MINUTES OF PUBLIC MEETING OF THE
STATE OF ARIZONA
CITIZENS CLEAN ELECTIONS COMMISSION
APRIL 30, 2002
A public meeting of the Citizens Clean Elections Commission was convened on
April 30, 2002, 9:30 a.m., at Citizens Clean Elections Commission, 4001 N. 3rd Street, Suite 200, Phoenix, Arizona 85012
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Members present:
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Chairperson Ruth S. Jones, Scottsdale
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Gene Lemon, Phoenix
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Kathleen Detrick, Tucson
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Member Absent:
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Ermila Jolley, Yuma
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David Mckay, Flagstaff
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Others Present:
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Colleen Connor, Executive Director
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Matthew Shaffer, Deputy Director
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Todd Lang, Assistant Attorney General
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Dottie Eggleston, Fiscal Services Manager
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Paula Ortiz, Executive Assistant
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Rebecca Hecksel, Campaign Finance Analyst
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Cecilia Martinez, Executive Director, Clean Elections Institute
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Daniel Burnette, Arizona Capitol Times
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Nancy Read, Secretary of State, Campaign Finance Supervisor
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Bob Simpson, Secretary of State, Campaign Finance Assistant
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Robert Johnson, Critical Public Relations (CPR)
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Summer Stitz, Critical Public Relations (CPR)
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Howard Fischer, Capitol Media Services
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Dave Maass, Free Lance Writer
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David Eagle, Attorney
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Lee Miller, Attorney, Miller, LaSota and Peters
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Scott Bales, Attorney, Lewis and Roca
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Mario Diaz, Diaz and Associates
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Kathy Busby, Alfredo Gutierrez 2002
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Steve Rasmussen
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Richard Mays
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Mary Gene Schoenbeck, Administrative Assistant
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- Chairperson Jones called the meeting to order at approximately 9:35 a.m.
- Approval of the April 2, 2002 minutes:
Commissioner Lemon moved to approve the April 2, 2002 minutes as presented, seconded by Commissioner Detrick, the April 2, 2002 minutes were approved as presented. Motion carried.
Announcement:
- As of April 30, 2002: the CCEC fund balance was $15,039,037.
- 109 participating candidates have been certified.
- Resumes are still being considered for the Voter Education and Public Relations Manager position.
- Consideration of Complaint, Response and Executive Director Recommendation Regarding the Janet Napolitano for Governor Committee.
Executive Director Connor reviewed the alleged violations, applicable statutes/rules, analysis and staff recommendation with the Commissioners.
Commissioner Lemon moved to approve the recommendation that there is no reason to believe that the Napolitano for Governor Committee has committed or is about to commit a violation of a statute or rule over which the Commission has jurisdiction, seconded by Commissioner Detrick. Motion carried.
- Executive Director's Report:
Executive Director Colleen Connor gave the Executive Director's Report on the following subjects:
Voter Education:
- Candidate Statement Pamphlet
- Candidate Debates
Legislative Matters and Rules:
- Redistricting Matters
- May v Bayless Case
- Bills of concern to the Commission: SB1051 and SB 1286
- Draft Audit Procedure
- Discussion and Adoption of Candidate Statement Pamphlet Cover.
The Commissioners reviewed 4 samples of proposed Candidate Statement pamphlet covers.
Commissioner Detrick moved to adopt Candidate Statement pamphlet cover #4 as presented, seconded by Commissioner Lemon. Motion carried.
- Adoption of Supplemental Filing Rule for Qualifying Contributions A.A.C. R2-20-105.
Executive Director Connor reviewed this rule with the Commissioners.
Commissioner Lemon moved to adopt the rule as proposed with one change, seconded by Commissioner Detrick. Motion carried.
- Consideration and Adoption of Audit Procedure.
Deputy Director Matt Shaffer reviewed the audit procedure with the Commissioners and explained the staff's recommendations for conducting random audits on candidate campaign finance reports.
The Commissioners asked Deputy Director Shaffer to review and further research the audit procedure. The audit procedure will be discussed at the May 21, 2002 Commission meeting.
- Consideration and Adoption of Substantive Policy Statements Regarding Travel Related Expenses and Solicitors of Qualifying Contributions.
Executive Director Connor reviewed the policy statements with the Commissioners. The Substantive Policy Statement contains two separate issues:
- Reporting Travel Related Expenditures
- Solicitation of $5 Qualifying Contributions
Commissioner Lemon moved to accept the substantive policy Reporting Travel Related Expenditures as presented, seconded by Commissioner Detrick. Motion carried.
The policy statement concerning the Solicitation of $5 Qualifying Contributions will be readdressed and discussed at the May 21, 2002 Commission meeting.
- Update on Clean Election Bills in the Legislature.
The House Judiciary Committee passed two bills:
- SB 1051, Candidate Statement Pamphlet to be distributed by the Commission
- SB 1286, Permitting candidates to submit one supplemental filing of qualifying contributions.
HB 2670 did not receive the required ¾'s majority vote in the full House and was defeated.
- Discussion to Ascertaining Debate Sponsors.
Executive Director Connor gave the Commissioners an update concerning the debates.
Executive Director Connor showed the Commissioners a debate flyer that was created by staff for distribution. The staff will be working with Critical Public Relations (CPR) to coordinate the debates. The debates will be discussed at the May 21, 2002 Commission meeting.
- Legal Report (Oral Report from Assistant Attorney General Todd Lang).
Assistant Attorney General Todd Lang reported on the following:
- May v Bayless case
- The rules packet ready for approval
- Redistricting Issues
Commissioner Lemon moved that the Executive Director and the Assistant Attorney General, severally, in the name and on behalf of the Commission be, and they hereby are, authorized and empowered to file suit, or join with state officials or another state commission or with one or more county boards of supervisors in suit, before a three judge panel in federal court, for an interim order or other court action establishing election districts for the 2002 primary and general elections in Arizona, seconded by Commissioner Detrick. Motion carried.
- Public Comment:
Steven Rasmussen - Tempe Arizona:
Mr. Rasmussen felt the Commission rendered its decision to dismiss the complaint filed against Janet Napolitano too quickly. He questioned the provision of office space, paid return postage and supplies and cannot understand how these provisions are considered independent expenditures. He feels that the participation of the United Food and Commercial Workers in Ms Napolitano's campaign disintegrates the grass roots effort of the campaign. Mr. Rasmussen feels that a complete audit is necessary.
Richard Mays - Realtor:
Mr. Mays restated the aspects of his complaint; including reiteration of the early contribution limits and expenditures reported by the Napolitano for Governor Committee. Mr. Mays asked the Commission to reconsider its motion to dismiss the complaint filed against Janet Napolitano.
Attorney Lee Miller - Miller, LaSota and Peters:
Mr. Miller thanked Deputy Director Shaffer and the staff for moving so expeditiously to put the lobbyist refund procedure in place. Mr. Miller also addressed the Substantive Policy Statement regarding travel-related expenses.
- Agenda Items for the Next Meeting:
- Legislative Matters and Rule Enforcement
- Redistricting Matters
- Solicitation of $5 Qualifying Contributions
- Review Debate Sponsors
- The next meeting:
Tuesday, May 21, 2002 at 9:30 a.m., Citizens Clean Elections Commission, 4001 N. 3rd Street, Suite 200, Phoenix, Arizona 85012.
Commissioner Detrick moved that this meeting be adjourned, seconded by Commissioner Lemon. Motion carried.
- Adjournment
Dated this 3rd day of May, 2002
Citizens Clean Elections Commission
Submitted By:___________________________
Matthew Shaffer Deputy Director
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