 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Arizona |
|
USA Statutes : arizona
Title : Elections and Electors
Chapter : POLITICAL PARTIES
|
|
16-801 Representation of new party on ballot at primary and general elections
A new political party may become eligible for recognition and shall be represented
by an official party ballot at the next ensuing regular primary election and accorded a
column on the official ballot at the succeeding general election upon filing with the
secretary of state a petition signed by a number of qualified electors equal to not less
than one and one-third per cent of the total votes cast for governor or presidential
electors at the last preceding general election. The petition shall:
1. Bear the certification of the county recorder of each county that the signatures
on the petition have been examined and that these are signatures of qualified electors of
the county.
2. Be verified by the affidavit of ten qualified electors of the state, asking that
the signers thereof be recognized as a new political party. The status as qualified
electors of the signers of the affidavit shall be certified by the county recorder of the
county in which they reside.
3. Be in substantially the form prescribed by section 16-315.
4. Be captioned "Petition for political party recognition".
16-802 Representation of new party on ballot for county or municipal election
A new political party shall become eligible for recognition, shall be represented by
an official party ballot at the next ensuing primary election of a county, city or town
and shall be placed on the official ballot at the succeeding regular election upon filing
with the officer in charge of elections of the county or the city or town clerk, as the
case may be, a petition signed by a number of qualified electors equal to not less than
two per cent of the votes cast for county attorney in the case of a county petition or
for mayor in the case of a city or town petition. The petition shall bear the
certification of the county recorder or the city or town clerk, as the case may be, that
he has examined the signatures on the petition, that it contains the signatures of a
number of qualified electors equal to not less than two per cent of the votes cast for
county attorney or mayor at the last preceding election, and that it contains the
signatures of qualified electors in not less than one-fourth of the election precincts of
the county, city or town.
16-803 Filing petition for recognition; submission of petitions to county recorder for signature verification
A. A petition for recognition of a new political party shall be filed with the
secretary of state, the officer in charge of elections of the county or the city or town
clerk, as the case may be, not less than one hundred forty days before the primary
election for which the party seeks recognition. A new party that seeks both state and
county recognition may file the original petition with the officer in charge of elections
for the county and a certified copy of the petition with the secretary of state.
B. A petition for recognition shall not be submitted for signature verification to
a county recorder or a city or town clerk, as the case may be, later than one hundred
eighty days before the primary election.
C. The county recorder shall verify and count all signatures of qualified electors
within thirty days after submission. 16-804 Continued representation on basis of votes cast at last preceding general election or registered electors
A. A political organization that at the last preceding general election cast for
governor or presidential electors or for county attorney or for mayor, whichever applies,
not less than five per cent of the total votes cast for governor or presidential
electors, in the state or in such county, city or town, is entitled to representation as
a political party on the official ballot for state officers or for officers of such
county or local subdivision.
B. In lieu of subsection A, a political organization is entitled to continued
representation as a political party on the official ballot for state, county, city or
town officers if, on November 1 of the year immediately preceding the year in which the
general election for state or county officers and for city or town officers one hundred
fifty-five days immediately preceding the primary election in such jurisdiction, such
party has registered electors in the party equal to at least two-thirds of one per cent
of the total registered electors in such jurisdiction.
C. The secretary of state shall determine the political parties qualified for
continued representation on the state ballot pursuant to this section by February 1 of
the appropriate year. Each county recorder shall furnish to the secretary of state such
information as the secretary of state may require no later than January 15 of such year.
D. Each county recorder shall determine the political parties qualified for the
county ballot pursuant to this section by February 1 of the appropriate year.
E. Each city or town clerk of a city or town providing for partisan elections shall
determine the political parties qualified for such city or town ballot pursuant to this
section one hundred forty days before the primary election. 16-805 Findings of fact and statement of public policy by the legislature of the state of ARIZONA concerning steps which must be taken to protect the fundamental rights of the citizens of this state and the safety of this state from international Communistic conspiracy
A. Upon evidence and proof which has been presented before this legislature, other
state legislatures, the Congress of the United States and in the courts of the United
States and in the courts of the several states; and although recognizing that the federal
constitution vests the conduct of foreign relations in the federal government and the
federal constitution guarantees to the several states a republican form of government and
protection against foreign invasion and domestic violence, this state has the duty of
self-preservation and the taking of necessary measures to cooperate with the federal
government in the preservation of the peace and safety of the state of ARIZONA and in
order to carry out article II, section 21 of the ARIZONA Constitution relating to free
and equal elections and article VII, section 12 of the ARIZONA Constitution relating to
the enactment of laws to secure the purity of elections; and in order to guard against
the abuse of the elective franchise by the Communist Party of the United States which
from time to time has qualified as a purported legitimate political party in the state of
ARIZONA; and in order to secure to the citizens of this state their unalienable personal
rights and liberty of conscience secured by the provisions of the Constitution of ARIZONA
and in order to protect the peace and safety of the state of ARIZONA from the overthrow
of its constitutional government by force or violence, and of its political subdivisions,
the legislature of the state of ARIZONA finds and declares that, unlike other political
parties which have evolved their policy and programs through public means, by the
reconciliation of a wide variety of individual views, and submit those policies and
programs to the electorate at large for approval or disapproval, the policies and
programs of the Communist Party are prescribed for it by the foreign leaders of the world
Communist movement.
B. The Communist Party members have no part in determining its goals and are not
permitted to voice dissent to party objectives. Unlike members of political parties,
members of the Communist Party are recruited for indoctrination with respect to its
objectives and methods, and are organized, instructed and disciplined to carry into
action slavishly the assignments given them by their hierarchical chieftains. Unlike
legitimate political parties, the Communist Party acknowledges no constitutional or
statutory limitations upon its conduct or upon that of its members. The Communist Party
is relatively small numerically and gives scant indication of capacity ever to attain its
ends by lawful political means. The peril inherent in its operation arises not from its
numbers, but from its failure to acknowledge any limitation as to the nature of its
activities, and its dedication to the proposition that the present constitutional
government of the United States, the governments of the several states, and the
government of the state of ARIZONA and its political subdivisions ultimately must be
brought to ruin by any available means, including resort to force and violence.
C. The establishment of a totalitarian dictatorship in any country results in the
suppression of all opposition to the party in power, the subordination of the rights of
individuals to the state, the denial of fundamental rights and liberties which are
characteristic of a representative form of government, such as freedom of speech, of the
press, of assembly, and of religious worship, and said totalitarian dictatorship
ruthlessly suppresses academic freedom and inquiry into any human knowledge except the
official doctrines of the dictatorship. This results in the maintenance of control over
the people through fear, terrorism and brutality.
D. It is the public policy of this state to protect the safety of the
constitutional government of the state of ARIZONA by constitutional means and at the same
time protect the rights of the members of our free society to speak, to assemble and to
inquire, including the principle of academic freedom which by fostering healthy
self-criticism is especially vital in the progress of man's moral values and in man's
exploration of the secrets of the atom on this planet and in outer space. To protect the
safety of this state and the right of free citizens in a free society to inquire and to
understand totalitarianism, it is essential that the schools, colleges and universities
teach objectively and critically the governmental and social forms of past and present
totalitarian slave states, including the foreign languages spoken therein. The rights set
forth in this subsection do not include the right to embrace Communism or to attempt to
persuade others to embrace Communism.
E. The direction and control of the world Communist movement is vested in and
exercised by the Communist dictatorship of a foreign country.
F. The Communist dictatorship of such foreign country, in exercising such direction
and control and in furthering the purposes of the world Communist movement, establishes
or causes the establishment of, and utilizes, in various countries, action organizations
which are not free and independent organizations, but are sections of a worldwide
Communist organization and are controlled, directed and subject to the discipline of the
Communist dictatorship of such foreign country.
G. The Communist action organizations so established and utilized in various
countries, acting under such control, direction and discipline, endeavor to carry out the
objectives of the world Communist movement by bringing about the overthrow of existing
governments by any available means, including force or violence if necessary, and setting
up Communist totalitarian dictatorships which will be subservient to the most powerful
existing Communist totalitarian dictatorship. Although such organizations usually
designate themselves as political parties, they are in fact constituent elements of the
worldwide Communist movement and promote the objectives of such movement by
conspiratorial and coercive tactics, instead of through the democratic processes of a
free elective system or through the freedom-preserving means employed by a legitimate
political party which operates as an agency by which people govern themselves.
H. In the United States and in this state those individuals who knowingly and
wilfully participate in the world Communist movement, when they so participate, in effect
repudiate their allegiance to the United States and this state, and in effect transfer
their allegiance to the foreign country in which is vested the direction and control of
the world Communist movement.
I. The Communist movement in the several states is an organization numbering
thousands of adherents, rigidly and ruthlessly disciplined. Awaiting and seeking to
advance at a moment when the several states may be so far extended by foreign
engagements, so far divided in counsel, or so far in industrial or financial straits,
that overthrow of the government of the United States and of the several states by force
or violence may seem possible of achievement, it seeks converts far and wide by an
extensive system of schooling and indoctrination. Such preparations by Communist
organizations in other countries, including the recent events in the neighboring country
of Cuba, have aided in supplanting existing governments. The Communist organization in
the United States and in the several states, pursuing its stated objectives, the recent
successes of Communist methods in other countries and the nature and control of the world
Communist movement itself, present a clear and present danger to the security of the
government of the United States, the governments of the several states and the government
of the state of ARIZONA, including its political subdivisions, that make it necessary
that the state of ARIZONA enact appropriate legislation, recognizing the existence of
such worldwide Communist conspiracy, and designed to prevent it from accomplishing its
purposes in this state and its political subdivisions. Therefore, the Communist Party
should not be permitted to avail itself of the privileges, rights and immunities
conferred by law upon legitimate political parties.
16-806 Proscription of Communist Party of United States, its successors, and subsidiary organizations
The Communist Party of the United States, or any successors of such party regardless
of the assumed name, the object of which is to overthrow by force or violence the
government of the United States, or the government of the state of ARIZONA, or its
political subdivisions shall not be entitled to be recognized or certified as a political
party under the laws of the state of ARIZONA and shall not be entitled to any of the
privileges, rights or immunities attendant upon legal political bodies recognized under
the laws of the state of ARIZONA, or any political subdivision thereof; whatever rights,
privileges or immunities shall have heretofore been granted to said Communist Party of
the United States as defined in this section, or to any of its subsidiary organizations,
by reason of the laws of the state of ARIZONA, or of any political subdivision thereof,
are hereby terminated and shall be void.
16-807 Political parties trust fund
A. A political parties trust fund is established with the state treasurer as
trustee and administrator. Monies in the fund consist of contributions from individuals
pursuant to section 43-612 plus interest accruing to the fund.
B. Except as provided in subsections C and D of this section, on March 31, June 30,
September 30 and December 31 each year the state treasurer shall distribute the monies in
the fund to the state committees of political parties according to the party designated
on the contribution pursuant to section 43-612.
C. Before December 31 each year the department of revenue shall determine its costs
in administering the political party income tax refund checkoff under section 43-612 and
this section and notify the state treasurer of that amount. The state treasurer shall
deduct, for deposit in the state general fund, this amount from monies otherwise
distributable to political parties as follows:
1. Costs specifically attributable to initially listing a political party on the
return form shall be deducted from the amount otherwise distributable to that political
party.
2. All remaining administrative costs shall be divided and deducted equally from
the amounts distributable to all political parties.
D. If an amount deducted under subsection C of this section for administrative
costs exceeds the amount distributable to a political party, the excess deduction shall
be carried forward as a liability of that party until paid. If the political party no
longer qualifies to be listed on the income tax return form, any amount remaining unpaid
under this subsection shall be included in the administrative costs deducted under
subsection C, paragraph 2 of this section in the first year the party is not listed.
E. Monies contributed or accruing to the fund are not state revenues for purposes
of any constitutional limitation or prohibition and are not subject to lapsing under
section 35-190.
16-821 County committee; vacancy in office of precinct committeeman
A. At the primary election the members of a political party entitled to
representation pursuant to section 16-804 residing in each precinct shall choose one of
their number as a county precinct committeeman, and the members shall choose one
additional precinct committeeman for each one hundred twenty-five voters or major
fraction thereof registered in the party in the precinct as reported pursuant to section
16-168, subsection G on March 1 of the year in which the general election is held. The
whole number of precinct committeemen of a political party shall constitute the county
committee of the party.
B. The board of supervisors upon the recommendation of the county chairman, or the
recommendation of a committee designated in the bylaws of the county committee for that
purpose, shall determine when a vacancy exists in the office of precinct
committeeman. If a vacancy exists, the vacancy shall be filled by the board of
supervisors from a list of names submitted by the county chairman of the appropriate
political party. Only a precinct committeeman elected at the primary election prior to
the date of a state or county committee organizing meeting shall be permitted to vote at
such meeting. The criteria used to establish when a vacancy exists in the office of
precinct committeeman shall be as established in section 38-291.
16-822 Precinct committeemen; eligibility; vacancy; duties
A. Any member of a recognized political party who is a registered voter in the
precinct is eligible to seek the office of precinct committeeman of his party in that
precinct.
B. If the number of persons who file nominating petitions for an election to fill
precinct committeeman positions is less than or equal to the number of precinct
committeeman positions, the county board of supervisors may cancel the election for those
positions not sooner than seventy-five days before the election and appoint the person
who filed the nominating petition to fill the position. If no person has filed a
nominating petition to fill a position, the position is deemed vacant and shall be filled
as otherwise provided by law. A precinct committeeman who is appointed pursuant to this
subsection after filing a nominating petition shall be deemed and elected precinct
committeeman.
C. If the number of persons who file nominating petitions for an election to fill
precinct committeeman positions is more than the number of precinct committeeman
positions for a recognized political party in a precinct, a separate ballot shall be
prepared for the election of precinct committeemen for the political party in that
precinct. The ballot shall conform as nearly as practicable to ballot requirements in
this title, and to the official ballot prepared for that party in the primary election,
but shall be designated as the "official ballot for electing precinct committeemen of the
__________ party, primary election (date), __________ precinct, __________ county, state
of ARIZONA." Only persons who are registered as members of that political party in that
precinct may vote that precinct committeeman ballot. The election board or official shall
provide the partisan precinct committeeman ballot to voters who are registered with that
party in addition to the official ballot prepared for that party in the primary election.
D. In addition to other provisions of law regarding removal from office, a vacancy
shall exist in the office of precinct committeeman when the precinct committeeman moves
from the precinct from which elected or changes his political party from the party in
which he was elected.
E. The minimum duties of a precinct committeeman shall be to assist his political
party in voter registration and to assist the voters of his political party to vote on
election days. Additional duties shall be as provided for in the state committee bylaws
of the party of which he is a member.
16-823 Legislative district committee; organization; boundary change; reorganization
A. A political party entitled, pursuant to section 16-801 or 16-804, to
representation on the ballot may establish a district party committee for any legislative
district as prescribed by law.
B. A district party committee established pursuant to subsection A of this section
shall consist of the precinct committeemen residing in the district and elected pursuant
to section 16-821.
C. Each district party committee established pursuant to subsection A of this
section shall meet no earlier than the second Saturday after the general election
provided for in section 16-211 and no later than the first Saturday in the following
December and organize by electing from its membership a chairman, two vice-chairmen, a
secretary and a treasurer. The latter two offices may be filled by the same person. The
chairman of the district committee is ex officio a member of the county committee of the
county in which a plurality of the district's registered voters resides.
D. Each district party committee established pursuant to subsection A of this
section shall meet after the effective date of reapportionment legislation that realigns
or changes legislative district boundaries and organize according to the new boundaries,
electing from its membership a chairman, two vice-chairmen, a secretary and a
treasurer. The latter two offices may be filled by the same person. The chairman of the
district committee is ex officio a member of the county committee of the county in which
a plurality of the district's registered voters resides. The effective date for
reapportionment legislation as provided in this subsection shall be as provided in
article IV, part 1, section 1, Constitution of ARIZONA.
E. In the event the reapportionment legislation is challenged in court or by the
United States justice department, the district organizations in effect before the passage
of the reapportionment legislation shall continue to function along with the new district
organizations created in accordance with subsection D of this section until the final
settlement or adjudication of any legal challenge to the reapportionment
legislation. Upon the final settlement or adjudication of any legal challenge to the
reapportionment legislation the district organizations in effect before the enactment of
the reapportionment legislation are considered dissolved.
F. If the boundaries of any district are changed as a result of legal action, each
district party committee in that district shall meet as soon as possible and organize
according to the boundaries that result from the legal action. Upon organization
pursuant to this subsection all prior district organizations are dissolved.
G. For purposes of the election prescribed in subsection D of this section the
district committee shall consist of all precinct committeemen residing in the district
who were serving in such position at least thirty days prior to the enactment of
reapportionment legislation.
16-824 Meeting, organization and officers of county committee
A. The county committee shall meet for the purpose of organizing no earlier than
ten days after the last organizing meeting of the legislative districts which are part of
the county, and in any event no later than the second Saturday in January of the year
following a general election. The county committee shall elect from its membership a
chairman, a first vice-chairman, a second vice-chairman, a secretary and a
treasurer. The latter two offices may be filled by the same person. The chairman of the
county committee shall be ex officio a member of the state committee.
B. The chairman of the county committee shall give notice of the time and place of
such meeting by mail to each precinct committeeman at least ten days prior to the date of
such meeting.
16-825.01 State committee; vacancy; filling of vacancy
A. In counties with populations of less than five hundred thousand persons, a
vacancy shall exist in the state committee when a member moves from the county from which
elected. In counties with populations of five hundred thousand or more persons, a
vacancy shall exist in the state committee when a member moves from the legislative
district from which elected. All members must be a member of their county committee.
B. In the event of a vacancy in the office of state committeeman, in counties with
populations of less than five hundred thousand persons, such vacancy shall be filled by
appointment made by the state chairman with the advice and consent of the county chairman
of the county in which the vacancy occurred. In counties with populations of five
hundred thousand or more persons, such vacancy shall be filled by appointment made by the
state chairman with the advice and consent of the county chairman of the county in which
the vacancy occurred and the district chairman of the district in which the vacancy
occurred, and shall be filled by a person who resides in the same district in which the
vacancy occurred.
16-825 State committee
The state committee of each party shall consist, in addition to the chairman of the
several county committees, of one member of the county committee for every three members
of the county committee elected pursuant to section 16-821. The state committeemen shall
be chosen at the first meeting of the county committee from the committee's elected
membership.
16-826 Meeting, organization and officers of state committee
A. The state committee shall meet in the city where the state capitol is located no
earlier than ten days after the last county meeting of the party and in any event no
later than the fourth Saturday in January following a general election and organize by
electing from its membership a chairman, a secretary and a treasurer.
B. The chairman of the state committee shall cause notice of the time and place of
such meeting to be mailed to each state committeeman at least ten days prior to the date
of such meeting.
16-827 Executive committee of state committee
The executive committee of the state committee shall consist of the elected officers
of the state committee, the national committeeman and committeewoman, the county chairman
and first and second county vice-chairmen from each county, and three members at large
from each congressional district. State committee bylaws may provide for additional
voting or ex officio members of the executive committee of the state committee. The
chairman of the state committee shall be ex officio chairman of the executive committee.
16-828 Proxies
A. A political party may choose, through its bylaws, to allow the use of proxies at
its meetings, in which event the following shall be minimum regulations:
1. No proxy shall be given by a member of the state committee for use at a meeting
of the committee except to a qualified elector of the county where the member resides.
2. No proxy shall be given by a member of the county committee for use at a meeting
of the committee except to a qualified elector of the precinct where the member resides.
B. The duration of any proxy so given shall extend only for the length of the
meeting for which it is given.
C. Every proxy shall be attested by a notary public or two witnesses.
|
|
|
|
