Section R2-20-107. Candidate Debates

A.      The Commission shall sponsor debates among statewide and legislative office candidates prior to the primary and general elections. Except as set forth in the subsection below, the Commission shall not be required to sponsor a debate if there is no participating candidate in the election for a particular office.

B.       In the primary election period, the Commission shall sponsor political party primary election debates for every office in which:

1.        There are at least two candidates of the political party's nomination, and

2.        At least one of the candidates is a participating candidate.

C.      The following candidates will not be invited to participate in debates as follows:

1.        In the primary election, write-in candidates for the pri- mary election, independent candidates, no party affilia- tion or unrecognized party candidates.

2.        In the general election, write-in candidates.

D.      In the event that there is no participating candidate in a pri- mary or general election but there is an election involving can- didates subject to invitation pursuant to this rule, the following apply:

1.        Primary Election. In the event that there is no participat- ing candidate in a primary election, but the election includes two candidates who are subject to invitation pur- suant this rule, a candidate subject to invitation may request that the Commission sponsor a debate pursuant to this rule. If the requesting candidate is the sole participant in the debate the format shall be as prescribed in R2-20- 107(K).

2.        General Election. In the event that there is no participat- ing candidate in a general election, but the election includes two candidates who are subject to invitation pur- suant to this rule, a candidate subject to invitation may request that the Commission sponsor a debate pursuant to this rule. If the requesting candidate is the sole participant in the debate the format shall be as prescribed in R2-20- 107(K).

3.        A nonparticipating candidate who requests a debate pur- suant to this rule shall complete and return the invitation form sent to the candidate by the Commission by the deadline identified on the form. Forms received by the Commission past the deadline may still be considered at the discretion of the Commission. Commission staff shall notify all invited candidates if a debate will be sponsored by the Commission and which candidates will participate.

4.        If a candidate requests that the Commission sponsor a debate and fails or refuses to attend the debate, or a candi- date agrees to participate in a debate and subsequently fails or refuses to attend the debate sponsored by the Commission, each candidate who fails or refuses to attend the debate shall reimburse the Commission for the cost of debate preparations not to exceed $10,000 for a non-participating   candidate   for   the   legislature    and

$25,000 for a non-participating candidate for statewide office. In the event that a candidate requests a general election debate or agrees to participate in a general elec- tion debate but does not advance to the general election, the candidate shall not be liable for the reimbursement.

E.       Pursuant to A.R.S. § 16-956(A)(2), all participating candidates certified pursuant to A.R.S. § 16-947 shall attend and partici- pate in the debates sponsored by the Commission. No proxies or representatives are permitted to participate for any candi- date and no statements may be read on behalf of an absent can- didate.

F.       Unless exempted, if a participating candidate fails to partici- pate in any Commission-sponsored debate, the participating candidate shall be fined $500.00. For purposes of this Section, each primary or general election shall be considered a separate election.

G.      A participating candidate may request to be exempt from par- ticipating in a required debate by doing the following:

1.        Submit a written request to the Commission at least one week prior to the scheduled debate, and

2.        State the reasons and circumstances justifying the request for exemption.

H.      After examining the request to be exempt, the Commission will exempt a candidate from participating in a debate if at least three Commissioners determine that the circumstances are:

1.        Beyond the control of the candidate;

2.        Of such nature that a reasonable person would find the failure to attend justifiable or excusable; or

3.        Good cause, as defined in A.R.S. § 16-918(E).

I.        A participating candidate who fails to participate in a required debate may submit a request for excused absence to the Com- mission.

1.        The candidate's request for excused absence shall:

a.         State the reason the candidate failed to participate in the debate, and

b.        State the reason the candidate failed to request an exemption in advance, and

c.         Be submitted to the Commission no later than five business days after the date of the debate the candi- date failed to attend.

2.        After examining the request for excused absence, the Commission may excuse a candidate from the penalties imposed if at least three Commissioners determine that the circumstances were:

a.         Beyond the control of the candidate;

b.        Of such nature that a reasonable person would find the failure to attend justifiable or excusable; or

c.         Good cause, as defined in A.R.S. § 16-918(E).

J.        When a participating candidate is not opposed in the general election, the candidate shall be exempt from participating in a Commission-sponsored debate for the general election.

K.      In the event that a participating candidate is opposed in the pri- mary election or general election but is the only candidate tak- ing part in a primary election period or general election period debate, as applicable, the debate will be held and will consist of a 30-minute question and answer session for the single par- ticipating candidate. If more than one candidate takes part in the debate, regardless of participation status, the debate will be held in accordance with the procedures established by the Commission staff.

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). Section repealed by exempt rulemaking at 11 A.A.R.

4518, effective May 28, 2005 (Supp. 05-4). New Section made by exempt rulemaking at 12 A.A.R. 758, effective February 15, 2006 (Supp. 06-1). 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. 1690, effective October 6, 2011 (Supp. 13-2). Amended by

exempt rulemaking at 19 A.A.R. 4213, effective Novem- ber 21, 2013 (Supp. 13-4). Amended by final exempt

rulemaking at 21 A.A.R. 1627, effective July 23, 2015

(Supp. 15-3).