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CHAPTER 3 – CANDIDATES

OVERVIEW

This Chapter addresses the requirements for a candidate running for a municipal office, including minimum candidate qualifications and the nominating procedures. 

CANDIDATE QUALIFICATION – GENERAL REQUIREMENTS

CANDIDATE QUALIFICATION – GENERAL REQUIREMENTS1

Candidates seeking nomination for local offices (including write-in candidates) must:

 be “qualified electors” at the time of filing their nomination paper;2a 2b 2c 

  be at least 18 years old at the time of filing their nomination paper;

   meet local residency requirements3a 3b 3c; and

  be able to speak, write, and read the English language.4a 4b

A person cannot be a candidate for more than one public office if the elections for those offices are held on the same day and if the person would be prohibited from serving in the offices simultaneously.5a 5b  

A person also may be precluded from holding a municipal office by reason of incompatibility of office. Although there are few specific guidelines, the Arizona Supreme Court held that offices are incompatible when it is physically impossible for the same person to perform the duties of both offices.6a 6b According to an Attorney General opinion, the incompatibility statute does not prohibit a person from serving concurrently as a school board member and member of a city or town council.7a 7b 

Moreover, the Arizona Constitution prohibits incumbents of salaried elective offices from offering themselves for nomination or election to another salaried elective office, except during the final year of the term being served.8 Under state law, individuals “offer themselves for nomination or election” when they file their the Nomination Papers.9

Finally, some persons may be disqualified from being candidates for municipal offices because of their employment. For example:

  • Attorneys: The Arizona Supreme Court has determined that being a member of the State Bar does not disqualify a person from serving as a mayor or councilmember.10
  • Federal employees: Employees in the executive branch of the federal government are generally not permitted to take an active part in political management or in political campaigns.11 For example, a special regulation of the Civil Service Commission allows federal employees living in Sierra Vista and Huachuca City, Arizona to run for municipal office as independent candidates so long as serving in these dual roles does not result in the neglect of, or interference with, the performance of the employee’s duties and does not create a conflict, or apparent conflict, of interest.12a 12b 12c The basis of this exception is the large percentage of federal employees residing in these municipalities.
  • State employment: State employees, under the jurisdiction of the state personnel system, are prohibited from being nominated for or being elected to any paid office by statute.13a 13b Officers and employees of State universities, colleges, and public schools are specifically exempt from the authority of the Arizona State Personnel System; thus, would not be prohibited from holding municipal office.14

RUNNING AS A CANDIDATE BY NOMINATION PETITION

In Arizona, individuals may be nominated to run for office by a petition process. The individual must first file a Statement of Interest with the clerk.15a 15b 15c This form is not a formal declaration of candidacy, and it does not guarantee that the candidate’s name will appear on the ballot. 

Upon the filing of the Statement of Interest, the clerk will provide the individual with a nomination packet that includes:

The individual will then circulate the Nomination Petition for signatures. See below regarding the number of signatures required.

Once the individual obtains the required minimum number of signatures on the Nomination Petition, the individual is required to file the Nomination PetitionNomination Paper, and Financial Disclosure Statement with the city or town clerk no later than 5:00 p.m. on the last day for filing such papers (not less than 120 days nor more than 150 days before the primary election date).18a 18b

Any candidate who does not file a complete and timely Nomination Paper is not eligible to have their name printed on the official ballot.19 The clerk is also prohibited from accepting a Nomination Paper from a candidate who owes $1,000 or more in fines, penalties, late fees or administrative or civil judgments including any interest or costs due to campaign finance violations.20a 20b 20c 20d This prohibition does not apply if the penalty is under appeal.21

Number of Signatures Required

The minimum number of signatures required22 on a Nomination Petition may depend on the type of municipality (town, city, charter city), the type of election (nonpartisan, at large, district, ward, etc.), and the particular office.  

Nonpartisan Cities: Candidate Nominated At Large

For any candidate nominated at large, city ordinance may require the lesser of 1,000 signatures or 5% of the vote in the city, but not more than 10% of the vote in the city.23

Nonpartisan Cities: Candidate Nominated by Ward, Precinct or Other District:

For any candidate nominated by ward, precinct, or other district, a city ordinance may require the lesser of 250 signatures or 5% of the vote in the district, but not more than 10% of the vote in the district.23

Nonpartisan Towns: Candidate Nominated At Large:

The minimum number of signatures required for any candidate must be at least 5% and not more than 10% of the vote in the town, unless a town ordinance requires the lesser of 1,000 signatures or 5% of the vote in the town, but not more than 10% of the vote in the town.

While the above describes the minimum number of signatures, it doesn’t say which base number to use for the calculations (i.e., the denominator). State law provides that, in cities, the basis of percentage “shall be the vote of the party for mayor at the last preceding election at which a mayor was elected.” In towns, the statute says the “basis of percentage shall be the highest vote cast for an elected official of the town at the last preceding election at which an official of the town was elected.”23. The statute does not define “highest vote cast.” Should you have questions, please discuss with your attorneys.

Clerk’s Ministerial Duties Relating to Nomination Forms 

There is no statutory requirement for the clerk to verify if a candidate meets the qualifications, including residency of the candidate.29 A candidate’s eligibility is vested with the courts and must be addressed in the candidate challenge process pursuant to A.R.S. § 16-351.30 Any person may challenge the candidate in superior court during the challenge period after31 the filing deadline.32 The clerk needs only to determine that the nomination forms are substantially in regular form and contain the requisite minimum number of signatures. Except for charter authority or the statutorily prescribed reasons below, it is the duty of the courts and not the clerk to determine the legal sufficiency of the Nomination Petition.33a 33b 33c

Reasons to Reject a Candidate Filing 

Pursuant to state law and the approved State Elections Procedures Manual,34 the clerk may35 reject a candidate filing for any of the following reasons: 

  1. Failure to file enough Nomination Petition signatures.36 
  2. Failure to file nomination documents by the statutory deadline.37  
  3. Failure to file all the required documents to run for office (except that failure to file a Statement of Interest is not a basis to reject a filing, although it renders signatures collected prior to filing a Statement of Interest subject to challenge).38a 38b 
  4. Failure to fully or properly complete any required document to run for office, including: 
    • Failure to sign a document that requires a signature (an electronic or type-written signature may be permissible).
    • Failure to select a required checkbox or answer a required question. 
    • Use of an honorific or other unauthorized title on a Nomination Paper, including a slogan, a promotional word or phrase or any word that does not actually constitute a nickname.39 However, when possible, the clerk should reject the unauthorized or honorific title in lieu of rejecting the Nomination Paper altogether. 
  5.  Failure to use the correct form or correct version of any required document, as prescribed by the clerk, to run for office.40 
  6. Seeking more than one office at the same time if the candidate would be prohibited from serving in the offices simultaneously.41 However, some candidates may simultaneously run for certain school district positions or federal office – talk to your attorney before rejecting based on this provision. 
  7. If a candidate for office is liable for an aggregate of $1,000 or more in fines, penalties, late fees, or administrative or civil judgments, including any interest or costs, that have not been fully paid at the time of the attempted filing of the Nomination Paper and the liability arose from campaign finance violations under Title 16, Ch. 6, unless the liability is being appealed.42a 42b 42c 42d

Person Withdrawing a Signature from a
Nomination Petition

A person who has signed a petition for any candidate nomination may withdraw the person’s signature from the petition no later than 5:00 p.m. on the date the petition containing the person’s signature is filed.43

To withdraw a petition signature, a person may do any of the following:

  1. Verify the withdrawal by signing a simple statement of intent to withdraw with the clerk.
  2. Mail a signed, notarized statement of intent to withdraw to the filing officer.
  3. Draw a line through the signature and printed name on the petition.44 

A properly withdrawn signature cannot be counted in determining the legal sufficiency of the petition.45 

Court Action to Appeal the Validity of a
Nomination Petition 

An elector may file a court action challenging a Nomination Petition but must do so by 5:00 p.m. of the 10th day, excluding Saturday, Sunday and other legal holidays, after the last day for filing the Nomination Papers and Nomination Petitions.46 Any such action must be heard by the Superior Court within 10 calendar days after the filing and this decision is only appealable if a notice of appeal is filed with the Arizona Supreme Court within 5 calendar days.47a 47b The appeal can allege that the petitions were not completed properly.48a 48b All challengers are required to specify in the action the petition number, line number, and basis for dispute for each signature in question.  

The clerk is statutorily named as a party to the action and automatically receives “service of process” in any action challenging a Nomination PetitionThe clerk is the designated agent for the person filing a Nomination Petition and, therefore, must immediately mail a copy of the challenge to the candidate and notify the candidate by telephone49 of the court complaint.50 The clerk must also immediately notify the county recorder(s) named in the challenge and provide the county with a copy of the challenge and a copy of the front sides of the Nomination Petitions (if applicable) filed by the challenged candidate.51 The county recorder or other election officer who performed signature verification must be prepared to provide testimony and other evidence on request of the parties to the challenge.52  

A candidate may also be challenged on grounds relating to the qualifications for office, as prescribed by law, including age or residency or if the candidate has failed to fully pay fines, penalties, or judgments for campaign finance violations. The court may also disqualify a candidate for petition forgery.53 

Financial Disclosure Statement  

Two categories of persons are required to file Financial Disclosure Statement

  • Public officers who hold a political or judicial office;54a 54b and   
  • Candidates for elective office.55 

In general, public officers and candidates file the same Financial Disclosure Statement form; the only differences are: (1) the period covered by the Financial Disclosure Statement; and (2) the Financial Disclosure Statement that applies to for local officers and local candidates may be modified based on local requirements.56a 56b 

The Financial Disclosure Statement may be filed electronically (e.g., by email) or in a paper format (in person or by mail).57 It must be filed prior to the filing the Nomination Paper.58  

The Secretary of State’s Financial Disclosure Handbook is available to provide additional guidance to candidates, but please remind your local officials that the Financial Disclosure Statement form in this Handbook is directed to Statewide and Legislative candidates  who file via the Secretary’s online filing system. 

Any public officer, local public officer or candidate who knowingly fails to file a Financial Disclosure Statement, knowingly files an incomplete Financial Disclosure Statement, or knowingly files a false Financial Disclosure Statement is guilty of a class 1 misdemeanor and is subject to a civil penalty of $50 for each day of noncompliance (but not more than $500) as prescribed in sections A.R.S. §§ 16-937 and 16-938.59 

RUNNING AS A WRITE-IN CANDIDATE 

Filing Requirements

In addition to the qualification requirements described above, a person seeking to be a write-in candidate must file a Write-In Nomination Paper and Financial Disclosure Statement with the city or town clerk by 5:00 p.m., not earlier than 150 days before the election and not later than the 60th day prior to the election.60a 60b A write-in candidate seeking to fill a vacancy that occurs after the official ballots have been printed must file no later than 5 days before the election.61a 61b The Write-In Nomination Paper must be signed by the candidate and include the information outlined in A.R.S. § 16-312(A).  

A.R.S. §§ 16-312(A)16-312(B)16-312(C). For example, for those who want to become an official write-in candidate in the 2022 Primary Election, the first day to file was March 5, 2022, and the deadline was June 23, 2022, at 5:00 P.M. For those who want to become an official write-in candidate in the 2022 General Election, the first day to file was June 11, 2022, and the deadline was September 29, 2022, at 5:00 P.M. For a general election, the 150-day start date is set prior to when the jurisdiction will know whether a runoff will occur. A write-in candidate who files a Write-In Nomination Paper for the general election prior to the primary election should be notified that a runoff will not occur. When applicable, a Statement on Recall can be filed with the Secretary of State’s Office. A.R.S. § 19-202.01(B). 

A.R.S. §§ 16-312(B)(1)16-343.

Failing to qualify as a write-in candidate62

A person does not qualify as a write-in candidate if:

  1. the person filed a Nomination Petition for the primary election and failed to submit enough valid signatures; 
  2. the person withdrew their candidacy from the primary election after a petition challenge in court; or  
  3. the person was removed from the primary election ballot or otherwise found to be ineligible by a court of law.63a 63b  

If the person ran and lost in the preceding primary election, that candidate cannot seek a write-in candidacy in the general election for the same office.64a 64b In addition, if the candidate did not receive the requisite number of votes required to proceed to the general election, that candidate cannot seek a write-in candidacy in the general election for the same office.65 

It is important to note that the candidates who received the highest number of votes for an office at the primary are the only candidates who can be considered at the general or runoff election.  Therefore, a person may run as a write-in candidate in a primary election, but write-in candidates would not be permitted at a subsequent general election. If a primary election is not held, write-in candidates would be permitted to run in the general election.  

The clerk may not accept a Write-In Nomination Paper66 from a person who is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of the state campaign finance laws.67a 67b 67c 67d 

Individuals seeking information about challenging a write-in candidate should be directed to consult with independent legal counsel.  

Providing Notice of the Write-In Candidates. 

The city or town clerk must provide notice to the county election board inspector of those persons properly filed as write-in candidates.68 The inspector is required to post this notice of the official write-in candidates in a conspicuous location within the polling place.69a 69b

Certifying Votes for Write-In Candidates 

Certifying Votes for Write-In Candidates70 

To proceed to a runoff after a primary election, or to receive a certificate of election after a general or runoff election, a write-in candidate must receive a number of votes that is equal to or greater than the number of required signatures for nominating petitions for the same office.71a 71b

CHAPTER 3 – FOOTNOTES

  1. A.R.S. § 9-232.
  2. In general, a “qualified elector” is a person who is: (1) qualified to register to vote and is properly registered to vote (i.e., included on the voter registration rolls) in the jurisdiction in question; and (2) will be at least 18 years old on or before the date of the election. A.R.S. § 16-311(B)A.R.S. § 16-101A.R.S. § 9-232.  See also Chapter 2; Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Oct. 19,1993) (concluding the Title 16 requirement that being a qualified elector at the time the candidate files the nomination paper should be followed notwithstanding lesser requirement in A.R.S. § 9-232) (opinion available upon request). 
  3. In general law cities, candidates must have resided in the city or town for at least one year preceding the election. A.R.S. § 9-232; see e.g., State v. Macias, 162 Ariz. 316 (Ariz. Ct. App. 1989). Persons who live in an area that was annexed into a city or town may qualify as candidates if they resided in that area for at least one year prior to the election. A.R.S. § 9-232(A). In charter cities, residency requirements typically vary from 1 to 3 years.  See Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Oct. 31, 1979) (concluding a charter city’s 2-year residency requirement would be upheld as reasonable in a rapidly growing city) (opinion available upon request).
  4. A.R.S. § 38-201(C); e.g., Escamilla v. Cuello, 230 Ariz. 202 (Ariz. 2012). 
  5. A.R.S. § 38-296.01(A). The only offices a state legislator may hold while serving as a member of the state legislature are school trustee, teacher, or instructor (not local office). Ariz. Const. art. IV, pt. 2, § 5.
  6. Perkins v. Manning, 59 Ariz. 60 (Ariz. 1942); cf. Davis v. Hale, 96 Ariz. 219 (Ariz. 1964) (holding that doctrine of incompatibility does not apply where a city council, operating under charter, combines offices in the interest of economy).
  7. A.R.S. § 38-296; see also Memo. from J. Lamar Shelley, Gen. Couns. League of Ariz. Cities & Towns (Oct. 24, 1996) (defining “salaried elective office”).
  8. Ariz. Const. art. XXII § 18A.R.S. § 38-296.
  9. Concurrent Service on a Town or City Council and a School Board, Ariz. Op. Atty. Gen. No. 72-20-L (1972).
  10. Home v. Rothschild, 227 Ariz. 119 (Ariz. 2011).
  11. 5 U.S.C. Section 7321, et seq.
  12. 5 C.F.R. § 733.104(e). This exception applies even if other candidates for local office are officially identified with a national or state political party. 5 C.F.R. §§ 733.103733.107.
  13. A.R.S. § 41-752 (C)State Employees and Public Office, Ariz. Op. Atty. Gen. No. 71-32-L (1971).
  14. A.R.S. § 41-752 (F). 
  15. A.R.S. § 16-311(H). (Note: Subsection C allows any city or town to adopt by ordinance for its elections the filing time frame for filing nomination petitions if the ordinance is adopted at least 150 days before the first election to which it applies.  Any petition signatures collected prior to submission of a Statement of Interest are subject to court challenges pursuant to A.R.S. § 16-351. A.R.S. § 16-341(I).
  16. The Secretary of State is statutorily responsible for preparing sample nomination petition forms for use in federal, statewide, legislative, county, city, and town elections. A.R.S. § 16-315(C).  The nomination petition form and content must conform to statutory requirements. A.R.S. §§ 16-31416-351. A photograph of the candidate may appear on the nomination petition, and the signature portion, circulator instructions, and statement must be in the form provided by law. A.R.S. § 16-315(A)(5).
  17. The Secretary of State’s handbooks and guides can be found on the Secretary of State’s website.
  18. A.R.S. §§ 16-314(A)-(B); 16-32216-314(A) (stating a Nomination Petition is filed “in addition to the nomination paper required.”)
  19. As a best practice, before accepting a filing, check that all forms are complete and properly signed. 
  20. See Reyes v. Palacio, CV-18-0157-AP/EL (Ariz. 2018) (holding that a legislative candidate was not “liable” for unpaid campaign finance penalties in excess of $1,000 under a different statute, A.R.S. § 16-311, because that statute requires the actual imposition and enforcement of the penalties under A.R.S. §§ 16-937 and 16-938 and the candidate was never referred to the city attorney for enforcement).
  21. A.R.S. § 16-341(L).
  22. A.R.S. § 16-322.
  23. A.R.S. § 16-322(A)(8) – (10), (B).
  24. A.R.S § 16-322(A)(8), (B).
  25. A.R.S § 16-322(A)(8), (B).
  26. A.R.S. § 16-322(A)(9), (B).
  27. A.R.S. § 16-322(A)(10), (B).
  28. A.R.S. § 16-322(A)(10), (B).
  29. Legislative Term Limits, Ariz. Op. Atty. Gen. No. I01-019 (2001).
  30. Residency Requirement of Legislators, Ariz. Op. Atty. Gen. No. I84-96 (1984).
  31. The challenge period is no later than 5:00 p.m. of the tenth day, excluding Saturday, Sunday, and other legal holidays, after the last day for filing nomination papers and petitions. A.R.S. § 16-351(A).
  32. A.R.S. § 16-351.
  33. Sims Printing Co. v. Frohmiller, 47 Ariz. 561 (1936)Hunt v. Superior Ct. ex rel Navajo Cty., 64 Ariz. 325 (1946); see also memorandum from David Merkel, Gen. Couns., League of Ariz. Cities & Towns, to Fredda Bisman, City Atty., City of Scottsdale (Apr. 22, 1998) (finding there is no authority for any city official to question the residency of a council candidate and the proper remedy is pursuing the matter in court).
  34. State Elections Procedures Manual, Ch. 6 Candidate Nomination, I. Nomination Procedures.
  35. McKenna v. Soto, 250 Ariz. 469 (2021) (finding that there is no statutory authority for the State Elections Procedures Manual to dictate candidate nomination petition procedures and therefore any candidate petition instruction in the Manual is guidance only).
  36. A.R.S. § 16-322(A), (B).
  37. A.R.S. § 16-311(A), (C).
  38. A.R.S. §§ 16-311(I)16-314(A).
  39. A.R.S. § 16-311(G).
  40. In the 2020 election cycle, there was an increase in candidates using forms from the county or State because it was accessible earlier than the municipality’s candidate packet. It may be useful to provide notification on the city or town website that only the jurisdiction’s forms can be used to run for a municipal office. 
  41. A.R.S. § 38-296.01.
  42. See Reyes v. Palacio, CV-18-0157-AP/EL (Ariz. 2018) (holding that a legislative candidate was not “liable” for unpaid campaign finance penalties in excess of $1,000 under a different statute, A.R.S. § 16-311, because that statute requires the actual imposition and enforcement of the penalties under A.R.S. §§ 16-937 and 16-938 and the candidate was never referred to the city attorney for enforcement).
  43. A.R.S. § 19-113(A).
  44. A.R.S. § 19-113(B).
  45. A.R.S. § 19-113(C).
  46. A.R.S. § 16-351(A).
  47. Bohart v. Hanna, 213 Ariz. 480 (2005); see also Validity of Nomination Petitions with Incorrect Primary Election date after the Enactment of SB 1430, Ariz. Op. Atty. Gen. No. I07-010 (2007).
  48. Jenkins v. Hale, 218 Ariz. 561 (2008); Applicability of Rationale in Jenkins v. Hale to All Circulated Petitions, Ariz. Op. Atty. Gen. No. I09-011 (2009).
  49. The statute says “by telephone”.  As a best practice we recommend sending a follow-up email confirming the phone conversation to ensure there is a record of the telephone notification.
  50. A.R.S. § 16-351(D).
  51. A.R.S. § 16-351(D).
  52. A.R.S. § 16-351(E).
  53. A.R.S. § 16-351(F). All petitions that have been submitted by a candidate that is found guilty of petition forgery must be disqualified, and the candidate is not eligible to seek election to a public office for at least 5 years.
  54. A “public officer” is defined as “a member of the legislature and any judge of the court of appeals or the superior court, or a person holding an elective office the constituency of which embraces the entire geographical limits of this state.” A.R.S. § 38- 541(8). A “local public officer” is defined as “a person holding an elective office of an incorporated city or town, a county or a groundwater replenishment district established under title 48, chapter 27.” A.R.S. § 38-541(6). Title 48 special district candidates, school district governing board candidates, and precinct committeemen candidates are not required to file a Financial Disclosure Statement. See A.R.S. §§ 38-54338-541(8).
  55. See A.R.S. § 18-444(D).
  56. The Financial Disclosure Statement must include all the information required by state law, as well as your city or town ordinance or resolution.  Notwithstanding the provisions of any law, charter or ordinance to the contrary, every city and town is required to adopt an ordinance, rule, resolution or regulation that describes financial disclosure standards that are consistent with A.R.S. §§ 38-541 – 38-545.
  57. See A.R.S. § 18-444.
  58. See A.R.S. § 16-311(I).
  59.  A.R.S. § 38-544.
  60. A.R.S. §§ 16-312(A)16-312(B)16-312(C). For example, for those who want to become an official write-in candidate in the 2022 Primary Election, the first day to file was March 5, 2022, and the deadline was June 23, 2022, at 5:00 P.M. For those who want to become an official write-in candidate in the 2022 General Election, the first day to file was June 11, 2022, and the deadline was September 29, 2022, at 5:00 P.M. For a general election, the 150-day start date is set prior to when the jurisdiction will know whether a runoff will occur. A write-in candidate who files a Write-In Nomination Paper for the general election prior to the primary election should be notified that a runoff will not occur. When applicable, a Statement on Recall can be filed with the Secretary of State’s Office. A.R.S. § 19-202.01(B).
  61.  A.R.S. §§ 16-312(B)(1)16-343.
  62. A.R.S. § 16-312.
  63. A.R.S. § 16-312(F). See also Running for Public Office – A Candidate Guide, Office of the Secretary of State, p. 8 (2024). A person may not seek a write-in candidacy in the General Election for the same reasons.
  64. A.R.S. §§ 16-312(F)(1)-(4); 9-821.01; § 16-645. See also Kennedy v. Lodge, 230 Ariz. 548 (Ariz. 2012).
  65. See previous footnote.
  66. Sample Write-In Nomination Paper.
  67. A.R.S. § 16-312(D).  This is subject to an exception if the fines, penalties, late fees, or judgments are being appealed by the proposed candidate.  See also Reyes v. Palacio, CV-18-0157-AP/EL (Ariz. 2018) (holding that a legislative candidate was not “liable” for unpaid campaign finance penalties in excess of $1,000 under a different statute, A.R.S. § 16-311, because that statute requires the actual imposition and enforcement of the penalties under A.R.S. §§ 16-937 and 16-938 and the candidate was never referred to the city attorney for enforcement).
  68. A.R.S. § 16-312(E). The intergovernmental agreement between the municipality and the county for election services may have specific requirements related to write-in candidates. 
  69. A.R.S. §§ 16-312(E)16-343(G).  The inspectors will post a notice of vacancy in the same manner as posting the notice about the official write-in candidates. In the case of a withdrawal of a candidate that occurs after the printing of official ballots, the inspectors must post the notice of withdrawal in a conspicuous location in each polling place and at each early voting location. The early ballot instructions must also include a website address where updates regarding write-in and withdrawn candidates are available.
  70. A.R.S. § 16-312.
  71. A.R.S. §§ 9-821.0116-645.  There is a provision in A.R.S. § 16-343 for late vacancy write-in candidates; however, the Arizona Court of Appeals, Division I, ruled that the provision did not apply to a nonpartisan election of a charter city. Katan v. City of Prescott, 233 Ariz. 179 (Ariz. Ct. App. 2009).