Elections Manual – Chapter 1

  1. FORWARD
  2. CHAPTER 1- INTRODUCTION
    1. Constitutional & Statutory Authority Governing Municipal Elections
      1. State Election Laws and Charter Cities
      2. Election Dates
      3. Filling a Council Vacancy in a General Law City and Town
      4. Mayor and council: terms and selection methods
      5. Illegal Use of Public Resources to Influence an Election
      6. Prohibition on Using Private Monies for Elections
      7. “1487 Complaints”
      8. chapter 1 – footnotes

FORWARD

We are pleased to present the revised Municipal Election Manual (Manual), which is designed to serve as a tool for cities and towns to implement their municipal election processes. 

The new Municipal Election Manual is only available in electronic format through the League’s website. This new electronic format allows the League to update the manual throughout the year, reducing the possibility of multiple conflicting versions, and ensuring that readers have access to the most current and up-to-date version of the Manual and forms as possible. Please do not share the link to this Manual or post it online. 

The League created and published its first edition of the Municipal Election Manual in 1966. The League believes the Manual is necessary because most state election laws are not written with local government elections in mind and cannot be easily applied to municipal elections processes.  

We will continue to update and improve this Manual in the future and look forward to hearing your comments and suggestions. 

Tom Belshe
Executive Director, League of Arizona Cities and Towns

CHAPTER 1- INTRODUCTION

This Manual provides general guidance to local clerks in conducting municipal elections.

This Manual does not, and is not intended to, constitute legal advice; instead, all information, content, forms, and materials available in this Manual are for general information purposes only. As laws continuously change and new court decisions are issued, this Manual may not contain the most up-to-date information. Readers with legal questions are asked to contact their attorneys. Only your individual attorney can provide assurances that the information contained herein is up to date, applicable, or appropriate to your situation.

The League’s General Counsel provides general information during trainings and is available to assist city/town attorneys should they request a second opinion. The League’s General Counsel, however, does not provide legal advice or legal assistance to non-city/town attorneys, clerks, candidates, or the public.

Constitutional & Statutory Authority Governing Municipal Elections

Constitutional authority for elections is generally found in the Arizona State Constitution, Article VII (suffrage and elections), Article 13 (municipal corporations), Article XIII (city charters), and Article IV, Section 1(8) (local, city, town referenda and initiative).  

The statutory authority for municipal elections is contained in the following titles of Arizona Revised Statutes (A.R.S.): Title 9, Chapter 7, Article 3 and Title 19. Moreover, state law requires the Secretary of State to issue an Elections Procedures Manual (“State Elections Procedures Manual”). The State Elections Procedures Manual is submitted for review to the Governor and the Attorney General by October 1 of the year before a general election. If approved, the State Elections Procedures Manual is then issued by December 31 of that same year. State law also generally requires local elections to be conducted in accordance with county election processes subject to exceptions. A.R.S. §§ 16-452(B), 9-821.

The relevant constitutional provisions and state laws are constantly being interpreted by the courts. The administration of a local election may also be subject to an intergovernmental agreement with the county. Please consult with your city or town attorneys.

State Election Laws and Charter Cities

In the absence of constitutional or lawful restrictions, a charter city has full power to act within the limitations imposed by the Constitution. In 2021, the Arizona Supreme Court concluded that local election dates were a matter of purely municipal concern and A.R.S. § 16-204.01 does not require a charter city to hold its local elections with state and national elections if its charter provides otherwise. State ex rel. Brnovich v. City of Tucson, 251 Ariz.

While most charters incorporate provisions from state election laws, some charters have unique local provisions that govern how and when local officials will be elected. For these reasons, some of the information in this Manual may not be applicable to certain charter cities. 

Election Dates

Election Dates for Regular Candidate Elections
Notwithstanding any charter to the contrary, a candidate election (other than a special election to fill a vacancy or a recall election) can only be held on the following dates:

  • The first Tuesday in August of an even-numbered year.
  • The first Tuesday after the first Monday in November of an even-numbered year. A.R.S. §§ 16-204, 16-204.01 

Dates for Other Elections
All other local elections (including special elections to fill vacancies and recall elections, but excluding charter elections and the elections described below) must be held on the following dates:

Subject to exceptions, local elections to approve secondary property taxes must be held on the first Tuesday after the first Monday in November in any odd or even-numbered year. A.R.S. § 16-204(F)(4).

Notwithstanding any other law, local elections to approve transaction privilege tax assessments must be held on the first Tuesday after the first Monday in November in an even-numbered year. A.R.S. § 16-204(F)(4).

Filling a Council Vacancy in a General Law City and Town

If a vacancy occurs less than 30 days before the nomination deadline (the nomination deadline is 120 days prior to the election for that vacant seat16), the council must appoint a qualified replacement and the appointee will serve the entire length of the unexpired term.17 If a vacancy occurs more than thirty days before the nomination deadline (the nomination deadline is 120 days prior to the election for that vacant seat18), the council must appoint a qualified replacement and the appointee will serve until the next regularly scheduled council election.19 In other words, if a vacancy occurs on your council and the incumbent would have more than 2 years remaining on his or her term, you are required to put the remainder of the term on your next council election ballot. This means you would need to prepare a separate Nomination Petition. Petitions for the vacant seat’s remaining 2-year term (in addition to the regular petitions for the 4-year terms).20 The 2-year term should be clearly marked at the top of the petition (to distinguish it from the petitions for 4-year terms). On the ballot, a separate section will list those candidates who filed 2-year term Nomination Petitions. It is critical that you discuss vacancies with your attorneys.21

Mayor and council: terms and selection methods

Number of Councilmembers
A city or town with a population exceeding 1,500 at the time of incorporation must consist of 7 members.22

A city or town with a population of less than 1,50023 at the time of incorporation must consist of 5 members; if the population later increases above 1,500, the council may pass an ordinance increasing the membership to 7, with the additional 2 members to be elected at the first election after the passage of the ordinance.24 

Terms
The default under state law is for cities and towns to elect their councilmembers at large for 2-year terms unless 4-year overlapping terms are approved by the voters.25a 25b 25c 25d

If 4-year terms are approved by the voters, the councilmembers will be elected by lot on an alternating basis every 2 years. For example, residents may vote to fill 3 seats (for 4-year terms) on a 7-member council at one election – and then vote to fill the other 4 seats (for 4-year terms) at the following election. 

Unless directly elected, the mayor is elected from among the council membership and serves in that capacity for a 2-year term.26a 26b Qualified electors of a town may, by majority vote, enact, enforce, or repeal term limits of council or mayor.27

Direct Election of Mayor
The mayor is elected from among the council membership and serves in that capacity for a 2-year term.28a  28b General law cities and towns have the option of directly electing their mayor if approved by the voters.29a 29b The mayor may be directly elected if such an option is first approved by the voters of the city or town.30a 30b At the election, the term of the mayor is designated as 2 years or 4 years.

The District System
If a district system is approved by the voters, the council divides the city or town into 6 or less districts with nearly equal population.31a 31b Under a four- or six-member district system, qualified electors may vote for only one councilmember to represent their district; however, all qualified electors may vote for the mayor. Put another way, each councilmember is elected by a separate district, but the mayor is elected at large from all the districts.32

If a district system is approved by the voters, the council divides the city or town into 6 or less districts with nearly equal population.33 Each district must consist of contiguous territory in as compact form as possible.34 Redistricting is often completed every 10 years after the decennial census to account for population changes. State law prohibits redistricting within 6 months of a city or town election.35
If applicable, discuss redistricting procedures with your attorneys.36

Illegal Use of Public Resources to Influence an Election

The Legislature has specifically prohibited cities and towns from using public resources “for the purpose of influencing the outcome of elections.”37a 37b “Public resources” includes the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the city or town.38 The Attorney General has opined that “anything of value” can also include an employee’s time during normal work hours.39a 39b

“Influencing the outcomes of elections” means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.40

The prohibition on the use of public resources to influence the outcome of bond, budget override, and other tax-related elections does not include routine city or town communications (messages or advertisements that are germane to the everyday functions of the city or town and that maintain the frequency, scope, and distribution consistent with past practices or are necessary for public safety).41 The prohibition also does not include “informational pamphlets on a proposed bond election as provided in A.R.S. § 35-454 if those informational pamphlets present factual information in a neutral manner.”42 The prohibition also does not include reports of official actions by the governing body.43 The Attorney General has also concluded that elected officials may use their official titles in letters or political advertisements so long as no public monies are used to fund such communications.44a 44b Whether the prohibitions extend to educational or factual materials that do not expressly advocate for or against a measure requires analysis of the specific materials and the circumstances relating to their distribution to determine whether the materials are “for the purpose of influencing the outcome of election.” 45

City and town resources, including facilities and equipment, can be used for government-sponsored forums or debates if the city or town remains impartial, the events are purely informational, and the city. or town provides an equal opportunity to all viewpoints.46  “Government-sponsored forum or debate” is defined as any event, or part of an event or meeting, in which the city or town is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.47

The rental and use of a public facility by a private person or private entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.48

Moreover, employees of a city or town cannot use the authority of their positions to influence the vote or political activities of any subordinate employee.49

It is critical that you discuss these prohibitions with your attorneys. Violations of these prohibitions are prosecuted by the county attorney or the Attorney General, and the court may impose a civil penalty not to exceed $5,000, plus any amount of misused funds subtracted from the city or town budget against a person who knowingly violated or aided another person in violating this law.50 If an employee or official is found in violation of these prohibitions, that employee or official is personally responsible for paying all penalties and misused funds.51 State law also prohibits the use of a municipality’s funds or insurance to pay for these penalties or misused funds.52

Prohibition on Using Private Monies for Elections

Notwithstanding any other law, a city or town cannot receive or expend private monies for preparing, administering, or conducting an election (including registering voters).53

“1487 Complaints”

Any legislator may file a complaint against an official action adopted or taken by the council and require the Attorney General to investigate within 30 days.54a 54b 54c A violation may result in the loss of the city or town’s state shared revenue.55

chapter 1 – footnotes

  1. A.R.S. § 16-452(B).
  2. A.R.S. § 16-452(B).
  3. For the latest approved version of the State Elections Manual, go to the Arizona Secretary of State’s website.
  4. A.R.S. § 9-821.
  5. State ex rel. Brnovich v. City of Tucson, 251 Ariz. 45, ¶ 33, 484 P.3d 624, 632 (2021).
  6. Even if a local charter allows an off-cycle candidate election, A.R.S. § 16-204.01 requires the municipality to hold the candidate election in the fall of an even-numbered election date if the municipality did not meet the statutory voter turnout threshold. See A.R.S. § 16-204.01.
  7. A.R.S. § 16-204(E).
  8. A.R.S. § 16-204(E)(1).
  9. A.R.S. § 16-204(E)(2). If a city or town holds a single election only (e.g., no primary), the single election must be held on the first Tuesday after the first Monday in November.
  10. The presidential preference election is not included in this section since it is a partisan preference election managed exclusively by the state and counties and no other election may appear on the same ballot. See A.R.S. § 16-241.
  11. Charter adoption and amendment elections were excluded from the consolidated election requirement due to the time frames specified in the Constitution; these elections can be held at any time. See A.R.S. § 16-204(D); see also, City of Tucson v. State 235 Ariz. 434, 435, ¶ 3, 333 P.3d 761, 762 (App. 2014) (held that § 16-204 does not preempt city charters that require odd-numbered year election dates because “state-mandated election alignment, when it conflicts with a city’s charter, improperly intrudes on the constitutional authority of charter cities”). Even if a municipality has authority to hold a local election on different date, however, the county may be unwilling to conduct an election for the municipality unless it is held on a consolidated election date.
  12. A.R.S. § 16-204(F) (in contrast to subsection E that addresses local candidate elections, subsection F does not say “notwithstanding any other law or any charter or ordinance to the contrary” when it comes to non-candidate local elections).
  13. A.R.S. § 16-204(F).
  14. A.R.S. § 16-204(F)(4).
  15. A.R.S. § 16-204(F)(4).
  16. A.R.S. § 16-311.
  17. A.R.S. § 9-235.
  18. A.R.S. § 16-311.
  19. A.R.S. § 9-235. This applies only if your council has 4-year terms and does not affect charter cities.
  20. Memorandum from Joni Hoffman, Gen. Couns., League of Ariz. Cities & Towns, to Ken Strobeck, Exec. Dir., League of Ariz. Cities & Towns (Apr. 27, 2012) (explaining A.R.S § 9-235 and providing an example of application).
  21. Hendrix v. Town of Gilbert, et al., CV 2020-009892 (Maricopa Cnty. Sup. Ct., Sept. 11, 2020) appeal denied (holding that a candidate who won at the primary election to fill the remainder of a 2-year term because of a vacancy must be seated on the general election date and not the January date specified in the town code establishing council member terms).
  22. A.R.S. § 9-231(B).
  23. Population is based on the latest official United States census. A.R.S. § 9-231(B).
  24. A.R.S. § 9-231(B).
  25. A.R.S. §§ 9-232.02., 9-272., 9-301. See also A.R.S. § 9-232.05 (authorizing voter initiatives to enact, enforce, or repeal the term limits of councilmembers and the mayor).
  26. A.R.S. §§ 9-232.02, 9-272.
  27. A.R.S. §§ 9-232.05.
  28. A.R.S. §§ 9-232.02., 9-272.
  29. A.R.S. § 9-232.03., 9-272.01.
  30. A.R.S. § 9-232.03. 9-272.01.
  31. A.R.S. §§ 9-232.04; 9-273. Several cities and towns use a district or ward system, such as Phoenix (district), Tucson (ward), Mesa (district), Glendale (district), Peoria (district), and Surprise (district).
  32. It should be noted that this option automatically provides for direct election of the mayor instead of having the official chosen by the council; however, the mayor still serves as a member of the council.
  33. A.R.S. § 9-273.
  34. A.R.S. § 9-473(B).
  35. A.R.S. § 9-473(B).
  36. A city or town that intends to redistrict should discuss and provide advance notice to the county if the county will be administering the election of the city or town. Many cities and towns follow the best practices that are outlined in the U.S. Elections Assistance Commission’s Local Officials’ Guide to Redistricting (2021).
  37. A.R.S. § 9-500.14. This prohibition applies to the use of public resources to support or oppose measures that have not yet qualified for the ballot, as well as measures that have qualified for the ballot. Use of City or County Funds to Educate the Public on Ballot Measures, Ariz. Op. Atty. Gen. No. I00-020 (Sept. 11, 2000). 
  38. A.R.S. § 9-500.14.
  39. The Attorney General has opined that “anything of value” may include an employee’s time during normal work hours. Use of Public Funds to Influence the Outcomes of Elections, Ariz. Op. Atty. Gen. No. I15-002 (2015). Despite this opinion, the Solicitor General of Arizona in 2021 concluded that Governor Ducey did not violate A.R.S. § 16-192 (the state version of the public resource prohibition) when the Governor advocated against the passage of a proposition using a work phone during “normal work hours” because his use of the work phone was “incidental” to the attributes of the Governor’s office and “whatever public resources were expended . . . would have been expended regardless of whether [the Governor was] communicating about a ballot measure.” The Solicitor General also concluded the interests protected under A.R.S. § 16-192(A) did not outweigh the free speech rights of the Governor.
  40. A.R.S. § 9-500.14(H)(2).
  41. Kromko v. City of Tucson, 202 Ariz. 499, 47 P. 3d 1137, (App. 2002) (to violate statute prohibiting a city or town from using its resources to influence outcomes of elections, communication must clearly and unmistakably present a plea for action and identify the advocated action). 
  42. A.R.S. § 9-500.14(A).
  43. A.R.S. § 9-500.14(A).
  44. Use of Official Titles by Elected Officials in Connection with Political Advocacy, Ariz. Op. Atty. Gen. No. I07-008 (2007). See also, A.R.S. § 16-192).
  45. Use of City or County Funds to Educate the Public on Ballot Measures, Ariz. Op. Atty. Gen. No. I00-020 (Sept. 11, 2000).
  46. A.R.S. § 9-500.14(C).
  47. A.R.S. § 9-500.14(H)(1). 
  48. A.R.S. § 9-500.14(C).
  49. A.R.S. § 9-500.14(D).
  50. A.R.S. § 9-500.14(F).
  51. A.R.S. § 9-500.14(F).
  52. A.R.S. § 16-407.01.
  53. A.R.S. § 16-407.01.
  54. A.R.S. § 41-194.01 (commonly referred to as “1487 Complaints” because Senate Bill 1487 (2016) and codified A.R.S. § 41-194.01). In 2021, the statute was amended to expand the scope of these investigations to include “any written policy, written rule or written regulation adopted by any . . . city or town” if it failed to repeal or resolve the alleged violation within 60 days after receiving notification of the allegation; however, this portion of the statute was held unconstitutional as violating the single subject rule. See City of Phoenix. v. State, CV2021-012955 (Maricopa Sup. Ct., Nov. 03, 2021).
  55. A.R.S. § 41-194.01.