Practice Areas - Elections

Benavidez Law Group, P.C., has a great deal of experience with elections and election laws. In fact, we have overseen many elections for our clients. So, we know the election process from both sides. Although we cannot represent private clients in elections being held by another one of our clients, we are very qualified to provide representation, advice and assistance to someone who wants to tackle the election process in Tucson, Pima County, or some other jurisdiction.

If you would like to get involved in the election process, we here at Benavidez Law Group, P.C., would be happy to help. We can help you with your initiative or referendum, help you form a political or campaign committee, or serve as general counsel to a political or campaign committee. Our services as general counsel include filing all required statements and reports (including campaign finance reports), accepting service of process, and being available to answer general questions. This does not include managing a candidate's campaign or acting as a committee officer. If you would like to retain our services to help you with an election matter, please make an appointment for a consultation.

Most people who want to get involved in an election want to put an initiative measure on the ballot, but there are many other aspects of elections that people may find confusing. Below are some of the questions most commonly asked by people about elections, and some basic answers to them. Please note that the laws involved in elections are actually very complex, and these answers do not cover everything that they require. We can help you with any elections issues, so if this page doesn't answer your question, please feel free to call us for an appointment. [NOTE: Counties, cities and towns may have established their own election procedures that differ somewhat from the procedures outlined here. To be sure that you are following the correct procedures, you should consult an attorney before filing any election document.]

• How do I put an initiative measure on the ballot?
• How do I file a referendum against a piece of legislation?
• What's the difference between a political committee and a campaign committee?
• How do I form a political or campaign committee?
• How much can I contribute to my favorite political candidate?
• What must I do before I am allowed to lobby members of the legislature?

How do I put an initiative measure on the ballot?

Article IV, part 1, section 1, of the Constitution of the State of Arizona grants the power of the initiative to the people of Arizona. Under this power, ten percent of the qualified voters can propose a piece of legislation, and fifteen percent can propose an amendment to the State Constitution. For local (city, town, or county) measures, fifteen percent of the voters must propose the initiative.

To propose an initiative measure, you first must write a description of the proposed measure, in one hundred words or less, and submit it to the Secretary of State (or city/town/county clerk) along with an application for an initiative serial number. Once you have a serial number, you then must create an initiative petition, which includes the description of the proposed measure and spaces for signatures. Before you can collect signatures, you must also file a Statement of Organization, which is the same form that political committees must file. Then, you must collect signatures and file the signed petitions with the appropriate official (which depends on what area the measure covers). If you've gathered enough signatures, your measure will be placed on the ballot.

How do I file a referendum against a piece of legislation?

Article IV, part 1, section 1, of the Constitution of the State of Arizona also grants the power of the referendum to the people of Arizona. The referendum power allows the voters to demand that specific legislation be put to a popular vote, instead of a vote of the legislature. If five percent of the qualified voters (ten percent in counties, cities or towns) ask that a piece of legislation be referred, it will be placed on the ballot.

The procedures for filing a referendum are similar to the procedures for filing an initiative, but with some specific differences. If you're considering filing a referendum, we can help you make sure the proper procedures are followed.

What's the difference between a political committee and a campaign committee?

The term "political committee" is broadly defined by Arizona Revised Statutes section 16-901(19). A campaign committee is a kind of political committee -- one that is formed to help a particular candidate get elected. So, as far as the elections laws are concerned, there really is not much difference. Both types of committees are organized to raise money to achieve some political goal, and both types must follow the same requirements for formation and accepting contributions. There are some particular rules that apply only to certain types of committees, though. If you're considering starting a political or campaign committee, please call us to schedule an appointment so we can discuss the specific details of your situation.

How do I form a political or campaign committee?

Forming a political or campaign committee is actually a lot like forming a business. First, you must decide who is going to be a part of the committee. Each committee must have a chairman and a treasurer, who cannot be the same person (except that a candidate may be both the chairman and treasurer of his or her own campaign committee). Then, you must register the committee and designate a bank account for contributions and expenditures. When the committee is registered, it will receive a registration number. If the committee will be active in more than one jurisdiction (such as neighboring towns), then it must register with the Secretary of State and with the city, town or county clerk in each jurisdiction where it is active. Once a committee has completed its registration requirements, it may accept contributions and make expenditures. Each time an election occurs, each active political committee must file campaign finance reports. Other reports may be required as well, ! depending on the activities of the committee.

How much can I contribute to my favorite political candidate?

Actually, it depends on what office your candidate is trying to obtain. At this time, for a statewide office (such as Governor), the general limit is $760.00. For an office that is not statewide (such as County Supervisor), the general limit is $300.00. There are also limits on the amount that a political committee may contribute to a single candidate, as well as on the amount that candidates may accept. The Secretary of State adjusts these amounts every other year, based on the change in the Consumer Price Index. Candidates who participate in the Citizens' Clean Elections Fund have further limitations, including a five-dollar individual contribution limit.

Certain contributions are prohibited. For example, a person may not make a contribution in the name of another person. These prohibitions are enforced by stiff criminal penalties, which include the possibility of time in jail or prison. If you have a question about a contribution you are considering, you should consult an attorney for legal advice before making the contribution.

What must I do before I am allowed to lobby members of the legislature?

There are many laws that apply to lobbyists. A lobbyist is anyone "who is employed by, retained by or representing a person other than himself, with or without compensation, for the purpose of lobbying and who is listed as a lobbyist by" that person. Lobbying is trying to influence the decision of a legislator or a school district board. Lobbyists must be designated as such by the person or group for whom they lobby, and must pay an annual fee. Additionally, lobbyists and the people for whom they work must report their expenditures. If your group is planning to send a lobbyist to the State Legislature, feel free to schedule an appointment so we can give you more detailed guidance.