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JUL 14 2016

AndrewS. Gordon (003660)

Roopali H. Desai (024295)
D. Andrew Gaona (028414)

3 MICHAEL K. JEANES, CLERI(

C. GOBBLE

.DEPU1Y CLERK

COPPERSMITH BROCKELMAN PLC

2800 North Central Avenue, Suite 1200

Phoenix, Arizona 85004
T: (602) 381-5478
F: (602) 224-6020
agordon@cblawyers.com
rdesai@cblawyers.com
agaona@cblawyers.com

Attorneys for Plaintiffs

ARIZONA SUPERIOR COURT

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MARICOPA COUNTY

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JOHN RAGAN, a qualified elector; ARIZONA )

CHAMBER OF COMMERCE & INDUSTRY, a)
non-profit Arizona corporation,
)
)
Plaintiffs,
)
)
v.
)
MICHELE REAGAN, in her official capacity
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as Arizona Secretary of State; HOSPITAL
)
ACCOUNTABILITY AND QUALITY CARE,
)
SPONSORED BY SEIU, UNITED
)
HEALTHCARE WORKERS WEST, a
)
purported Arizona political cmmnittee,
)
Defendants.
)

No.

CV 2 Q: 'li 6- (J () 9 / Q3

VERIFIED COMPLAINT
Expedited Challenge Pursuant to
A.R.S. 19-118(D)

_____________________________)

Pursuant to A.R.S. 19-118, 19-121.01, 19-122, 12-1831, and Rule 1, Ariz. R. P.

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Spec. A., Plaintiffs John Ragan and the Arizona Chamber of Commerce & Industry file this

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action challenging petitions filed by Defendant Hospital Accountability and Quality Care,

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Sponsored by SEIU- United Healthcare Workers West on July 7, 2016 with Arizona Secretary

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of State Michele Reagan. Plaintiffs seek an injunction, a declaratory judgment, and/or special

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action relief (i) disqualifying all petition sheets and (ii) enjoining the Secretary of State from

{00238071.3 }

counting the petition sheets in calculating the number of eligible signatures for verification,

and allege as follows:

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PARTIES, JURISDICTION, AND VENUE

1.

Plaintiff John Ragan is a qualified Arizona elector, and is the Chief Operating

Officer of the Arizona Chamber of Commerce & Industry.

2.

Plaintiff Arizona Chamber of Commerce & Industry is a non-profit Arizona

corporation committed to advancing Arizona's competitive position in the global economy by

advocating free-market policies that stimulate economic growth and prosperity for all

Arizonans.

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3.

Defendant Michele Reagan is the Secretary of State (the "SOS"), and is named in

this action in her official capacity.

4.

Defendant Hospital Accountability and Quality Care, Sponsored by SEIU-

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United Healthcare Workers West (the "Purported Committee") attempted to fonn as an

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Arizona political committee and make expenditures in support of the Hospital Executive

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Compensation Act, No. I-21-2016 (the "Hospital Executive Pay Initiative").

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5.

This Court has jurisdiction over this matter pursuant to A.R. S. 19-118, 19-

121.01, 12-1831 and Rule 1, Ariz. R. P. Spec. A.

6.

Venue is proper in this Court.

GENERAL ALLEGATIONS

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7.

On Feb1uary 12, 2016, the Purported Committee submitted an Application for

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Initiative or Referendum Petition Serial Number to circulate petitions in support of the

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Hospital Executive Pay Initiative and a statement of organization. ("Application," attached

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hereto as Exhibit A.)

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8.

On that same date, the Purpmied Committee submitted a Statement of

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Organization listing its name as "Hospital Accountability and Quality Care, Sponsored by

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SEIU - United Healthcare Workers West," and did not include any indication of the proposed

{00238071.3 }

ballot initiative which it attempted to support or oppose, or the serial number of that proposed

ballot initiative. ("Statement of Organization," attached hereto as Exhibit B.)

9.

On February 29, 2016, the Purpmied Committee submitted an Amended

Statement of Organization, but did not amend the committee name to include the official serial

number for the petition or a statement as to whether the political committee supports or

opposes the passage of the ballot measure. ("Amended Statement of Organization," attached

hereto as Exhibit C.) At no time thereafter did the Purpmied Committee file any additional

amendments to its Statement of Organization, nor did it amend its name to include the official

serial number for the petition or a statement as to whether the political committee supports or

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opposes the passage of the ballot measure.

10.

Even though the Purported Committee failed to properly register as a political

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committee by including in its name the official serial number for the petition or a statement as

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to whether it suppmis or opposes the passage of the ballot measure, as required under Arizona

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law, the Purported Committee began circulating petitions for the Hospital Executive Pay

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Initiative on or around
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To qualify the Hospital Executive Pay Initiative for the November 2016 general

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election ballot, the Purported Conunittee was required to submit 150,642 valid petition

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signatures to the SOS on or before July 7, 2016.

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12.

On July 7, 2016, the Purported Conmlittee submitted approximately 28,782

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petition sheets (the "Submitted Petition Sheets") purporting to contain 281,087 valid signatures

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to the SOS.

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13.

All of the petitions filed by the Purported Conunittee are invalid because they

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were circulated prior to the proper registration and fonnation of a political cmm1littee as

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required by Arizona law.

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14.

Pursuant to A.R.S. 19-lll(A), upon filing an application for issuance of an

official serial number for a proposed initiative, "the person or organization shall file with the

{00238071.3)

secretary of state its statement of organization or its signed exemption statement as prescribed

by section 16-902.01. The secretary of state shall not accept an application for initiative or

referendum without an accompanying statement of organization or signed exemption statement

as prescribed by this subsection."

15.

A.R.S. 16-902.01(0) requires as follows: "For a political committee that

makes expenditures in an attempt to influence the results of a ballot proposition election, the

statement of organization shall include in the name of the political committee the official

serial number for the petition, if assigned, and a statement as to whether the political

committee supports or opposes the passage of the ballot measure." (Emphasis added.)

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16.

A.R.S. 16-902.0l(E) expressly states that, "[t]he political committee shall file

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an amended statement of organization reporting any change in the infonnation prescribed in

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subsections C and G of this section within five business days after the change." (Emphasis

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added.)

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17.

Indeed, the SOS issued an official Initiative, Referendum and Recall Handbook,

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which highlights this important requirement: "Update the name of the committee in the

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campaign finance system to include the Serial Number assigned to the initiative or

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referendum." See Arizona SOS Initiative, Referendum and Recall Handbook, available at

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http://www.azsos.gov/sites/azsos.gov/files/initiative_referendum_and_recall_2013 .pdf (20 13

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Ed.) at p. 7.

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18.

Further, A.R.S. 19-114(B) makes clear that, "[s]ignatures obtained on initiative

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and referendum petitions by a political committee proposing the initiative or referendum or any

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of its officers, agents, employees or members prior to the filing of the committee's statement of

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organization or prior to the filing of the five hundred dollar threshold exemption statement

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pursuant to section 16-902.01 are void and shall not be counted in detennining the legal

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sufficiency of the petition."

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{00238071.3 }

19.

Because the Purported Committee's Statement of Organization does not include

- and has never included- the official serial number for the petition and a statement that the

Purported Cmmnittee suppmis the passage of the ballot measure, the statement of organization

and the Purpmied Committee's registration as a political committee is invalid.

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20.

As a result, the Purported Cmmnittee was prohibited by law from circulating

petitions for the Hospital Executive Pay Initiative.

21.

Petition sheets are required to contain "[f]ifteen lines for signatures which shall

be numbered." A.R.S. 19-lOl(A), 19-102(A).

22.

On infonnation belief, all of the Submitted Petition Sheets are invalid because

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they contain only twelve lines for signatures, and thus fail to substantially comply with the

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mandatory requirements of A.R.S. 19-lOl(A) and 19-102(A).

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23.

In addition, A.R.S. 19-102, which sets forth the requirements for the fonn of

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initiative petitions, expressly requires that, "[ e]ach petition sheet shall have printed on the top

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of each sheet the following: 'It is unlawful to sign this petition before it has a serial number.'"

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A.R.S. 19-102(B) (emphasis added).

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24.

On infonnation belief, all of the Submitted Petition Sheets are invalid because

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they fail to include the disclaimer set forth in statute at the top of each petition. Indeed, the

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Submitted Petition Sheets are completely void of any similarly worded disclaimer or any

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disclaimer anywhere on the petitions. Thus, the Submitted Petition Sheets fail to substantially

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comply with the mandatory requirements of A.R.S. 19-102.

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25.

To gather signatures in support of the Hospital Executive Pay Initiative, the

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Purported Committee utilized the services of petition circulators who were (i) paid for their

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services and/or (ii) do not reside in Arizona.

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26.

A.R.S. 19-118(A) requires "[a]ll circulators who are not residents of this state

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and, for statewide ballot measures only, all paid circulators" to register as circulators with the

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SOS before circulating petitions.

{00238071.3 }

27.

A.R.S. 16-315(D) states that the SOS "shall establish in the instructions and

procedures manual ... a procedure for registering circulators and receiving service of process."

The SOS set forth the registration requirements and procedures for out-of-state and paid

circulators to properly register with the SOS by issuing and making available to the public the

Petition Circulation Training Guide and the Circulator Registration Form. ("Petition

Circulation Guide," attached hereto as Exhibit D and "Registration Form," attached hereto as

Exhibit E.)

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28.

The registration requirements include, among other things, that the circulator

consent to the jurisdiction of the courts of this state in resolving any disputes concerning the

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circulation of petitions by that circulator, and the designation of an address in this state at

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which the circulator will accept service of process related to disputes concerning circulation of

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that circulator's petitions. See A.R.S. 19-118(B); Petition Circulation Guide at p. 5.

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29.

Upon submission of a Registration Form, the SOS adds each paid and out-of-

state circulator to a spreadsheet or database of paid and out-of-state circulators.

30.

The following circulators apparently each submitted a Registration Form to the

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SOS and are listed on the databases maintained by SOS as a non-resident circulator, paid

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circulator, or both:

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Kareem Abdullah
Scott Abrams
MelAcquaah
Sofia Acuna
Aric Adams
Aril Adams
Theodore Adams
Anthony Aguilera
Steven Ahearn
AymanAhmed
Jasmin Alnnetovic
Jiro Aihara
Bridgette Akram
JohnAkram
{00238071.3 }

Giovanelle Alessandrini
Carmine Alessandro
Laith Alkfoof
Michael Allagreen
David Allen
Scott Allen
Aaron Aller
Summer Alvarado
Angelica Anderson
Eboni Anderson
Gilford Anderson
Harley Anderson
Jonathan Anderson
Ryan Anderson
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Ballard Andrew
Marqcus Angomas
Inocencio Aniceto Jr.
Evan Armstrong
Shelly Arnoud
Hiram Asmuth
Devon Auiles
Derek Aultman
Reola Avant
Devon Aviles
Gloria Avina
Robeli Awodu
Anne Marie Baczacki
O.D. Bailey III

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Alante Baker
Beryl Baker
DeLisa Baker
Jeremy Balch
Andrew Ballard
Camilla Ballard
Julian Ballester
Daniel Barker
Kevonte Barkus
Adam Barrett
Alexandra Barrett
Jana Barroga
Ticcola Barrow
Daniel Bates
Josef Bautista
Jodie Baxa
Brendan Beach
Robert Beck
Elitha Becoat
Erin Belanyer
David Benjamin
Heidei Bem1or
Jonathan B ennudez
Greg BetTy
Benjamin Biagi
Krista Bilsten
Tina Blair
Forrest Blank
Stephanie Bledsoe-Lockett
Shayla Blissil
Marc Blodgett
Zachary Borows
Sheila Bostwick-Kountz
Carol Bmitn
Lynda Bowden
Heather Bowman
Billy Boyd
Destiny Boykins
Ryan Boynton
Ryan Bradford
Eric Bradley
Duwaon Branch
{00238071.3}

Travon Branch
Robert Brant
David Brass
Michael Brenes
Kayla Brierly
Doug Brogan
Megan Bronson
Antwaun Brown
Antwawn Brown
Richard Brown
Shereff Brown
Carl E. Brown Jr.
Melissa Browning
Robert Browning
Lynda Bmden
Angella Buchanan
Christopher Bucholz
Atme Marie Buczacki
Gabriel Burges
Gabriel Burgos
Theresa Burke
John Burkett
Theresa Burkhart
April Burks
Jason Burns
Marissa Burns
Orlanda Burton
Robert Bush
Allen Butler
Maurice Butler
Sean Butler
Ashlee Byrd
Ashley Byrd
Marcello Byrd
George Calderon
Michael Calzada
Campbell Campbell
Cordell Campbell
Gregory Campos
Alexis Carrizales
Esteban Caracciolo
Joan Carbajal

Carmine Cardamone
Raymond Cardoria
Cameron Carlson
Zachary Carper
Antonietta Casco
Curtis Case
Tonm1y Cason
Tommy Cason III
Dana Cassity
Franldin Castello
Thalia Castillo
Maria Castro
Steven Cavazos
Andrew Chacon
Isaac Chacon
Mathew Chambers
Emily Chapman
Caleb Chavez
Elliot Chicoine
Tae Choe
Carmelita Christian
Dominique Christian
Nathan Christie
Annette Clark
Greg Clark
Robeti Clark
Cindy Climaco
Austen Coham
Stephen Cole
Justin Collado
Earl Compton
Bryan Condit
Fawn'Rel Conover
Shawn Cooley
Elizabeth Copeland
Troy Copland
Ricky Cordova
Angel Cortez
Angela Cortez
Roshana Cosby
Franldin Costello
Dustin Couch

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Diana Lynn Covington

Amber Crabtree
Lee Crenshaw
Dakote Cromley
Dokate Cromley
Joshua Crook
Rayvlon Croon
Jermaine Crouch
Sylvia Cruz
Billy Cunan
George Cutright
Gloria Dagda
Diallo Daniely
Colton Davis
Daniel Davis
David Davis
Jed Davis
Roneal Davis
Rousal Davis
Samone Davis
Adrian Davis
Gary Davis-Headd
Holly Day
Holly Day
Waco Day
Brian De Benedictis
Adelina Dedvukaj
Carmela DeJesus
Luis DelToro
Barbara Delacruz
Diane Delander
Juan Delgado
Debrah Dellarocca
Howard Deming
Nickolas Densmore
Michael DeSenatis
Tenance Desgres
Kendra Devance
Samantha Dewey
Wadea Dimyan
Pharizaun Dinh
Ebony Dixon
{00238071.3}

Michael Dixon
Johnathan Doder
Victoria Doder
Jonathan Dodev
Victoria Dodev
Angelica Dominguez
Trisha Doran
Shawn Dorman
Warren Draw
Suzanne Dreher
Michael Drysdale
Maria Duarte
Maria Duarte
Marla Duarte
Michael Dubin
Theodore Duehez
Nicholas Duenez
Ronald Dunbar
Valerie Dunbar
Joe Duncan
Mitchell Dunkelberger
Jennifer Dmm
Tea Durmic
Karl Dutson
Theodore Dvebez
David Earl
Linda Edwards
Nora Edwards
Sandra Edwards
Brian Eister
Cody Eldred
Shawna Eldred
Mary Ellis
Kaylyn El-Zaharna
Tajanay England-Shannon
Ronald Entwisle
Berta Erickson
Andrew Esswein
Matthew Evans
Marcia Fabry
Wanen Farmer
Alma Farris

Sam Farris
Golden Felton
Angie Fernandez
Anthony Ferroni
Brad Fielder
Ryan Finn
Kourtney Fischer
Keenan Fisher
Sandi Fleming
Brian Flores
Kenneth Folwell
Arthur Forbes
Cynthia Ford
Heather Foster
Devonte Fountain
Donna Fox
DonnaKFox
Matthew Foy
Christopher Fraley
Todd Frank
Margaret Frankiewicz
James Franzen
Bryan Freitag
Bryan Friedman
Adam Friel
Annette Fries
Kofi Frimpong
James Fuller
Jessie a Fuller
Vincent Fuqua
Michael Furchell
Michael Furchell
Olga Gabriel
Brandy Gagnon
Appollonia Gaines
Brad Gale
Triniesha Gallaway
Triniesha Galloway
George Galvan
Eli Gamze
Annette Garcia
Anthony Garcia

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Anthony Garcia
Desiray Garcia
Librado Garcia
Sarah Games
Cynthia Gay
Tommy Geeter
Jeffery Geiger
Andrew George
Shauna Gidwani
Anderson Gilford
Cameron Gillings
Angela Gilmore
Andrew Glasgow
Maya Glasgow
Antoine Godfrey
Shane Going
Erika Goins
Shana Goins
Steven Gompf
Laurence Gooden
Bruce Gargle
Bruce Gorshe
Olga Grabiel
Karen Graham
Cynthia Gray
Cynthia Gray
James Greb
Blaine Green
Phillip Green
Kevin Griffin
Adrian Guevara-Serna
Nicolas Guillermo
Luke Guratosky
Kevin Guthfie
Melissa Haines
Teeta Hajdine
Teuth Hajdini
Teuta Hajoini
Marcus Jenkins
Rene Jimenez
Andrea Johnson

{00238071.3 )

Jolm Balash
Alexander Hale
Nancy Hall
Mark Hamblen
Mark Rambler
Angela Hammit
Rashad Hamptan
Audrey Hangett
Heather Hannigan
Fifi Harper
Jharmaine Harper
Constance Hanell
Kevin Harting
Tyler Hartline
Trayl Harty
Nan Harvey
Dusty Harwell
David Hawdley
Toby Hawkins
Avery Hayden
Destini Haywood-Morales
Melody Hearne
Brandon Henderson
Colton L. Henry
Eric Henson
GaryHerdd
Tim Hem
ismael Hernandez
Kaven Hernandez
Lucero Hernandez
Valenzuela
Karyn Herot
Danell Henon
Michael Hibbler
Salaam Hill
Karyn Hirst
Brooke Hislar
Amy Hoang
Antoine Jolmson
Letrell Johnson
Susan Johnson

Ke1meth Hogan
Anthony Hoggard
Joshua Hollick
Debra Hollins
Cheryl Holmes
Robert Holmes
Hakim Hopkins
Karen Hoppa
Thomas Hopper
Frederick Hmion
TaddHoward
Damon Howell
Canington Hrot
Stephen Hudgell
Aretta Hudson
KellyHuey
Scott Hughes
Scott Hughes
Stephen Hugo
Canington Huot
Gabriel Hurst
Kriston Istvan
Chelsea Ivanoff
Vincent Ivory
Abdel Jabbar
Danyl Jackson
Elliot Jackson
Georgia Jackson
Ira Jackson
Olynthia Jackson
Ono Jackson
RogDre Jackson
William James jr
Eddie James on
Steven Jandreau
Rebecca Janecke
Sonia Jared
Andre Jeanisse
Wendell Jolmson
Zina Johnson
Michael Jones

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Yvette Jones
John Jorgensen
Lorenzo JuimenezRomero
Leonard Julian
Roberta Jung
Dexter Kadison
Bryan Kael
Calvin Kaestner
Pam Kaestner
JB Kelley
JB Kelly
Michael William Kelly
Veronica Kent
GaryKerdd
James Kieffer
Blake Kinchla
James Kindell
Jason Kindell
Janelle King
Julie King
Reginald King
Aziza Kinney
Terry Kinzie
Tim Kling
Dieter Klofkorn
Kevin Koble
William Koehler
JohnKonek
Brandon Kong
Shadow Kornmiller
Lori Kowalski
Lindit Krier
Istvan Kriston
N oam Kutland
Lamar Lackey
David LaLonde
Donald LaLonde
Rachel Me Vey
Janile Mecham
Dasia Medina
Efrain Medina
{00238071.3 )

Benjamin Lamar
Eva Angelina Lamas
Angelina Lamas Eva
Michael Lanxon
Faye Lapp
Charles M. II Lasley
Destiny Latimer
Daniel Laurie
Lamar Leak
Jordan Ledford
Shaqwetta Lee
Kevin Lemons
Daniel Lemus Jr
Seymour Lenox
Julian Leonard
Alice Leone
Damian Leuck
Brian Levine
Cherita Lewis
Duncan Lewis
Markeith Lewis
Raymond Lewis
Chiata Lewis
Sylvia Leyva
Jillian Licavoli
Angela Lopez
Michael Lopez
Noel Lopez
Sylvia Elena Lopez
Leo Luchette
J etmifer Luke
Berenis Luna
J amey Macdonald
Vaughn Macill
Billy Mack
Stephen Mackey
Jeffrey C Maggert
KiaMagnani
Christian Meller
John Merchant
Douglas Meyer
Douglas C. Meyer

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Jerry Mailhot
Nathan Malatt
Vaughn Maneill
Katrina Manolakos
Micah Marcnbanks
J akara Mardis
Gene Marian
Gene Marion
Kathryn Marsh
Kristine Marsh
Ryan Mmiensen
Steve Martin
William Martin
Steve Martin
Cesar Mmiinez
Christy Martinez
Omar Martinez
Leonidas Masterwen
Jarrett Maupin
Ms. Renee Maupin
Jarrett Maupin Sr.
Cmiis McAlpine
Jason McCarthy
Kayelynn McClary
Charles McClellan
James McCormick
James McConnick
J azzmin Me Connick
Arthur Mccray
Anthony McGhee
Kurlie McGili
Robert McKinlay
Rosetta McKinzey
Damario McMillian
Angelique MeN amara
Kati Mcnamara
Kelly McNamara
Chad McQuality
Joshua Meyers
Julissa Meza
Daniel Mighty
Kathryn Miller

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Daryl Mills
Rockwell Mills
Lovely Mitchell
Noah Montague
Ishea Montez
Keith Moore
Lakia Moore
Ryan Moore
Daniel Moreno
Patrick Moreno
Gary Morgan
Hailey Morris
Kara Morris
Mary Morris
Ryan Mortensen
Kobie Morton
Michael Mosby
Sherry Moss
N azim Muhanm1ad
Marci Mullen
Joel Mullins
Kris Munj oy
Gregorio Munoz Jr.
Lisa Murphy
Jonathan Myers
Jonathon Myers
Rebecca Myers
Diana Naffa
JohnNaile
Bryce Nailor
Gabriel Nalley
Frank Nelson
Larry Nester
Buddie Nichols
Miguel Nicoletti
Daniel Niles
Juan Noriega Oliver
Christian Riggs
CodyRigley
Carla Rios
Cody Risley
Ethan Rivera
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Julian Nour
Ruffa Nuesca
Wilson Nyreal
Brittany Oberg
Daryl Oberg
Arron Olivas
Juan Oliver
Juan Oliver
William Oliver
William Oliver
Morgan Oliver - Smith
Walter ONeil
Jadid Organ
Jadid-Alam Organ
Isaac Ortiz
John Osbron
Evelyn Osley
Marcia Osowsky
Davey Palmer
Yolanda Palmer
Bean Parker
J amour Parks
Abdil Parties
Julie Patterson
Christie Patton
Antwan Payne
Walter Payne
Herbert Pearce
Ali Perez
Ali Perez
Lynne Perkins
Christopher Pettiford
Deonte Phillips
Tobey Pica
Sergio Pineda
Ryan Pinkster
Antoine Pitts
Frank Rizzi
Mark Roberson
Ashley Roberts
D'Andree Robe1is
Denise Robinson
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Mark Pitts
Humberto Plascencia
Frederick Pleasure
Shawn Plumb
Jasmine Pollard
Svetlana Popora
Jeffrey Powell
Melissa Powell
Daniel Prahl
Rhiannon Pribble
David Price
Denise Price
Rebecca Price
Sandra Prins
Joseph Proo
Anthony Quinn
David Quintero
Dexter Radison
N atasha Rael
Denny Ramos
Tristen Ramos
J eam1ette Randal
Alex Rathjen
Brighton Rathjen
Trenton Raught
Lawrence Raye
Leslie Reid
Markeitia Reid
Yvette Reid
Jessica Reyes
Shayla Reyes
Taylor Richards
Anthony Richardson
Chris Richele
Jeffrey Richmond
Kimberly Ridley
Veronica Riggins
James Robinson
Johnny Robinson
Jonny Robinson
Norma Robinson
Thomas Robinson

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Tomorad Robinson
Tonya Robinson
Nonna Robinson
Nailah Robinson-Goss
Keith Robzen
Anastacia Rodriguez
Eddie Rodriguez
Raul Rodriguez-Peltz
Jolm Rogers
Alice Rogers Leone
Kalief Rollins
Jose Rosas
Noah Rosenberg
Tenisha Ross
TenyRoth
Miranda Rowe
Nicholas Roy
Dustin Rozwarski
Steve Rudick
Michelle Ruiz
Benjamin Rush
J ordin Russell
Ludevina Russo
Daniel Rybicki
Paul Sabo
David Saddler
Siyad Sagal
Ali-Reza Salamat
Josephs Salas
Christepher Salvo
Richard Salway
Radair Samimi
Samuel Sampson
Karen Sanders
Nicholas Sanders
Leslie Tabor
Brenton Taft
Mariyam Taha
Paul Talbot

{00238071.3 )

Chantele Sanders Abdalaal

Yuriko Santoyo
Jordan Scarborough
Jacob Schaefer
Alyssa Schmelzle
Mickelina Schoen
Brendan Schwartz
Jack Schweim
Elizabeth Scott
Jason Scott
Hanna Searle
Jason Segal
Latosha Selby
Lenox Seymour
Safiyyah Shamsiddeen
ShareenPah Shamsiddeen
ShareePuh Shamsiddeen
Waliah Shamsiddeen
Kimberly Shanklin
Justin Shannon
Austin Sharpsteen
Steve Shima
Brad Shoup
Cannella Shy
Steven Sidlovsky
Rick Signorina
Chau Simington
Bryan Simon-Beins
Brooks Simpson
Robert Singleton
Taz Sleeper
Michael Smargiassi
Grace Smart
Brandon Smith
Bruce Smith
Helen Talia
Sabino Tambona
Nicole Tanner
Pilar Tapia

12

John Smith
Kenneth Smith
Rafael Smith
Sarah Smith
Tom Smith
Dan Snipes
Sarel Solis
Pranee Soukanmeuth
Kyle Spencer
Riley Spillman
Karen Spinck
Alexandria Spurlock
Blake Staggs
Shawn Stambaugh
Helene Stanton
Amanda Steele
Sherri Stephens
Courtney Stewart
Joshua Stinger
Steven Stockbridge
Steven Stockbridge II
Lindsay Stoll
Danold Strubbe
Margarat Stumpf
Khalil Sultan
Amanda Sumner
Christopher Sunmer
Tyresa Sunell
Sununer Sutton
Calvin Svete
Toney Swain
Mark Swanson
Makeda Sweeney
Robert Sweeney
Butch Swofford
Craig Sylvester
Cruz Sylvia
Jane Taylor
Kristopher Taylor
Thomasita Taylor
Elisa Tellez

1
2
3
4
5
6
7
8
9
10
11

12
13

14
15
16
17
18

Mark Thayer
Sean Thomas
Travon Thomas
Brianna Thompson
Courtney Thompson
Danielle Thompson
Daryl Thompson
Kathryn Thon,1pson
Sean Thompson
Timothy Thompson
Richard Thmion
Jessica Tiffany
Joshua Tiffany
Durnae Tipton
Frank Todd
Genevieve Togiai
Grace Torio
Adam Torres
Amanda Tracy
J ovan Travis
Dylan Trestik
Tyson Trevino
Eugene Trimble
Taury Troost
Jason Tsinnijinnie
Thomas Tsinnijinnie
Christine Tudan
Joshua Tweedy
Robert Tyner

19
20
21
22
23
24
25
26

Ryan Uggla
Ryan U ggla-Roth
Kerwin Upshur
Wesley Urbanski
Gilbert Valenzuela
Jacquelyn Valrie
Morris Valrie
Vernon Van
Del Van Brugen
Brek VanAlstine
Hector Varela

{00238071.3 )

Frank Vasquez
Dominique Vaughn
J e1mifer Veal
Stephen Veerkamp
Van Vernon
Stella Villa
GregoryVit
LindseyVogt
William M. Vogt
Robert Waggoner
Margo Wagner
Carl Wahl
Carl Wahl III
Chad Waldron
Emily Walters
Gessika Walton
Jeffrey Walton
Ashley Warner
Clara Shepherd Warrick
Matthew Washington
Theresa Watson
Brian Waycaster
Cynthia Wayner
Colleen Wear
Patrick Wear
Diane Weaver
Lakeisha Weaver
Tame Wedlow
Beverly Weiss
Julie Welling
Robe1ia Wells
Bianca Wendell
Rochelle W erksman
David Wesko
Dogwan Wesson
Ambi West
J olm Wetherington
Dannielle Wheeler
Jeremy White
Teresa White
Jihad Whitner

13

Clark William
Charles Williams
Glenn Williams
Joshua Williams
Melissa Williams
Paul Williams
Peyton Williams
Richard Williams
Riley Williams
Charles Williams
Devin Willing
Debra Willis
Michael Wills
Greg Wilson
Nyreal Wilson
Tarra Wilson
Tony Wilson
David Wilund
Ryan Winarch
jason Winter
Blair Wofford
Alexis W oj cin
Yumi Wong
Brandon Woods
Don Woods
James Paul Woods
Paul Woods
Jon Wright
Josh Wright
Justin WrightRyan
Wrobleski
James Yates
Keanu Yazzie
Tomomi Yoshimura
David Young
Anthony Yuznik
Denise Yuzuik
Carlos Zabala
N oemi Zavala
Nancy Zepeca
Andrew Zwisler

31.

On infonnation and belief, the total universe of petition circulators registered

with the SOS to circulate petitions for the Hospital Executive Pay Initiative is larger than the

list set fmih in the SOS's databases and Paragraph 30 of this Verified Complaint because those

databases are incomplete. All petition circulators that purportedly submitted a Registration

Fonn with the SOS to circulate petitions for the Hospital Executive Pay Initiative are referred

to herein as "Purpmied Registered Circulators."

32.

Pursuant to A.R.S. 19-118(D), "[a]ny person may challenge the lawful

registration of circulators in the superior comi of the county in which the circulator is

registered, and "[a] challenge may not be commenced more than five days after the date on

10

which the petitions for which the circulator is required to be registered are filed with the

11

secretary of state."

12

33.

Pursuant to A.R.S. 19-121.01(A), "[w]ithin twenty days, excluding Saturdays,

13

Sundays and other legal holidays, of the date of filing of an initiative or referendum petition

14

and issuance of the receipt," the SOS has a non-discretionary legal duty to remove petition

15

sheets for a host of reasons, including " [t]hose sheets on which the circulator is required to be

16

registered with the secretary of state pursuant to section 19-118 and the circulator is not

17

properly registered at the time the petitions were circulated." A.R.S. 19-121.01(A)(l)(h).

18

34.

Petition sheets can be invalid for a number of other reasons, including:

19

a.

the circulator was not qualified to register to vote, A.R.S. 19-114(A);

20

b.

defects in the fonn of the initiative petition, A.R.S. 19-102(A);

21

c.

failure of the petition circulator to appropriately designate whether they

22

were paid for their services or acted on a volunteer basis, A.R.S. 19-

23

102(D), (E);
d.

24

the failure of the petition circulator to use the affidavit fonn prescribed by

25

law or complete the affidavit form in its entirety, A.R.S. 19-112(C), (D),

26

(E); and

{00238071.3 }

14

1
2

e.
35.

the provision of a false affidavit by the circulator, see A.R. S. 19-112-(C).

Invalid petition sheets can and should be removed by the SOS for the reasons set

forth above, or any other reason relating to the failure to comply with Arizona's election laws.

Respect the Promise in Opposition to R-14-02-Neighbors for a Better Glendale v. Hanna, 238

Ariz. 296, 360 P.3d 92 (Ct. App. 2015).

36.

After removing those petitions required by law, the SOS is then required to

submit a random sample of five percent of remaining signatures to the "county recorders of the

counties in which the persons signing the petition claim to be qualified electors," A.R.S. 19-

121.01(B), for a determination the validity of those signatures, A.R.S. 19-121.02(A).

10
11
12

37.

In light of the deadlines imposed by A.R.S. 19-118(D) and 19-121.01(A),

time was of the essence in obtaining copies of the Submitted Petition Sheets.
38.

Prior to the July 7, 2016 deadline, counsel for Plaintiffs submitted a public

13

records request to the SOS for copies of the Submitted Petition Sheets, a request in which the

14

deadlines for challenging petition circulators, petition circulator registrations, and other

15

petition and petition signature defects was made clear.

16

39.

On July 8, 2016, Eric Spencer, the State Elections Director and a deputy of the

17

SOS, infonned counsel for Plaintiffs that copies of the Submitted Petition Sheets would likely

18

not be available until at least July 11, 2016, and even then, would not be available in their

19

entirety.

20

40.

Counsel for Plaintiffs received a partial production of a small batch of Submitted

21

Petition Sheets on the evening of July 11, 2016, and did not receive a complete set of copies of

22

all such petitions until July 13, 2016.

23

41.

On infom1ation and belief, and as detailed further below, many of the Submitted

24

Petition Sheets are invalid and should be removed by the SOS (and consequently excluded

25

from the universe of petition sheets from which the random sample of signatures sent to the

26

{00238071.3 )

15

county recorders is selected) because the petition circulator's registration with the SOS was

unlawful due to:

a.

a deficiency in the circulator registration required by law; and/or

b.

the petition circulator's false representation that she was qualified to

circulate petitions in Arizona where a prior felony conviction precluded

them being eligible to do so.

42.

On infon11ation and belief, and as detailed further below, many of the Submitted

Petition Sheets are invalid and should be removed by the SOS (and consequently excluded

from the universe of petition sheets from which the random sample of signatures sent to the

10

county recorders is selected) because of petition sheet defects, including:

11

a.

registration with the SOS;

12

b.

13

failure of the petition circulator to appropriately designate whether they

were paid for their services or acted on a volunteer basis;

14
c.

15

the provision of a false Registration Form or affidavit by the petition

circulator; and/ or

16
17
18

circulation of the petition sheet prior to the petition circulator's

d.
43.

defects in the fonn or completion of the petition circulator affidavit.

Plaintiffs and their counsel are cunently in the process of reviewing (i)

19

Registration Fonns and related documentation for the Purpmied Registered Circulators (who

20

total approximately 900) and the Submitted Petition Sheets (which total approximately

21

28,782). This process is laborious and has been proceeding nearly non-stop since the evening

22

of July 11, 2016. Because of the number of Submitted Petition Sheets and Purpmied

23

Registered Circulators, and further because the SOS's initial verification and removal process

24

is ongoing, Plaintiffs reserve the right to amend this Verified Complaint as more infom1ation

25

becomes available pursuant to A.R.S. 19-118(D) and Rule 15(a), Ariz. R. Civ. P.

26

{00238071.3}

16

COUNT ONE

(Challenge to Invalid Petition Sheets- Failure to Properly Register as Committee)

44.

Plaintiffs incorporate by reference all prior allegations in this Verified Complaint.

45.

The Purported Connnittee's Statement of Organization does not include- and

has never included- the official serial number for the petition and a statement that the

Purported Conm1ittee supports the passage of the Hospital Executive Pay Initiative in violation

of A.R.S. 16-902.0l(G).

46.

Upon filing an Application for official serial number and after the issuance of an

official serial number from the SOS, the Purported Conm1ittee failed to amend its Statement of

10

Organization and name to include the serial number and a statement of support in violation of

11

A.R.S. 16-902.01(E).

12

47.

Because the Statement of Organization does not comply with the connnittee

13

registration requirements set forth in A.R.S. 16-902.01(G), the Purported Conn11ittee's

14

registration as a political committee is invalid and the Purported Conn11ittee was prohibited

15

from circulating petitions for the Hospital Executive Pay Initiative.

16

48.

All of the Submitted Petition Sheets are invalid because they were circulated

17

prior to the proper registration and fom1ation of a political committee as required by Arizona

18

law. A.R.S. 19-114(B).

19

49.

As a result ofthe Purported Connnittee's failure to properly register and fom1 as

20

a ballot measure connnittee, all Submitted Petition Sheets are invalid and should be removed

21

by the SOS (and consequently excluded from the universe of petition sheets from which the

22

random sample of signatures sent to the county recorders is selected).

23

COUNTTWO

24

(Challenge to Invalid Petition Sheets - Improper Petition Sheet Form)

25

50.

Plaintiffs incorporate by reference all prior allegations in tllis Verified Complaint.

26

{00238071.3}

17

1
2

51.

the form of an initiative petition set forth in A.R.S. 19-lOl(A), 19-102(A), and 19-102(B).
52.

3
4

On infom1ation and belief, all Submitted Petition Sheets contain only twelve

lines for signatures.

53.

5
6

The Purported Conm1ittee failed to comply with the statutory requirements for

Petition sheets for initiatives are required to contain fifteen lines for signatures.

A.R.S. 19-lOl(A), 19-102(A).

54.

On information and belief, none of the Submitted Petition Sheets contain the

following statement at the top of each sheet: "It is unlawful to sign this petition before it has a

serial number," or any similar disclaimer anywhere on each sheet.

10
11

55.

Petition sheets for initiatives are required to contain the disclaimer set forth in the

statute at the top of each sheet. A.R.S. 19-1 02(B).

12

56.

The Purported Committee failed to substantially comply with the petition fonn

13

requirements of A.R.S. 19-lOl(A), 19-102(A), and 19-102(B), thus rendering all of the

14

Submitted Petition Sheets invalid as a matter oflaw.

15

57.

Because the Submitted Petition Sheets fail to substantially comply with A.R.S.

16

19-lOl(A), 19-102(A), they should be removed by the SOS (and consequently excluded

17

from the universe of petition sheets from which the random sample of signatures sent to the

18

county recorders is selected).

19

COUNTTHREE

20

(Challenge to Lawful Registration of Circulators Pursuant to A.R.S. 19-118)

21

58.

Plaintiffs incorporate by reference all prior allegations in this Verified Complaint.

22

59.

On infonnation and belief, some or all of the Submitted Petition Sheets are

23

invalid and should be removed by the SOS (and consequently excluded from the universe of

24

petition sheets from which the random sample of signatures sent to the county recorders is

25

selected) due to deficiencies or false information on the Registration Forms submitted to the

26

SOS by Purported Registered Circulators.

{00238071.3 )

18

60.

On infonnation and belief, some or all of the Submitted Petition Sheets are

invalid and should be removed by the SOS (and consequently excluded from the universe of

petition sheets from which the random sample of signatures sent to the county recorders is

selected) because the Purported Registered Circulators were not qualified to circulate petitions

at the time of registration or any time thereafter due to prior felony convictions.

61.

Pursuant to A.R.S. 19-118, all Submitted Petition Sheets suffering from these

defects are invalid and must be removed by the SOS, and Plaintiffs seek the entry of a

preliminary and permanent injunction to ensure that all such petition sheets are removed

immediately, and prior to the submission of the random sample to the county recorders for

10

verification.

11

COUNT FOUR

12

(Challenge to Petition Sheets Due to the Failure to Register and Other Defects

13

Pursuant to A.R.S. 19-118, 19-121.01 & 19-122)

14

62.

Plaintiffs incorporate by reference all prior allegations in this Verified Complaint.

15

63.

On infonnation and belief, some or all of the Submitted Petition Sheets are

16

invalid and should be removed by the SOS (and consequently excluded from the universe of

17

petition sheets from which the random sample of signatures sent to the county recorders is

18

selected) because the petition sheets were circulated prior to the petition circulator's lawful

19

registration with the SOS.

20

64.

On infonnation and belief, some or all ofthe Submitted Petition Sheets are

21

invalid and should be removed by the SOS (and consequently excluded from the universe of

22

petition sheets from which the random sample of signatures sent to the county recorders is

23

selected) because of the failure of the petition circulators to appropriately designate whether

24

they were paid for their services or acted on a volunteer basis.

65.

25
26

On infonnation and belief, some or all of the Submitted Petition Sheets are

invalid and should be removed by the SOS (and consequently excluded from the universe of

(00238071.3 )

19

petition sheets from which the random sample of signatures sent to the county recorders is

selected) because volunteer petition circulators were not qualified to circulate petitions due to

prior felony convictions.

66.

On infonnation and belief, some or all of the Submitted Petition Sheets are

invalid and should be removed by the SOS (and consequently excluded from the universe of

petition sheets from which the random sample of signatures sent to the county recorders is

selected) because of defects in the fonn or completion of the petition circulator affidavit.

8
9

67.

On infonnation and belief, some or all of the Submitted Petition Sheets are

invalid and should be removed by the SOS (and consequently excluded from the universe of

10

petition sheets from which the random sample of signatures sent to the county recorders is

11

selected) because the petition circulator provided a false, misleading, or fraudulent petition

12

circulator affidavit.

13

68.

Pursuant to A.R.S. 19-118 and 19-121.01, all Submitted Petition Sheets

14

suffering from these defects are invalid and must be removed by the SOS, and Plaintiffs seek

15

the entry of a preliminary and pennanent injunction to ensure that all such petition sheets are

16

removed immediately, and prior to the submission of the random sample to the county

17

recorders for verification.

18

COUNT FIVE

19

(Declaratory Judgment- A.R.S. 12-1831 & 12-1832)

20

69.

Plaintiffs incorporate by reference all prior allegations in tllis Verified Complaint.

21

70.

Plaintiffs have an interest in the proper construction and application of Arizona

22

statutes regarding the processing and removal of invalid initiative petition sheets, and is thus

23

entitled to a declaration of rights based on those statutes.

24

71.

An actual controversy between Plaintiffs, the SOS, and the Purpmied Comnlittee

25

exists with respect to the failure of the Purpmied Comnlittee to properly register as a

26

cmmnittee, defects in the petition form, the lawful registration of some or all of the Purported

{00238071.3 }

20

Registered Circulators, the circulators who did not submit a Registration Fonn but should

have, and the validity of some or all of the Submitted Petition Sheets.

72.

Plaintiffs are entitled to a declaratory judgment holding that all Submitted

Petition Sheets affected by the failure to register as a political conm1ittee identified in Count

One of tllis Verified Complaint, the failure to follow the statutory requirements for the form of

an initiative petition identified in Count Two of this Verified Complaint, the circulator

registration defects identified in Count Three of thls Verified Complaint, and the other defects

identified in Count Four of this Verified Complaint are invalid as a matter of law.

COUNT SIX

10

(Special Action Relief- Mandamus and/or Prohibition)

11

73.

Plaintiffs incorporate by reference all prior allegations in this Verified Complaint.

12

74.

As detailed above, and pursuant to A.R.S. 19-114, 19-118, 19-121.01, and 19-

13

122, the SOS has a duty to remove certain of the Subnlitted Petition Sheets that are invalid as a

14

matter of law.

15

75.

The failure of the SOS to remove all Submitted Petition Sheets suffering from

16

the defects identified in Count One, Count Two, Count Three, and Count Four ofthls Verified

17

Complaint constitutes a failure by the SOS to perfonn a duty required by law as to wllich she

18

has no discretion.

19

76.

The failure of the SOS to remove all Submitted Petition Sheets suffering from

20

the defects identified in Count One, Count Two, Count Three, and Count Four of this Verified

21

Complaint would result in the SOS proceeding without or in excess of her jurisdiction or legal

22

authority.

23

77.

The failure of the SOS to remove all Submitted Petition Sheets suffering from

24

the defects identified in Count One, Count Two, Count Three, and Count Four oftllis Verified

25

Complaint would result in a determination by the SOS that is arbitrary and capricious, or an

26

abuse of discretion.

{00238071.3 }

21

78.

Plaintiffs are entitled to special action relief compelling the SOS to remove

Submitted Petition Sheets suffering from the defects identified in Count One, Count Two,

Count Three, and Count Four of this Verified Complaint, and/or prohibiting her from including

signatures contained on such Submitted Petition Sheets from the total number of valid

signatures gathered in support of the Hospital Executive Pay Initiative or in the random sample

of signatures submitted to the county recm~ders for verification.

RELIEF REQUESTED

WHEREFORE, Plaintiffs respectfully request the following relief:

A.

That the Court issues findings of fact and conclusions oflaw;

10

B.

That based on its findings of fact and conclusions of the law, the Court enter an

11

order finding that some or all of the Submitted Petition Sheets are invalid and should be

12

removed by the SOS for the reasons identified in the Verified Complaint and to be proven at a

13

hearing on the merits;

14

C.

That the Court issue an order enjoining the SOS from counting the invalid

15

Submitted Petition Sheets and from submitting any signatures contained on such sheets as pmi

16

of the random sample of signatures submitted to the county recorders for verification;

17
18
19

D.

That the Court enter a declaratory judgment as to the invalidity of some or all of

the Submitted Petition Sheets;

E.

That the Court grant Plaintiffs special action relief compelling the SOS to

20

remove Submitted Petition Sheets suffering from the defects identified in Count One, Count

21

Two, Count Three, and Count Four of this Verified Complaint, and/or prohibiting her from

22

including signatures contained on such Submitted Petition Sheets from the total number of

23

valid signatures gathered in support of the Hospital Executive Pay Initiative or in the random

24

sample of signatures submitted to the county recorders for verification; and

25
26

F.

For attomeys' fees and costs incurred in this action and such other and futiher

relief that the Court may deem proper.

{00238071.3 }

22

1
2

Respectfully submitted this 14th day of July, 2016.

COPPERSMITH BROCKELMAN PLC

By___~-+~~~~~-=-----------Andrew S. Gordon
Roopali H. Desai
D. Andrew Gaona

6
7

Attorneys for Plaintiffs

8
9
10

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12

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14

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16

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19
20
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23
24
25
26

{00238071.3}

23

VERIFICATION

I, John Ragan, do state and swear under penalty of pe1jury and as permitted by
Rule 80(i), Ariz. R. Civ. P., as follows:

I am the plaintiff in this action. I have read the foregoing Verified Complaint and,

to the best of my knowledge, information and belief, the statements made therein are true

and correct.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 14th day of July, 2016.

10

11
12
13
14

15

Jolm P. Ragan

16

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{00238459.1 }

Exhibit A

APPLICATION FOR INITIATIVE OR REFERENDUM PETITION SERIAL NUMBER

Secretary of State
1700 W. Washington Street, 7th Floor
Phoenix, AZ 85007

The undersigned intends to circulate and file an

or a REFERENDUM (circle the appropriate word) petition and
hereby makes application for the issuance of an official serial number to be printed in the lower right-hand corner of each
side of each signature sheet of such petition. Pursuant to Arizona Revised Statutes 19-111, attached hereto Is the full
text, in no less
eight point type, of the <M:EASU@ or CONSTITUTIONAL AMENDMENT (circle appropriate word)
intended to be INITIATED or REFERRED (circle appropriate word) at the next general election.

SUMMARY: A description of no more than one hundred words of the principal provisions of the proposed law,
constitutional amendment or measure that will appear in no less than eight point type on the face of each petition signature
sheet to be circulated.
The Hospital Executive Compensation Act:
Limits total annual compensation paid to executives, administrators, and managers of hospitals, hospital groups, and affiliated
medical entities, whether operated for profit or not for profit, to the annual compensation of the President of the United States
(currently $450,000).
Similarly limits severance pay for hospital executives, administrators, and managers.
Defines compensation to include wages, bonuses, retirement benefits, club memberships, loans, housing, transportation, life
Insurance and deferred compensation.
Requires public disclosure of compensation exceeding these limits.
Provides for enforcement by Attorney General or persons acting on behalf of themselves, their members, or the general public.

+\~i-rf\L ~UA.'!<J:.~"T_AYb\t.xry
5~:>ML6't)

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N.Jo Qw..-c..-ny C-A>.f;,

.~ I..A.-6-1\ -rt;p

l-\-~-n-\;t.Ar2b WCJ'tU:t2.-6 WEiST

Name of Organization (If any)

Printed Name of Applicant

pf) \3 C)~

Address

'3 b17'3

Address

City

City

State

s-w -~s-o S- lt.fsz..

Zip

State

Zip

Telephone Number

f:.-~1 Af!:.JrAU'\- J7MC'f0~

Telephone Number

--ri~?fq?..

Name of Officer and Title

Address

l?J
__

Date of A p p llcatlon_1_/-+/_)"L--+j_{_J)_\
I

Signatures Req u I

Dead II n e

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_lo=-_l~}__?_;;;;....____
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(
~7'---l-J-=t.l.-j-f_w;;:_:::;_..L-Ilu=---

for FIll n g _ _

City

Zip

Name of Officer and Title

Address

State

Zip

lssued_-L_~
__-_Z_I_-_2-...,o,---l_L___
FOR OFFICE USE ONLY

Revised 11/92

Telephone Number

City

Serial Number

State

Telephone Number

6Z :I Wd ZI 83.:1 9lOZ
Jf9'1 S .:JO )JJV13tlJ3S

'

AN INITIATIVE MEASURE
AMENDING TITLE 10, ARIZONA REVISED STATUTES, BY ADDING CHAPTER
35.2; AMENDING SECTION 44~6561, ARIZONA REVISED STATUTES; RELATING
TO HOSPITAL EXECUTIVE COMPENSATION.
TEXT OF PROPOSED AMENDMENT

Be it enacted by the People of the State of Arizona:

Sec. 1. Title
This act may be cited as the "Hospital Executive Compensation Act."

Sec. 2. Findings
--;;
The People of the State of Arizona find and declare the following:
~
A.
The compensation packages for chief executive officers, executives, managers, and
administrators of hospitals in Arizona are often excessive, unnecessary, and inconsistent with the
provision ofhigh~quality, affordable medical care, by diverting funds that could be used to
expand access to affordable medical care for all Arizonans.
B.
Payment of excessive compensation to chief executive officers, executives, managers,
and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities
undermines the charitable purposes of those entities because it results in fewer funds being
available for charitable purposes, and it is often the case that the hospitals, hospital groups, and
affiliated medical entities that pay the most excessive compensation also provide less charitable
care than comparable institutions that pay reasonable compensation to their chief executive
officers, executives, managers, and administrators.
C.
Existing requirements of law do not adequately ensure that assets held for charitable
purposes are not instead used to enrich chief executive officers, executives, managers, and
administrators of nonprofit hospitals, hospital groups, and affiliated medical entities through
payment of excessive compensation.
D.
Executives, managers, and administrators of hospitals, hospital groups, and affiliated
medical entities can be reasonably compensated without receiving more than the President of the
United States of America, who currently earns $450,000 per year.
F.
This Act has the following purposes:
1.
It is the purpose of this Act to ensure that compensation packages for chief executive
officers, executives, managers, and administrators of hospitals are consistent with the goal of
providing affordable, high-quality medical care to all Arizonans.
2.
It is further the purpose of this Act to ensure that compensation packages for chief
executive officers, executives, managers, and administrators of nonprofit hospitals, hospital
groups, and affiliated medical entities are consistent with the charitable purposes of such
nonprofits and are reasonable and not excessive in light of the substantial public benefit that the
State tax exemption for nonprofit organizations conveys.
3.
This Act would achieve these purposes by limiting such chief executive officers,
executives, managers, and administrators to compensation packages of no more than the
compensation received by the President of the United States of America, which is currently
$450,000 per year.

4.

This Act is not intended to mandate expenditure of state revenues for any purpose.
.....:>

Sec. 3. Title 10, Arizona Revised Statues, is amended by adding Chapter 35.2, to read:

=
en

..,

rr1

CHAPTER 35.2
HOSPITAL EXECUTIVE COMPENSATION ACT

cu

v
10-11271

DEFINITIONS.

-..

IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1.
"TOTAL ANNUAL COMPENSATION" OR "PAYMENTS'' MEANS ALL
REMUNERATION PAID, EARNED, OR ACCRUED IN THE COURSE OF A FISCAL YEAR
FOR WORK PERFORMED OR SERVICES PROVIDED, INCLUDING THE CASH VALUE
OF ALL REMUNERATION (INCLUDING BENEFITS) IN ANY MEDIUM OTHER THAN
CASH, EXCEPT AS OTHERWISE SPECIFIED IN PARAGRAPH 1, SUBDIVISION (b) OF
THIS SECTION.
(a)
"TOTAL ANNUAL COMPENSATION" OR "PAYMENTS" INCLUDES, BUT IS
NOT LIMITED TO, WAGES; SALARY; PAID TIME OFF; BONUSES; INCENTIVE
PAYMENTS; LUMP-SUM CASH PAYMENTS; THE FAIR MARKET VALUE OF BELOW
MARKET RATE LOANS OR LOAN FORGIVENESS; HOUSING PAYMENTS; PAYMENTS
FOR TRANSPORTATION, TRAVEL, MEALS, OR OTHER EXPENSES IN EXCESS OF
ACTUAL DOCUMENTED EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES;
PAYMENTS OR REIMBURSEMENT FOR ENTERTAINMENT OR SOCIAL CLUB
MEMBERSHIPS; THE CASH VALUE OF HOUSING, AUTOMOBILES, PARKING, OR
SIMILAR BENEFITS; SCHOLARSHIPS OR FELLOWSHIPS; THE CASH VALUE OF
DEPENDENT CARE OR ADOPTION ASSISTANCE OR PERSONAL LEGAL OR
FINANCIAL SERVICES; THE CASH VALUE OF STOCK OPTIONS OR AWARDS;
PAYMENTS OR CONTRIBUTIONS FOR INSURANCE, EXCEPT AS EXEMPTED IN
PARAGRAPH 1, SUBDIVISION (b) OF THIS SECTION, TO A SECTION 125 CAFETERIA
PLAN OR EQUIVALENT ARRANGEMENT, TO A HEALTH SAVINGS ACCOUNT, OR
FOR SEVERANCE OR ITS EQUIVALENT; AND DEFERRED COMPENSATION EARNED
OR ACCRUED, EVEN IF NOT YET VESTED OR PAID.
(b)
TOTAL ANNUAL COMPENSATION OR PAYMENTS SHALL NOT INCLUDE:
(i) THE COST OF HEALTH INSURANCE OR DISABILITY INSURANCE OR PAYMENTS
OR CONTRIBUTIONS TO A HEALTH REIMBURSEMENT ACCOUNT; OR
(ii) THE COST OF ANY BENEFIT OR REMUNERATION TO THE EXTENT THE
INCLUSION OF THAT BENEFIT OR REMUNERATION IN CALCULATING TOTAL
ANNUAL COMPENSATION WOULD CAUSE THE LIMITATION ON TOTAL
COMPENSATION ESTABLISHED BY SECTION 10-11272 TO BE PREEMPTED BY
FEDERAL LAW OR TO VIOLATE THE STATE OR FEDERAL CONSTITUTION.
2.
"COVERED HOSPITAL OR MEDICAL ENTITY" MEANS ANY OF THE
FOLLOWING:
(a)
THE TERM "HOSPITAL" HAS THE SAME MEANING PRESCRIBED IN
SECTION R9-10-101 OF THE ARIZONA ADMINISTRATIVE CODE, BUT DOES NOT
INCLUDE ANY HOSPITAL THAT IS WHOLLY OWNED AND OPERATED BY ANY
GOVERNMENTAL UNIT OR AGENCY.

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DESCRIBED IN PARAGRAPH 2, SUBDIVISION (a) OF THIS SECTION OR ANY
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CONTROLLING AUTHORITY OF A HOSPITAL. AN AFFILIATED ENTITY IS
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DIRECTLY OR INDIRECTLY CONTROLLED OR OWNED BY A PERSON OR ENTITY
(INCLUDING A HOSPITAL, HOSPITAL GROUP, CORPORATION, OR OTHER ENTITY)
IF ANY OF THE FOLLOWING IS TRUE:
(i) THE AFFILIATED ENTITY IS A DISREGARDED ENTITY OF, OR WOULD BE
REQUIRED TO BE DESIGNATED AS A RELATED ORGANIZATION ON INTERNAL
REVENUE SERVICE FORM 990 (OR ITS ACCOMPANYING SCHEDULES OR THE
SUCCESSOR OF SUCH FORMS OR SCHEDULES) OF, THE PERSON OR ENTITY;
(ii) A MAJORITY OF THE AFFILIATED ENTITY'S ASSETS ARE OWNED BY THE
PERSON OR ENTITY; OR
(iii) THE AFFILIATED ENTITY OWNS A MAJORITY OF THE ASSETS OF THE PERSON
OR ENTITY.
3.
"CONTROLLING AUTHORITY" MEANS, WITH RESPECT TO A COVERED
HOSPITAL OR MEDICAL ENTITY, EVERY "GOVERNING AUTHORITY" (WHICH HAS
THE SAME MEANING PRESCRIBED IN SECTION 36-401), "CONTROLLING PERSON"
(WHICH HAS THE SAME MEANING PRESCRIBED IN SECTION 36-401), "OWNER"
(WHICH HAS THE SAME MEANING PRESCRIBED IN SECTION R9-10-101 OF THE
ARIZONA ADMINISTRATIVE CODE), AND "LICENSEE" (WHICH HAS THE SAME
MEANING PRESCRIBED IN SECTION R9-10-101 OF THE ARIZONA ADMINISTRATIVE
CODE) OF THAT COVERED HOSPITAL OR MEDICAL ENTITY.
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10-11272

LIMITS ON EXECUTIVE COMPENSATION.

A.
THE CONTROLLING AUTHORITY OF A COVERED HOSPITAL OR MEDICAL
ENTITY LICENSED UNDER TITLE 36, CHAPTER 4 SHALL ENSURE THAT THE
FOLLOWING ARE TRUE AT ALL TIMES:
1.
NO PERSON WHOSE PRIMARY DUTIES ARE EXECUTIVE, MANAGERIAL, OR
ADMINISTRATIVE AT OR FOR THE COVERED HOSPITAL OR MEDICAL ENTITY
RECEIVES TOTAL ANNUAL COMPENSATION OR PAYMENTS FROM ALL SOURCES
COMBINED FOR WORK PERFORMED OR SERVICES PROVIDED AT OR FOR THE
COVERED HOSPITAL OR MEDICAL ENTITY THAT IS GREATER THAN THE ANNUAL
SALARY AND EXPENSE ALLOWANCE OF THE PRESIDENT OF THE UNITED STATES
AS SET FORTH IN SECTION 102 OF TITLE 3 OF THE UNITED STATES CODE.
2.
THE TOTAL VALUE IN THE AGGREGATE OF THE COMPENSATION OR
PAYMENTS AUTHORIZED OR PAID UNDER A SEVERANCE OR SIMILAR POSTSERVICE OR POST-EMPLOYMENT ARRANGEMENT FOR ANY PERSON WHO
FORMERLY HAD PRIMARY DUTIES AT A COVERED HOSPITAL OR MEDICAL
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EXCEED THE ANNUAL SALARY AND EXPENSE ALLOWANCE OF THE PRESIDENT
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OF THE UNITED STATES AS SET FORTH IN SECTION 102 OF TITLE 3 OF THE UNITED td
STATES CODE. THE TOTAL VALUE OF A.SEVERANCE OR SIMILAR POSTN
EMPLOYMENT OR POST-SERVICE COMPENSATION ARRANGEMENT OR
SEVERANCE PAYMENTS INCLUDES THE FAIR MARICET VALUE OF ALL
REMUNERATION, INCLUDING BENEFITS, PAID IN ANY MEDIUM OTHER THAN
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CASH, AS DEFINED IN PARAGRAPH 1 OF SECTION 10-11271, SUBJECT TO THE
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EXCLUSION SET FORTH IN PARAGRAPH 1, SUBDIVISION (b) OF SECTION 10-11271.
B.
THE LIMITATION ON TOTAL ANNUAL COMPENSATION IN SUBSECTION A
OF TI-HS SECTION SHALL APPLY TO ARRANGEMENTS MADE OR AUTHORIZED ON
OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
C.
ALL COMPENSATION OR PAYMENTS FOR ALL WORK PERFORMED OR
SERVICES PROVIDED BY A PERSON WHOSE PRIMARY DUTIES ARE OR WERE
EXECUTIVE, MANAGERIAL, OR ADMINISTRATIVE SHALL BE INCLUDED IN
DETERMINING THE COMPENSATION SUBJECT TO THE LIMIT SET FORTH IN
SUBSECTION A OF THIS SECTION, EVEN IF THAT PERSON ALSO PERFORMS OR
PERFORMED OTHER DUTIES. PERSONS WHOSE PRIMARY DUTIES ARE
EXECUTIVE, MANAGERIAL, OR ADMINISTRATIVE INCLUDE, BUT ARE NOT
LIMITED TO, CHIEF EXECUTIVE OFFICERS, CHIEF EXECUTIVE MANAGERS, CHIEF
EXECUTIVES, EXECUTIVE OFFICERS, EXECUTIVE DIRECTORS, CHIEF FINANCIAL
OFFICERS, PRESIDENTS, EXECUTIVE PRESIDENTS, VICE PRESIDENTS, EXECUTIVE
VICE PRESIDENTS, AND OTHER PERSONS IN COMPARABLE POSITIONS.
D.
THIS SECTION DOES NOT IMPOSE LIMITS ON THE COMPENSATION OF
MEDICAL OR HEALTH CARE PROFESSIONALS WHOSE PRIMARY DUTIES ARE THE
DIRECT PROVISION OF MEDICAL SERVICES, RESEARCH, DIRECT PATIENT CARE,
OR OTHER NON-MANAGERIAL, NON-EXECUTIVE, AND NON-ADMINISTRATIVE
SERVICES.
E.
THE COMPENSATION LIMITS ESTABLISHED BY SUBSECTION A OF THIS
SECTION APPLY IRRESPECTIVE OF WHETHER THE PERSON EXERCISING
EXECUTIVE, MANAGERIAL, OR ADMINISTRATIVE AUTHORITY IS AN EMPLOYEE
OF A COVERED HOSPITAL OR MEDICAL ENTITY OR OF A CORPORATION THAT
OWNS, OPERATES, OR CONTROLS, IN WHOLE OR IN PART, A COVERED HOSPITAL
OR MEDICAL ENTITY. THESE LIMITS SHALL APPLY TO ANY PERSON WHO
EXERCISES SUCH AUTHORITY EVEN IF THE ARRANGEMENTS FOR SUCH
AUTHORITY OR FOR COMPENSATION OR BOTH ARE PURSUANT TO A CONTRACT
OR SUBCONTRACT.
F.
COMPENSATION FOR WORK PERFORMED OR SERVICES PROVIDED AT OR
FOR A COVERED HOSPITAL OR MEDICAL ENTITY COUNTS TOWARD THE LIMITS
ESTABLISHED BY SUBSECTION A OF THIS SECTION EVEN IF MADE BY A
SEPARATE ENTITY. COMPENSATION THAT COUNTS TOWARDS THE LIMITS
ESTABLISHED BY SUBSECTION A OF THIS SECTION INCLUDES, BUT IS NOT
LIMITED TO, THE FOLLOWING:
1.
COMPENSATION THAT IS PURPORTED NOT TO BE FOR WORK PERFORMED
OR SERVICES PROVIDED AT OR FOR A COVERED HOSPITAL OR MEDICAL ENTITY

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BUT THAT IS DISPROPORTIONATE TO ITS PURPORTED PURPOSE SO AS TO EVADE

THE LIMITATIONS ESTABLISHED BY SUBSECTION A OF THIS SECTION.
2.
COMPENSATION THAT IS PAID BY ANY OF THE FOLLOWING:
(a)
THE COVERED HOSPITAL OR MEDICAL ENTITY.
(b)
THE CONTROLLING AUTHORITY OF THE COVERED HOSPITAL OR
MEDICAL ENTITY.
(c)
ANY PERSON, CORPORATION, PARTNERSHIP, LIMITED LIABILITY
COMPANY, TRUST OR OTHER ENTITY THAT IS CONTROLLED BY, OR IS
CONTROLLED BY THE SAME PERSON OR PERSONS AS, THE COVERED HOSPITAL
OR MEDICAL ENTITY OR A NONPROFIT OR FOR-PROFIT CORPORATION THAT
OWNS, OPERATES, OR CONTROLS, IN WHOLE OR IN PART, THE COVERED
HOSPITAL OR MEDICAL ENTITY.
(d)
ANY PERSON, CORPORATION, PARTNERSHIP, LIMITED LIABILITY
COMPANY, TRUST OR OTHER ENTITY THAT IS A SUPPORTING OR SUPPORTED
ORGANIZATION WITHIN THE MEANING OF SECTIONS 509(A)(3) AND 509(F)(3) OF
THE INTERNAL REVENUE CODE OF, IS A DISREGARDED ENTITY OF, OR WOULD
BE REQUIRED TO BE DESIGNATED AS A RELATED ORGANIZATION ON INTERNAL
REVENUE SERVICE FORM 990 (OR ITS ACCOMPANYING SCHEDULES OR THE
SUCCESSOR OF SUCH FORMS OR SCHEDULES) OF, THE COVERED HOSPITAL OR
MEDICAL ENTITY ORA NONPROFIT OR FOR-PROFIT CORPORATION THAT OWNS,
OPERATES, OR CONTROLS, IN WHOLE OR IN PART, THE COVERED HOSPITAL OR
MEDICAL ENTITY.
3.
COMPENSATION THAT IS PAID BY ANY PERSON, CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY, TRUST, OR ANY OTHER ENTITY
NOT DESCRIBED IN SUBSECTION F, PARAGRAPH 2 OF THIS SECTION THAT THE
COVERED HOSPITAL OR MEDICAL ENTITY PARTICIPATES IN, BELONGS TO, IS A
MEMBER OF, OR PAYS INTO, UNLESS THE PREPONDERANCE OF EVIDENCE
SHOWS THAT THE COMPENSATION WAS MADE FOR A DIFFERENT PURPOSE.
G.
ANY SCHEME ORARTIFICE INTENDED, IN WHOLE OR IN PART, TO A VOID
THE LIMITATION ESTABLISHED BY SUBSECTION A OF THIS SECTION SHALL
CONSTITUTE A VIOLATION OF THIS SECTION.
10-11273

REPORTING AND DISCLOSURE.

A.
WITHIN ONE HUNDRED AND EIGHTY DAYS OF THE CLOSE OF EACH
FISCAL YEAR, THE CONTROLLING AUTHORITY OF A COVERED HOSPITAL OR
MEDICAL ENTITY SHALL ENSURE THAT THE COVERED HOSPITAL OR MEDICAL
ENTITY POST ON ITS PUBLICLY AVAILABLE INTERNET WEBSITE WITH A
CONSPICUOUS AND BASILY UNDERSTOOD LINK TO THE REQUIRED
INFORMATION PLACED ON THE HOMEPAGE, AND PROVIDE TO ANY MEMBER OF
THE PUBLIC WITHIN 30 DAYS OF A REQUEST, THE FOLLOWING INFORMATION:
1.
THE NAMES, POSITIONS OR TITLES, AND TOTAL ANNUAL
COMPENSATION OF ALL PERSONS WHOSE PRIMARY DUTIES ARE EXECUTIVE,
MANAGERIAL, OR ADMINISTRATIVE AT OR FOR THE COVERED HOSPITAL OR
MEDICAL ENTITY AND WHO RECEIVED MORE THAN THE ANNUAL SALARY AND
EXPENSE ALLOWANCE OF THE PRESIDENT OF THE UNITED STATES AS SET

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FORTH IN SECTION 102 OF TITLE 3 OF THE UNITED STATES CODE IN TOTAL

ANNUAL COMPENSATION IN THAT FISCAL YEAR, AND THE SOURCES OF SUCH
COMPENSATION. THE INFORMATION PROVIDED SHALL INCLUDE A DETAILED
BREAKDOWN OF ALL WAGE AND NONWAGE COMPENSATION AND SHALL
IDENTIFY ANY BENEFIT OR REMUNERATION EXCLUDED FROM THE TOTAL
ANNUAL COMPENSATION UNDER SECTION 10-11271.
2.
THE NAMES, FORMER POSITIONS OR TITLES, AND COMPENSATION PAID
PURSUANT TO A SEVERANCE OR SIMILAR POST-EMPLOYMENT ARRANGEMENT
TO ALL PERSONS WHO RECEIVED MORE THAN THE ANNUAL SALARY AND
EXPENSE ALLOWANCE OF THE PRESIDENT OF THE UNITED STATES AS SET
FORTH IN SECTION 102 OF TITLE 3 OF THE UNITED STATES CODE IN TOTAL
SEVERANCE COMPENSATION IN THAT FISCAL YEAR AND WHO FORMERLY HAD
PRIMARY DUTIES AT OR FOR A COVERED HOSPITAL OR MEDICAL ENTITY THAT
WERE EXECUTIVE, MANAGERIAL, OR ADMINISTRATIVE, AND THE SOURCES OF
SUCH COMPENSATION. THE INFORMATION PROVIDED SHALL INCLUDE A
DETAILED BREAKDOWN OF ALL WAGE AND NONWAGE COMPENSATION AND
SHALL IDENTIFY ANY BENEFIT OR REMUNERATION EXCLUDED UNDER SECTION
10-11271.
3.
WITH RESPECT TO THE DISCLOSURES REQUIRED UNDER PARAGRAPHS 1
AND 2, THE COVERED HOSPITAL OR MEDICAL ENTITY SHALL ALSO IDENTIFY, BY
DATE, AMOUNT, AND DESCRIPTION, EVERY PENALTY, IF ANY, IMPOSED ON THE
CONTROLLING AUTHORITY FOR VIOLATION OF THIS CHAPTER.
B.
EACH CONTROLLING AUTHORITY OF A COVERED HOSPITAL OR MEDICAL
ENTITY SHALL, FOR EACH COVERED HOSPITAL OR MEDICAL ENTITY THAT IT
OWNS, OPERATES, OR CONTROLS, WITHIN ONE HUNDRED AND EIGHTY DAYS OF
THE CLOSE OF ITS FISCAL YEAR, FILE WITH THE ATTORNEY GENERAL AND
MAKE AVAILABLE TO ANY MEMBER OF THE PUBLIC UPON REQUEST AN ANNUAL
COMPENSATION DISCLOSURE SETTING FORTI-I THE INFORMATION DESCRIBED IN
SUBSECTION A OF THIS SECTION AND IDENTIFYING EACH ENTITY THAT HAS
PROVIDED COMPENSATION, IN ANY FORM, TO THE PERSONS IDENTIFIED
THEREIN AND THE AMOUNT OF SUCH COMPENSATION.
C.
THE CONTROLLING AUTHORITY OF A COVERED HOSPITAL OR MEDICAL
ENTITY SHALL APPROVE THE ANNUAL COMPENSATION DISCLOSURE BEFORE IT
IS SUBMITTED TO THE ATTORNEY GENERAL, AND THE REPORT SHALL STATE
THAT IT WAS SO APPROVED AND BE ATTESTED TO UNDER PENALTY OF PERJURY
BY AN AUTHORIZED REPRESENTATIVE OF THE COVERED HOSPITAL OR MEDICAL
ENTITY.
D.
EACH MEMBER OF THE CONTROLLING AUTHORITY (OR, IN THE CONTEXT
OF A CORPORATE ENTITY, EACH DIRECTOR OF THE CORPORATION) SHALL HAVE
A DUTY TO ACT IN GOOD FAITH AND WITH THE CARE AN ORDINARILY PRUDENT
PERSON IN A LIKE POSITION WOULD EXERCISE UNDER SIMILAR
CIRCUMSTANCES IN APPROVING THE ANNUAL COMPENSATION DISCLOSURE
AND IN ENSURING THAT THE CONTROLLING AUTHORITY COMPLIES WITH THE
REQUIREMENTS OF THIS CHAPTER.
E.
THE ATTORNEY GENERAL IS AUTHORIZED AND DIRECTED TO ESTABLISH
AND ASSESS FEES, TO BE SUBMITTED WITH EACH ANNUAL COMPENSATION
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ENFORCEMENT; CIVIL SANCTIONS AND PENALTIES.
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A.
LICENSURE. IN ADDITION TO ANY OTHER PENALTIES AVAILABLE UNDER
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THE LAW, A VIOLATION OF SECTION 10~11272, SUBSECTION A, SHALL
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CONSTITUTE GROUNDS UNDER SECTION R9~10~111 OF THE ARIZONA
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ADMINISTRATIVE CODE OR UNDER SECTION 36-427 TO IMPOSE SANCTIONS,
INCLUDING TO DENY, REVOKE, NOT RENEW, OR SUSPEND THE LICENSE TO
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OPERATE THE RELEVANT COVERED HOSPITAL OR MEDICAL ENTITY.
B.
DISSOLUTION. IN ADDITION TO ANY OTHER PENALTIES AVAILABLE
UNDER THE LAW, VIOLATION OF SECTION 10-11272, SUBSECTION A, SHALL, WITH
RESPECT TO THE CONTROLLING AUTHORITY OF THE COVERED HOSPITAL OR
MEDICAL ENTITY AT ISSUE, CONSTITUTE GROUNDS FOR ADMINISTRATIVE
DISSOLUTION UNDER SECTIONS 10-1420, 10-11420, OR 29-786; OR FOR JUDICIAL
DISSOLUTION UNDER SECTIONS 10-1430, 10-11430, 29-345, OR 29-785; OR FOR
REVOCATION UNDER SECTION 10-1530.
C.
CONSUMER FRAUD. IN ADDITION TO ANY OTHER PENALTIES AVAILABLE
UNDER THE LAW, VIOLATION OF SECTION 10-11272, SUBSECTION A, BY A
CONTROLLING AUTHORITY OF A COVERED HOSPITAL OR MEDICAL ENTITY
SHALL BE TREATED AS VIOLATION OF SECTION 44-1522. AN ACTION UNDER
SECTION 44-1522 TO ENFORCE THIS CHAPTER MAY BE BROUGHT BY THE
ATTORNEY GENERAL OR BY ANY PERSON ACTING FOR THE INTEREST OF
ITSELF, ITS MEMBERS, OR THE GENERAL PUBLIC. SUCH ACTIONS SHALL BE
SUBJECT TO THE FOLLOWING CONDITIONS:
1.
THE ATTORNEY GENERAL SHALL HAVB THE FULL AUTHORITY SET
FORTH IN TITLE 44, CHAPTER 10, ARTICLE 7 TO ENFORCE THE REQUIREMENTS OF
THIS CHAPTER AND TO REMEDY VIOLATIONS OF THIS CHAPTER, INCLUDING THE
POWERS SET FORTH IN SECTIONS 44-1524,44-1526,44-1527,44-1528,44-1530,44-1531,
AND 44-1532.
2.
THE SUPERIOR COURT SHALL HAVE THE JURISDICTION AND AUTHORITY
TO HEAR CASES AND GRANT RELIEF AS SET FORTH IN TITLE 44, CHAPTER 10,
ARTICLE 7, INCLUDING AS SET FORTH IN SECTIONS 44-1527,44-1528, 44-1530, 441531,44-1532.
3.
NOTWITHSTANDING SECTION 44-1534, IN ANY ACTION IN SUPERIOR
COURT, THE ATTORNEY GENERAL OR PLAINTIFF SHALL BE ENTITLED TO
RECOVER COSTS, INCLUDING REASONABLE ATTORNEY FEES AND EXPERT
WITNESS FEES.
4.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, AN ACTION MAY BE
BROUGHT PURSUANT TO THIS SUBSECTION BY ANY PERSON ACTING FOR THE
INTEREST OF ITSELF, ITS MEMBERS, OR THE GENERAL PUBLIC, REGARDLESS OF
WHETHER THE DEFENDANT HAS ACQUIRED MONEY OR PROPERTY FROM
PLAINTIFF BY MEANS OF THE ALLEGED UNLAWFUL PRACTICE. BEFORE FILING
SUCH AN ACTION, A PERSON ACTING FOR THE INTEREST OF ITSELF, ITS
MEMBERS, OR THE GENERAL PUBLIC SHALL GIVE WRITTEN NOTICE TO THE
ATTORNEY GENERAL OF THE ALLEGED VIOLATION AND THE INTENT TO BRING
10~11274

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SUIT. IF THE ATTORNEY GENERAL COMMENCES A CIVIL ACTION FOR THE SAME
ALLEGED VIOLATION WITHIN SIXTY DAYS OF RECEIVING THE NOTICE, A.
SEPARATE PRIVATE CIVIL ACTION SHALL BE BARRED.
5.
NOTWITHSTANDING SECTION 44-1531, IF A COURT FINDS THAT ANY
PERSON HAS VIOLATED SECTION 10-11272, SUBSECTION A, THE COURT MAY,
UPON PETITION, IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED
THOUSAND DOLLARS. THE CIVIL PENALTY AWARDED UNDER THIS SECTION
SHALL BE DEPOSITED IN THE ARIZONA HEALTH CARE COST CONTAINMENT
SYSTEM FUND ESTABLISHED BY SECTION 36-2913.
6.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, A CONTROLLING
AUTHORITY'S LIABILITY SHALL, IF ESTABLISHED, BE JOINT AND SEVERAL
AMONG EVERY COMPONENT OF THE CONTROLLING AUTHORITY.
D.
ADMINISTRATIVE ENFORCEMENT BY THE ATTORNEY GENERAL. IN
ADDITION TO ANY OTHER PENALTIES AVAILABLE UNDER THE LAW, TO
PROMOTE THE PURPOSES OF THIS CHAPTER, THE ATTORNEY GENERAL MAY
IMPOSE CIVIL PENALTIES FOR VIOLATION OF THIS CHAPTER OF UP TO A
MAXIMUM OF TEN THOUSAND DOLLARS FOR EACH VIOLATION OF SECTION 1011272, SUBSECTION A AND UP TO A MAXIMUM OF ONE THOUSAND DOLLARS FOR
EACH VIOLATION OF ANY OTHER PROVISION OF THIS CHAPTER. THE
IMPOSITION OF SUCH PENALTIES SHALL BE SUBJECT TO HEARINGS AND OTHER
PROCEDURES AS PROVIDED IN TITLE 41, CHAPTER 6, ARTICLE 10. THE CIVIL
PENALTY AWARDED UNDER THIS SECTION SHALL BE DEPOSITED IN THE
ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM FUND ESTABLISHED BY
SECTION 36-2913. THE LEGISLATURE MAY AMEND THIS MEASURE BY
INCREASING THE PENALTIES PROVIDED FOR IN THIS SECTION.
E.
IN ADDITION TO ANY OTHER ENFORCEMENT ACTIONS AVAILABLE
UNDER THE LAW, THE ATTORNEY GENERAL OR ANY PERSON ACTING ON
BEHALF OF ITSELF, ITS MEMBERS, OR THE GENERAL PUBLIC MAY BRING OR
INTERVENE IN A CIVIL ACTION FOR A VIOLATION OF THIS CHAPTER FOR
AUTHORIZED CIVIL PENALTIES AND APPROPRIATE EQUITABLE RELIEF. THE
FOLLOWING PROVISIONS SHALL APPLY TO ANY SUCH ACTION:
1.
AUTHORIZED CIVIL PENALTIES SHALL BE THE PENALTIES SET FORTH IN
SUBSECTION D OF THIS SECTION.
2.
APPROPRIATE EQUITABLE RELIEF MAY INCLUDE, BUT IS NOT LIMITED
TO:
(a)
DISSOLUTION OF THE CONTROLLING AUTHORITY OR ANY PART OF
THEREOF;
(b)
REVOCATION OF THE TAX EXEMPT STATUS, IF ANY, OF TBE
CONTROLLING AUTHORITY OR ANY PART THEREOF UNDER SECTION 43-1201;
AND
(c)
APPOINTMENT BY THE ATTORNEY GENERAL OF A PERSON TO SERVE AS
THE ATTORNEY GENERAL'S REPRESENTATIVE ON THE BOARD OF DIRECTORS OF
ANY NONPROFIT CORPORATION THAT OWNS, OPERATES, OR CONTROLS, IN
WHOLE OR IN PART, A COVERED HOSPITAL OR MEDICAL ENTITY, PURSUANT TO
THE PROCEDURES AND CONDITIONS PRESCRIBED IN SECTION 10-11275,
SUBSECTION C, PARAGRAPH 2.

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IN THE EVENT A NONPROFIT CORPORATION SEEKS TO CHANGE ITS
STATUS TO A FOR-PROFIT CORPORATION AFTER REVOCATION OF ITS TAX
EXEMPT STATUS, THE CORPORATION SHALL BE REQUIRED TO DISTRIBUTE ALL
OF ITS CHARITABLE ASSETS IN ACCORDANCE WITH ITS CHARITABLE PURPOSES
WITH THE APPROVAL OF THE ATTORNEY GENERAL AND IN ACCORDANCE WITH
SECTION 10-11253, AND SHALL COMPLY WITH ALL OTHER REQUIREMENTS
APPLICABLE to THE DISPOSITION OF A MAJORITY OF A NONPROFIT
CORPORATION'S ASSETS.
4.
A PREVAILING PLAINTIFF IN ANY ACTION UNDER TI-llS SUBSECTION IS
ENTITLED TO RECOVER REASONABLE ATTORNEY FEES AND COSTS, INCLUDING
BUT NOT LIMITED TO EXPERT WITNESS FEES.
5.
BEFORE FILING AN ACTION UNDER THIS SUBSECTION, A PERSON ACTING
ON BEHALF OF ITSELF, ITS MEMBERS, OR THE GENERAL PUBLIC SHALL GIVE
WRITTEN NOTICE TO THE ATTORNEY GENERAL OF THE ALLEGED VIOLATION
AND THE INTENT TO BRING SUIT. IF THE ATTORNEY GENERAL COMMENCES A
CIVIL ACTION FOR THE SAME ALLEGED VIOLATION WITHIN SIXTY DAYS OF
RECEIVING THE NOTICE, A SEPARATE PRIVATE CIVIL ACTION SHALL BE BARRED.
NON-PROFIT HOSPITALS AND CONTROLLING AUTHORITIES;
10-11275
ENFORCEMENT; ADDITIONAL REQUIREMENTS; CIVIL SANCTIONS AND
PENALTIES

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A.
THIS SECTION SHALL APPLY TO A COVERED HOSPITAL OR MEDICAL
ENTITY THAT IS A NON-PROFIT ORGANIZATION OR IS OPERATED OR OWNED BY
A CONTROLLING AUTHORITY ANY PART OF WHICH IS A NON-PROFIT
ORGANIZATION.
B.
IN ORDER TO QUALIFY FOR AND MAINTAIN ITS TAX EXEMPTION UNDER
SECTION 43-1201, THE COVERED HOSPITAL OR MEDICAL ENTITY, ORA
CONTROLLING AUTHORITY OF A COVERED HOSPITAL OR MEDICAL ENTITY ANY
PART OF WHICH IS A NON-PROFIT ORGANIZATION, SHALL COMPLY WITH THIS
CHAPTER.
C.
ADMINISTRATIVE ENFORCEMENT BY THE ATTORNEY GENERAL. IN
ADDITION TO ANY OTHER PENALTIES AVAILABLE UNDER THE LAW, TO
PROMOTE THE PURPOSES OF THIS CHAPTER, THE ATTORNEY GENERAL HAS THE
FOLLOWING AUTHORITY:
1.
FOR THE PURPOSE OF PROMOTING COMPLIANCE WITH THIS CHAPTER,
THE ATTORNEY GENERAL MAY INVESTIGATE THE AFFAIRS OF AND EXAMINE
THE BOOKS, ACCOUNTS, RECORDS AND FILES OF THE COVERED HOSPITAL OR
MEDICAL ENTITY.
2.
THE ATTORNEY GENERAL MAY APPOINT ANY PERSON TO SERVE AS THE
ATTORNEY GENERAL'S REPRESENTATIVE ON THE BOARD OF DIRECTORS OF ANY
NONPROFIT CORPORATION THAT OWNS, OPERATES, OR CONTROLS, IN WHOLE
OR IN PART, A COVERED HOSPITAL OR MEDICAL ENTITY, THAT HAS BEEN
FOUND TO HAVE VIOLATED SECTION 10-11272, SUBSECTION A, PURSUANT TO
THE HEARINGS AND OTHER PROCEDURES AS PROVIDED IN TITLE 41, CHAPTER 6,

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ARTICLE 10. SUCH APPOINTMENTS SHALL BE SUBJECT TO THE FOLLOWING

CONDITIONS:
(a)
THE APPOINTEE SHALL HAVB ALL THE RIGHTS, POWERS, AND DUTIES AS
OTHER MEMBERS OF THE BOARD OF DIRECTORS. THE APPOINTEE SHALL SERVE
ON THE BOARD OF DIRECTORS UNTIL THE ATTORNEY GENERAL REASONABLY
DETERMINES THAT THE APPOINTEE'S CONTINUED SERVICE IS NO LONGER
NECESSARY TO ENSURE THE NONPROFIT CORPORATION'S COMPLIANCE WITH
THIS CHAPTER.
ATNO TIME SHALL MORE THAN ONE PERSON SERVE AS A
(b)
REPRESENTATIVE OF THE ATTORNEY GENERAL ON ANY BOARD BASED ON THE
NONPROFIT CORPORATION'S NON-COMPLIANCE WITH THIS CHAPTER.
(c)
A NONPROFIT CORPORATION MAY PETITION THE ATTORNEY GENERAL
TO REMOVE A PERSON APPOINTED TO THE BOARD OF DIRECTORS PURSUANT TO
THIS PARAGRAPH. THE ATTORNEY GENERAL SHALL GRANT THE PETITION IF
THE APPOINTMENT IS NO LONGER REASONABLY NECESSARY TO ACHIEVE THE
PURPOSES OF THIS CHAPTER. THE ATTORNEY GENERAL MAY PROMULGATE
REGULATIONS GOVERNING THE PROCESSING AND APPROVAL OR DENIAL OF
SUCH PETITIONS.
(d)
THIS PARAGRAPH SHALL NOT APPLY TO A CORPORATION ORGANIZED
PRIMARILY FOR RELIGIOUS PURPOSES.

Sec. 4.

Section 44-6561, Arizona Revised Statutes, is amended to read:

44-65 61. Unlawful acts or practices; violation; classification; civil penalty

A. The following acts and practices are unlawful as applied to the planning, conduct or execution
of a solicitation and constitute unlawful practices under section 44-1522 that the attorney general
may investigate and for which the attorney general may take appropriate action as prescribed by
chapter 10, article 7 of this title:
1. Knowingly using an emblem, device or printed matter belonging to or associated with a
charitable organization without first being authorized in writing to do so by the charitable
organization.
2. Knowingly using a name, symbol or statement so closely related or similar to that used by
another charitable organization for the purpose of misleading a solicited person.
3. Knowingly making a misrepresentation to a person that the person on whose behalf a
solicitation is being conducted is a charitable organization.
4. Knowingly making a representation to a person that another person sponsors, endorses or
approves the solicitation if the other person has not given consent in writing to the use of that
person's name for these purposes.

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5. Knowingly failing to post in a clear and conspicuous manner at a location in which a

charitable organization or other business entity receives donated items for the purpose of
reselling the items to financially benefit a charitable organization one of the following
statements:
(a) This collection site is owned by [name of charity], a charitable organization. Donated items
received at this location will support the charitable mission of [name of charity].
(b) This collection site is owned by [name of company], a for~profit company. Donated items
received at this location will be sold by [name of company] with a portion of the proceeds
benefiting [name of charity].
6. KNOWINGLY MAKING A MISREPRESENTATION TO ANY PERSON THAT A
CHARITABLE ORGANIZATION ON WHOSE BEHALF A SOLICITATION IS BEING
CONDUCTED IS IN COMPLIANCE WITH CHAPTER 35.2 OF TITLE 10.
B. A contracted fund raiser who knowingly conducts any act or practice proscribed in subsection
A of this section is guilty of a class 6 felony.
C. An independent solicitor who knowingly conducts any act or practice proscribed in subsection
A of this section is guilty of a class 1 misdemeanor.
D. In addition to the criminal offenses provided in subsections B and C of this section, if a
person conducts an act or practice proscribed in subsection A of this section, the attorney general
may recover from the person on behalf of the state a civil penalty of not more than one thousand
dollars per violation. EXCEPT WITH RESPECT TO A VIOLATION OF SUBSECTION A,
PARAGRAPH 6 OF THIS SECTION, THE civil penalty prescribed by this subsection is in lieu
ofthe penalty prescribed by section44~1531. FORA VIOLATION OF SUBSECTION A,
PARAGRAPH 6 OF TI-IIS SECTION, THE ATTORNEY GENERAL MAY RECOVER FROM
THE PERSON ON BEHALF OF THE STATE THE CIVIL PENALTY PROVIDED IN
SECTION 44~1531, IN ADDITION TO ANY OTHER AVAILABLE PENALTIES.
E. For the purposes of subsection A, paragraph 5 of this section, an entity owns a collection site
if the entity receives at least fifty~one per cent of the proceeds generated by the retail sale of the
donated items received at the collection site.
Sec. 5 Severability
If a provision of this act or its application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of this act are
severable.
Sec. 6. Conforming legislation
A. The legislative council staff shall prepare proposed legislation conforming the Arizona
Revised Statutes to the provisions of this measure for consideration in the fifty~third legislature,
first regular session.

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B. Notwithstanding subsection A of this section, the executive director oflegislative council may
blend nonconflicting changes made by the legislature with the changes in the measure.
C. The legislature may make technical and conforming changes to any section of this measure in
furtherance of its purpose, subject to article IV, part 1, section 1, Constitution of Arizona.

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Exhibit B

1111111111111111111111111111
0000352279
~ Initial Registration
D Amended Statement
~ Out of State Committee
D Standing Political Commtttee

STATE OF ARIZONA
POLITICAL COMMITTEE
STATEMENT OF ORGANIZATION

. 2016 FEB 12 Pr1 I: 06

COMMITTEE ID NUMBER

Titles 16 & 19, Arizona Revised Statutes

Definitions, statutorY references and Important information on page 2.

201600449

DATE
NAME OF POLITICAL COMMITTEE (For ballot measure committee, name shall include official petition serial number)
HOSPITAL ACCOUNTABILITY AND QUALITY CARE, SPONSORED BY SBU UNITED HEALTHCAREWORKERS WES' 02(10/2016
TYPE OF COMMITTEE
SUPPORT/OPPOSE(BA.LLOT MEASURE)

BALLOT MEASURE
NONE EXISTS YET

COMMITIEE ADDRESS
777 S. FIGUEROA ST., STE 4050

CITY
LOSANGaES

STATE
CA

ZIP
90017

COMMITTEE MAILING ADDRESS (If different from above)

777 S FIGUEROA ST STE4050

CITY
LOSANGaES

STATE
CA

ZIP
90017

COMMITTEE TELEPHONE#
(213) 452-6565

COMMITTEE FAX#
(213) 452-6575

DOPPOSE

!XSUPPORT

COMMITTEE EMAIL ADDRESS

JGUARD@KAUFMANLEGALGROUP.COM

NAME OF SPONSORING ORGANIZATION (if applicable)

SS:WICE EMPLOYEES INTERNATIONAL UNION UNITED HEALTHCAREWORKERS WE

TYPE OF ORGANIZATION
LABOR UNION

ADDRESS OF SPONSORING ORGANIZATION

5480 FERGUSON DR LOS ANGaES CA 90022

RELATIONSHIP TO POLITICAL COMMITTEE

SPONSORING ORGANIZATION

EACH POLITICAL COMMITTEE SHALL HAVE A CHAIRMAN AND TREASURER. THE POSITION OF CHAIRMAN AND TREASURER OF A
SINGLE POLITICAL COMMITTEE MAY NOT BE HELD BY THE SAME INDIVIDUAL, EXCEPT THAT A CANOl DATE MAY BE CHAIRMAN AND
TREASURER OF HIS OR HER OWN CAMPAIGN COMMITTEE. A.R.S. 16-902(A).
NAME OF COMMITIEE CHAIRMAN
CASS GUALVEZ

CHAIRMAN'S TELEPHONE#
(213) 452-6565

CHAIRMAN'S FAX#
(213) 452-6575

CHAIRMAN'S ADDRESS
5480 FERGUSON DR

CITY
LOSANGaES

STATE
CA

CHAIRMAN'S OCCUPATION
ORGANIZING DIRECTOR

I CHAIRMAN'S EMPLOYER

ZIP
90022

II CHAIRMAN'S EMAIL ADDRESS

SEIU UNITED HEALTHCAREWORKER.S WESl

CGUALVEZ@SEIU-UHW.ORG

NAME OF COMMITTEE TREASURER

ARIANNA JIMENEz

TREASURER'S TELEPHONE#
(213) 452-6565

TREASURER'S FAX#
(213) 452-6575

TREASURER'S ADDRESS
5480 FERGUSON DR

CITY
LOSANGaES

STATE
CA

TREASURER'S OCCUPATION
POLITICAL DIRECTOR

TREASURER'S EMPLOYER
SEIU UNITED HEALTHCAREWORKER.S WES'

ZIP
90022

ITREASURER'S EMAIL ADDRESS

AJIMENEZ@SEIU-UHVII.ORG

LIST THE NAMES OF ALL FINANCIAL iNSTITUTIONS WITH WHICH THE COMMITTEE MAINTAINS ACCOUNTS OR SAFETY DEPOSIT BOXES.
(Do not list account numbers.)
1'

CALIFORNIA BANKANDTRUST

13.

12.

FORA CANDIDATE'S CAMPAIGN COMMITTEE ORAN EXPLORATORY COMMITTEE, PROVIDE THE FOLLOWING INFORMATION:
(For Exploratory Committees party affiliation and office sought are optional.)
ELECTION CYCLE

NAME OF CANDIDATE OR DESIGNATING INDIVIDUAL ("01")

CANDIDATE OR Oil'S TELEPHONE#

CANDIDATE OR Oil'S FAX#

CITY

CANOl DATE OR Oil'S ADDRESS

CANDIDATE OR D/I'S EMAIL ADDRESS

IPARTY AFFILIATION
PAGE 1 of2

I COUNTY OF RESIDENCE
STATE

I ;?.IP

I OFFICE SOUGHT
Office""''"" 06115

Exhibit C

F?ECE I VED
'S FCR0

STATE OF ARIZONA
POLITICAL COMMITTEE
STATEMENT OF ORGANIZATION

1111111111111111111111111111
0000352995

D Initial Reglstratlon
1)0 Amended Statement
1)0 Out of Slate Committee
D Standing Political Committee

,\ 1\ T' 0 F S L\ r E .

2016FEB29 F:N 2: 20

COMMITTEE 10 NUMBER
llUes 16 & 19, Arizona Revised Statutes
Definitions statutory references and ImPOrtant Information on page
NAME OF POLITICAL COMMITIEE (For ballot measure committee, name shall Include official petition serial number)
DATE
HOSPITAL ACCOUNTABILITY AND QUALITY CARE, SPONSORED BY SBU UNITBl HE'ALTHCARE WORKERS WES' 0212312016

2.

201600449

TYPE OF COMMITTEE
SUPPORT/OPPOSE (BALLOT MEASURE)

tXSUPPORT DOPPOSE
BALLOT MEASURE
HOSPITAL ACCOUNTABILITY AND QUALITY CARE SPC

COMMITTEE ADDRESS
777 S, FIGUEROA ST., STE. 4050

CITY
LOSANGaES

STATE
CA

ZIP
90017

COMMITTEE MAILING ADDRESS (If different from above)

S FIGUEROA ST STE4050

CITY
LOSANGaES

STATE
CA

ZIP
90017

COMMITTEE TELEPHONE#
(213) 452-6565

ICOMMITTEE EMAIL ADDRESS

ICOMMITIEE FAX#

JGUARD@KAUFMANLEGALGROUP.COM

(213) 4526575

NAME OF SPONSORING ORGANIZATION (If applicable)

SERVICE EMPLOYEES INTERNATIONAL UNION UNITB:l HEALTHCAREWORKERS WE

TYPE OF ORGANIZATION
LABOR UNION

ADDRESS OF SPONSORING ORGANIZATION

5480 FERGUSON DR LOS ANGaES CA 90022

RELATIONSHIP TO POLITICAL COMMITTEE

SPONSORING ORGANIZATION

EACH POLITICAL COMMITTEE SHALL HAVE A CHAIRMAN AND TREASURER. THE POSITION OF CHAIRMAN AND TREASURER OF A
SINGLE POLITICAL. COMMITTEE MAY NOT BE HELD BY THE SAME INDIVIDUAL, EXCEPT THAT A CANOl DATE MAY BE CHAIRMAN AND
TREASURER OF HIS OR HER OWN CAMPAIGN COMMITTEE. AR.S. 16..g02(A).
NAME OF COMMIITEE CHAIRMAN
CASS GUALVEZ

CHAIRMAN'S TELEPHONE#
(213) 4526565

CHAIRMAN'S FAX#
(213) 4526575

CHAIRMAN'S ADDRESS
5480 FERGUSON DR

CITY
LOSANGaES

STATE
CA

CHAIRMAN'S OCCUPATION
ORGANIZING DIRECTOR

I CHAIRMAN'S EMPLOYER

ZIP
90022

II CHAIRMAN'S EMAIL ADDRESS

SSU UNIT8J HE'ALTHCAREWORI<ERS WESl

CGUALVEZ@SBIJ.UHW.ORG

NAME OF COMMIITEE TREASURER

ARJANNA JIMENEZ

TREASURER'S TELEPHONE#
(213) 452.6565

TREASURER'S FAX#
(213) 4526575

TREASURER'S ADDRESS
5480 FERGUSON DR

CITY
LOSANGaES

STATE
CA

TREASURER'S OCCUPATION
POLITICAL DIRECTOR

ITREASURER'S EMPLOYER

ZIP
90022

ITREASURER'S EMAIL ADDRESS

SBU UNITBJ HEALTHCARE WORKERS WES'

AJIMENEZ@SBUUHW.ORG

UST THE NAMES OF ALL FINANCIAL INSTITUTIONS WITH WHICH THE COMMllTEE MAINTAINS ACCOUNTS OR SAFETY DEPOSIT BOXES.
(Do not list account numbers.)

1.
CALIFORNlA BANK AND TRUST

12.

13.

FOR A CANDIDATE'S CAMPAIGN COMMITT!:E OR AN EXPLORATORY COMMITTEE, PROVIDE THE FOLLOWING INFORMATIONi
(For Exploratory Committees party affiliation and office sought are optional.)
NAME OF CANDIDATE OR DESIGNATING INDIVIDUAL ("DI")
CANDIDATE OR Oil'S TELEPHONE#

ELECTION CYCLE

ICANDIDATE OR Oil'S FAX#

CANDIDATE OR Oil'S ADDRESS

CANDIDATE OR D/t'S EMAIL ADDRESS

I COUNTY OF RESIDENCE

CITY

I PARTY AFFILIATION
PAGE 1 of2

STATE

OFFICE SOUGHT

ZIP

Committee ID: 201600449

Date:

02/23/2016

Form ID:

0000352995

STATE OF ARIZONA
POLITICAL COMMITTEE
STATEMENT OF ORGANIZATION

YOUR APPLICATION IS NOT COMPLETE WITHOUT

All commltlees require the signature of both the chairman and treasurer. Standing Committees, see BOX 3 below,

BOX 1

..

THE REQUIRED SIGNATURES BELOW:

CHAIRMAN'S AND TREASURER'S STATEMENT: We, the undersigned chairman and treasurer, have read all of the applicable laws relat lng to
campaign finance and reporting and have examined the Information contained in this statement o _ rganizaUon and, to the bes t of our
knowledge and belief, It is true, correct and complete
Date:
Date:

~~i3

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1.-- '2--~ -\ \o

BOX 2

Chairman's signature: -f-I-~S'f-jl;p.--J44t--*-~~~:..---

Treasurer's signature: ~---lo~~~~:;..__,.,._~~-..,...==::.....:~

Complete and sign this additional box only If the committee Is a candidate's oampa gn committee or exploratory committee.

DESIGNATING INDIVIDUAL OR CANDIDATE'S STATEMENT: I authorize the above named political committee as my political committee to
receive contributions and make expenditures on my behalf.
Date:

BOX 3

Oil's or Candidate's s i g n a t u r e : - - - - - - - - - - - - - -

complete and notarize this box only If the committee has been In existence for more than one year and Is filing for Standing Committee status.

STANDING POLmCAL COMMITTEE'S STATEMENT (If applicable) (A.R.S. 16 -902.01): 1/we hereby declare the status of this political
committee as a standing political committee.
D a t e : - - - - - - Chairman's s i g n a t u r e : - - - - - - - - - - - - - - - - - - D a t e : - - - - - - Treasurer's s i g n a t u r e : - - - - - - - - - - - - - - - - - - State of Arl:z:ona

)
) ss.
County of _ _ _ _ _ _ _ _ )

State of Arl:z:ona

SUBSCRIBED AND SWORN TO before me t h i s - - - - - -

SUBSCRIBED AND SWORN TO before me t h i s - - - - - - -

)
)ss.
County of _ _ _ _ _ _ _ _ )

My Commission Expires:----Notary Public

My Commission Expires:---Notary Pub!lc

PAGE 2of2

Exhibit D

Petition Circulation
Training Guide

February 2016

Arizona Secretary of State's Office

Election Services Division
1700 W. Washington St., 7th Floor
Phoenix, Arizona 85007

Petition Circulation - Training Guide

MICHELE REAGAN
Secretary ~State
State of Jldzona
An Introduction from Secretary of State Michele Reagan
Circulating a statewide initiative, referendum or recall petition is a vitally
important tool of direct democracy; however, petition circulation has become
increasingly regulated in recent years. The law has sought to strike a balance
between ease of circulation and safeguarding the integrity of the process.
In order to meet the latter goal. each circulator of a statewide ballot measure is
required to read the enclosed training materials and acknowledge their receipt.
These materials explain the differences between initiatives, referenda and recall
petitions, who may circulate petitions, what makes a valid signature, and what
types of acts are prohibited.
Of course, all out-of-state circulators (even those circulating just candidate
petitions) must register with the Secretary of State's office as well. This manual
addresses some of those out-of-state circulator requirements; however, the
manual is primarily intended as training materials for persons that circulate
statewide ballot measure petitions, regardless of where they live.
Once you have read this manual. please complete the "Circulator Registration
Form" available at http://www.azsos.govI elections/requirements-paid-nonresident-circulators and submit it to the Secretary of State's office by emailing
the completed form to circulator@azsos.gov. The form is also appended to this
manual. Once you receive your automated confirmation from our office,
you are cleared to begin circulating petitions.
We wish you luck in your endeavors. Of course, please contact my office if
you have any questions.
Sincerely,

~L{ (JAC~ ~~6.66-~

MICHELE REAGAN
Arizona Secretary of State

Secretary of State

MICHELE R~AGAN

Department of State, Office of the Secretary of State

Election Services Division

Petition Circulation - Training Guide

TABLE OF CONTENTS
Chapter 1: Definitions of Initiative, Referendum and Recall ......................................................................................... 4
Initiative ................................................................................................................................................................................................................................. 4
Referendum ......................................................................................................................................................................................................................... 4
Recall ...................................................................................................................................................................................................................................... 4

Chapter 2: Circulators ............................................................................................................................................................................ S

Who May Circulate ......................................................................................................................................................................................................... 5
Registering with the State ............................................................................................................................................................................................. 5
Gathering Signatures ....................................................................................................................................................................................................... 5
Signature Withdrawal ..................................................................................................................................................................................................... 6

Chapter 3: Reasons for Rejection or Removal ........................................................................................................................ 7

Grounds for Rejection of Petition Signatures ..................................................................................................................................................... 7
Removal of Petition Signature Sheets ..................................................................................................................................................................... 7

Chapter 4: Prohibited Acts .................................................................................................................................................................. 8

Prohibited Acts ................................................................................................................................................................................................................... 8
Training Materials Receipt Example ....................................................................................................................................................................... 9

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Department of State, Office of the Secretary of State

Election Services Division

Secretary of State

MICHELE R~AGAN

..

Petition Circulation - Training Guide

Chapter 1: Definitions of Initiative, Referendum and Recall

Circulators may gather signatures for initiatives, referenda, or recall petitions. The following section
provides a general overview of each type of petition.

Initiative
Arizona voters may propose new laws, amend existing laws or propose constitutional amendments
through the initiative process. 1 Before signatures may be collected, an application for a petition serial
number, along with a one hundred word description and the complete text of the measure, must be filed
with the Secretary of State on a prescribed form. 2 An initiative petition must be filed 4 months prior to
the date of the general election at which the measure is to be voted upon. 3

Referendum
Any measure or part of any measure enacted by the legislature, except laws immediately necessary for the
preservation of the public peace, health, or safety, or for the support and maintenance of the departments
of state government, may be sent to the ballot for approval or rejection by the people. 4 An application
for a referendum petition serial number, along with a one hundred word description and a copy of the
measure, must be filed with the Secretary of State before the circulation of the petition. 5 A referendum
petition must be filed within 90 days of when the legislature adjourns sine die. o

Recall
Any public officer in the State of Arizona holding an elective office, either by election or appointment, is
subject to recall by the voters of the electoral district in which the public officer holds office. 7 A member
of the legislature may be recalled at any time after five days from the beginning of the first legislative
session after election. All other officers may be recalled after six months in office. 8 An application for a
recall petition serial number, along with a two hundred word statement on the grounds of the recall, must
be filed with the Secretary of State before circulation of the petition. 9

Ariz. Const. art. IV, Pt. 1, 1. Statutory initiatives require signatures equal to at least 10% of all votes
recently cast for Governor, whereas 15% are required for a constitutional amendment. Ariz. Const. art IV,
Pt. 1 2 & 7.
2
A.R.S. 19-111(A).
3
Ariz. Const. art. IV, Pt. 1, 1.
4
Ariz. Const. art. IV, Pt. 1, 1. Referenda require signatures of at least 5% of all votes recently cast for
~overnor. Ariz. Const. art. IV, Pt. 1, 3 & 7.
A.R.S. 19-111(A).
6
Ariz. Const. art IV, Pt. 1, 3-4.
7
Ariz. Const. art. VIII, Pt. 1, 1; A.R.S. 19-201(A). Recall petitions require at least 25% of all votes
recently cast for the office in question. Ariz. Const. art VIII, Pt. 1, 1.
8
A.R.S. 19-202.
9
A.R.S. 19-203.
Department of State, Office of the Secretary of State
Election Services Division

Petition Circulation - Training Guide

Chapter 2: Circulators
A circulator is a person who seeks to place a measure on the ballot and collects the signatures of qualified
electors who are interested in signing the petition.
A circulator may be paid or volunteer, and must so indicate on the petition prior to circulation. 10 If this
is not completed, the signatures obtained on that particular sheet are considered voidY
A paid circulator is a person who receives compensation based on the number of signatures obtained on a
petition or on the number of petitions circulated. 12 A volunteer circulator is a person who does not
receive compensation for circulating petitions.

Who May Circulate

Any person who is qualified to register to vote in Arizona may circulate petitions. 13 Additionally, any
person who is not a resident of this state, but is (1) otherwise qualified to register to vote in Arizona and
(2) registered as a circulator with the Secretary of State, may circulate petitions as well. 14 However, a
county recorder or justice of the peace may not circulate petitions even if a qualified elector. 15
Registering with the State
Circulators who are not residents of this state must satisfy the following requirements when registering
with the Secretary of State:
Provide his/her name, residential address, telephone number, and e-mail address.
Consent to the jurisdiction of Arizona courts in resolving any disputes concerning the circulation
of petitions by that circulator. 16
Designate an address in Arizona at which the circulator will accept service of process related to
disputes concerning circulation of that circulator's petitions. 17
Indicate the circulating organization which he/she may be employed.
Indicate which petition is being circulated by listing the serial number.
Sign the circulator registration form under penalty of perjury that the information provided is
true, complete, and correct.

Gathering Signatures
Every qualified elector signing a petition must do so in the presence of the person who is circulating the
petition (i.e., the circulator must personally witness each collected signature). The petition circulator must
then execute the affidavit of verification on the back of the petition, swearing before a notary public, that
all of the following are true:

10

A.R.S. 19-101(C) & 19-102(C)-(D).

A.R.S. 19-1 02(E).
12
A.R.S. 19-118(F)(1) & (2). A paid circulator does not include a paid employee of a political committee
unless that employee's primary responsibility is circulating petitions.
13
A.R.S. 19-114(A); A.R.S. 19-112(C).
14
A.R.S. 19-118(A); A.R.S. 19-112(0).
15
A.R.S. 19-114(A); A.R.S. 19-205.02.
16
A.R.S. 19-118(B)(1).
17
A.R.S. 19-11
11

Department of State, Office of the Secretary of State

Election Services Division

Petition Circulation - Training Guide

At the time of the signing, each name on the sheet was signed, and the name and address were
printed, by the elector and the circulator on the date indicated. 18
In his/her belief each signer was a qualified elector of a certain county of the state, or, in the case
of a city, town, or county measure, of the city, town or county affected by the measure on the date
indicated.
At all times during circulation of the signature sheet, a copy of the title and text was attached to
the signature sheet. 19
When approaching an individual to sign a petition, the circulator should:
Read or summarize the warning that appears at the top of the petition. 20
Ask the signer to print clearly in black or blue ink
Ask the signer to complete all portions of the signature line (i.e., signature, printed first and last
name, residence address, and date signed). 21
When approaching an individual to sign a petition, the circulator should not:
Sign for the individual or allow any other individual to complete any portion of the signature line
unless in the presence of. and at the request of, a person who is incapable of signing or printing
his/her own name because of physical infirmity. 22
Allow the individual to sign the same petition twice. 23
Allow a post office box to serve as the individual's residence address. 24
Signature Withdrawal
A person who has signed a petition may withdraw his/her signature from the petition not later than 5:00
p.m. on the date the petition containing the person's signature is actually submitted for verification. 25 To
withdraw a petition signature, a person may do any of the following:

Verify the withdrawal by signing a simpk statement of intent to withdraw at the office of the
Secretary of State or local filing officer.
Mail a signed, notarized statement of intent to withdraw to the filing officer.
Draw a line through the signature and printed name on the petition. 26

18

Only the qualified elector may print his/her first and last name and other information. A.R.S. 19112(A).
19
A.R.S. 19-112(C).
20
A.R.S. 19-1 02(A). "This is only a description of the proposed measure (or constitutional amendment)
prepared by the sponsor of the measure. It may not include every provision contained in the measure.
Before signing, make sure the title and text of the measure are attached. You have the right to read or
examine the title and text before signing."
21
A.R.S. 19-112(A).
22
A.R.S. 19-115(B).
23
A.R.S. 19-115(B).
24
A.R.S. 19-112(A). The signer must provide his/her residence address, giving street name and number,
and if he/she does not have a street address, a description of his/her residence.
25
A.R.S. 19-113(A).
26
A.R.S. 19-113(B).
Department of State, Office of the Secretary of State
Election Services Division

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Petition Circulation - Training Guide

Chapter 3: Reasons for Rejection or Removal

Grounds for Rejection of Petition Signatures
The following may be grounds for rejection of petition signatures:

Non-Qyalified Elector: If an individual who is not a qualified elector signs a petition he/she is not
legally entitled to vote upon, the petition signature may be rejected. 27
Circulated by County Recorder or Justice of the Peace: No county recorder or justice of the peace
may circulate a petition. All signatures verified by any such person shall be void and shall not be
counted in determining the legal sufficiency of the petition. 28

Signatures Obtained Prior to Statement of Organization: Signatures obtained prior to the filing of a
political committee's statement of organization, or prior to the filing of the five hundred dollar
threshold exemption statement, are void and shall not be counted in determining the legal
sufficiency of the petition. 29

Missing Iriformation: First and last name, signature, residence address or description of residence
location, and date on which the petition was signed must all be present for a petition signature to
count. 30
Excess Signatures. Signatures in excess of fifteen signatures per sheet are not counted. 31
Withdrawn Signatures. Signatures withdrawn pursuant to

19-113 are not counted. 32

Improperly Printed Information: Signatures for which the Secretary of State determines that the

circulator has printed the elector's name or information in violation of 19-112 are not counted. 33

Removal of Petition Signature Sheets

The Secretary of State must remove:
Sheets not attached to a copy of the complete title and text of the measure.
Sheets not bearing the correct petition serial number in the lower right-hand corner of each side.
Sheets containing a circulator's affidavit that is not completed, not signed, or that has been
modified.
Sheets on which the affidavit of the circulator is not notarized, the notary's signature are missing,
the notary's commission has expired, or the notary's seal is not afflxed.
Sheets on which the signatures of the circulator or the notary are dated earlier than the dates on
which the electors signed the face of the petition sheet.
Sheets that are circulated by a circulator who is prohibited from participating in any election,
initiative, referendum or recall campaign pursuant to 19-119.01.
Sheets on which the circulator is required to be registered with the Secretary of State pursuant to
A.R.S. 19-118, and the circulator was not properly registered at the time the petitions were
circulated. 34
27

A.R.S. 19-115; A.R.S. 19-121.02(A)(5); A.R.S. 19-205.02; A.R.S. 19-208.02(A).

A.R.S. 19-114(A); A.R.S. 19-205.02.
29
A.R.S. 19-114(B).
30
A.R.S. 19-121.01(A)(3)(b) & (c); A.R.S. 19-208.01(A).
31
A.R.S. 19-121.01(A)(3)(d); A.R.S. 19-208.01(A).
32
A.R.S. 19-121.01(A)(3)(e); A.R.S. 19-208.01(A).
33
A.R.S. 19-121.01(A)(3Xf); A.R.S. 19-112(A); A.R.S. 19-208.01(A).
34
A.R.S. 19-121.01(A)
28

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Petition Circulation - Training Guide

Chapter 4: Prohibited Acts

Prohibited Acts
The following acts may be punishable by fine or imprisonment under Arizona law:

Signing Petition for Profit. Any person who knowingly gives or receives money or any other thing
of value for signing an initiative, referendum or recall petition, excludin~ payments made to a
person for circulating such petition, is guilty of a class 1 misdemeanor. 3
Signingfor Another. A person who knowingly signs any name other than his/her own to an
initiative, referendum or recall petition, except in a circumstance where he/she signs for a person
in the presence of (and at the specific request of) such a person who is incapable of signing or
printing his/her own name and address because of physical infirmity, is guilty of a class 1
misdemeanor. 36
Signing More than Once: A person who knowingly signs his/her name more than once for the
same initiative or referendum are guilty of a class 1 misdemeanor. 37
Fraudulent Signing. A person who is not a qualified elector at the time of signing, or who
knowingly fills out the name and address portion of the petition with the intent to commit fraud,
is guilty of a class 1 misdemeanor. 38
Coercion: A person who knowingly coerces or threatens any other person to sign or refrain from
signing his/her name to an initiative, referendum or recall petition, or, after signing his/her name,
to have his/her name removed, is guilty of a class 1 misdemeanor. 39
Misrepresentation: A circulator who induces a person to sign a petition by knowingly
misrepresenting the general subject matter of the measure is guilty of a class 1 misdemeanor. 40
Fraud: A person commits petition signature fraud if the person: intentionally collects petition
signature sheets with the knowledge that the person whose name appears on the signature sheet
did not actually sign the petition, or uses any fraudulent means to obtain signatures on a
petition. 41 A person under such circumstances is guilty of a class 1 misdemeanor, but may be
guilty of a class 4 felony and prohibited from participating for five years in any election, initiative,
referendum, or recall campaign if the person engages in a pattern of petition signature fraud. 42
Deceptive Mailings: An individual or committee may not deliver any document that falsely
purports to be a mailing authorized, approved, required, or sent by the government, or that falsely
simulates a document from the government. 43 A violation of this provision may result in civil
penalty equal to twice the total of the cost of the mailing or five hundred dollars, whichever is
greater. 44
35

A.R.S. 19-114.01; A.R.S. 19-205.03.

A.R.S. 19-11S(B); A.R.S. 19-206(B).
37
A.R.S. 19-115(B).
38
A.R.S. 19-115(B).
39
A.R.S. 19-116(A); A.R.S. 19-206(A).
40
A.R.S. 19-116(B).
41
A.R.S. 19-119.01(A).
42
A.R.S. 19-119.01(C).
43
A.R.S. 19-119(A).
44
A.R.S. 19-119(B).
36

Department of State, Office of the Secretary of State

E1ection Services Division

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Petition Circulation - Training Guide

Office of the Arizona Secretary of State
Circulator Registration Form
Pursuant to Arizona Revised Statutes (A.R.S.) 19-118, all circulators (1) who are not residents of the State of Arizona or (2) who are paid to
circulate petitions for statewide ballot measures, must register as circulators with the Office of the Secretary of State prior to circulation. Check
which box(es) apply:

D I am not a resident of the State of Arizona and, therefore, understand that I must complete and file this form with the
Office of the Secretary of State prior to petition circulation.

I am a paid circulator of a petition for a statewide ballot measure and, therefore, understand that I must complete and
file this form with the Office of the Secretary of State prior to petition circulation.

Signatures collected prior to registration by any circulator required to register with the Office of the Secretary of State are subject to review and
challenge pursuant to applicable laws. Otherwise, if neither statement above is applicable, you are not required to register with the Office of the
Secretary of State.

Circulator Name (last, first):

Circulator's Residential Address (including street number, city, state and zip code):
Service of Process Address (must be within the State of Arizona):

I E-Mail:

Telephone:

Complete the boxes below for up to three petition types you intend to circulate. Use additional forms if necessary.
Circulating Organization:
Candidate Name or Initiative/Referendum/Recall Petition Serial Number:
Check one box (if county or municipality, specify):

Statewide

County

Municipality

Municipality

Circulating Organization:
Candidate Name or Initiative/Referendum/Recall Petition Serial Number:
Check one box (if county or municipality, specify):

Statewide

County

Circulating Organization:
Candidate Name or Initiative/Referendum/Recall Petition Serial Number:
Check one box (if county or municipality, specify):

Statewide

County

D Municipality

0 I have received the Secretary of State's circulator training materials, have read and understand the materials, and acknowledge receiving the
materials prior to circulating petitions in accordance with A.R.S. 19-111 (D).
Applicant Attestation:
solemnly affirm, under penalty of perjury, that the information
(Print your full name)
provided on this application is true, complete, and correct and that I have read and understand the laws of this State with
respect to petition circulation. Furthermore, I agree to submit to the jurisdiction of the State of Arizona regarding any
case or controversy arising out of my activities while circulating petitions.

I,

Applicant Signature

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MICHELE REAGAN

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Exhibit E

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Office of the Arizona Secretary of State

Circulator Registration Form
Pursuant to Arizona Revised Statutes (A.R.S.) 19-118, all circulators (I) who are not residents ofthe State of Arizona or (2) who are
paid to circulate petitions for statewide ballot measures, must register as circulators with the Office of the Secretary of State prior to
circulation. Check which box(es) apply:

D I am not a resident of the State of Arizona and, therefore, understand that I must complete and file this form with the
Office of the Secretary of State prior to petition circulation.

D I am a paid circulator of a petition for a statewide ballot measure and, therefore, understand that I must complete and
file this form with the Office of the Secretary of State prior to petition circulation.
Signatures collected prior to registration by any circulator required to register with the Office of the Secretary of State are subject to
review and challenge pursuant to applicable laws. Otherwise, if neither statement above is applicable, you are not required to register
with the Office of the Secretary of State.
Circulator Name (last, first):
Circulator's Residential Address (including street number, city, state and zip code):
Service of Process Address (must be within the State of Arizona):
Telephone:

JE-Mail:

Complete the boxes below for up to three petition types you intend to circulate. Use additional forms if necessary.
Circulating Organization:
Candidate Name or Initiative/Referendum/Recall Petition Serial Number:
Check one box (if county or municipality, specify):

Statewide D County

D Municipality

Circulating Organization:
Candidate Name or Initiative/Referendum/Recall Petition Serial Number:
Check one box (if county or municipality, specify):

Statewide D County

D Municipality

Circulating Organization:
Candidate Name or Initiative/Referendum/Recall Petition Serial Number:
Check one box (if county or municipality, specify):

Statewide 0 County

D Municipality

D I have received the Secretary of State's circulator training materials, have read and understand the materials, and acknowledge
receiving the materials prior to circulating petitions in accordance with A.R.S. 19-lll(D).
Applicant Attestation:
solemnly affirm, under penalty of perjury, that the information
(Print your full name)
provided on this application is true, complete, and correct and that I have read and understand the laws of this State with
respect to petition circulation. Furthermore, I agree to submit to the jurisdiction of the State of Arizona regarding any
case or controversy arising out of my activities while circulating petitions.

I,

Applicant Signature

Date

Election Sen>ices Division, Office of the Secretmy of State

1700 West Washington, Floor 7, Phoenix, Arizona 85007; 602-542-8683 or 1-877-THE-VOTE
Revised February 12,2016