Chair Gary Scaramazzo Commissioners Royann J. Parker Jeffrey L. Fairman Donald W. Lindholm Lori Daniels 1616 W. Adams St. Phoenix, Arizona 85007 telephone: 602‐364‐3477 | toll free: 1‐877‐631‐8891 www.azcleanelections.gov | ccec@azcleanelections.gov Table of Contents Letter from the Chairman…..……………….......…….……. 1 Mission,, Vision,, Authorityy & Commission……..…….……. 2 Commission Members…….…………..….…..……….……. 3 Staff Duties………….………………..….… ……….…..….. 5 Commission Activity… ………………..….…..……….……. 7 Election Statistics …….………………..….…………….….. 8 Rule Changes……..…..…………………..………..…….…. Changes 9 Litigation……………………………………………….….... 9 Financial Information………………………………………. 10 1 Mission Statement To fairly, faithfully and fully implement and administer the Citizens Clean Elections Act. Vision Statement Through the successful implementation of the Arizona Citizens Clean Elections Act, the Commission seeks to improve the integrity of Arizona state government and promote public confidence in the Arizona political process. Authority The Citizens Clean Elections Commission was established by the enactment of the Citizens Clean Elections Act, A.R.S., Title 16, Chapter 6, Article 2. In addition to administering the provisions of Article 2, the Commission promulgates rules and enforces A.R.S. §§ 16‐940 through 16‐961. Commission The Commission consists of 5 members: ƒNo more than 2 shall be members of the same political party. ƒNo more than 2 shall be residents of the same county. ƒNo No one shall be appointed who does not have a party registration that has been continuously recorded for at least 5 years immediately preceding appointment, with the same political party or as an independent. ƒEach candidate shall be a qualified elector who has not, in the previous 5 years in this state, been appointed to, elected to or run for any public office, including precinct committeeman, or served as an officer of a political party. ƒA member of the Commission shall serve no more than one term and is not eligible for reappointment. ƒNo Commissioner, during his or her tenure or for 3 years thereafter, shall seek or hold any other public office, serve as an officer of any political committee or employ or be employed as a lobbyist. 2 Commission Members Gary Scaramazzo, Chair – Independent – Coconino County Governor Janet Napolitano appointed Page resident Gary Scaramazzo to the Citizens Clean Elections Commission in 2005 for a term that will expire in 2010. Mr. Scaramazzo received his bachelor’s and master’s degrees in History from Northern Arizona University and is a graduate of the Taft Institute of Government. He spent 12 years performing comprehensive community service, including two years as a member of the Page City Council and ten years as Mayor of Page. Mr. Scaramazzo has accumulated over 20 years of experience in public education as a teacher and coach at the high school level. He was a teacher in the Page Unified School District (1975‐1995); instructor of Coconino Community College, Page Campus (1992‐1996); the Governor’s Northern Arizona Representative (1997‐1999); marketing director for Sunrise Airlines (1999 & 2000); volunteer fireman in Page; president of the Arizona League of Cities and Towns; executive board member with the Governor’s Alliance Against Drugs; and a representative on the Governor’s Drug and Gang Policy Council. He is currently president of Scaramazzo & Associates consulting firm (1999‐ present); president of MarBella Development which has developed residential properties in Rocky Point, Mexico and Greenwood, Arkansas and is lead consultant on economic development initiatives in Northern Arizona including the Navajo Nation. Royann J. J Parker – Republican ‐ Pima County Secretary of State Jan Brewer appointed Royann Parker to succeed former Commissioner Clark Dierks, who resigned due to health reasons. Mrs. Parker's term will expire January 31, 2011. Mrs. Parker graduated Cum Laude in 1978 with a bachelor's degree in history and secondary education from Grand Canyon University in Phoenix. She was a successful Republican primary candidate in 1982 for the District 20 seat in the Arizona House of Representatives previously held for many years by her mother, Lillian Jordan. During her extensive public service over three decades, Mrs. Parker was executive secretary on Capitol Hill in Washington, D.C., from 1979 to 1981 for Arizona Congressman Eldon Rudd; served as a chief assistant for a commissioner of the Arizona Corporation Commission; was legislative assistant for a governor of Arizona; a commissioner on Appellate Court appointments for two years; an executive assistant for nine years to the assistant director and director of the Arizona Department of Administration and Arizona Department of Revenue. She also was a commercial bank loan officer for five years. She currently spends full time raising her daughters and caring for her mother, is a substitute teacher and the Area Coordinator for Christian Youth Theater – Tucson. 3 Commission Members (continued) Donald Lindholm – Independent ‐ Maricopa County Secretary of State Jan Brewer appointed Donald Lindholm to succeed former Commissioner Carl Kunasek. Commissioner Lindholm is a partner with the law firm of Burch & Cracchiolo, P.A. where he has been since 1985. A graduate of the University of Arizona College of Law, Commissioner Lindholm was admitted to practice law in 1966. He is an avid pilot and has been flying since high school. His term will expire January 31, 2009. Jeffrey L Fairman – Democrat ‐ Pinal County Governor Janet Napolitano appointed Casa Grande resident Jeffrey Fairman (D) in 2007 for a 5‐year term that will expire January 31, 2012. He is filling the seat formally held by Ermila Jolley. Commissioner Fairman is the former Economic Development Director for the City of Avondale. In addition, Mr. Fairman served on many area entities including GPEC, the Arizona A Association i i for f Economic E i Development, D l and d the h Peoria P i Sports S C Complex l and d is i currently l the h Business Development Representative for Sundt. Commissioner Fairman is the first Pinal County resident to serve on the Commission. Lori S. Daniels ‐ Republican ‐ Maricopa County Secretary of State Jan Brewer appointed former State Senator Lori Daniels for a five year t term that th t will ill expire i January J 31, 2013. She Sh iis filling filli the th seatt fformerly l h held ld by b M Marcia i Busching. Commissioner Daniels served ten years in the State Legislature, eight in the House of Representatives and two in the Senate. While a member of the House of Representatives, Ms. Daniels served as the House Majority Leader from 1997 to 2000. In addition to her service in the State Legislature, Commissioner Daniels has served in the Ahwatukee, Gilbert and Chandler Chambers of Commerce as well as working with the United Way, Way Junior Achievement and Soroptimist. Soroptimist She is a resident of Maricopa County. County 4 Staff Duties Executive i Director i Facilitate achievement of the Commission’s goals and objectives. Direct agency operations and supervise staff, advise and support the Commission, oversee and monitor the implementation of the Commission policies and procedures, publications and forms. Advise the Commission on potential and pending issues and provide and establish efficient and effective mechanisms of communication among various stakeholders of the Act. Oversee and monitor it the th implementation i l t ti off Commission C i i policies li i and d procedures. d S t agenda Set d and d prepare materials for Commission and committee meetings. Serve as the Commission’s representative to the Legislative and Executive Branch. Educate and assist candidates in compliance with reporting requirements, limits, and prohibitions, and assist candidates in participating and obtaining public funding. Deputy Director Serve as advisor to the Executive Director and assist in the daily administration and management of agency operations. Provide assistance and support to Executive Director in all aspects of staff supervision including program management, performance evaluations, strategic planning, implementation of Commission policies and special projects as requested. Provide oversight, direction and assistance to agency staff on voter education, public relations candidate education, relations, education candidate debates, debates compliance programs, programs budgeting, budgeting annual reports, financial systems and other areas as directed or needed. Serve in an external relations function through public speaking engagements, and through membership, participation and involvement in relevant civic and professional organizations. Assist Executive Director in serving as a liaison to state agencies, legislators, other intergovernmental jurisdictions. Acts as the agency’s Information & Technology coordinator Executive Assistant Manage human resource procedures and systems requirements. Serve as agency liaison to candidates and other state agencies. Provide technical service, assistance and training to Commission staff. Assist the Executive Director in the development of operating policies and procedures; assist in long‐range organization planning; conduct special studies; recommend changes g to correct operating p g deficiencies;; recommend improvements p to the provision p of services to the public; prepare administrative directives; provide assistance and guidance as requested; represent the Executive Director at meetings involving personnel, government officials, political candidates and public leaders; prepare a variety of administrative reports; supervise personnel; assist Executive Director in executing the Citizens Clean Elections Act. 5 Staff Duties (continued) V t Ed Voter Education ti Manager M g Responsible for the development and distribution of the Candidate Statement Pamphlet to every household with a registered voter. Provide advice and guidance to debate sponsors and candidates for candidate debates. Manage all aspects of publicity, marketing and educational publications for the Commission, including advertising the Commission activities for debates, candidate statement pamphlets, and tax donations in newspapers, on radio, and other media. Travel statewide to provide educational seminars to candidate committees and community groups. Work with elected officials, community leaders, large and small employers, political parties, media and other state and local officials to enhance the understanding of the Act. Develop and circulate a quarterly Bulletin, updating interested parties on topics of interest regarding the Act. Provide updates for the website. Create informational brochures and handouts for distribution to voters. Establish fundamental measures for the execution of bi‐ yearly market research. Develop, maintain, and manage complex database applications to support administration of all Commission programs and activities. Campaign Finance Manager Monitor and review both participating and nonparticipating candidate campaign finance reports. Calculate matching funds for participating candidates based on nonparticipating candidate campaign p g finance reports. p Maintain contact with campaign p g treasurers and Secretary of State Elections staff. Responsible for the enforcement complaint process, including investigation and analysis; making recommendations to the Executive Director regarding the statute or rule violation; and tracking each complaint on the complaint tracking database program. Determines one‐party‐dominant legislative districts. Monitors and tracks independent expenditures for possible matching funds. Administrative Assistant III Provide administrative assistance to the Executive Director and Commission. Provide support in the preparation and execution of monthly Commission meetings, including posting meeting agendas, drafting meeting mailings, ensuring meeting materials are delivered to commissioners prior to meetings. Maintain records for compliance with open meeting law requirements, organizes and maintains meeting materials, and responsible for audiotape recording of regular meetings and executive sessions. Monitor inventory and office supplies. Produce computer‐generated letters, memorandum and reports, and assists with front desk duties when necessary. 6 Commission Activity Core functions of the Commission include providing public funding to qualified candidates through the Clean Elections Fund, publishing voter education pamphlets and sponsoring debates through Voter Education, administering the Clean Elections Fund, and enforcing campaign finance laws. The following are highlights of the Commission’s accomplishments and events during the year 2008: Voter Education and Outreach ƒ One of the Commission’s primary functions is educating candidates and voters about the Clean Elections Act. Outreach in 2008 consisted of speaking engagements to social service organizations, civic clubs, and other interested parties. In addition, the Commission continued to keep the media and the public informed of the latest developments. ƒ In 2008, the Commission hosted 40 workshops. The coordination of the workshops included an informational PowerPoint presentation, the scheduling of workshops and h d t The handouts. Th C Commission i i also l conducts d t online li C Candidate did t W Workshops k h th through h th the iinternet. t t ƒ The Commission continued the educational campaign, “Clean Elections. Everybody Wins.” The campaign consisted of television, radio, and print advertisements in all areas of the state, and encouraged the citizens of Arizona to become involved in their political process. ƒ In addition to mainstream media, “banner ads” were used to direct and encourage people to view the Commission’s website. ƒ The Commission distributed 3.4 3 4 million candidate statement pamphlets in the Primary and General elections. ƒ The Commission conducted 45 Candidate Debates throughout Arizona. Clean Elections Fund In February 2008, the Commission approved $15,000,000.00 to be transferred to the State General Fund. Fund Since 1998 1998, when Arizona voters approved the Act, Act the Commission has given a total of $27.8 million to the State of Arizona’s General Fund. Enforcement A majority of the enforcement cases filed for the 2008 election cycle were finalized in 2008. 36 complaints were filed in 2008, 3 of which were internally generated. Two complaints remain outstanding at the end of 2008. 2008 7 2008 Election Statistics Primary Election In the 2008 Primary Election a total of 190 candidates sought election to a State or Legislative office. Of the 190 candidates, 126 chose to participate in the Clean Elections system. A total of $3.3 million was distributed to participating candidates during the Primary Election cycle. Participating Candidates Traditional Candidates 34% 66% General Election In the 2008 General Election a total of 160 candidates sought election to a State or Legislative office. Of the 160 candidates, 107 were candidates who chose to participate in the Clean Elections system. A total of $4.5 million was distributed to participating candidates during the General Election cycle. Participating Candidates Traditional Candidates 33% 67% 8 Rule Changes The Commission adopted and enacted changes to A.A.C. R2‐20‐104 (F). The rule will sunset on April 30, 2010. The Commission also adopted and enacted changes to A.A.C. R2‐20‐105 (B‐C), R2‐20‐109 (G), & R2‐20‐404(A). Litigation John McComish et al, al v. v Brewer This litigation is the continuing challenge by nine candidates and two political action committees (PACs) to the matching funds provisions of the Act. In 2008, the Federal Court in effect combined two separately litigated cases, Association of American Physicians and Surgeons v. Brewer and Dean Martin et al. v. Citizens Clean Election Commission into a single lawsuit. Plaintiffs allege that the Act unconstitutionally "coerces" candidates to participate in public funding, p g, and that the Act chills speech p byy providing p g matching g funds to a p participating p g candidate based on a traditional candidate's expenditures or contributions or in response to an independent expenditure against the participating candidate or in support of his or her opponent. Judge R. Silver denied the Plaintiffs' motion for a preliminary injunction to enjoin the Commission from disbursing matching funds during the 2008 election cycle. Although the 2008 election cycle was not disrupted by an interruption of matching funds, litigation is ongoing and trial is scheduled for December, 2009. 9 Financial Information 2008 Revenues R Source Court Assessments Commission Assessments $5 Tax Check‐off Tax Credits Actual A t l Year‐to‐Date Total $10,095,771 $9,478 $6,536,899 $101,115 $5 Candidate Qualifying Contributions Miscellaneous Total $229,396 $28,013 $17,000,673 CY 2008 Expenditures Total Admin/Enf Voter Ed $ 850,447 $ 6,179,857 Transfer to General Fund 2008 10 Funding $ 7,710,739 $ 15,000,000.00 Total $ 14,741,043