1. Chair Lemon called the meeting to order at approximately 9:30 am.

   Chair Lemon stated that Commissioner Detrick was absent due to the City of Tucson’s Election.

2. Approval of Minutes of September 16, 2003 Meeting

   Commissioner McKay moved to approve the September 16, 2003 minutes. Commissioner Jolley seconded. Motion carried.

3. Executive Director’s Report
   • Eric Gorsegner will start as Deputy Director on Monday, October 27, 2003.
   • The COGEL meeting, September 21-24, 2003 attended by Commissioner Marcia Busching, Assistant Attorney General, Diana Varela, and Executive Director Connor was very informative.
   • The Fund balance at the end of September was $13,461,351.
   • Staff has contacted Kevin Tyne, Assistant Secretary of State, regarding applications for the next commissioner appointment for the term beginning February 1, 2004.
   • Public relations and speaking engagements are ongoing. Bill Mayhall, Barclay Communications was at the meeting to update the Commission on potential outreach ideas.
   • Candidate Statement Pamphlet: Final approval of the contents to be included in the pamphlet along with the proposal to do a cover design contest among high school juniors and seniors.
   • The first candidate training class will be October 22, 2003 from 6 p.m. to 8 p.m. at 1616 W. Adams, Conference Room.
   • Various types of educational advertising merchandise will be distributed to the candidates who attend our training seminars and at Voter Education Manager, Autumn Southard's, speaking engagements.
   • The CCEC will have a booth during Government Days at the State Fair on October 25- 26, 2003. .
   • Voter Education: The deadline to submit an application to be a debate sponsor is October 31, 2003.
   • Legislative Changes: Chair Lemon and Executive Director Connor have been working with Senator Waring and Representative Tully to sponsor the Clean Elections bills. Rep. Tully will speak to Speaker Flake on the prospects of Clean Elections bills.
   • Enforcement- 3 Libertarians Candidates from District 17: Pursuant to the settlement agreement settlement, Paul DeDonati has delivered the office equipment to the Commission (printers, scanners, cameras, furniture). Trevor Clevenger settlement has been drafted and is on this agenda for Commission approval. Yuri Downing's hearing is continued until October 24 and November 5, 2003 for additional testimony

4. Consideration of Modified Qualifying Contribution Form

   The Commission considered multiple candidates using the same qualifying contribution form. Jessica Funkhouser, from the Attorney General's Office advised that after reviewing A.R.S §§ 16-946(C) and 16-950(B), the statutes do not support multi-candidates using the same form and it would require a statutory change to do otherwise.

   After discussion, Commissioner McKay moved to reject the proposal. Commissioner Jolley seconded. Commissioner Busching voted against the motion. Motion carried.

5. Revised Voter Education and Public Relations Activities for Check the Box Campaign

   Bill Mayhall, Barcaly Communications, reported to the Commission Barclay's promotional ideas, which include:

   • Book Cover Program- Barclay along with L3 would work on the development and design of book covers. The book covers would be distributed to high school juniors and seniors (students near the voting age).
   • Refrigerator Notepad Retail Program. The retail promotion may be with a major statewide grocery retailer such as Bashas and its affiliates to distribute notepads that include the Act's message.
   • Library Promotion- Barclay is in the process of implementing CCEC icons on computers within each library. The icon would link users to the CCEC website.

6. Consideration of Contents of Candidate Statement Pamphlets for 2004 Primary and General Elections

   Executive Director Connor explained that the proposed contents for the 2004 candidate statement pamphlet would be the same contents included in the 2002 pamphlet. In addition, the 2004 pamphlet would also include the candidates' pictures, 200 word statement, information on Help America Vote Act (HAVA), Sun Sounds of Arizona and Kids Voting in Arizona. Executive Director Connor explained that staff was exploring the possibility of conducting a cover design contest for high school students.

   Commissioner Busching moved to approve the contents the of the 2004 Candidate Statement Pamphlet. Commissioner McKay seconded. Motion carried.

   Commissioner Busching moved to approve the cover design contest for high school juniors and seniors. Commissioner Jolley seconded. Motion carried.

7. Consideration and Approval of Settlement Agreement in MUR No.: 02-0058, Trevor Clevenger

   Jessica Funkhouser, Attorney General's Office, reported that Mr. Clevenger's proposed settlement is similar to the Paul DeDonati's settlement approved last month. Due to Mr. Clevenger financial situation, the settlement would be for 72 monthly payments in the amount of $208.33 per month, for a total of $15,000 to be repaid. In addition, Mr. Clevenger's property was turned over (cameras, scanners, computer software) with Mr. DeDonati's property.

   Commissioner Jolly moved to accept the settlement agreement in MUR No.: 02-0058. Chair Lemon seconded. Commission McKay and Busching voted no. Motion failed due to lack of quorum. After reconsideration, Commissioner McKay amended his vote to "yes" in an effort to move forward. Motion carried.

8. Consideration of Proposed Rule Changes

   R2-20-103 Computation of Time
   R2-20-104 Certification as a participating candidate
   R2-20-107 Use of Public Funds
   R-2-20-109 Reporting requirements
   R-2-20-111 Bookends and records requirements
   R-2-20-112 Inaugural expenses
   R-2-20-113 Calculation of matching funds
   R-2-20-203 Complaints
   R-2-20-205 Opportunity for no action on complaint-generated matters
   R-2-20-206 Executive Director's recommendation on complaint-generated matters
   R-2-20-208 Complaint processing. notification
   R-20-212 Service of subpoenas, orders and notifications
   R-20-214 Probable cause to believe recommendation; briefing procedures
   R-2-20-217 Enforcement proceedings
   R-2-20-218 Public disclosure of Commission action
   R-2-20-223 Notice of appeal able agency action
   R-2-20-229 Debates sponsored by the Commission
   R-2-20-230 Exemption from participation in debate
   

   After discussion, Chair Lemon entertained a motion to postpone making a final decision regarding the rule changes until the next meeting. Commissioner Busching moved to accept the recommendation of the Chair. Commissioner McKay seconded. Motion carried.

   Public comment: Barbara Lubin, Executive Director of the Clean Elections Institute, expressed to the Commission that she believes candidates should be able to spend monies once approved and should not have to wait to receive checks.

9. Legal Report from Assistant Attorney General Diana Varela

   Assistant Attorney General Diana Varela reported that the Yuri Downing hearing will continue for additional hearing dates. Jessica Funkhouser, Attorney General's Office reported that the Arizona Right to Life lost its lawsuit challenging A.R.S § 16-901.01 as being unconstitutional. The statute provides the definition of the expressly advocacy. The judge granted a motion to dismiss finding that the Commission's interpretation was constitutional. The Arizona Right to Life committee has filed a motion to reconsider.

10. Call for Public Comment

    Tim LaSota, Miller, LaSota & Peters, commented that he disagrees with the legal advice with regard to the multi-candidate using the same qualifying contribution form. He also believes that the Commission's goals should be to maximize the opportunities for candidate participation.

    Ann Eschinger, Arizona League of Women Voters, requested that the agenda packet, including the Executive Director's report, be made available on the internet.

11. Agenda Items for the Next Meeting: Tuesday, November 18, 2003, 9:30 a.m.
    • 2004 budget and revenue projections for the next 4 years
    • Approval of the 2004 Commission meeting schedule
    • Article 7 rule changes.

12. Adjournment

    Chair Lemon declared the Commission meeting adjourned

    Next Meeting: November 18, 2003 at 9:30 a.m., Citizens Clean Elections
    Commission, 1616 W. Adams, Suite 110, Phoenix AZ 85007.

Dated this 31^st day of October, 2003

Citizens Clean Elections Commission