If I start out as a traditional candidate can I change and run using Clean Elections?
Yes, provided that the following criteria have been met:
• The qualifying period has not ended (for 2012 the qualifying period ends August 23rd.)
• You have not spent more than $3,589 in early contributions as a legislative candidate or $22,969 as a Corporation Commission candidate.
• Any money not raised from individuals has been returned.
• Any money from individuals that exceeds the $150 maximum contribution limit on early contributions has been returned.
• All campaign finance reports have been filed and or amended to show the actions taken.
• Attend a participating candidate workshop.
Where must I collect my $5 qualifying contributions?
All $5 qualifying contributions for Legislative candidates must come from registered voters that reside in your legislative district. Candidates for a statewide office can collect from any registered Arizona voter. Any $5 qualifying contributions that fall outside of the two requirements stated above will be disqualified.
May I collect $5 qualifying contributions on-line?
Yes, by February, you may collect $5 qualifying contributions through a portal designed and administered by the Secretary of State’s office. A candidate may only collect one half of the minimum number of $5 qualifying contributions required for the office they are seeking. For a legislative candidate, you may collect a maximum of 110 $5 qualifying contributions on-line while a candidate for the Corporation Commission may collect a maximum of 825 on-line.
Must contributors who wish to give an early contribution live within my district?
No. A person who wishes to give an early contribution does not have to reside in the same district. Early contributions can come from any individual who legally is a permanent resident of the United States. There is an exception for lobbyists, however. Lobbyists may not make campaign contributions of any sort to a member of the legislature while the legislature is in regular session. Lobbyists also may not make campaign contributions of any sort to the governor while the legislature is in regular session, or while regular session is pending the governor’s approval or veto. This includes $5 qualifying contributions. See Arizona Attorney General Opinion, Ariz. Op. Atty. Gen. No. I02‐ 001 (2002).
Can a person with a green card give an early contribution?
Yes. As long as a person is a permanent legal resident of the United States per 8 U.S.C § 1101(20), she may make an early contribution to a candidate.
What specific offices are eligible for participation in Clean Elections?
Clean Elections funding is available to qualifying candidates running for any of the following offices:
• Governor
• Secretary of State
• Attorney General
• State Treasurer
• Superintendent of Public Instruction
• Corporation Commissioner
• Mine Inspector
• State Senate
• State House of Representatives
Can a write-in candidate receive Clean Elections funding?
No. A candidate must have their name on the ballot in order to qualify for clean elections funding. A.R.S. § 16‐950(E)(1). A write‐in candidate who receives enough votes in the primary election will be placed on the general election ballot. A.R.S. §§ 16‐311, 16‐341. At this point, a candidate who has both qualified to be on the general election ballot and complied with the spending limits set out for a participating candidate in A.R.S. § 16‐941 may apply for Clean Elections Funding. This means that a write‐in candidate for a legislative seat may not spend more than $670 of personal funds, and may not spend more than $3589 during primary election cycle. Moreover, by statute, this money cannot be spent or collected after the end of the Qualifying Period.
Will a $5 qualifying contribution be valid, if the address provided is in the district, but does not match the voter registration address which is also in the district?
Qualifying Contributions are verified by the recorder in the county indicated on the contribution form. To verify that the person making the qualifying contribution is a registered voter, the recorder will attempt to match the signature on the qualifying contribution slip with the signature on the voter rolls for the voter listed at the address given. If the address on the slip does not match the registration records, the recorder may be unable to make that verification. The recorder can examine the rolls to see if there is a name match at another address in the district, and if those signatures match, the recorder will be able to verify the contribution. See A.A.C. R2‐20‐105(D). However, the recorder examines the name and address that is on the records on the date the qualifying contribution form was signed. If one of your qualifying contributors has moved since signing the form, and has updated their registration information as well, the county recorder will use the registration address as of the date the form was signed. A.R.S. § 16‐950(C). While having the same address would assist the county recorder in identifying the contributor, the address on file does not have to match the address on the form. The county recorder is verifying that the individual signing is/was registered in the district at the time of signing.
As a participating legislative candidate using the Clean Elections system, where may I collect my $5 qualifying contributions?
For the 2012 election cycle, participating candidates may collect $5 qualifying contributions from registered voters in the current district as well as registered voters in the proposed district. The registered voters address must be within the boundary of the current district or the proposed district. For example, if you are currently in legislative district 20 but the district is changing to legislative district 18 you may collect qualifying contributions from registered voters in both the current district (district 20) and the proposed district (district 18).