12345678910111213141516171819202122232425262728- 2 -3. Defendant Bender is the “filing officer” for the Town of Fountain Hills and isresponsible for the filing of campaign finance reports and other documentation for townballot issues.
A.R.S. § 16-902.01 (2011). Defendant Bender is responsible for notifyingthe town attorney if she has reasonable cause to believe that a person is violating thecampaign finance laws.
A.R.S. § 16-924 (2011).4. Defendant Andrew McGuire is the Town Attorney for the Town of FountainHills, Arizona. Defendant McGuire is sued in his official capacity as Town Attorney.5. Defendant McGuire has authority to serve orders of violations on those whoviolate the campaign finance laws with respect to local ballot measures and to assess civilpenalties for such violations.
A.R.S. § 16-924 (2011).6. The State of Arizona, through its Attorney General, is an intervenor in thisaction.7. Arizona Revised Statutes, Section 16.902.01(A) provides:Each political committee that intends to accept contributions ormake expenditures of
more than five hundred dollars
shall filea statement of organization with the filing officer in the formatprescribed by the filing officer before accepting contributions,making expenditures, distributing any campaign literature orcirculating petitions. Each political committee that intends toaccept contributions or make expenditures of
five hundred dollars or less
shall file a signed exemption statement in a formprescribed by the filing officer that states that intention beforemaking any expenditures, accepting any contributions,distributing any campaign literature or circulating petitions. If a political committee that has filed a five hundred dollarthreshold exemption statement receives contributions or makesexpenditures of more than five hundred dollars, that politicalcommittee shall file a statement of organization with the filingofficer in the format prescribed by the filing officer within fivebusiness days after exceeding the five hundred dollar limit.A.R.S. § 16-902.01 (emphasis added).8.Arizona Revised Statutes, Section 16-901(19) defines “political committee”as follows:‘Political committee’ means a candidate or any association orcombination of persons that is organized, conducted orcombined for the purpose of influencing the result of anyelection or to determine whether an individual will become a
Case 2:11-cv-02097-JAT Document 33 Filed 11/03/11 Page 2 of 11