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New law tightens notary regulations

Posted 5/22/13

When the name “Joyce Wong” showed up as a notary on petitions for a Fountain Hills recall election in 2012, no one, not even the Secretary of State’s Office, could locate her or verify she was …

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New law tightens notary regulations

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When the name “Joyce Wong” showed up as a notary on petitions for a Fountain Hills recall election in 2012, no one, not even the Secretary of State’s Office, could locate her or verify she was a notary.

Petition signatures on sheets allegedly notarized by Wong, however, were counted.

This is one of the issues or inconsistencies in the recall, referendum and initiative election laws that rankled Fountain Hills resident Paul Ryan.

Over the last year and a half Ryan has made it his personal crusade to get the state legislature to look at the election laws and consider some changes.

With considerable help from Senator Michele Reagan, Ryan has seen his efforts bear plenty of fruit. Although a number of election-related bills proposed by Reagan and others this legislative session remain hung up in late session maneuvering one in particular that deals with notaries reached Gov. Jan Brewer’s desk and was signed into law.

That law increases to a felony (class 6) the classification of the violation if a vendor knowingly provides a notary seal to anyone who does not provide proper documentation proving their notary commission. This carries a potential penalty of up to one year in jail and up to a $150,000 fine.

The law also provides that anyone who knowingly acts as or impersonates a notary while not lawfully commissioned to do so is guilty of impersonating a public servant.

While a package of bills related to other election aspects, including more controls on campaign financing in recall elections and provisions to regulate paid petition circulators, remains stymied as the legislative session winds down, Ryan is remarkably positive about his overall experience.

“The positive side of the experience…was witnessing the competency and caring of the people who contributed to these measures,” Ryan said. “(It) made me appreciate the level of talent that we are blessed with in this state.”

Ryan reserved his greatest praise for Reagan.

“Her response in defending towns like Fountain Hills, from those who would ‘buy’ a recall using illegal or unseemly means has been quite remarkable,” he said. “To me it was the essence of what good legislators and leaders do, they respond to the needs of their constituents.

“She proved herself, time and again, to be a true advocate for the citizens of her district and her state.”

Reagan was unable to respond to an inquiry for this story regarding her election bills.

After hearing Ryan out last spring Reagan urged then Senate President Steve Pierce to appoint a committee to work on election reforms while the legislature was out of session last summer.

The result was a number of things that have raised concerns, particularly by Democrats and civil rights groups, about voter disenfranchisement.

An all-encompassing bill sat without action last week, along with other bills, awaiting the outcome of a battle over the state budget.

One proposed bill would allow county election officials to initiate a purge process to get feedback from those on the permanent early voter list who have voted in recent elections. Those contacted would need to return the notice within 30 days to keep their name on the list.

The bill would also prohibit political committees or organizations from gathering the early mail-ballots to return them for voters. Individuals would be permitted to designate another person to return their ballot if they are unable to get it in the mail in time or to a polling station.

The bill would require petition circulators to register with state election officials. Violations would invalidate petition signatures collected by unregistered individuals.

Opposition to the bill is fairly strong. A representative from a group that helps register voters told the Arizona Capitol Times, “These bills place all the responsibilities for fixing…problems on the voters and what that usually means is some voters will become more confused and some voters won’t participate in the process.”