16-805. Findings of fact and statement of public policy by the legislature of the state of Arizona concerning steps which must be taken to protect the fundamental rights of the citizens of this state and the safety of this state from international Communistic conspiracy
A. Upon evidence and proof which has been presented before this legislature, other state legislatures, the Congress of the United States and in the courts of the United States and in the courts of the several states; and although recognizing that the federal constitution vests the conduct of foreign relations in the federal government and the federal constitution guarantees to the several states a republican form of government and protection against foreign invasion and domestic violence, this state has the duty of self-preservation and the taking of necessary measures to cooperate with the federal government in the preservation of the peace and safety of the state of Arizona and in order to carry out article II, section 21 of the Arizona Constitution relating to free and equal elections and article VII, section 12 of the Arizona Constitution relating to the enactment of laws to secure the purity of elections; and in order to guard against the abuse of the elective franchise by the Communist Party of the United States which from time to time has qualified as a purported legitimate political party in the state of Arizona; and in order to secure to the citizens of this state their unalienable personal rights and liberty of conscience secured by the provisions of the Constitution of Arizona and in order to protect the peace and safety of the state of Arizona from the overthrow of its constitutional government by force or violence, and of its political subdivisions, the legislature of the state of Arizona finds and declares that, unlike other political parties which have evolved their policy and programs through public means, by the reconciliation of a wide variety of individual views, and submit those policies and programs to the electorate at large for approval or disapproval, the policies and programs of the Communist Party are prescribed for it by the foreign leaders of the world Communist movement.
B. The Communist Party members have no part in determining its goals and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with respect to its objectives and methods, and are organized, instructed and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike legitimate political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Communist Party is relatively small numerically and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional government of the United States, the governments of the several states, and the government of the state of Arizona and its political subdivisions ultimately must be brought to ruin by any available means, including resort to force and violence.
C. The establishment of a totalitarian dictatorship in any country results in the suppression of all opposition to the party in power, the subordination of the rights of individuals to the state, the denial of fundamental rights and liberties which are characteristic of a representative form of government, such as freedom of speech, of the press, of assembly, and of religious worship, and said totalitarian dictatorship ruthlessly suppresses academic freedom and inquiry into any human knowledge except the official doctrines of the dictatorship. This results in the maintenance of control over the people through fear, terrorism and brutality.
D. It is the public policy of this state to protect the safety of the constitutional government of the state of Arizona by constitutional means and at the same time protect the rights of the members of our free society to speak, to assemble and to inquire, including the principle of academic freedom which by fostering healthy self-criticism is especially vital in the progress of man's moral values and in man's exploration of the secrets of the atom on this planet and in outer space. To protect the safety of this state and the right of free citizens in a free society to inquire and to understand totalitarianism, it is essential that the schools, colleges and universities teach objectively and critically the governmental and social forms of past and present totalitarian slave states, including the foreign languages spoken therein. The rights set forth in this subsection do not include the right to embrace Communism or to attempt to persuade others to embrace Communism.
E. The direction and control of the world Communist movement is vested in and exercised by the Communist dictatorship of a foreign country.
F. The Communist dictatorship of such foreign country, in exercising such direction and control and in furthering the purposes of the world Communist movement, establishes or causes the establishment of, and utilizes, in various countries, action organizations which are not free and independent organizations, but are sections of a worldwide Communist organization and are controlled, directed and subject to the discipline of the Communist dictatorship of such foreign country.
G. The Communist action organizations so established and utilized in various countries, acting under such control, direction and discipline, endeavor to carry out the objectives of the world Communist movement by bringing about the overthrow of existing governments by any available means, including force or violence if necessary, and setting up Communist totalitarian dictatorships which will be subservient to the most powerful existing Communist totalitarian dictatorship. Although such organizations usually designate themselves as political parties, they are in fact constituent elements of the worldwide Communist movement and promote the objectives of such movement by conspiratorial and coercive tactics, instead of through the democratic processes of a free elective system or through the freedom-preserving means employed by a legitimate political party which operates as an agency by which people govern themselves.
H. In the United States and in this state those individuals who knowingly and wilfully participate in the world Communist movement, when they so participate, in effect repudiate their allegiance to the United States and this state, and in effect transfer their allegiance to the foreign country in which is vested the direction and control of the world Communist movement.
I. The Communist movement in the several states is an organization numbering thousands of adherents, rigidly and ruthlessly disciplined. Awaiting and seeking to advance at a moment when the several states may be so far extended by foreign engagements, so far divided in counsel, or so far in industrial or financial straits, that overthrow of the government of the United States and of the several states by force or violence may seem possible of achievement, it seeks converts far and wide by an extensive system of schooling and indoctrination. Such preparations by Communist organizations in other countries, including the recent events in the neighboring country of Cuba, have aided in supplanting existing governments. The Communist organization in the United States and in the several states, pursuing its stated objectives, the recent successes of Communist methods in other countries and the nature and control of the world Communist movement itself, present a clear and present danger to the security of the government of the United States, the governments of the several states and the government of the state of Arizona, including its political subdivisions, that make it necessary that the state of Arizona enact appropriate legislation, recognizing the existence of such worldwide Communist conspiracy, and designed to prevent it from accomplishing its purposes in this state and its political subdivisions. Therefore, the Communist Party should not be permitted to avail itself of the privileges, rights and immunities conferred by law upon legitimate political parties.
Structure Arizona Revised Statutes
Title 16 - Elections and Electors
§ 16-101 - Qualifications of registrant; definition
§ 16-102 - Power of attorney; prohibited use
§ 16-104 - Registration in incorporated cities and towns
§ 16-105 - Registration required by city ordinance or charter
§ 16-112 - Driver license voter registration
§ 16-120 - Eligibility to vote
§ 16-121 - Qualified elector; definition
§ 16-121.01 - Requirements for proper registration; violation; classification
§ 16-122 - Registration and records prerequisite to voting
§ 16-123 - Proof of location of residence
§ 16-124 - Public officer residing in county of post of duty
§ 16-125 - Change of residence to different county during twenty-nine day period preceding election
§ 16-126 - Authority to vote in presidential election after moving from state
§ 16-127 - Federal only voters; early ballot; eligibility; exemption
§ 16-128 - Clerk of the court; secretary of state; county recorder; notice of conviction
§ 16-131 - Registration of electors; deputy registrars
§ 16-132 - Voter registration assistance; hunting, fishing, trapping licenses; definitions
§ 16-133 - Voter registration events; website posting
§ 16-135 - Change of residence from one address to another
§ 16-136 - Change of political party
§ 16-138 - Voter registration database; federal only voters; analysis; annual report; investigation
§ 16-139 - Registration expenses as county charge
§ 16-140 - Voter registration assistance agencies; definitions
§ 16-141 - Armed forces recruiting offices; voter registration assistance
§ 16-143 - Federal only voters; attorney general; investigation; report
§ 16-144 - Same day voter registration prohibited; violation; classification
§ 16-145 - Automatic voter registration prohibited
§ 16-151 - Forms for registration supplied by county recorder and secretary of state
§ 16-153 - Voter registration; confidentiality; definitions
§ 16-161 - Official record of registration; federal form; reporting
§ 16-162 - Retention of registration forms and record of cancellation
§ 16-165 - Causes for cancellation; report
§ 16-166 - Verification of registration
§ 16-168.01 - County contributions to the voter registration system fund; exemption
§ 16-169 - Disposition and use of precinct registers; signature roster; form
§ 16-170 - Transmittal of signature roster to county recorder; comparison of names by recorder
§ 16-171 - Preservation of signature rosters as permanent records
§ 16-172 - Use of county registration rolls by political subdivisions
§ 16-173 - County recorder to file data processing system or program
§ 16-181 - Return of registration; violation; classification
§ 16-182 - False registration; classification; cancellation of registration
§ 16-183 - Violations; classification
§ 16-184 - Additional violations; classification
§ 16-193 - Active registered voters; applicability
§ 16-202 - Notice of offices for which candidates are to be nominated at primary
§ 16-203 - Primary election for nomination of candidates in municipalities
§ 16-204 - Declaration of statewide concern; consolidated election dates; definition
§ 16-205 - Election dates; notice; administration
§ 16-212 - Election of presidential electors; electoral college votes; vacancy; replacement
§ 16-213 - Election of United States senator
§ 16-221 - Special election to fill vacancy in Congress
§ 16-222 - Vacancy in the office of United States senator or representative
§ 16-225 - Special district election dates
§ 16-226 - Nonpartisan elections; local elections; time of calling; definition
§ 16-227 - Publication or posting of call of election for nonpartisan elections
§ 16-228 - Notice of election for nonpartisan elections
§ 16-229 - Affidavit of compliance
§ 16-230 - Vacancy in certain state or county offices; election
§ 16-241 - Presidential preference election; conduct of election
§ 16-242 - Qualifications for ballot; nomination paper
§ 16-243 - National convention delegates; vote for candidates
§ 16-244 - Representation on ballot
§ 16-245 - Form and content of ballot
§ 16-246 - Early balloting; satellite locations; additional procedures
§ 16-247 - Write-in candidates prohibited
§ 16-248 - Designation of polling places
§ 16-249 - Certification of election to parties; automatic recount inapplicable; tabulation
§ 16-250 - Expenses of election
§ 16-301 - Nomination of candidates for printing on official ballot of general or special election
§ 16-302 - Failure to nominate candidate in primary election
§ 16-311 - Nomination papers; statement of interest; filing; definitions
§ 16-312 - Filing of nomination papers for write-in candidates
§ 16-313 - Filing of nomination paper and petitions for special primary election
§ 16-314 - Filing and form of nomination petitions; definition
§ 16-315 - Form of petitions; registration of circulators
§ 16-317 - Secure online signature collection; municipal, county and precinct committeeman offices
§ 16-318 - Secure online signature collection; federal offices
§ 16-321 - Signing and certification of nomination petition; definition
§ 16-322 - Number of signatures required on nomination petitions
§ 16-331 - Election of superior court judges by declared divisions of court
§ 16-332 - Election of justices of supreme court or judges of court of appeals by declared terms
§ 16-333 - Preparation and filing of nominating petition for certain judicial offices
§ 16-342 - Special election nominations by delegate convention
§ 16-343 - Filling vacancy caused by death or incapacity or withdrawal of candidate
§ 16-344 - Office of presidential elector; appointment by state committee chairman
§ 16-351 - Limitations on appeals of validity of nomination petitions; disqualification of candidate
§ 16-351.01 - Nomination challenges; expenses
§ 16-401 - Applicability of general election law to primary elections
§ 16-403 - City or town elections; duties of officers
§ 16-404 - Preparation of polling place; voting booths; ballot boxes for paper ballots
§ 16-405 - Preparation for elections
§ 16-406 - Public display of voting equipment
§ 16-407.01 - Election administration; private monies prohibited
§ 16-407.02 - Elections training classes; statement; water; registration form
§ 16-407.03 - Election deadlines; filings; violation; classification
§ 16-408 - Cost of special district elections; bond
§ 16-409 - Certain cities, towns and school districts; mail ballot elections; report
§ 16-410 - Cancellation of certain elections; appointment to office; filling vacancies
§ 16-412 - Effective date of new precincts
§ 16-413 - Precincts; special district boundaries
§ 16-441 - Effective date of article; approval of counting equipment
§ 16-442 - Committee approval; adoption of vote tabulating equipment; experimental use; emergency
§ 16-442.01 - Accessible voting technology; recommendations; certification; applicability
§ 16-443 - Authorization of use at all elections
§ 16-444 - Definitions; applicability of general laws
§ 16-445 - Filing of computer election programs with secretary of state
§ 16-446 - Specifications of electronic voting system
§ 16-447 - Voting devices; inspection; specifications and number of booths
§ 16-448 - Write-in votes; instructions
§ 16-449 - Required test of equipment and programs; notice; procedures manual
§ 16-450 - Location and acquisition of vote tabulating devices
§ 16-451 - Cost; means of financing
§ 16-462 - Form of paper ballot
§ 16-464 - Rotation of names on ballots
§ 16-465 - Arrangement of candidates' names at primary election
§ 16-467 - Method of voting on ballot
§ 16-468 - Form of ballot; optical scanning system; sample ballots
§ 16-501 - Compliance with primary election law as prerequisite to printing name on ballot
§ 16-502 - Form and contents of ballot
§ 16-504 - Antifraud ballot paper; vendor certification; antifraud measures
§ 16-507 - Presentation of presidential candidates on ballot
§ 16-508 - Number of ballots furnished each polling place
§ 16-509 - Delivery of ballots to election officers
§ 16-510 - Sample ballots; preparation and distribution
§ 16-511 - Duty of board of supervisors to furnish election supplies to precinct officers
§ 16-512 - Displaying United States flag at polls
§ 16-513 - Instructions for voters and election officers; overvote notice
§ 16-513.01 - Right to vote a provisional ballot; notice
§ 16-514 - Notice to voters; form
§ 16-515 - "Seventy-five foot limit" notices; posting; violation; classification
§ 16-531 - Appointment of election boards; qualifications
§ 16-533 - Filling vacancy in election board by electors
§ 16-535 - Election marshal; appointment; powers and duties
§ 16-536 - Compensation of election board officers
§ 16-537 - Powers and duties of election officers with respect to special elections
§ 16-542 - Request for ballot; civil penalties; violation; classification
§ 16-543 - Application for ballot; United States service; emergency procedures
§ 16-543.02 - Federal write-in early ballots; procedure; registration form
§ 16-544 - Active early voting list; civil penalty; violation; classification; definition
§ 16-547 - Ballot affidavit; form
§ 16-548 - Preparation and transmission of ballot
§ 16-550 - Receipt of voter's ballot; cure period
§ 16-550; Version 2 - Receipt of voter's ballot; cure period; tracking system
§ 16-551 - Early election board; violation; classification
§ 16-552 - Early ballots; processing; challenges
§ 16-558 - Special districts; mail ballot election option; conduct
§ 16-558.01 - Mailing of ballots
§ 16-558.02 - Replacement ballots
§ 16-562 - Preparation and arrangement of polling place with voting booths and ballot boxes
§ 16-563 - Posting sample ballots, instruction cards and notice to voters before opening polls
§ 16-565 - Hours polls opened and closed; proclamation of opening and closing polls
§ 16-566 - Opening and closing of polling place; unused ballots
§ 16-570 - Conduct of election; duties of officers; placing machines
§ 16-571 - Poll lists to be kept by election clerk; posting
§ 16-572 - Delivery and custody of ballots at polling place
§ 16-573 - Substitution of ballots when official ballots not available
§ 16-574 - Repair or substitution of machines; use of paper ballots
§ 16-579 - Procedure for obtaining ballot by elector
§ 16-579.01 - Early ballots; on-site tabulation
§ 16-579.02 - Election day early ballot on-site tabulation procedure; fund
§ 16-580 - Manner of voting; assistance for certain electors
§ 16-581 - Elderly persons; persons with disabilities; inaccessible polling places; definitions
§ 16-583 - Voter not on precinct register; inactive voter list; procedure
§ 16-585 - Spoiled ballots; disposition
§ 16-590 - Appointment of challengers and party representatives
§ 16-591 - Grounds for challenging an elector
§ 16-592 - Proceedings on challenge; disposition of ballot
§ 16-593 - Rules determining residence of voter upon challenge; reading of rules upon request
§ 16-594 - List of challenges, grounds and rulings
§ 16-603 - Inspection of ballots by party representative
§ 16-604 - Election integrity fund; purpose; exemption
§ 16-607 - Statements of tally
§ 16-608 - Delivery of ballots; electronic voting system
§ 16-609 - Questioned legality of ballots; procedure
§ 16-610 - Uncertainty of voter's choice as cause for rejection
§ 16-611 - Certain defects invalidating vote for particular office
§ 16-612 - Determination of write-in choice of voter
§ 16-614 - Signing of tally lists after completion of tally
§ 16-615 - Delivery of returns
§ 16-616 - Preparation and disposition of unofficial returns
§ 16-617 - Transmittal of signature roster and precinct registers after election
§ 16-621 - Proceedings at the counting center
§ 16-622 - Official canvass; unofficial results
§ 16-623 - Copy of abstract of vote of certain counties filed with secretary of state
§ 16-624 - Disposition of official returns and ballots
§ 16-625 - Electronic data and digital images; ballots; security
§ 16-642 - Canvass of election; postponements
§ 16-644 - Effect of want of form in precinct returns
§ 16-646 - Statement, contents and mailing of official canvass
§ 16-647 - Declaration of election to office; delivery of certificate of election
§ 16-648 - Canvass for state offices, amendments and measures; postponement
§ 16-649 - Determination of tie vote; notice to candidates; exception
§ 16-650 - Declaration of election to office; delivery of certificate of election
§ 16-651 - Proclamation by governor on amendments and initiated and referred measures
§ 16-661 - Automatic recount; requirements
§ 16-662 - Certification to superior court of facts requiring recount
§ 16-663 - Recount of votes; method
§ 16-664 - Recount of votes by automatic tabulating system
§ 16-665 - Determination of results by court; distribution of copies of order of determination
§ 16-666 - Expenses of recount
§ 16-667 - Supplementary nature of article
§ 16-671 - Contest of primary elections
§ 16-672 - Contest of state election; grounds; venue
§ 16-673 - Statement of contest; verification; filing
§ 16-674 - Contest of county or other election
§ 16-675 - Summons; form; answer
§ 16-676 - Time for hearing contest; continuance; findings of the court; judgment
§ 16-677 - Inspection of ballots before trial; petition; bond; appointment of inspectors
§ 16-678 - Inapplicability of article to contests of election of legislators
§ 16-701 - Applicability of election laws
§ 16-702 - Number of delegates
§ 16-703 - Qualifications of candidates for delegate; nominations
§ 16-706 - Meeting of delegates in convention
§ 16-707 - Organization of convention
§ 16-708 - Journal of proceedings
§ 16-709 - Certificate of ratification
§ 16-710 - Compensation and mileage of delegates
§ 16-711 - Congressional provisions as superseding article
§ 16-801 - Representation of new party on ballot at primary and general elections
§ 16-802 - Representation of new party on ballot for county or municipal election
§ 16-807 - Political parties trust fund
§ 16-821 - County committee; vacancy in office of precinct committeeman
§ 16-822 - Precinct committeemen; eligibility; vacancy; duties; term
§ 16-823 - Legislative district committee; organization; boundary change; reorganization
§ 16-824 - Meeting, organization and officers of county committee
§ 16-825.01 - State committee; vacancy; filling of vacancy
§ 16-826 - Meeting, organization and officers of state committee
§ 16-827 - Executive committee of state committee
§ 16-901.01 - Limitations on certain unreported expenditures and contributions
§ 16-905 - Committee qualification; requirements; exemption; adjustments
§ 16-906 - Committee statement of organization; amendment; committee limitation
§ 16-907 - Committee recordkeeping; treasurer; accounts
§ 16-908 - Mega PAC status qualification
§ 16-911 - Exemption from definition of contribution
§ 16-912 - Individual contribution limits; requirements
§ 16-913 - Candidate committee contribution limits; requirements
§ 16-914 - Political action committee contribution limits; requirements
§ 16-915 - Political party contribution limits; requirements
§ 16-917 - Partnership contribution limits; requirements
§ 16-918 - Earmarking prohibited
§ 16-921 - Exemptions from definition of expenditure
§ 16-922 - Independent and coordinated expenditures
§ 16-925 - Advertising and fundraising disclosure statements
§ 16-926 - Campaign finance reports; contents
§ 16-927 - Campaign finance reporting period
§ 16-928 - Filing officer; statements and reports
§ 16-931 - Biennial adjustments; committee registration; contribution limits
§ 16-933 - Transfer and disposal of committee monies; limitations
§ 16-934 - Termination statement; filing; contents
§ 16-937 - Failure to file; penalties; notice; suspension
§ 16-938 - Enforcement authority; investigation; reasonable cause; notice of violation; appeal
§ 16-940 - Findings and declarations
§ 16-941 - Limits on spending and contributions for political campaigns
§ 16-942 - Civil penalties and forfeiture of office
§ 16-943 - Criminal violations and penalties
§ 16-945 - Limits on early contributions
§ 16-946 - Qualifying contributions
§ 16-947 - Certification as a participating candidate
§ 16-948 - Controls on participating candidates' campaign accounts
§ 16-949 - Controls on spending from citizens clean elections fund
§ 16-950 - Qualification for clean elections funding
§ 16-951 - Clean elections funding
§ 16-952 - One-party-dominant legislative district
§ 16-953 - Return of monies to the citizens clean elections fund
§ 16-954 - Disposition of excess monies
§ 16-955 - Citizens clean election commission; structure
§ 16-956 - Voter education and enforcement duties
§ 16-957 - Enforcement procedure
§ 16-958 - Manner of filing reports
§ 16-959 - Inflationary and other adjustments of dollar values
§ 16-1001 - Applicability of penal provisions
§ 16-1002 - Counterfeiting or distributing unlawful ballots; classification
§ 16-1003 - False endorsement, knowing destruction or delay in delivery of ballot; classification
§ 16-1005 - Ballot abuse; violation; classification
§ 16-1006 - Changing vote of elector by corrupt means or inducement; classification
§ 16-1007 - Election officer ascertaining or disclosing elector's vote; classification
§ 16-1008 - Election officer changing vote of elector by menace or reward; classification
§ 16-1009 - Failure or refusal to perform duty by election officer; classification
§ 16-1010 - Refusal by election officer to perform duty; violation of election law; classification
§ 16-1011 - Counterfeiting election returns; violation; classification
§ 16-1012 - Intimidation of elector by employer; classification
§ 16-1013 - Coercion or intimidation of elector; classification
§ 16-1014 - Corruption of electors; classification
§ 16-1015 - Election wagers; classification
§ 16-1017 - Unlawful acts by voters with respect to voting; classification
§ 16-1018 - Additional unlawful acts by persons with respect to voting; classification
§ 16-1019 - Political signs; printed materials; tampering; violation; classification
§ 16-1020 - Signing of petitions; violation; classification
§ 16-1021 - Enforcement by attorney general and county, city or town attorney
§ 16-1022 - Campaign finance violations; classification
§ 16-1101 - Redistricting; legislative district designation
§ 16-1103 - Legislative and congressional redistricting; census enumeration