2013 Arizona Revised Statutes
Title 16 - Elections and Electors
§ 16-924 Civil penalties; attorney general; county, city or town attorney

16-924. Civil penalties; attorney general; county, city or town attorney

(Pending referendum)

A. Unless another penalty is specifically prescribed in this title, if the filing officer for campaign finance reports designated pursuant to section 16-916, subsection A has reasonable cause to believe that a person is violating any provision of this title, except for violations of chapter 6, article 2, the secretary of state shall notify the attorney general for a violation regarding a statewide office or the legislature, the county officer in charge of elections shall notify the county attorney for that county for a violation regarding a county office or the city or town clerk shall notify the city or town attorney for a violation regarding a city or town office. The attorney general, county attorney or city or town attorney, as appropriate, may serve on the person an order requiring compliance with that provision. The order shall state with reasonable particularity the nature of the violation and shall require compliance within twenty days from the date of issuance of the order. The alleged violator has twenty days from the date of issuance of the order to request a hearing pursuant to title 41, chapter 6.

B. If a person fails to take corrective action within the time specified in the compliance order issued pursuant to subsection A of this section, the attorney general, county attorney or city or town attorney, as appropriate, shall issue an order assessing a civil penalty of not more than one thousand dollars. The person alleged to have violated the compliance order has thirty days from the date of issuance of the order assessing the civil penalty to request a hearing pursuant to title 41, chapter 6.

C. Any party aggrieved by an order or decision of the attorney general, county attorney or city or town attorney, as appropriate, may appeal to the superior court as provided in title 12, chapter 7, article 6.

D. For the purposes of this section, failure to comply with a compliance order issued by the attorney general, county attorney or city or town attorney, as appropriate, as prescribed in subsection A of this section is deemed an intentional act.

E. Notwithstanding subsection A of this section:

1. If the secretary of state has made a reasonable cause finding pursuant to this section regarding a violation by the attorney general, the secretary of state shall notify the county attorney of the county in which the violation occurred, and the county attorney may serve on the attorney general an order requiring compliance with that provision as prescribed by this section.

2. If a county elections officer has made a reasonable cause finding pursuant to this section regarding a violation by the county attorney of that county, the county elections officer shall notify the attorney general and the attorney general may serve on the county attorney an order requiring compliance with that provision as prescribed by this section.

3. If a city or town clerk has made a reasonable cause finding pursuant to this section regarding a violation by the city or town attorney, the city or town clerk shall notify the county attorney of the county in which the violation occurred, and the county attorney may serve on the city or town attorney an order requiring compliance with that provision as prescribed by this section.