Advisory Opinions

R2-20-808. Advisory Opinions A. Requests for Advisory Opinions. 1. Any person may request in writing an advisory opinio n concerning the A.R.S. Title 16, Chapter 6.1 or any regulachap- tion prescribed by the Commission pursuant to that ter. An authorized agent of the requesting person ma y submit the advisory opinion request, but the agent shall disclose the identity of his or her principal. 2. The written advisory opinion request shall set forth a specific transaction or activity that the requesting perso n plans to undertake or is presently undertaking and intend s to undertake in the future. Requests presenting a general question of interpretation, or posing a hypothetical situa- March 31, 2026 Supp. Administrative Code 2 A.A.C. 20 ADMINISTRATION ELECTIONS COMMISSION tion, or regarding the activities of third parties, do not qualify as advisory opinion requests. 3. Advisory opinion requests shall include a complet e description of all facts relevant to the specific transactio n or activity with respect to which the request is made. advi- 4. The Executive Director shall review all requests for sory opinions submitted. If the Executive Director determines that a request for an advisory opinion is incomplet e or otherwise not qualified, they shall, within 10 days of receipt of such request, notify the requesting person an d specify the deficiencies in the request. Elec- 5. Advisory opinion requests must be sent to the Clean tions Commission by email or as directed by the Commission staff. Procedures for advisory opinion request s shall be available on the Commission website. B. Availability and Comments on Requests. 1. Advisory opinion requests which qualify under this Section shall be made public at the Commission promptl y upon their receipt. 2. A copy of the original request and any supplement s thereto, shall be available for public inspection and ma y be obtained via a written request to the Executive Director. con- 3. Any interested person may submit written comments cerning advisory opinion requests made public at th e Commission. 4. The written comments shall be submitted within 10 day s following the date the request is made public at the Commission. Additional time for submission of written comments may be granted upon written request for a n extension by the person who wishes to submit comment s or may be granted by the Executive Director without a n extension request. Comments on Advisory opinio n requests must be sent to the Clean Elections Commissio n by email or as directed by the Commission staff. C. Issuance and Reliance on Advisory Opinions 1. Within 60 calendar days after receiving a qualifying advisory opinion request, the Commission shall issue to th e requesting person a written advisory opinion or shall issue a written response stating that the Commission wa s unable to approve an advisory opinion by the require d affirmative vote of a majority of members present at a meeting of the Commission. 2. The 60 calendar day period is reduced to 20 calendar day s for a qualified advisory opinion request provided th e request: a. Is submitted by a person within the 60 calendar day s preceding the date of any election to which A.R.S. Title 16, Chapter 6.1 applies; b. Identifies the election by date and jurisdiction; c. Presents a specific transaction or activity related t o the election that may invoke the 20 day period if th e connection is explained in the request. 3. An advisory opinion rendered by the Commission may b e relied upon by any person involved in the specific transaction or activity with respect to which such advisor y spe- opinion is rendered, and any person involved in any cific transaction or activity which is indistinguishable i n all its material aspects from the transaction or activit y with respect to which such advisory opinion is rendered. 4. Any person who relies upon an advisory opinion and wh o acts in good faith in accordance with that advisory opinion shall not, as a result of any such act, be subject to an y sanction provided in A.R.S. Title 16, Chapter 6.1. 26-1 Page 31 2 A.A.C. 20 Arizona CHAPTER 20. CITIZENS CLEAN D. A request for reconsideration may be made by: 1. The person who made the request within 15 days of th e opinion’s approval but no later than five days before th e Commission’s next regular meeting; or 2. Any person who states a good faith basis for vacating or Sec- reversing a prior opinion subject to other rules in this tion. E. Any request for reconsideration shall meet all of the requirements otherwise required of an initial request. Historical Note New Section made by final exempt rulemaking at 29 A.A.R. 3523 (November 10, 2023), effective August 24, 2023 (Supp. 23-4).