Final report of the sunset review of the Election Officer Education, Training and Certification Advisory Committee

              Rep. Weiers
Rm221
Arizona House of Representatives
House Majority Research
MEMORANDUM
Ralene Whitlller
Assistant Legislative Research Analyst
(602) 926-3898
To: JOINT LEGISLATIVE AUDIT COMMITTEE
Representative David Burnell Smith, Co-Chair
Senator John Huppenthal, Co-Chair
1700 W. Washington
Phoenix, AZ 85007-2848
FAX (602) 417-3138
Date: December 13,2005
Subject: Sunset Review of the Election Officer Education, Training and Certification Advisory
Committee
Attached is the final report of the sunset review of the Election Officer Education Training and
Certification Advisory Committee, which was conducted by the House of Representatives Judiciary and
Senate judiciary Committee of Reference.
This report has been distributed to the following individuals and agencies:
Governor ofthe State of Arizona
The Honorable Janet Napolitano
President of the Senate
Senator Ken Bennett
Senate Members
Senator John Huppenthal, Co-Chair
Senator Linda Aguirre
Senator Jack Harper
Senator Dean Martin
Senator Richard Miranda
Speaker ofthe House of Representatives
Representative James P. Weiers
House Members
Representative David Burnell Smith, Co-Chair
Representative Steve Gallardo
Representative Ben Miranda
Representative Doug Quelland
Representative Steven Yarbrough
Election Officer Education, Training and Certification Advisory Committee
Arizona State Library, Archives & Public Records
Office ofthe Auditor General
Senate Majority Staff
Senate Research Staff
Senate Minority Staff
Senate Resource Center
House Majority Staff
House Research Staff
House Minority Staff
Chief Clerk
House ofRepresentatives Judiciary
and Senate Judiciary
Committee ofReference Report
ELECTION OFFICER EDUCATION, TRAINING AND CERTIFICATION ADVISORY COMMITTEE
Background
Pursuant to A.R.S. § 41-2953, the Joint Legislative Audit Committee (JLAC) assigned the sunset review ofthe
Election Officer Education, Training and Certification Advisory Committee (Committee) to the House of
Representatives Judiciary and Senate Judiciary Committee of Reference (COR).
The Committee was established in 1987 to assure the public that persons performing duties of an election officer
are knowledgeable in the technical, legal and administrative aspects of conducting elections and are competent
to perform election duties. (See Laws 1985 Ch. 214 §§ 1 and 5)
The Committee is made up of the following members:
• An Assistant Attorney General appointed by the Attorney General
• Three election officers, deputy county election officers or county recorders appointed by the Secretary
of State
• A training coordinator in the office ofthe Secretary of State appointed by the Secretary of State
The Election Officer Education, Training and Certification Advisory Committee evaluates:
• The curriculum proposed by the Secretary of State for the election officer certification program.
• The procedures proposed by the Secretary of State for evaluation of participants.
• The form and content of all examinations given in the election officer certification program.
The Secretary of State is directed by state law to provide for election officer certification programs where
successful participants obtain election officer certificates. These certificates attest to the attendance at,
participation in, and completion of a course of instruction in the technical, legal, and administrative aspects of
conducting elections within Arizona.
Except for elected officials, clerical and secretarial personnel, counting center personnel, precinct election board
and tally board members and election officials in cities and towns, no person may perform the duties or exercise
the authority of an election officer or of the clerk of the board of supervisors, or the county recorder in
performance of election duties unless the person is the holder of an election officer's certificate issued by the
Secretary of State before January 1sl of each general election year.
(See A.R.S. § 16-407)
Committee ofReference Sunset Review Procedures
The COR held one public meeting on December 13, 2005 to review the Election Officer Education, Training
and Certification Advisory Committee's response to the 12 sunset factors as well as 4 additional questions, as
required by A.R.S. § 41-2954. The COR took public testimony from the Secretary of State's Office, county
recorders, elections directors, and a city clerk.
Committee ofReference Recommendations
The COR recommended that the Election Officer Education, Training and Certification Advisory Committee be
continued for ten years.
Attachments
1. Response provided to committee ofReference from the Secretary of State
2. Meeting Notice
3. Minutes ofthe COR Meeting.
1
COMMITTEE OF REFERENCE REPORT
House of Representatives Committee on Judiciary and Senate Committee on Judiciary
Committee of Reference
ELECTION OFFICER EDUCATION, TRAINING AND
CERTIFICATION ADVISORY COMMITTEE
To: JOINT LEGISLATIVE AUDIT COMMITTEE
Representative Laura Knaperek, Co-Chair
Senator Robert Blendu, Co-Chair
Date: December 13, 2005
Pursuant to Title 41, Chapter 27, Arizona Revised Statutes, the Committee of Reference,
after performing a sunset review and conducting a public hearing, recommends the
following:
The Election Officer Education, Training and Certification Advisory
Committee be continuedfor ten years.
COMMITTEE OF REFERENCE
CO~~~
Representative David Smith, Co-Chair
~~CDQ
Representative Steve Gallardo
Rep~"-ir-a-n-:-da------
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JAN BREWER
SECRETARY OF STATE
STATE OF ARIZONA
August 31, 2005
The Honorable David Burnell Smith
Arizona House of Representatives
1700 W. Washington, Suite H
Phoenix, Arizona 85007-2844
Dear Representative Smith:
Thank you for your letter dated August 17, 2005, regarding the legislative
Committee of Reference's sunset review of the Election Officer Education, Training and
Certification Advisory Committee law set forth in A.R.S. § 16-407.
In addition to the comments provided in my letter dated August 1, 2005, the
following are answers to the specific questions posed in your letter dated August 17,
2005, as required by A.R.S. § 41-2950:
1. The objective and purpose in establishing the agency.
Section 16-407 does not establish an "agency" as that term is ordinarily used. It
_establishes the Election Officer Education, Training and Certification Advisory
Committee (Committee). The purpose of the Committee is to assure the public that
persons who perform the duties of an election officer are knowledgeable in the
technical, legal and administrative aspects of conducting elections and competent to
perform election duties. See Laws ,1996, Ch. 13, § 3.
2. The effectiveness with which the agency has met its objective and purpose
and the efficiency with which it has operated.
The Committee has effectively and efficiently met its objectives in assuring the public
that our State's election officers are knowledgeable in the technical, legal and
administrative aspects of conducting elections and competent to perform election
duties. Although the exact numbers are not known, hundreds of election officers have
gone through the training program since its inception in 1987. In 2003, for example, the
Secretary of State issued 232 diplomas to Arizona election officials.
3. The extent to which the agency has operated within the public interest.
The Committee has operated within the public interest since its inception. Elections by
definition are a matter of important pUblic interest. To the extent the Committee has
The Honorable David Burnell Smith
August 31, 2005
Page 2 of 5
assisted the Secretary of State in providing top quality training to our State's elections
\ officers, the public interest has been well served.
4. The extent to which rules adopted by the agency are consistent with the
legislative mandate.
No rules have been adopted by the Committee or the Secretary of State with regard to
AR.S. § 16-407.
5. The extent to which the agency has encouraged input from the public
before adopting its rules and the extent to which it has informed the public
as to its actions and their expected impact on the public.
No rules have been adopted by the Committee or the Secretary of State with regard to
AR.S. § 16-407.
6. The extent to which the agency has been able to investigate and resolve
complaints that are within its jurisdiction.
To the best of our knowledge, the Committee has not received any formal complaints
regarding its tasks or the Election Officer Education, Training and Certification program.
Feedback is encouraged from the election officers attending the training and that
feedback is used when considering future curriculums.
7. The extent to which the attorney general or any other applicable agency of
state government has the authority to prosecute actions under the enabling
legislation.
The Arizona Attorney General has enforcement authority over all of Title 16, which
includes any violation of AR.S. § 16-407. See AR.S. § 16-1021.
8. The extent to which agencies have addressed deficiencies in their enabling
statutes which prevent them from fulfilling their statutory mandate.
No such action was taken to address any deficiencies in the Secretary of State's
enabling statutes.
9. The extent to which changes are necessary in the laws of the agency to
adequately comply with the factors listed in this subsection.
No changes in the laws of the agency are necessary to comply with the factors listed in
A.R.S. § 16-407.
State Capitol: 1700 W. Washington Street, 7th Floor
Phoenix, Arizona 85007-2888
Telephone (602) 542-4285 Fax (602) 542-1575
The Honorable David Burnell Smith
August 31, 2005
Page 3 of 5
10.The extent to which the termination of the agency would significantly harm
the public health, safety or welfare.
As stated in my letter dated August 1, 2005, the Election Officer Education, Training and
Certification Advisory Committee established in A.R.S. § 16-407(0), (E) & (F), has
served a useful purpose in helping to develop the curriculum and method of evaluation
for the training. Nevertheless, because the Secretary of State has successfully
administered this training for several election cycles, it is our belief that having a formal
advisory committee is no longer necessary. Our office meets regularly with the county
election officials and will continue to consult with them regarding the training in a similar
manner to that currently prescribed in subsections (0), (E) and (F). Thus, it is no longer
necessary to have these responsibilities set forth in statute.
11.The extent to which the level of regulation exercised by the agency is
appropriate and whether less or more stringent levels of regulation would
be appropriate.
See response to Question 10 above.
12.The extent to which the agency has used private contractors in the
performance of its duties and how effective use of private contractors
could be accomplished.
To my knowledge, no private contractors have been used to perform the tasks required
by A.R.S. § 16-407.
The following is our response to remaining questions posed in your letter:
1. An identification of the problem or the needs that the agency is intended to
address.
The purpose of the Committee is to assure the public that persons who perform the
duties of an election officer are knowledgeable in the technical, legal and administrative
aspects of conducting elections and competent to perform election duties. See Laws
1996, Ch. 13, § 3.
2. A statement, to the extent practicable, in quantitative and qualitative terms,
of the objectives of such agency and its anticipated accomplishments.
The Committee has met its objectives in assuring the public that our State's election
officers are knowledgeable in the technical, legal and administrative aspects of
conducting elections and competent to perform election duties. Although the exact
numbers are not known, hundreds of election officers have gone through the training
State Capitol: 1700 W. Washington Street, 7th Floor
Phoenix, Arizona 85007-2888
Telephone (602) 542-4285 Fax (602) 542-1575
The Honorable David Burnell Smith
August 31,2005
Page 4 of 5
program since its inception in 1987. In 2003, for example, the Secretary of State issued
232 diplomas to Arizona election officials.
3. An identification of any other agencies having similar, conflicting or
duplicate objectives, and an explanation of the manner in which the agency
avoids duplication or conflict with other such agencies.
There is no other agency to our knowledge that has a similar, conflicting or duplicate
objective to that of the Committee.
4. An assessment of the consequences of eliminating the agency or of
consolidating it with another agency.
See response to Question 10 above.
The Election Officer Training program established in A.R.S. § 16-407 has proven
to be an invaluable service to Arizona's election administrators and voters. As the
reports filed with the Legislature every other December in accordance with A.R.S. § 16­407(
G) establish, this program has trained and certified hundreds of Arizona's election
administrators over the past decade. This approach to training Arizona's election
officials has contributed to greater uniformity and understanding of the election process
by those officials charged with administering our elections.
The course consists of a weeklong training session that covers approximately 35
hours of intensive, practical, substantive and hands-on training of Arizona's election
laws and procedures. For example, during the week each participant is required to
spend four hours using a wheelchair in order to reinforce the training received in the
disability awareness segment of each session. At the end of each week, participants
are required to pass a comprehensive final exam.
Recognizing the value of the program, the Legislature this past session
expanded it to allow city and town election officials to participate. See Laws 2005, Ch.
144, § 1. Moreover, because this course helps assure greater uniformity among our
election administrators, it is our belief that it along with the Secretary of State's
procedures manual, has helped eliminate the issues that plagued Florida during the
2000 presidential election. You may recall that a major issue in the Bush v. Gore case
was the fact that Florida had no statewide election procedures and the counties were
not applying the election laws uniformly in conducting the recount. This training helps
ensure that all Arizona election officials uniformly apply the law.
State Capitol: 1700 W. Washington Street, 7th Floor
Phoenix, Arizona 85007-2888
Telephone (602) 542-4285 Fax (602) 542-1575
The Honorable David Burnell Smith
August 31,2005
Page 5 of 5
It is therefore our recommendation that A.R.S. § 16-407 be renewed indefinitely,
but for the reason stated in response to Question 10 above, A.R.S. § 16-407(0), (E) &
(F), which create the Election Officer Education, Training and Certification Advisory
Committee, be allowed to terminate on July 1, 2006 in accordance with A.R.S. § 41­3006.07(
B).
If you have any questions, please do not hesitate to call me at (602) 542-6167 or
contact me by email at jkanefield@azsos.gov.
Sincerely,
c;M,,~-/
Joseph Kanefiel
State Election Director
cc: Katy Proctor
The Honorable John Huppenthal
Jennifer Eugster, Senate Judiciary Analyst
JK
State Capitol: 1700 W. Washington Street, 7th Floor
Phoenix, Arizona 85007-2888
Telephone (602) 542-4285 Fax (602) 542-1575
Interim agendas can be obtained via the Internet at http://www.azleg.state.az.us/lnterimCommittees.asp
ARIZONA STATE LEGISLATURE
INTERIM MEETING NOTICE
OPEN TO THE PUBLIC
SENATE JUDICIARY AND HOUSE OF REPRESENTATIVES JUDICIARY
COMMITTEE OF REFERENCE FOR THE SUNSET HEARING OF
THE ELECTION OFFICER EDUCATION, TRAINING AND CERTIFICATION
ADVISORY COMMITTEE
Date:
Time:
Place:
Tuesday,December13,2005
1:00 p.m.
House Hearing Room 5
AGENDA
1. Call to Order
2. Opening Remarks
3. Presentation by the Election Officer Education, Training and Certification
Advisory Committee
4. Public Testimony
5. Discussion
6. Recommendations by the Committee of Reference
7. Adjourn
Members:
Senator John Huppenthal, Co-Chair
Senator Linda Aguirre
Senator Jack Harper
Senator Dean Martin
Senator Richard Miranda
11/16/05
jmb
Representative David Burnell Smith, Co-Chair
Representative Steve Gallardo
Representative Ben Miranda
Representative Doug Quelland
Representative Steven Yarbrough
People with disabilities may request reasonable accommodations such as interpreters,
alternative formats, or assistance with physical accessibility. If you require accommodations,
please contact the Chief Clerk's Office at (602) 926-3032, TOO (602) 926-3241.
ARIZONA STATE LEGISLATURE
Forty-seventh Legislature - First Regular Session
SENATE JUDICIARY AND HOUSE OF REPRESENTATIVES JUDICIARY
COMMITTEE OF REFERENCE FOR THE SUNSET HEARING OF THE ELECTION
OFFICER EDUCATION, TRAINING AND CERTIFICATION ADVISORY
COMMITTEE
Minutes of Meeting
Tuesday, December 13, 2005
HHR5 -- 1:00 pm
Chainnall David Burnell Smith called the meeting to order at 1:07 pm and attenda.l1ce was noted
by the secretary.
Members Present
Senator Linda Aguirre
Senator Jack Harper
Senator Richard Miranda
Representative Steve Gallardo
Representative Ben Miranda
Senator Dean Martin
Representative Doug Quelland
Representative Steven Yarbrough
Senator John Huppenthal- Cochair
Representative David Burnell Smith - Cochair
Members Absent
Speakers Present
Katy Proctor, Legislative Analyst
Joseph Kanefield, State Election Director, Secretary of State
Karen Osborne, Maricopa County Elections Director
Mary Jo Kief, City Clerk, Peoria
Penny Pew, Apache County Elections Director
Helen Purcell, Maricopa County Recorder
Ana Wayman-Trujillo, Yavapai County Recorder
Brad Nelson, President, Election Officials of Arizona
Opening Remarks
Katy Proctor, Legislative Analyst, explained that the sunset review process is a tool used in
Arizona to evaluate an agency to determine if the merits of the program justify its continuation.
All agencies, boards and commissions are subject to this review. Sunset reviews are based on
sunset audits conducted either by the office ofthe Auditor General or Legislative Committee of
SENATE JUDICIARY AND HOUSE OF REPRESENTATIVES JUDICIARY
COMMITTEE OF REFERENCE FOR THE SUNSET HEARING OF THE ELECTION OFFICER
EDUCATION, TRAINING AND CERTIFICATION ADVISORY COMMITTEE
December 13,2005
Reference. In the case of the Election Officer Education, Training and Certification Advisory
Committee, the audit was conducted by this Committee of Reference (COR). All agencies
scheduled for sunset are assigned to a House and Senate COR. Today's Joint Committee of
Reference provides an opportunity to discuss the audit, to receive testimony from agency
officials and to provide an opportunity for public comment. The COR must submit a final sunset
review report containing the COR recommendation to continue, revise, consolidate, or terminate
this committee. The report is prepared by the legislative staff; legislation is required to continue
the agency beyond its sunset termination date.
Public Testimony
Joseph Kanefield, State Election Director, Secretary of State, has taught the training classes and
feels that they are incredibly valuable. He is on the record against allowing the statute to sunset.
This committee is dealing with the advisory committee which is appointed by the Secretary of
State to advise on the class curriculum. Mr. Kanefield feels that county input is vital, that the
counties do not wish the advisory committee to sunset, that they like having their voices at the
table and the working relationships that have been established. His organization takes no
position on the sunset of the advisory committee.
Representative Smith asked if the committee does not sunset this law, does Mr. Kanefield have a
recommendation about how long to continue. He replied that he does not have a
recommendation, although to renew for another ten year period seems reasonable.
Representative Smith then asked why Mr. Kanefield changed from an earlier position in favor of
sunsetting. He replied that the training is very valuable, but perhaps it could be continued not by
statute, but by a procedures manual or other capacity. Either way, he supports the counties'
wishes, and if they wish to continue by statute, then he supports that.
Representative Gallardo inquired if the committee would hear from county representatives.
Representative Smith said that they would.
Karen Osborne, Maricopa County Elections Director, spoke ofthe importance of the training of
election officers and election recorders in a unified manner. The committee is a good mix of
trainers, and election officials have a good working relationship that allows them to react to
changes in legislation and precinct requirements, and changes due to court cases or federal law.
The training is cost-free and is serving Arizona well.
Senator Aguirre asked if Ms. Osborne would be in favor of another 10 years, rather than
sunsetting this committee now. Ms. Osborne replied "yes, I agree".
Representative Smith asked about the la-year figure, as opposed to 5 years or 6 years. Ms.
Osborne replied that the la-year figure is the standard sunset interim set by the Legislature.
Representative Miranda commented that, in view of Prop 200, the Legislature may have to go
beyond ten years to assess the impact on the election system.
SENATE JUDICIARY AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE OF REFERENCE
FOR THE SUNSET HEARING OF THE ELECTION OFFICER EDUCATION, TRAINING AND
CERTIFICATION ADVISORY COMMITTEE
2 December 13, 2005
Mary Jo Kief, City Clerk, City of Peoria, has served in various capacities in the Secretary of
State's office and has been involved with the certification committee since its inception. She
stressed how important it is that persons performing the election duties be knowledgeable in the
technical, legal, and administrative aspects of conducting elections. She wishes that the training
programs were open to city and town clerks. She feels that the advisory committee is very
important, and is against sunsetting this program.
Penny Pew, Apache County Elections Director, stated that public perception of elections is
important. That the training is defined by Statute gives the voting public greater confidence.
She believes that the training is very necessary.
Representative Quelland asked about availability of polling places, and Ms. Pew replied that
Apache County has plenty of polling places. He then asked if the committee could poll the other
counties. Chairman Smith asked Ms. Purcell to speak to this, although it is off-topic.
Helen Purcell, Maricopa County Recorder, stated that there is a constant search to provide
enough polling places. A recurring problem is that a polling place used in one election will not
be available in the next election. Newly developed areas often don't have the facilities. Re­precincting
has recently added over eighty precincts, and polling places must be identified for
each of those.
Senator Harper said that he will be running a bill to reverse earlier legislation which allowed
electioneering at polling places. He stated that the result from the earlier law has been that, if
electioneering was allowed, fewer places have been willing to be polling places.
Ana Wayman-Trujillo, Yavapai County Recorder, stated that she agrees with other speakers
about how important this advisory committee is. She has been a certified elections officer since
1998, and her experience of going to the classes was very valuable. Also, she stressed the
importance of the working relationship among the Secretary of State, elections directors and the
County Recorder.
Brad Nelson, President, Election Officials of Arizona, is in favor of retaining the advisory
committee. He is the Pima County Election Director, and leads the Election Officials of
Arizona, which is comprised of election officials at the state, county and municipal level. He has
been involved in Arizona elections for thirty years, and he has heard his counterparts from other
states voice their envy of the procedures manuals, statutes, and inter-communication that Arizona
has.
Chairman Smith asked for additional discussion. He stated that he is in favor of renewing, but is
concerned that perhaps a five-year interval would be better to allow for needed changes.
Representative Miranda stated that the Legislature can give the committee additional charges in
five years, but at this point he thinks that ten years is the proper sunset interval. He believes that
in the next ten years there will be many changes in election law, perhaps even an "all vote by
mail" system.
SENATE JUDICIARY AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE OF REFERENCE
FOR THE SUNSET HEARING OF THE ELECTION OFFICER EDUCATION, TRAINING AND
CERTIFICATION ADVISORY COMMITTEE
3 December 13,2005
Representative Gallardo attested to the importance of the advisory committee and the
certification classes. Because the impact of legislation can be different in different Arizona
locales, having the input of county recorders and elections directors from all over the state is
important to fair and open elections.
Senator Aguirre supports the ten-year sunset, as this is the standard and there is not a problem
thus far with the committee.
Senator Miranda also supports the ten-year interval as the standard.
Senator Ruppenthal stated that, in order to keep process to a minimum, he is in favor ofthe ten­year
continuance.
Senator Huppenthal moved to continue the Election Officer Education, Training
and Certification Advisory Committee for ten years. The motion was seconded by
Senator Aguirre. A roll call vote was taken and the motion passed 8-0-0-2
(Attachment 1).
Without objection, the meeting adjourned at 1:35 p.m.
ecretary
(Original minutes, attachments, and tape are on file in the Office ofthe Chief Clerk.)
SENATE JUDICIARY AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE OF REFERENCE
FOR THE SUNSET HEARING OF THE ELECTION OFFICER EDUCATION, TRAINING AND
CERTIFICATION ADVISORY COMMITTEE
4 December 13,2005