Section R2-20-101. Definitions

In addition to the definitions provided in A.R.S. §§ 16-901 and 16- 961, the following shall apply to the Chapter, unless the context otherwise requires:

1.        “Act” means the Citizens Clean Elections Act set forth in the Arizona Revised Statutes, Title 16, Chapter 6, Article 2.

2.        “Audit” means a written report pertaining to an examina- tion of a candidate’s campaign finances that is reviewed by the Commission in accordance with A.A.C. Title 2, Chapter 20, Article 4.

3.        “Campaign account” means an account designated by a political committee that is used solely for political cam- paign purposes as required in A.R.S. § 16-902(C).

4.        “Candidate” means a natural person who receives or gives consent for receipt of a contribution for the person’s nomination for or election to any office in this state, and includes the person’s campaign committee, the political committee designated and authorized by the person, or any agents or personnel of the person. When not other- wise specified by statute or these rules, “Candidate” includes a Candidate for Statewide Office or a Legislative Candidate.

5.        “Candidate for Statewide Office” means: A natural per- son seeking the office of governor, attorney general, sec- retary of state, treasurer, superintendent of public instruction, or mine inspector.

6.        “Current campaign account” means a campaign account used solely for election campaign purposes in the present election cycle.

7.        “Direct campaign purpose” includes, but is not limited to, materials, communications, transportation, supplies and expenses used toward the election of a candidate. This does not include the candidate’s personal appearance, support, or support of a candidate’s family member.

8.        “Early contributions” means private contributions that are permitted pursuant to A.R.S. § 16-945.

9.        “Examination” means an inspection by the Commission or agent of the Commission of a candidate’s books, records, accounts, receipts, disbursements, debts and obligations, bank account records, and campaign finance reports related to the candidate’s campaign, which may include fieldwork, or a visit to the campaign headquar- ters, to ensure compliance with campaign finance laws and rules.

10.     “Executive Director” means the highest ranking Commis- sion staff member, who is appointed pursuant to A.R.S. § 16-955(J) and is responsible for directing the day-to-day operations of the Commission.

11.     “Expressly advocates” means:

a.         Conveying a communication containing a phrase such as “vote for,” “elect,” “re-elect,” “support,” “endorse,” “cast your ballot for,” “(name of candi- date) in (year),” “(name of candidate) for (office),” “vote against,” “defeat,” “reject,” or a campaign slo- gan or words that in context can have no reasonable meaning other than to advocate the election or defeat of one or more clearly identified candidates.

b.        Making a general public communication, such as in broadcast medium, newspaper, magazine, billboard, or direct mailer referring to one or more clearly identified candidates and targeted to the electorate of that candidate(s) that in context can have no reason- able meaning other than to advocate the election or defeat of the candidate(s), as evidenced by factors such as the presentation of the candidate(s) in a favorable or unfavorable light, the targeting, place- ment, or timing of the communication, or the inclu- sion of statements of the candidate(s) or opponents.

c.         A communication within the scope of subsection (10)(b) shall not be considered as one that “expressly advocates” merely because it presents information about the voting record or position on a campaign issue of three or more candidates, so long as it is not made in coordination with a candidate, political party, agent of the candidate or party, or a person who is coordinating with a candidate or can- didate’s agent.

12.     “Extension of credit” means the delivery of goods or ser- vices or the promise to deliver goods or services to a can- didate in exchange for a promise from the candidate to pay for such goods or services at a later date.

13.     “Family member” means parent, grandparent, spouse, child, or sibling of the candidate or a parent or spouse of any of those persons.

14.     “Fair market value” means the amount at which property would change hands between a willing buyer and a will- ing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the rele- vant facts.

15.     “Fixed Asset” means tangible property usable in a capac- ity that will benefit the candidate for a period of more than one year from the date of acquisition.

16.     “Fund” means the Citizens Clean Elections Fund estab- lished pursuant to A.R.S. § 16-949(D).

17.     “Future campaign account” means a campaign account that is used solely for campaign election purposes in an election that does not include the present or prior primary or general elections.

18.     “Independent candidate” means a candidate who is regis- tered as an independent or with no party preference or who is registered with a political party that is not eligible for recognition on the ballot.

19.     “Legislative Candidate” means: A natural person seeking the office of state senator or state representative.

20.     “Officeholder” means a person who has been elected to a statewide office or the legislature in the most recent elec- tion, as certified by the Secretary of State, or who is appointed to or otherwise fills a vacancy in such office.

21.     “Person,” unless stated otherwise, or having context requiring otherwise, means: A corporation, company, partnership, firm, association or society, as well as a natu- ral person.

22.     “Prior campaign account” means  a campaign account used solely for campaign election purposes in a prior election.

23.     “Public funds” includes all funds deposited into the Citi- zens Clean Elections Fund and all funds disbursed by the Commission to a participating candidate.

24.     “Solicitor” means a person who is eligible to be regis- tered to vote in this state and seeks qualifying contribu- tions from qualified electors of this state.

25.     “Unopposed” means in reference to state senate candi- dates and statewide candidates other than Corporation Commission, that the candidate is opposed by no candi- dates who will appear on the ballot. In reference to candi- dates for the House of Representatives and Corporation Commission, “unopposed” means that no more candi- dates will appear on the ballot than the number of seats available for the office sought.

a.         For purposes of funding pursuant to A.R.S. § 16- 951, “unopposed means that the candidate is unop- posed for both the primary election and the general election.

b.        For purposes of equal funding allocations pursuant to A.R.S. § 16-952(A), “unopposed” means that the candidate is unopposed in the party primary.

c.         For purposes of equal funding allocations pursuant to A.R.S. § 16-952(B), “unopposed” means that the candidate is unopposed in the general election.

Historical Note

New Section adopted by exempt rulemaking at 6 A.A.R. 1567, effective June 21, 2000 (Supp. 00-2). Section repealed; new Section made by exempt rulemaking at 8

A.A.R. 588, effective October 17, 2001 (Supp. 02-1). Amended by exempt rulemaking at 11 A.A.R. 4518, effective May 28, 2005 (Supp. 05-4). Amended by

exempt rulemaking at 13 A.A.R. 2434, effective August 27, 2007 (Supp. 07-2). Amended by exempt rulemaking

at 15 A.A.R. 1156, effective August 31, 2009 (Supp. 09-

2). Amended by exempt rulemaking at 19 A.A.R. 3515,

effective September 27, 2013 (Supp. 13-4).