUMBER OF SLIPS NOT DISQUALIFIED BY TWENTY, AND IF THE RESULT IS GREATER THAN ONE HUNDRED AND TEN PERCENT OF THE QUANTITY REQUIRED, SHALL APPROVE THE CANDIDATE FOR FUNDS, AND IF THE RESULT IS LESS THAN NINETY PERCENT OF THE QUANTITY REQUIRED, SHALL DENY THE APPLICATION FOR FUNDS. OTHERWISE, THE SECRETARY OF STATE SHALL FORWARD FACSIMILES OF ALL OF THE SLIPS TO THE COUNTY RECORDERS FOR VERIFICATION, AND THE COUNTY RECORDERS SHALL CHECK ALL SLIPS IN ACCORDANCE WITH THE PROCESS ABOVE.

D. TO QUALIFY FOR CLEAN CAMPAIGN FUNDING, A CANDIDATE MUST HAVE BEEN APPROVED AS A PARTICIPATING CANDIDATE PURSUANT TO SECTION 16-947 AND HAVE OBTAINED THE FOLLOWING NUMBER OF QUALIFYING CONTRIBUTIONS:

1. FOR A CANDIDATE FOR LEGISLATURE, TWO HUNDRED.

2.