1

3
4

5
6

7
8

Roopali H. Desai (024295)

AndrewS. Gordon (003660)
D. Andrew Gaona (028414)
COPPERSMITH BROCKELMAN PLC

2800 North Central Avenue, Suite 1200

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

Attorneys for Plaintiffs

ARIZONA SUPERIOR COURT

MARICOPA COUNTY

10
11
12
13

DENNIS SHANE HITZEMAN, a qualified

elector; ARIZONA RESTAURANT AND
HOSPITALITY ASSOCIATION, d/b/a
ARIZONA RESTAURANT ASSOCIATION,
an Arizona non-profit corporation,

14
15
'16
17
18

Plaintiffs,

v.
MICHELE REAGAN, in her official capacity
as Arizona Secretary of State; ARIZONANS
FOR FAIR WAGES AND HEAL THY
FAMILIES SUPPORTING I-24-2016, an
Arizona political committee,

19
20

Defendants.

) No.
)

CV 2 0 'I 6- U0 9 '7 0 4

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

------------------------------

21

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

22

Spec. A., Plaintiffs Dennis Shane Hitzeman and the Arizona Restaurant and Hospitality

23

Association, d/b/a the Arizona Restaurant Association file this action challenging petitions

24

filed by Defendant Arizonans for Fair Wages and Healthy Families Supporting I-24-2016 on

25

July 7, 2016 with Arizona Secretary of State Michele Reagan. Plaintiff seeks an injunction, a

26

declaratory judgment, and/or special action relief (i) disqualifying all petition sheets and (ii)

(00238293.2)

enjoining the Secretary of State from counting the petition sheets in calculating the number of

eligible signatures for verification, and alleges as follows:

PARTIES, JURISDICTION, AND VENUE

4
5
6

1.

Plaintiff Dennis Shane Hitzeman is a qualified Arizona elector, and is the

Chairman of the Board of Directors of the Arizona Restaurant Association.

2.

Plaintiff Arizona Restaurant and Hospitality Association, d/b/a/ the Arizona

Restaurant Association, is an Arizona non-profit corporation that exists to help its members

become leaders in their communities through building customer loyalty, escalating awareness

of food safety and healthy living, bolstering a thriving industry and rewarding workforce, and

10
11
12
13

increasing financial success.

3.

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

this action in her official capacity.

4.

Defendant Arizonans for Fair Wages and Healthy Families Supporting I-24-2016

14

(the "Conunittee") is an Arizona political committee formed in support of the Fair Wages and

15

Health Families Act, No. I-24-2016 (the "Minimum Wage Initiative").

16
17
18

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

19
20

7.

On March 30, 2016, the Cmmnittee subtnitted an Application for Initiative or

21

Referendum Petition Serial Number to circulate petitions in support of the Minimum Wage

22

Initiative.

8.

23

To qualify the Minimum Wage Initiative for the November 2016 general election

24

ballot, the Cmm11ittee was required to submit 150,642 valid petition signatures to the SOS on

25

or before July 7, 2016.

26

(00238293.2}

9.

On July 7, 2016, the Purported Committee submitted approximately 22,160

petition sheets (the "Submitted Petition Sheets") purporting to contain 271,883 valid signatures

to the SOS.

10.

To gather signatures in support of the Minimum Wage Initiative, the Conm1ittee

utilized the services of petition circulators who were (i) paid for their services and/or (ii) do not

reside in Arizona.

11.

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

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

SOS before circulating petitions.

10

12.

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

11

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

12

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

13

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

14

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

15

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

16

Exhibit B.)

17

13.

The registration requirements include, among other things, circulator consent to

18

the jurisdiction of the courts of this state in resolving any disputes concerning the circulation of

19

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

20

will accept service of process related to disputes conceming circulation of that circulator's

21

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

22
23

14.

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.

24

15.

The following circulators apparently each submitted a Registration Form to the

25

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

26

circulator, or both:

{00238293.2 }

1
2
3
4
5
6
7
8
9
10
11

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Kareem Abdullah
Amr Aboul-Nasr
Melvin Acquaah
Sophia Acunta
John Adams
Leslie Adams
Theodore Adams
Danny Adamson
Bridgette Akram
Elitha Akram
JolmAkram
J adid Alam Organ
Dexter Albert
Giovanelle Alessandrini
Carmine Alessandro
Leslie Allen
Scott Allen
Caroline Alvarez
Frank Alvarez
George Ambriz
Lucio Anchondo
Angelica Anderson
Carlon Anderson
Eboni Anderson
Paul Anderson
Inocencio Atliceto Jr.
Inocencio Aniceto Sr.
Joyce Apostolou
AdamArey
A'Myer Al"lnstrong
Evan Armstrong
Nancy Anmoudoff
J alen AlTington
Sarah Au
Iya Austin
Thomas Austin
Reola Avant
Chelsea Avelino
Devon Aviles
Robin Bagent
Kia Baikie

{00238293.2)

Jessica Bailey
0 .D. Bailey III
Beryl Baker
Andrew Ballard
Camilla Ballard
Matthew Balluff
Kevonte Barkus
Misty Barnhisel
SieiTa Bamhisel
Jana BaiToga
Ticcola BaiTow
James Bash
Lisa Bashara
Jessica Bauley
James Beach
Elitha Beacoat
Tina Beamon
Robert Beck
Savion Beckford
Elitha Becoat
Erin Belanger
Tia Bell
George C. Bendit
Stephanie Benites
David Benjamin
Kimberly Berkovitz
Sylvia Bennudez
Adam BeiTy
Janene Betts
Shantelle Biedsoe-Lockett
Kevin Bilsland
Marlena Birkiewcz
Marlena Biykiewicz
Marc Blodgett
Steven Blok
Joshua Balmer
LaiTy Boler
Lynda Bowden
Billy Boyd
Destiny Boyldns
Ryan Boynton
4

Duwaon Branch
Hubert Brewer
Lyle Brigge
Stephen Brittle
Doug Brogon
Antwaun Brown
Erin Brown
Richard Brown
Melissa Browning
Doug Broyan
Christopher Bucholz
Atme Marie Buczacki
Malgorzata Burchard
Gabriel Burges
John Burkett
TeiTy Burkett
SheiTi Burns
Shaknda Burton
Robert Bush
Elizabeth Buslmell
Maurice Butler
Ashlee Byrd
At1drew Caballes
Alesha Cain
Erik Camacho
Cordell Campbell
Gregory Campbell
Esteban Caraccido
Esteban Caracciolo
Carmine Cardamone
Lawrence Cardamone
Vela Cannen
Nikita Carpenter
Zachary James Carper
Ana CaiTanza
Leroy CaiToll
Antonietta Casco
Curtis Case
Dana Cassidy
Franklin Castello
Orlando Castillo Trejo

1
2
3
4
5
6
7
8
9
10

11
12

13
14
15
16
17
18
19
20
21
22
23
24
25
26

Maria Castro
Charles Catalano IV
Desmond Causey
Sidney Causey
Isaac Chacon
Estone Charles
Tae Choe
Nathan Christie
Annette Clark
Tina Clark
Tamika Collins
Candice Columbia
Lawrence Connor
Alicia Contreras
Ricky Cordous
Sylvester Craig
Lee Crenshaw
Jermaine Crouch
Paul Cruz
Gaspar Cuen
Frank Cmiis
Diallo Daniely
Nina G. Davies
Sarai Davila
Adrian Davis
Daniel Davis
Jed Davis
Gary Davis-Heard
Brian De Benedictis
Gustavo De La Tone
Michael De Santis
Caleb Deen
Luis Del Taro
Debra Dellarocca
Debrah Dellarocca
Howard Deming
Tanuny Dennis
Dusty Denny
Richard Di Benedetto
Ebony Dixon
Michael Dixon

{00238293.2}

Sidney Dlhosh
Ruiz Dolorus
Rebecca Dominguez
Trever Downs
Kelsey Doyle
Joel Dozier
WanenDraw
Suzanne Dreher
Michael Drysdale
Maria Duarte
Michael Dubin
Nicholas Duenez
Theodore Duenez
Brent Duke
Jheanelle Duncan
Joe Duncan
Hassan Duran
Karl Dutson
David Earl
Linda Edwards
Nora Edwards
Sandra Edwards
Brian Eister
Jacob Eldridge
Frank Emmerling
Tajanay England-Shannon
Armando Escoboza
Ryan Escudero
Beatriz Espinosa Sen1a
Mackenzie Evans
Luis Fabela
Petra Falcon
Alisa Fall
Wanen Fanner
Anna Fanis
Jeremiah F a1Tis
Keenan Fanis
SamFanis
Golden Felton
Bradford Fielder
Victoria Finley

Nathaniel Finn
Ryan Finn
Tim Fitzpatrik
Sandi Fleming
Brian Flores
Arthur Forbes
Cynthia Ford
Sonia Forsgren
Sierra Fminer
Heather Foster
DommFox
Christopher Fraley
Bryan Freitag
Adam Fried
Annette Fries
Tamika Frison
Mario Fuentes
James Fuller
Vincent Fuqua
Michael Furchell
Shana Fusse1
Deena Galante
Grant Galas
Triniesha Gallaway
Anthony Garcia
Desiray Garcia
Regina Garcia
Rhonda Gares
Cuen Gaspar
Andrew George
Lupe George
Geny Georj ean
Atmie Giany
Leah Gibbons
Shauna Gidwani
Don Gilbeti
Joyce Gittins
Maya Glasglow
Carla Glenn
Justin Glenn
Reynaldo Glenn

1
2
3
4
5
6
7
8
9
10
11

12
13

14
15
16
17
18
19
20
21
22
23
24
25
26

Antoine Godfrey
Jalene Goerend
Erika Goins
Daniel Gomez
Steve Gomf
Brenda Gonzalez
Luke Gonzalez
Evan Gorman
Bruce Gorshe
Rebecca Gossett
Victoria Goyette
David Grande
Darren Grayhill
Leonara Green
Leonora Green
Richard Green
Phillip Greene
Kevin Griffin
Adrian Guevara-Serna
Nicolas Guillermo
JudyGunn
Teuta Hajdini
Nancy Hall
Jeff Hallett
Elijah Halpain
Wendy Halpain
Demetrius Hamblen
Mark Hamblen
Angela Hmmnit
Rashad Hampton
Luann Hmmick
April Hankins
LyndonHara
Elizabeth Harborth
Fifi Harper
Barbara Harris
Caretta Harris
Diane Harris
Jeff Harris
Lawona Harris
Nan Harvey

{00238293.2}

Sylvia Haskell
Toby Hawkins
Karen Hayes
Damika Haywood
Phobie Haywood
Dolores Hazzaro
Melody Hearne
Michael Heidenrich
Brandon Henderson
Eric Henson
Carolina Hernandez
Matthew Hernandez
Olivia Hernandez
Rodolfo Hernandez
Nancy Herrera
Darrell Herron
Michael Hibbler
Richard Hibbler
Leah Hill
Spencer Hill
Beverly Hinkle
Karyn Hirst
Mario Holland
Joshua Hollick
Cheryl Holmes
Robert Holmes
David Honaker
Adrian Hopkins
Alyssa Hopkins
Karen Hoppa
Frederick Horton
Eric Hottel
Jim Houlis
Kim Houlis
Irene Howard
Lyal Howell
Aretta Hudson
David Hugh
Brandon Hunt
Mitchell Hunter
Alexis Hmiado

Sarina Ingram
John Irina
Ana Islas
Deborah Iwatiw
Bruce Jackson
Collin Jackson
Georgia Jackson
Ira Jackson
Jessica Jackson
Lorshaina Jackson
RogDre Jackson
Aaron James
Cagney James
Jaylon James
Michelle L. James
Steven Jandreau
Sonia Jared
Dominic Jenkins
Kevin Jenkins
Rene Jimenez
Abby Jolmson
Brittany Johnson
Janae Johnson
Sarah Jolmson
Susan Jolmson
Taylor Johnson
Wendell Johnson
Kenyon Jones
Michele Jones
Sammy Jones
Travis Jones
Yvette Jones
Roberto Juarez
Roberta Jung
Jonathan Justice
Christine Kane
Natalie Kanter
Dalton Kates
Craig Keating
Michael Kelly
Robe1i Kerber

1
2
3
4
5
6
7
8
9
10
11

12
13

14
15
16
17
18
19
20
21
22
23
24
25
26

Randy Kessinger
James Kiefer
James Kieffer
Blake Kinchla
Janelle King
Julie King
Keith King
Aziza Kinney
Azizu Kilmey
Teny Kinzie
Tim Kling
Dieter Klofkom
Kevin Koble
William Koehler
JohnKonek
Brandon Kong
Nicholas Krehl
Cheryl Kreider
Linda Krier
Sandra La Frieniere
Gabriella Labrera
Ruth Lachcik
Donald LaLonde
Angelina Lamas
Eva Lamas
Charles Lanuners
John Lamontagne
Michael Lanxon
Anthony Lara
Peggy Large
Brent Larson
Charles Lasley
Nick Lauletta
Daniel Laurie
Matthew Layton
Michael Leal
Gregory LeCompte
Shaqwetta Lee
Rocco Lefre
Suzanne Leggett
Damian Leiuck

{00238293.2}

Daniel Lemus Jr
Ana Leon
Mary Jane Lessard
Damian Leuck
Brandon Lewis
Duncan Lewis
Markeith Lewis
Tesha Lindahl
Eugene Lloyd
Jonathon Lockhart
Chandler Long
Melani Longoni
Francisco Lopez
Vince LoStoto
Christopher Louden
Helen Louie
Raymon Lozano
Brenda Lucchetti
Joanna Lucero
AnaLugo
Jennifer luke
Cruz Lynch
Jamey Macdonald
Stephen Mackey
Lual Magot
Becky Major
Haryagh Malik
Micah Marcnbanks
Stephanie Marcynyszyn
Sidney Mardany
Jakara Mardis
Eboni Mannolej os
Donna S Marquardt
Kathryn Marsh
Martha Martin
Stephen Martin
Diego Martinez Banera
Leonidas Mastemen
Blake Matheny
Victoria Matheny
Nicole Matos

Olivia Mattice
Curtis McAlpine
James McCormick
Arthur McCray
Mary Mcdonald
Anthony McGhee
Kurlie McGirt
Mary McGraw
Rosetta McKinzey
Debra Mclain
Barbara MeN air
Kelly McNamara
Jan McNeil
Sean McNeil
Torbet McNeil
Carole McQuillan
Angelique Me Wairara
Pamela Meade
David Medrano
John Melick
Miriam Mendez
Milton Mendoza
Julissa Meza
Tony Mikulin
Kathryn Miller
Daryl Mills
Ryan Minardi
Lovely Mitchell
Noah Montague
Keith Moore
Rex Moore
Alfonso Mora
Tann11y Morales
Daniel Moreno
Charlette Morgan
Gary Morgan
Jared Morgan
John Morris
Kayla Morrison
Michael Mosby
ShenyMoss

1
2
3
4

5
6
7
8
9

10
11

12
13
14

15
16
17
18
19

20
21
22
23
24
25
26

A velardo Moulinet
N azim Muhammad
Evelyn Mulholland
Alexandra Mullard
Marci Mullen
Joel Mullins
Carol Mundt
Kris Munjoy
Amber Murray
Jonathan Myers
Michelle Myrick-James
RalphNabor
Gabriel Nalley
Christina Napoleon
Christopher Naranja
Cody Navarette
Daryl Nelson
Frank Nelson
Gordon Nelson
James Nelson
Joann Nelson
N ema N ematollahi
Lesa Newberry
Buddie Nichols
Michael Nles
Crystal Nuttle
Daryl Oberg
Lawrence E Ogazi
Juan Oliver
She1Ti Oliver
John O'Neal
Walter 0 'Neil
BB Ortega
Linda Ortega
Emily Osborne
John Osborn
Comlie Osowski
Thomas Osowski
J ordin Pagel
Yolanda Palmer
Kimberly Pardo- Alvarez

(00238293.2)

Jamour Parks
Dalia Partida
Abdil Parties
Herbert Pearce
Albert A. Peralta
Henry Perkins
Michael Petersen
Jason Peterson
Christopher Pettiford
Deonte Phillips
Linda Phoenix
James Pinkerman
Antoine Pitts
Mark Pitts
ShaunPlumb
Daniel Prahl
Rhiannon Pribble
Denise Price
Rebecca Price
Joseph Proo
Donna Pulling
Anthony Quim1
David Quintero
Antionette Rackley
Dexter Radison
Juan Ramirez
Juanita Ramirez
Tristen Ramos
John Ramsey
Jeannette Randal
Alex Rathjen
Brighton Rathjen
LaShawn Rawlings
John Ray
Xochitl Rayas
Lawrence Raye
Clare Reading
Debra Reece
Michael Reece
Leslie Reid
Leslie Reid

Yvette Reid
Zachary Rhern
ShmmaRice
Reality Rich
Yvonne Rich
Thomas Richard
Taylor Richards
Anthony Richardson
Donald Richardson
Christopher Richele
Serina Rides
Kimberly Ridley
Shawna Riley
Al Ringolf
Carla Rios
Isabella Rios
Frank Rizzi
Mark Roane
Mark Roberson
Denise Robinson
Keith Robzen
Mary Rodgers
Eddie Rodriguez
Paul Rodriguez
Alice Rogers Leone
Sara Rojas Caezares
Kalief Rollins
Roman Rosales
Jose Martin Rosas Jr
Naylea Rosas-Gutierrez
Terry Roth
Vilma Rowe
Roberto Rubio
Steve Rudicy
Dolorus Ruiz
Michelle Ruiz
Stephanie Rullan
LauraRupp
Ludevina Russo
Colt Rust
Stephanie Rust

1
2
3
4
5
6
7
8
9

10
11

12
13

14
15
16
17
18
19

20
21
22
23
24
25
26

Webster Duke Sadler

Ali-Reza Salamat
Joseph Salas
Hector Salinas
Joan Sam
Stephanie Sanchez
Alicia Sanders
Karen Sanders
Nigel Sanders
Michelle Sanderson
Carlos Sandoval
Johnson Sara
Jacob Schaefer
Mickelina Schoen
Anthony Schram
Cindy Schwmiz
Paxton Schwa1iz
Jack Schweim
Allen Scott
Jason Scott
Hmma Searle
Joshua Seese
William Sell
Ricardo Serna
Xavier Serrano
Lenox Seymour
Safiyyah Shamsiddeen
Suhaylah Shamsiddeen
Waliah Shamsiddeen
Justin Shannon
Justin Shannon
Bradley Shimels
Justin Shockley
Cannella Shy
Steven Sidlovsky
Daniel Sims
Michael Smargiassi
Grace Smart
Brandon Smith
Bruce Smith
Charlene Smith

{00238293.2}

Kyle Smith
Norbert Smith
Sean Smith
Timothy Smith
Tom Smith
Tom Smith
Dan Snipes
John Solis
Lauro Soto
Selena Soto
Pranee Soukanmeuth
Tawana Spikes
Rielly Spillman
Riley Spillman
Carol Stanavich
Michelle Stanley
Helene Stanton
William Stanzel
Christina Starin
David Starkey
Earl Stephens
Brooke Sterling
Cominey Stewart
Robe1i Stout
Darrold Strubbe
Holley Sturges
Khalil Sultan
Summiyah Sulton
Calvin Svetc
Torrey Swain
Mark Swanson
Makeda Sweeney
Juli Swisher
Paul Tabor
Mariyam Taha
Paul Talbot
Tamara Tamarkin
Sabino Tamborra
Nicole Tanner
Pilar Tapia
Maritza Tapia-Navarro

Gwen Tate
Jacquelyn Tayllor
Antwoniqua L. Taylor
Jane Taylor
Kristopher Taylor
Robert Taylor
Angel Tellez
Pablo Teran
Alejandro Terrazas
Mark Theyer
Gregory Thomas
Juan Thomas
Tsinnyinne Thomas
Daryl Thompson
Luke Thompson
Timothy Thompson
Amber Thonsen
Max Thumma
Frank Todd
Fabeian Toledo
Steven Tolle
Victoria Tolsdoff
Pedro Tonche
Kimberly Toothman
Grace Torio
Leslie Tones
Denise Totress
Amanda Tracy
Mellie Trader
Ronald Trader
Nildd Tran
Dylan Trestik
Denisha Trujillo
Jason Tsinnijinnie
Joshua Tweedy
Ryan Uggla-Roth
Kerwin Upshur
Wesley Urbanski
Gerald Ussery
Isaac Valdez
Adrian Valdorinos

1
2

3
4

5
6
7

8
9
10

11
12
13
14
15
16

Anthony Valenzuela
Stephanie Valerio Zamora
Jacquelyn Valrie
Vernon Van
Gustavo Vasquez
Gustavo Vazquez
Cesar Vega
GregoryVit
Lindsey V ogt
William Vogt
Ralph Wabor
Blair Wafford
Robert Waggoner
Diana Wagner
Malik Wallington
Anthony Walters
Gessika Walton
Donetrius Ward
Karen Wanen
Kent Washignton
Theresa Watson
Brian Waycaster
Beverly Weiss
Julie Welling
Arthur Wells
Rochelle Werksman

17

Daqwan Wesson
Ambi West
Catherine West
Demetrius Westbrooks
Neil Westbrooks
Kaleb Wheeler
Hayden White
Jeremy White
Jessica White
Jeffery Whitescarver
Justin Wilgus
Judy Wilks
Charles Williams
Chase Williams
David Williams
Gle1m Williams
John Williams
Josh Williams
Paul Williams
Reginald Williams
Riley Williams
Devin Willing
David Wilund
Nathan Winston
Jennifer Winter
Yum.i Wong

Brandon Woods
James Woods
Don Woods
Christy Wools
Rochelle W orksman
Robert W annan
Peter 0. Wona Jr.
Christy Wouls
Jon Wright
Susan Wright
Linda Yarber
Brandon Yarborough
Geraldine Yazzie
Wilford Yazzie
Sara Ybana-Johnson
Dana Ybanondo
Pedro Yepez
Andrew Y oelin
Rachelle York
Tomomi Yoshimura
Denise Yuzuik
Heath Yuzuik
Carlos Zabala
Gabriella Zmmi
Noemi Zavala

18
19

16.

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

20

with the SOS to circulate petitions for the Minimum Wage Initiative is larger than the list set

21

forth in the SOS's databases and Paragraph 15 of this Verified Complaint because those

22

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

23

Form with the SOS to circulate petitions for the Minimum Wage Initiative are refened to

24

herein as "Purpmied Registered Circulators."

25
26

17.

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

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

(00238293.2 )

10

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

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

secretary of state."

18.

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

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

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

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

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

properly registered at the time the petitions were circulated." A.R.S. 19-12l.Ol(A)(1)(h).

10

19.

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

11

a.

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

12

b.

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

13

c.

failure of the petition circulator to appropriately designate whether they

14

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

15

102(D), (E);

d.

16

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

17

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

18

(D), (E); and

e.

19
20

20.

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

21

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

22

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

23

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

24
25

21.

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

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

26

{00238293.2 )

11

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

19-121.0l(B), for a detem1ination of the validity of those signatures, A.R.S. 19-121.02(A).

3
4
5
6
7

22.

In light ofthe deadlines imposed by A.R.S. 19-118(D) and 19-12l.Ol(A),

time was of the essence in obtaining the copies of the Submitted Petition Sheets
23.

Counsel for Plaintiffs did not receive copies of the Submitted Petitions until

July 11,2016.
24.

On infonnation 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 the petition circulator's registration with the SOS was

11

unlawful due to:

12

a.

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

13

b.

the petition circulator's false representation that they were qualified to

14

circulate petitions in Arizona where a prior felony conviction precluded

15

them from being eligible to do so.

16

25.

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

17

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

18

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

19

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

a.

20

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

registration with the SOS;

21
22

b.

failure of the petition circulator to appropriately designate whether they

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

23
c.

24

the provision of a false Registration Fmn1 or affidavit by the petition

circulator; and/or

25
26

d.

{00238293.2 }

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

12

26.

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

Registration Forms and related documentation for the Purported Registered Circulators (who

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

22,160). This process is laborious and has been proceeding nearly non-stop since the morning

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

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

is ongoing, Plaintiffs reserve the right to amend tllis Verified Complaint as more infonnation

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

COUNTONE

10

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

11

27.

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

12

28.

On infom1ation and belief, some or all of the Subnlitted Petition Sheets are

13

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

14

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

15

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

16

SOS by Purported Registered Circulators.

17

29.

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

18

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

19

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

20

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

21

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

22

30.

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

23

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

24

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

25

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

26

verification.

{00238293.2 }

13

COUNTTWO

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

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

31.

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

32.

On information 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 petition sheets were circulated prior to the petition circulator's lawful

registration with the SOS.

10

33.

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

11

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

12

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

13

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

14

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

15

34.

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 volunteer petition circulators were not qualified to circulate petitions due to

19

prior felony convictions.

20

35.

On infonnation and belief, some or all of the 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 defects in the fom1 or completion of the petition circulator affidavit.

24

36.

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

25

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

26

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

{00238293.2 }

14

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

circulator affidavit.

37.

Pursuant to A.R.S. 19-118 and 19-121.01, 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 verification.

COUNTTHREE

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

10

38.

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

11

39.

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

12

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

13

entitled to a declaration of rights based on those statutes.

14

40.

An actual controversy between Plaintiffs, the SOS, and the Purported Committee

15

exists with respect to the lawful registration of some or all of the Purported Registered

16

Circulators, the circulators who did not submit a Registration Form but should have, and the

17

validity of some or all of the Submitted Petition Sheets.

18

41.

Plaintiffs are entitled to a declaratory judgment holding that all Submitted

19

Petition Sheets affected by the circulator registration defects identified in Count One of this

20

Verified Complaint and the other defects identified in Count Two of this Verified Complaint

21

are invalid as a matter oflaw.

22

COUNT FOUR

23

(Special Action Relief- Mandamus and/or Prohibition)

24

42.

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

25

26
{00238293.2 )

15

43.

As detailed above, and pursuant to A.R.S. 19-118, 19-121.01, and 19-122, the

SOS has a duty to remove certain of the Submitted Petition Sheets that are invalid as a matter

oflaw.

44.

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

the defects identified in Count One and Count Two of tllis Verified Complaint constitutes a

failure by the SOS to perform a duty required by law as to wllich she has no discretion.

45.

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

the defects identified in Count One and Count Two of this Verified Complaint would result in

the SOS proceeding without or in excess of her jurisdiction or legal authority.

10

46.

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

11

the defects identified in Count One and Count Two of this Verified Complaint would result in

12

a deternlination by the SOS that is arbitrary and capricious, or an abuse of discretion.

13

47.

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

14

Subnlitted Petition Sheets suffering from the defects identified in Count One and Count Two

15

of this Verified Complaint, and/or prollibiting her from including signatures contained on such

16

Subnlitted Petition Sheets from the total number of valid signatures gathered in support of the

17

Millimum Wage Initiative or in the random sample of signatures subnlitted to the county

18

recorders for verification.

19

RELIEF REQUESTED

20

WHEREFORE, Plaintiffs respectfully request the following relief:

21

A.

That the Court issue findings of fact and conclusions of law;

22

B.

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

23

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

24

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

25

hearing on the merits;

26
{00238293.2 )

16

c.

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

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

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

4
5

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

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

Count Two of tllis Verified Complaint, and/or prohibiting her from including signatures

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

10

in support ofthe Minimum Wage Initiative or in the random sample of signatures submitted to

11

the county recorders for verification; and

F.

12
13

For attorneys' fees and costs incurred in this action and such other and further

relief that the Court may deem proper

14
15

Respectfully submitted tllis 14th day of July, 2016.

16

COPPERSMITH BROCKELMAN PLC

17

By~

18

Andrew S. Gordon
D. Andrew Gaona

19
20

Attorneys for Plaintiffs

21
22
23
24
25
26

{00238293.2}

17

VERIFICATION
I, Dennis Shane Hitzeman, do state and swear under penalty of perjury and as

2
3

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.

8
9

Executed this 14th day of July, 2016.

10
11

12
13
14

15
16
17
18
19

20
21
22
23
24

25
26
27
28
(00238460.1 )

Exhibit A

Petition Circulation
Training Guide

February 2016

Arizona Secretary of State's Office

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

..

PetitiQ.n Circulation - Training Guide

MICHELE REAGAN
Secretary ~State
State of Jtrizon.a
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://wwvv.azsos.gov/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-{ \~\.e (4~~ {j_~

MICHELE REAGAN
Arizona Secretary of State

.~.

Secreta~y

of State
MICHELE REAGAN

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 ............................................................................................................................................................................ 5

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

"!<L:. Department of State, Office of the Secretary of State

~

Election Services Division

'~

Secretary of State

MICHELE RtAGAN

Petition Circulation - Training Guide

Chapter 1: Definitions of Initiative, Referendu1n 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. iS

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.
-

Secreta~y

'--'

of State.
MICHELE RtAGAN

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. 19-118(B)(2).
11

.-

--~

Department of State, Office of the Secretary of State

Election Services Division

-~

Secretary of State

MICHELE R'EAGAN

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 simple 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. 19-102(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. 19-11 S(B).
23
A.R.S. 19-11 S(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).
"'"-

Secreta~'!!

of State

MICHELE RtAGAN

'

Department of State, Office of the Secretary of State

~
Election Services Division _..-----~

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 s~ns a petition he/she is not
legally entitled to vote upon, the petition signature may be rejected. 2
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 Information: 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 affixed.
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)(3)(f); A.R.S. 19-112(A); A.R.S. 19-208.01(A).
34
A.R.S. 19-121.01(A)
28

'tf.

Department of State, Office of the Secretary of State

~Election Services Division

Secretary of State

MICHELE

R~AGAN

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
lmowingly 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. 19-11 S(B).
38
A.R.S. 19-11S(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

Secretar_y of State

MICHELERtAGAN

~~,..

Department of State, Office of the Secretary of State

Election Services Division

'o/i

__,.-.~~

 ..

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:

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:

E-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

County

Municipality

Municipality

Municipality

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

Statewide 0 County

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

Statewide

County

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-lll(D).
Applicant Attestation:
solemnly affinn, under penalty of perjury, that the infom1ation
(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. Furthennore, 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

~L Department of State, Office of the Secretary of State

~--

Election Services Division

Secretary of State

MICHELE REAGAN

Exhibit B

,.,

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.

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:

E-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 D County

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. 19-111(D).
Applicant Attestation:
sole1m1ly affirm, under penalty ofpe1jury, 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 SecretaT)I ofState

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