Definitions

R2-20-101. Definitions In addition to the definitions provided in A.R.S. § 16-961, the following shall apply to the Chapter, unless the context otherwis e requires: 1. “Act” means the Citizens Clean Elections Act set forth i n the Arizona Revised Statutes, Title 16, Chapter 6, Articl e 2. 2. “Audit” means a written report pertaining to an examination of a candidate’s campaign finances that is reviewe d by the Commission in accordance with A.A.C. Title 2 , Chapter 20, Article 4. 3. “Campaign account” means an account at a financial institution designated by a political committee that i s used solely for political campaign purposes. 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, an d 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 otherwise specified by statute or these rules, “Candidate ” includes a Candidate for Statewide Office or a Legislativ e Candidate. per- 5. “Candidate for Statewide Office” means: A natural son seeking the office of governor, attorney general, secretary of state, treasurer, superintendent of publi c instruction, or mine inspector. 6. “Current campaign account” means a campaign account used solely for election campaign purposes in the presen t election cycle. 7. “Direct campaign purpose” includes, but is not limited to, materials, communications, transportation, supplies an d expenses used toward the election of a candidate. Thi s does not include the candidate’s personal appearance, support, or support of a candidate’s family member. 8. “Early contributions” means private contributions that ar e permitted pursuant to A.R.S. § 16-945. 9. “Examination” means an inspection by the Commissio n or agent of the Commission of a candidate’s books, records, accounts, receipts, disbursements, debts an d obligations, bank account records, and campaign financ e reports related to the candidate’s campaign, which ma y include fieldwork, or a visit to the campaign headquarters, to ensure compliance with campaign finance law s and rules. 10. “Executive Director” means the highest ranking Commission staff member, who is appointed pursuant to A.R.S. § 16-955(J) and is responsible for directing the day-to-da y operations of the Commission. 11. “Expressly advocates” means: a. Conveying a communication containing a phras e such as “vote for,” “elect,” “re-elect,” “support, ” “endorse,” “cast your ballot for,” “(name of candidate) in (year),” “(name of candidate) for (office), ” “vote against,” “defeat,” “reject,” or a campaign slogan or words that in context can have no reasonabl e meaning other than to advocate the election or defeat of one or more clearly identified candidates. b. Making a general public communication, such as i n broadcast medium, newspaper, magazine, billboard, or direct mailer referring to one or more clearl y identified candidates and targeted to the electorate of reason- that candidate(s) that in context can have no March 31, 2026 Supp. Administrative Code 2 A.A.C. 20 ADMINISTRATION ELECTIONS COMMISSION able meaning other than to advocate the election or defeat of the candidate(s), as evidenced by factor s such as the presentation of the candidate(s) in a favorable or unfavorable light, the targeting, placement, or timing of the communication, or the inclusion of statements of the candidate(s) or opponents. c. A communication within the scope of subsectio n (10)(b) shall not be considered as one that “expressly advocates” merely because it present s information about the voting record or position on a campaign issue of three or more candidates, so lon g 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 candidate’s agent. 12. “Extension of credit” means the delivery of goods or services or the promise to deliver goods or services to a candidate in exchange for a promise from the candidate t o pay for such goods or services at a later date. 13. “Family member” means parent, grandparent, aunt, uncle, child or sibling of the candidate or the candidate’ s spouse, including the spouse of any of the listed famil y members, regardless of whether the relation is establishe d by marriage or adoption. 14. “Fair market value” means the amount at which propert y would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts. capac- 15. “Fixed Asset” means tangible property usable in a ity that will benefit the candidate for a period of mor e than one year from the date of acquisition. estab- 16. “Fund” means the Citizens Clean Elections Fund 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 primar y or general elections. regis- 18. “Independent candidate” means a candidate who is tered as an independent or with no party preference or who is registered with a political party that is not eligibl e for recognition on the ballot. 19. “Legislative Candidate” means: A natural person seekin g 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 election, as certified by the Secretary of State, or who i s appointed to or otherwise fills a vacancy in such office. 21. “Person,” unless stated otherwise, or having context requiring otherwise, means: A corporation, company, natu- partnership, firm, association or society, as well as a 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 Citizens Clean Elections Fund and all funds disbursed by th e Commission to a participating candidate. 24. “Solicitor” means a person who is eligible to be regiscontribu- tered to vote in this state and seeks qualifying tions from qualified electors of this state. 25. “Unopposed” means in reference to state senate candidates and statewide candidates other than Corporatio n Commission, that the candidate is opposed by no candi- 26-1 Page 3 2 A.A.C. 20 Arizona CHAPTER 20. CITIZENS CLEAN dates who will appear on the ballot. In reference to candidates for the House of Representatives and Corporatio n candi- Commission, “unopposed” means that no more dates will appear on the ballot than the number of seat s available for the office sought. 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). Amended by final exempt rulemaking at 23 A.A.R. 113, effective December 15, 2016 (Supp. 16-4). Amended by final rulemaking at 28 A.A.R. 491 (March 4, 2022), with an immediate effective date of February 7, 2022 (Supp. 22- 1).