Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-804 - Request for Exemptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				original source who has reason to believe their identity will or could be
				subject to disclosure under Chapter 6.1 of Title 16 may file a request for
				exemption pursuant to A.R.S. §
									16-973(F)  at any
				time. An original source who has not opted out of having their monies used for
				campaign media spending may file a request for an exemption with the Executive
				Director no later than 14 days after the notice to opt out is given. In the
				event an original source did not receive a notice to opt out, the person may
				file a request for exemption with the Executive Director no later than 21 days
				after discovering their monies may be or have been used for campaign media
				spending.
B. In the event the
				request provides documentation of a court order requiring confidentiality, the
				Executive Director shall confirm the validity of the court order in five days.
				If the order is confirmed, the Executive Director shall issue a letter to the
				requestor stating that their identity shall not be disclosed. In the event that
				the order is not confirmed, the Executive Director shall issue a letter to the
				requestor stating their identity may be disclosed.
C. In the event that the person making the
				request claims a statute provides for such confidentiality, the request shall
				include a citation to the statute and argument why the statute applies to
				require confidentiality. The Executive Director may make a recommendation to
				the Commission. The Executive Director shall place the item on an agenda no
				later than the next regular Commission meeting. The person and their counsel
				may appear. In order to protect the interests of the original source pending a
				determination, the Commission may vote to go into executive session to protect
				confidential information and if warranted for other reasons authorized by the
				Open Meeting Law. For purposes of this rule, the person and their counsel shall
				be deemed individuals whose presence is reasonably necessary in order for the
				public body to carry out its executive session responsibilities if the
				Commission votes to go into executive session pursuant to A.R.S. §
									38-431.03(A)(2).
				No vote may be taken in the executive session. If the Commission decides that
				the statute applies by a roll call vote in public session in favor of the
				request, the Executive Director shall issue a letter to the requestor within
				five days stating that their identity shall not be disclosed. If the Commission
				does not vote that the statute applies by roll call vote in favor of the
				request, the Executive Director shall issue a letter to the requestor within
				five days stating that their identity may be disclosed.
D. In the event the person making the request
				claims that there is a reasonable probability that they or their family will
				experience threats of physical harm, the request shall provide such evidence.
				The request may also include argument in favor of the request.
The Executive Director may make a recommendation to the
				  Commission. The Executive Director shall place the item on an agenda no later
				  than the next regular commission meeting. The person and their legal
				  representative may appear. In order to protect the interests of the original
				  source pending a determination, the Commission may vote to go into executive
				  session to protect confidential information and if warranted for other reasons
				  authorized by the Open Meeting Law. For purposes of this rule, the person and
				  their counsel shall be deemed individuals whose presence is reasonably
				  necessary in order for the public body to carry out its executive session
				  responsibilities if the Commission votes to go into executive session pursuant
				  to A.R.S. §
										38-431.03(A)(2).
				  No vote may be taken in the executive session. If the Commission decides that
				  the request should be granted by a roll call in public session in favor of the
				  request, the Executive Director shall issue a letter to the requestor within 5
				  days stating that their identity shall not be disclosed. If the Commission does
				  not approve the request by a roll call vote the Executive Director shall issue
				  a letter to the requestor within five days stating that their identity may be
				  disclosed.
E. The agenda
				shall not identify the requestor.
F. No records related to a request shall be
				subject to a public records request or any other type of request. The records
				shall not be produced absent a court order compelling disclosure.
G. All records except the Executive
				Director's letter shall be destroyed within 30 days after the determination,
				unless timely review of the Commission's action is sought. The Executive
				Director's letter shall not be made public except by a court order.