Section R2-20-111. Books and Records Requirements

A.      All candidates shall maintain, at a single location within the state, the books and records of financial transactions, and other information required by A.R.S. § 16-904.

B.       All candidates  shall  ensure that the  books  and  records  of accounts and transactions of the candidate are recorded and preserved as follows:

1.        The treasurer of a candidate’s campaign committee is the custodian of the candidate’s books and records of accounts and transactions, and shall keep a record of all of the following:

a.         All contributions or other monies received by or on behalf of the candidate.

b.        The identification of any individual or political com- mittee that makes any contribution together with the date and amount of each contribution and the date of deposit into the candidate’s campaign bank account.

c.         Cumulative totals contributed by each individual or political committee.

d.        The name and address of every person to whom any expenditure is made, and the date, amount and pur- pose or reason for the expenditure.

e.         All periodic bank statements or other statements for the candidate’s campaign bank account.

f.         In the event that the campaign committee uses a petty cash account the candidate’s campaign finance report shall include the same detail for each petty cash expenditure as required in A.R.S. § 16-948(C) for each vendor.

2.        No expenditure may be made for or on behalf of a candi- date without the authorization of the treasurer or his or her designated agent.

3.        Unless specified by the contributor or contributors to the contrary, the treasurer shall record a contribution made by check, money order or other written instrument as a con- tribution by the person whose signature or name appears on the bottom of the instrument or who endorses the instrument before delivery to the candidate. If a contribu- tion is made by more than one person in a single written instrument, the treasurer shall record the amount to be attributed to each contributor as specified.

4.        All contributions other than in-kind contributions  and qualifying contributions must be made by a check drawn on the account of the actual contributor or by a money order or a cashier’s check containing the name of the actual contributor or must be evidenced by  a written receipt with a copy of the receipt given to the contributor and a copy maintained in the records of the candidate.

5.        The treasurer shall preserve all records set forth in sub- section (B) and copies of all campaign finance reports required to be filed for three years after the filing of the campaign finance report covering the receipts and dis- bursements evidenced by the records.

6.        If requested by the attorney general, the county, city or town attorney or the filing officer, the treasurer shall pro- vide any of the records required to be kept pursuant to this Section.

C.      Any request to inspect a candidate’s records under A.R.S. § 16-958(F) shall be sent to the candidate, with a copy to the Commission, 10 or more days before the proposed date of the inspection. If the request is made within two weeks before the primary or general election, the request shall be delivered at least two days before the proposed date of inspection. Every request shall state with reasonable particularity the records sought.

1.        The inspection shall occur at a location agreed upon by the candidate and the person making the request. If no agreement can be reached, the inspection shall occur at the Commission office. The inspection shall occur during the Commission’s regular business hours and shall be limited to a two-hour time period.

2.        The requesting party may obtain copies of records for a reasonable fee. The Commission shall not be responsible for making copies. The person in possession of the records shall produce copies within a reasonable time of the receipt of the copying request and fees.

3.        The Commission will not permit public inspection of records if it determines that the inspection is for harass- ment purposes.

4.        If a person who requests to inspect a candidate’s records under A.R.S. § 16-958(F) is denied such a request, the requesting party may notify the Commission. The Com- mission may enforce the public inspection request by issuing a subpoena pursuant to A.R.S. § 16-956(B) for the production of any books, papers, records, or other items sought in the public inspection request. The sub- poena shall order the candidate to produce:

a.         All papers, records, or other items sought in the pub- lic inspection request;

b.        No later than two business days after the date of the subpoena; and

c.         To the Commission’s office during regular business hours.

5.        Any person who believes that a candidate or a candidate’s campaign committee has not complied with this Section may appeal to Superior Court.

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 13 A.A.R. 3597, effective January 1, 2008 (Supp. 07-

4). Amended by exempt rulemaking at 15 A.A.R. 1156,

effective August 31, 2009 (Supp. 09-2). Amended by final exempt rulemaking at 21 A.A.R. 1631, effective July 23, 2015 (Supp. 15-3).