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In Arizona there are three types of municipal government: towns, cities, and charter cities. Charter cities are the least common of the three, and perhaps as a direct result, the most misunderstood form of municipal government. This paper will explore the basics of charter government and some of the provisions municipal residents have chosen to impose on their local government.

“Charter cities are the least common of the three, and perhaps as a direct result, the most misunderstood form of municipal government.”

Charter Authority

Generally speaking, when it comes to municipal authority in America there are types of governance, Home Rule and Dillon’s Rule. Broadly, municipalities in a Home Rule state can perform any governmental function unless prohibited by state law. Municipalities in a Dillon’s Rule state only have those powers which are explicitly granted them by the state. Arizona is a Dillon’s Rule state; however, Arizona’s founding fathers that the need to empower Arizona’s cities without explicit state authorization. It should be noted that the term “home rule” is more commonly used in Arizona in reference to municipal expenditure limitations. Specifically, a city or town with “home rule” in Arizona means the voters of that city or town have voted to set the local expenditure limitation as the budgeted expenditures of the adopted budget for the next four fiscal years. The usage of “home rule” here is solely in reference to state-level approaches to municipal governance.

Article 13, Section 2 of the Arizona Constitution outlines the process by which the voters in a city with a population over 3,500 may locally adopt a charter. 

Charter Formation

There are two ways to initiate the charter adoption process. The city council, at its discretion, may put the question of charter adoption before the people at an election, or local citizens may present a petition containing signatures equal to 25 percent of the voters who voted in the last city election and then the council must call an election on the question. The election will determine whether a charter will be proposed for adoption, and the election of 14 freeholders (founding fathers) who will draft the charter. 

If the majority of the people vote in favor of adopting a charter, the board of freeholders is given 90 days to draft the charter. Once a draft is completed, it is submitted for review to the city council. The proposed charter is then published for 21 days in a daily newspaper or three consecutive weeks in a weekly newspaper having general circulation within the city limits. An election must be held not earlier than 20 days nor later than 30 days after the last publication date. 

If a majority of the people voting in the election vote in favor of adopting the charter, the charter becomes the organic law of the city, subject to the approval of the governor. The adopted charter is submitted to the governor, and if it is not in conflict with state law, the governor signs the charter and it becomes the “constitution” of the city.

The charter can be further amended solely by the voters of that city and changes may be proposed by the city via a ballot referral, or by the community through the initiative process. Any amendments passed at the ballot must also be approved by the governor before going into effect.

Charter Cities Today

As of 2022, there are 19 charter cities in Arizona. Tombstone is the smallest in population at 1,307 and Phoenix is the largest with a population of 1,624,569. Even though only charter cities represent less than 20% of the municipalities in Arizona, they represent over 74% of Arizona’s municipal population. That means that over 59% of the state’s population lives in a charter city. 

Over time, state government has granted several powers to general law cities that had previously been reserved to charter cities. A “general law” city is simply another term for non-charter cities and towns. In the past a municipality in Arizona had to be a charter city in order to do things like:

• Directly elect their mayor. (ARS 9-232.03)
• Establish districts for councilmembers. (ARS 9-232.04)
• Set term limits for their elected officials. (ARS 9-232.05)

Since numerous cities and towns across the state have adopted these options, in many ways charter cities are now more commonly known for the limitations that have placed on municipal government by their local voters.

Below is a small selection of charter provisions; it is not an exhaustive list and is only meant to provide insight into some of the more common elements found in Arizona’s charter cities. Please see Charter Government Provisions in Arizona Cities for a more thorough examination of the elements of charters across the state.

Select Charter Provisions in Arizona