Chapter 6 – Special elections

Website Notice

Information about any special election must be posted on the city or town website at least 90 days before the election if the population of your city or town exceeds 2,500.¹ 

Initiative and Referenda

An initiative is the process used by voters to propose a new law or amend an existing law and place the issue on the ballot for a public vote. A referendum is the process used by voters to refer to the ballot for a public vote a measure, ordinance, resolution, item, or any part of any measure, ordinance, resolution, or item enacted by the Council.   

Article IV, Part 1, Section 1 (8) of the Arizona Constitution provides for local initiative and referendum measures. The State Elections Procedures Manual and the provisions of A.R.S. Title 19, chapter 1 also apply, which provide that the duties required of the Secretary of State as to State legislation must be performed by the clerk.²   

Both the initiative and the referendum processes require voters to gather enough signatures from qualified electors of the city or town to place the item being initiated or referred on the ballot. In reviewing initiatives and referendums for cities and towns, the courts require strict compliance for referenda, but only substantial compliance for initiatives.^{3a 3b}   

The filing deadlines, signature requirements, and forms for an Initiative Petition and Referendum Petition are also different. We recommend that the clerk have pre-prepared packets available for distribution to an individual or group seeking to circulate an Initiative Petition or Referendum Petition (see below). The sample petition forms provided in this Election Manual are specific to city and town measures.⁴ You can also access the Secretary of State’s Initiative and Referenda Guide here.⁵  

Note: Rather than printing paper copies of the packet, a best practice is to keep this material current and store it in an electronic file so that it can be copied to electronic media upon request. 

Referendum Packet  

The Referendum Packet will include:  

• Application for a Serial Number
• Statement of Organization   
• Referendum Petition 
• Campaign Finance Report  
• Termination Statement   
• Affidavit of Signature Withdrawal from Referendum Petition 
• A copy of the statutes regarding the circulation of petitions for signatures (A.R.S. §§ 19-114.01 through 19-119.02) and all rules adopted by the Secretary of State pursuant to Title 19.⁶  
• A copy of the circulator training materials created by the Secretary of State.⁷ This currently includes the Petition Circulation Training Guide and Initiative & Referendum Guide. 

Initiative Packet 

The Initiative Packet will include:  

• Application for a Serial Number for Initiative Petition*
• Statement of Organization   
• Initiative Petition  
• Campaign Finance Report 
• Termination Statement   
• Affidavit of Signature Withdrawal from Initiative Petition 
• A copy of the statutes regarding the circulation of petitions for signatures (A.R.S. §§ 19-114.01 through 19-119.02) and all rules adopted by the Secretary of State pursuant to Title 19.⁸  
• A copy of the circulator training materials created by the Secretary of State.⁹ This currently includes the Petition Circulation Training Guide and Initiative & Referendum Guide.   

Initiative Actions

Signature Requirements and Calculations for Initiatives 

The electors within any city or town may initiate a local law or ordinance by securing the signatures of 15% of the qualified electors of the city or town for an Initiative Petition.^{10a 10b}  

The Arizona Supreme Court has ruled¹¹ that the basis for calculation of signatures for a local initiative may be specified by local ordinance or charter provision. See the sample League Model Ordinance on Initiatives and Referendums. In the absence of an ordinance or charter provision, the basis for calculating the number of signatures for a local initiative is the whole number of votes cast at the local candidate election preceding the submission of the an Initiative Petition (the last election for mayor or council).¹²   

Other Initiative Requirements 

The individual or group circulating an Initiative Petition must comply with state law. 

An initiative petition must be filed not less than 4 months preceding the date of the election at which the measures so proposed are to be voted upon. Consult with your attorney on how to calculate the deadline for filing an Initiative Petition.¹³

The initiative must be legislative in nature and must deal with a single subject.^{15a 15b 15c 15d} Whether an act is legislative or administrative is a matter to be discussed with your attorney.  See, e.g., Roundtree v. Page, CV-24-0144-PR (Arizona Supreme Court, July 30, 2025).

The official proponents of an initiative have the right to intervene as a party whenever the constitutionality, legality, or application of their initiative is at issue.¹⁴

A clerk cannot accept an Initiative Petition issued for circulation more than 24 months before the general election at which the measure is to be included on the ballot.¹⁶ 

Charter Amendments by Initiative¹⁷ 

Amendments to a charter may be proposed and submitted to the people by the council, with or without an initiative petition, but they must be filed with the clerk for submission not less than 60 days before the election at which they are to be voted upon, and no amendment of a charter must be effective until it is approved by a majority of the votes cast thereon by the people of the jurisdiction to which it applies.

The council may, by ordinance, order special elections to vote on municipal measures.  

Referendum Actions

Signature Requirements and Calculations for Referenda  

A referendum requires at least 10% of the municipal electors to propose a referendum on legislation enacted by the council.¹⁸ The number of qualified electors required to sign the petition is computed from the whole number of votes cast at the last citywide or town-wide election where a mayor or an at-large councilmember was chosen last preceding the submission of the application for the referendum petition.^{19a 19b}   

Types of Referenda 

The 2 types of referenda actions are as follows: 

1. Referendum by Referendum Petition. 

2. Referendum for charter amendments.²⁰ 

Referendum by Petition 

Before either an ordinance or resolution (not adopted as an emergency measure) becomes effective, there is a 30-day window when a Referendum Petition may be filed.²¹ Only legislative acts of the council can be subject to a referendum, and there are several court cases that discuss the differences between legislative and administrative acts.^{22a 22b 22c} Whether an act is legislative or administrative is a matter to be discussed with your attorney.  See, e.g., Roundtree v. Page, CV-24-0144-PR (Arizona Supreme Court, July 30, 2025).

A person or group that seeks to refer an ordinance or resolution to the voters (the “proponent”) will first need to obtain a Referendum Packet from the clerk (see above)^{23a 23b} and a full and correct copy of the ordinance or resolution signed by the mayor.²⁴  

The proponent will then complete and file the Application for a Serial Number and Statement of Organization to the clerk.²⁵ Once a referendum proponent files a completed Application for a Serial Number and Statement of Organization with the clerk, the clerk must issue an official referendum petition serial number to the proponent.²⁶ According to the Arizona Supreme Court, state law only authorizes the clerk to reject the Application for a Serial Number if the applicant did not submit the Statement of Organization.^{27a 27b} 

The proponent will then circulate the Referendum Petition for signatures. Signatures collected on a Petition without the full and correct copy of the measure attached to the Petition are invalid.^{28a 28b 28c 28d} 

The council may not voluntarily submit a measure to the people in the absence of a Referendum Petition, except in the case of proposed amendments to the charter in a charter city^{29a 29b 29c} or where referral is required or specifically allowed by statute. For example, there is an exception for sales tax issues.³⁰

Referendum on Initiative Measures Enacted by Council 

If an ordinance, charter, or amendment to a charter is proposed by initiative, it must be filed with the clerk, who will submit it to the voters at the next election. The council may enact the measure and refer it to the people, or it may enact the measure without referring it to the people, and in that case, it is subject to referendum petition (like any other measure).³¹   

INITIATIVE AND REFERENDUM STEPS 

In the absence of charter provisions for the initiative and referendum, the following provisions of state law must be followed:³² 

1. Application for a Serial Number. A person or organization wishing to file an Initiative Petition or Referendum Petition must file the appropriate Initiative Application for a Serial Number or Referendum Application for a Serial Number with the clerk on a form setting forth:³³ 

1. Name or, if an organization, its name and the names and titles of its officers. 

2. Address. 

3. Intention to circulate and file a petition. 

4. A description of no more than 200 words of the principal provisions of the measure.^{34a 34b 34c} 

5. Text of the initiative or referred measure in no less than 8-point type. Maps, charts, and graphs are exempt from this type size requirement.  

(For a Referendum Petition, the “measure” is defined in State law as the ordinance or resolution being referred or, if neither was passed, that portion of the council minutes that reflects the council action. For zoning ordinances being referred, a legal description of the property and any amendments made to the zoning ordinance must also be attached.^{35a 35b}) 

6. The Application for a Serial Number must be accompanied by a Statement of Organization of the political action committee, and the clerk is prohibited from accepting an application that is not accompanied by the Statement of Organization, unless the petitioners filed a Statement of Organization prior to submitting their application.³⁶ According to the Arizona Supreme Court, state law only authorizes the clerk to reject the Application for a Serial Number if the applicant did not submit the Statement of Organization.^{37a 37b}

The clerk will then issue an official serial number to the applicants. This official number will need to appear on the lower right-hand corner of both sides of the petition³⁸ signature sheets. The clerk must also make available by electronic means the text of Title 19 of the Arizona Revised Statutes (governing initiative and referendum) and any relevant rules adopted by the Secretary of State (i.e., providing hyperlinks to the State Elections Procedure Manual, Initiative and Referenda Guide, and other relevant information on the Secretary of State’s website).   

Any paid or out-of-state circulators must register with the Secretary of State’s Office prior to collecting signatures for statewide measures. A circulator is not required to be a resident of Arizona but must be otherwise qualified to register to vote in Arizona at all times during circulation of the petition. Paid circulators and non-resident circulators must register with the Secretary of State if they are circulating statewide measures.³⁹ Paid or nonresident circulators for local measures are not required to register with the State.⁴⁰ Best practices and a Petition Circulation Training Guide is available on the Secretary of State’s website; however, cities and towns are not required to provide circulator training materials.⁴¹ 

2. Initial Receipt. When the person or group circulating the petition returns the petitions, the clerk immediately issues an Initial Receipt,⁴² which may be electronically issued. This receipt can be an estimate of the number of sheets and signatures filed and does not indicate that the measure has qualified for the ballot. After the Initial Receipt is issued, no additional petitions may be filed.⁴³ Once the petition is filed it cannot be withdrawn as a whole nor can individual signatures be withdrawn.^{44a 44b} The clerk may prescribe the method of filing, including electronic filing.⁴⁵  

3. Submittal & Grouping of Petition Sheets: The political action committee that is the proponent of the petition and that files the petition must organize the signature sheets and group them by circulator. The official number also needs to appear on the lower right-hand corner of both sides of the petition signature sheets. The political action committee is solely responsible for compliance. The clerk may return as unfiled any signature sheets not so organized or grouped.⁴⁶ 

4. Clerk’s Review. In the absence of a city or town ordinance or charter provision regarding verification of signatures, within 20 days (excluding Saturdays, Sundays and legal holidays) after the filing of an Initiative Petition or Referendum Petition and the issuance of the Initial Receipt, the city or town clerk must:^{47a 47b} 

1. Remove the following: 

1. Those sheets not attached to a copy of the complete title and text of the measure. 

2. The copy of the title and text from the remaining petition sheets.⁴⁸ 

3. Those sheets not bearing the correct serial number in the lower right-hand corner of each side.⁴⁹ 

4. Those sheets containing a Circulator Affidavit ⁵⁰ that is not completed or signed or that has been modified. Any petition that contains a partially completed or modified Circulator Affidavit is invalid.⁵¹ 

5. Those sheets on which the Circulator Affidavit is not notarized, the notary’s signature is missing, the notary’s commission has expired, or the notary’s seal is not affixed. 

6. Those sheets on which the signatures of the circulator or the notary are dated earlier than the dates on which the electors signed the face of the petition sheet. 

7. Those sheets on which the circulator of the petition has not stated whether the circulator is a paid or volunteer circulator.^{52a 52b} 

8. Those sheets circulated by a circulator who has been convicted of petition signature fraud.⁵³  

9. Those sheets on which the circulator is required to be registered with the Secretary of State⁵⁴ and the circulator was not properly registered at the time of circulation. As noted above, paid circulators and non-resident circulators must register with the Secretary of State if they are circulating statewide measures. Paid or nonresident circulators for local measures are not required to register with the State. Therefore, this step is not required when reviewing petitions for local measures. 

For a city or town in more than one county, review each sheet to determine the county of the majority of the signers.   

1. Place a 3 or 4-letter abbreviation designating that county on the face of the petition. 

2. Remove all signatures of those not in the county of the majority on each sheet by placing an adjacent mark or striking through the signature line.⁵⁵ 

3. Cause all signature sheets to be grouped together by county of registration of the majority of those signing. The detached copies of the title and text of the measure must be available to the applicant but may be disposed of after a reasonable period of time.⁵⁶ 

 After completing the above steps, remove the following signatures that are not eligible for verification by placing an adjacent mark or striking through the signature line: 

1. If the signature of the qualified elector is missing. 

2. If the residence address or the description of residence location is missing. 

3. If the date on which the petitioner signed is missing, if the date the petitioner signed is before the date that the serial number was assigned to the political action committee that is filing or if the date on which the petitioner signed is after the date on which the Circulator Affidavit was completed by the circulator and notarized.  

4. Signatures exceeding the 15 signatures permitted per petition sheet. 

5. Signatures withdrawn.⁵⁷ 

6. Signatures for which the clerk determines that the circulator has printed the elector’s first and last names or other information, which is prohibited by law.⁵⁸   

These are the statutory reasons directly authorizing the clerk to remove sheets or signatures.   

While Title 19 contains other requirements for an Initiative Petition or Referendum Petition, these other legal requirements are reviewed by the court. For example, the Arizona Supreme Court recently held that state law does not authorize a clerk to reject a Referendum Petition for the failure to attach the ordinance to the Application for a Serial Number.^{59a 59b} Please consult with your attorney if you have questions about your responsibilities relating to removal of sheets or signatures. 

4. After the removal of petition sheets and signatures, count the number of signatures for verification on the remaining petition sheets and note that number on the face of each petition sheet. 

5. Number the remaining petition sheets that were not previously removed and that contain signatures eligible for verification in consecutive order on the front side of each petition sheet. 

6. Count all remaining petition sheets and signatures not previously removed and notify the applicant of this total number eligible for verification. 

5. Random Sample. If the total number of signatures for verification after completing the steps above equals or exceeds the minimum required, the clerk, during the same 20-day period, must select, at random, 5% of the total signatures for verification by the county recorder. The random sample of signatures to be verified must be drawn in such a manner that every signature eligible for verification has an equal chance of being included in the sample. The Secretary of State’s office has a program which can be used to generate the random sample.  The random sample produced must identify each signature selected by petition page and line number. The signatures selected must be marked in a clear manner. 

If a signature line selected for the random sample is found to be blank or was removed from the verification process, then the next line down, even if that requires going to the next petition sheet in sequence, on which an eligible signature appears must be selected as a substitute if that line has not already been selected for the random sample. If the next eligible line is already being used in the random sample, the clerk must proceed back up the page from the signature line originally selected for the random sample to the next previous signature line eligible for verification. If that line is already being used in the random sample, the clerk must continue moving down the page or to the next page from the line originally selected for the random sample and must select the next eligible signature as its substitute for the random sample. The clerk must use this process of alternately moving forward and backward until a signature eligible for verification and not already included in the random sample can be selected and substituted. 

6. Transmittal to County. After the selection of the random sample and the marking of the signatures selected on the original petition sheets, the clerk must transmit a copy of the front of each signature sheet on which a signature included in the random sample appears. The clerk must clearly identify those signatures marked for verification and must transmit the copy by personal delivery, certified mail or electronic mail or other electronic transfer method to the county recorder. 

7. County Recorder Certification. Within 15 days, excluding Saturdays, Sundays and legal holidays, after receiving the facsimile signature sheets, the county recorder must determine which signatures of individuals whose names were transmitted must be disqualified for any of the following reasons: 

1. No residence address or description of residence location is provided. 

2. No date of signing is provided. 

3. The signature is illegible, and the signer is otherwise unidentifiable. 

4. The address provided is illegible or nonexistent. 

5. The individual was not a qualified elector on the date of signing the petition. 

6. The individual was a registered voter but was not at least 18 years of age on the date of signing the petition or affidavit. 

7. The signature was disqualified after comparison with the signature on the affidavit of registration. 

8. If a petitioner signed more than once, all but one otherwise valid signature must be disqualified. 

9. If a petition signer’s signature is determined to be invalid after a comparison is made between the signature and handwriting on the petition and the petition signer’s voter registration file.  

10. If the person circulating the petition was a justice of the peace or a county recorder at the time the person circulated the petition.  

11. For the same reasons any signatures or entire petition sheets could have been removed by the clerk.⁶⁰ 

Within the same time period, the county recorder must certify to the clerk the following: The name of any individual whose signature was included in the random sample and disqualified by the county recorder together with the petition page and line number of the disqualified signature and the total number of signatures selected for the random sample and transmitted to the county recorder for verification and the total number of random sample signatures disqualified. 

At the time of this certification, the county recorder will return the documents to the clerk. The form for the certification will be prescribed by the Secretary of State.⁶¹ The clerk will retain an electronic copy of all signature sheets.  After the time period for legal challenges has elapsed, the original sheets must be made available to the applicant but may be disposed of after a reasonable period of time.⁶²   

If an elector wishes to challenge the number of signatures certified by the county recorder, the elector must commence an action in superior court within 5 calendar days of when the county recorder notifies the clerk of the number of certified signatures received. The superior court decision may be appealed to the Arizona Supreme Court. 

8. Signature Tally. Within 72 hours, again excluding Saturday, Sunday, or legal holidays, after receiving the certification and signature sheets from the county recorder, the clerk will determine the total number of valid signatures by subtracting from the total eligible signatures in the following order:^{63a 63b} 

1. All signatures removed.^{64a 64b 64c} 

2. All signatures that were found ineligible by the county recorder and that were not subtracted above. 

3. After determining the percentage of all signatures found to be invalid in the random sample, subtract a like percentage from those signatures remaining after the above subtractions. 

9. Placement on Ballot. If the number of signatures on the remaining petitions, after the subtraction process, equals or exceeds 100% of the minimum number of signatures, then the clerk must issue a receipt to the organization or person submitting the petition. The rest of the signatures need not be verified. This receipt should be in the form outlined in statute.⁶⁵ The city or town clerk then notifies the mayor that there are adequate signatures to place the initiated or referred measure on the ballot.^{66a 66b}

10. Failure to Qualify. If the number of valid signatures, as projected from the random sample, is less than the minimum required, or if the actual number of signatures on the remaining sheets after any subtraction from the random sample is completed or after certification fails to equal or exceed the minimum number required, then the clerk returns the original signature sheets to the persons or organization that submitted them after the conclusion of any litigation regarding the measure or until the time for any such litigation has expired. In addition, a certified statement should be presented to the person or organization with the information provided in statute.⁶⁷ Also, a facsimile of the certification of the county recorder must accompany the signature sheets returned to the person or organization that submitted them. 

11. Payment to County. The city or town must pay the county recorder for counting the signatures at a maximum rate of 50 cents per signature.⁶⁸ 

12. Withdrawal of Signature. Any person who has signed a petition may withdraw his or her signature not later than 5:00 p.m. on the date the Petitions were submitted to the clerk. Any person may withdraw their signature by signing an Affidavit of Signature Withdrawal from Petition and submitting it to the clerk. Also, a person may withdraw their signature by mailing a signed, notarized statement of intent to withdraw to the clerk. Withdrawn signatures and crossed-out signatures may not be counted in determining the legal sufficiency of the petition.⁶⁹ 

Actions Upon Filing Initiative Petition 

If the clerk refuses to accept and file an Initiative Petition, the clerk must provide the person submitting the petition with a written statement of the reason for refusal.⁷⁰ Legal action may commence as explained in more detail below.  

If the clerk accepts the Initiative Petition filing and determines that the Initiative Petition qualifies for placement on the ballot, one of the following actions may occur: 

1. The governing body may enact the Initiative Petition as an ordinance and refer the ordinance to a referendum vote. 

2. The governing body may enact the Initiative Petition without referring it to a referendum vote. In that case, the ordinance is subject to a Referendum Petition. 

3. The governing body may decline to enact the Initiative Petition. In that event, the governing body may call a special election, if special elections for voting on initiatives have been previously provided for by ordinance.⁷¹ If a special election is not allowed or is not called, the clerk is required to place the initiative measure on the ballot at the next city/town election. The deadline for submission of Petition is 4 months prior to election.^{72a 72b} 

Actions Upon Filing Referendum Petition 

If the requisite number of signatures are obtained on a Referendum Petition within the 30-day window specified in A.R.S. § 19-142, it may be filed with the clerk for verification.^{73a 73b} If the clerk refuses to accept or file a Referendum Petition, the clerk must provide the person submitting the Referendum Petition with a written statement of the reason for refusal.⁷⁴   

A referendum election can be held as a special election if previously authorized by ordinance – or the question can be placed on the ballot of the next primary or general election.⁷⁵   

PETITION SIGNATURE FRAUD 

There are special penalties for signature fraud that apply to initiative, referendum, and recall petitions.⁷⁶ A person commits petition signature fraud if the person does either of the following with the intent to defraud: 

1. Intentionally collects for filing petition signature sheets with the knowledge that the person whose name appears on the signature sheet did not actually sign the petition. 

2. Uses any fraudulent means, method, trick, device, or artifice to obtain signatures on a petition. 

The penalty for violation is a Class 1 misdemeanor, except that a person who engages or participates in a “pattern of petition signature fraud” is guilty of a Class 4 felony and is prohibited from participating for 5 years in any election, initiative, referendum or recall campaign. “Pattern of petition signature fraud” means that the person employs or subcontracts with persons to obtain signatures and at least 5 of the employees or subcontractor’s employees have been convicted of a violation of this law for one or more elections or recall campaigns in an election cycle. The Secretary of State must maintain a list of persons who have been convicted of participating in a pattern of petition signature fraud and who are barred from participating in any election, initiative, referendum or recall campaign for 5 years from the date of conviction and include the list on the Secretary of State’s website. 

A person paid by a political action committee to employ or subcontract with persons who fraudulently obtain petition signatures or who obtain petition signatures through other unlawful means can exonerate themselves from a violation if they report the alleged unlawful or fraudulent signature collection to the filing officer and refuse to file the suspected unlawful or fraudulent signatures. 

CAMPAIGN EXPENSES RELATED TO INITIATIVES AND REFERENDA 

As stated above, any committee that files an application for an Initiative Petition or Referendum Petition must file a Statement of Organization at the same time as the person or organization files its application.⁷⁷ Title 16 does not require registration until certain criteria are met; however, Title 19 specifies that signatures are void and shall not be counted if the Statement of Organization is not filed before signatures are obtained on the petitions.^{78a 78b}   

The filing deadlines specified in this Manual also apply to special elections, so when a special election is called, a pre- and post-election report will be due during the specified timeframe around the election.   

An entity that makes independent expenditures or ballot measure expenditures exceeding $1,000 during a reporting period must file an expenditure report (using the Campaign Finance Report form) with the clerk for the applicable reporting period, even if the entity was not required to file a Statement of Organization. Expenditure reports must identify the candidate or ballot measure supported or opposed, office sought by the candidate, if any, election date, mode of advertising and first date of publication, display, delivery, or broadcast of the advertisement.⁷⁹  

Contribution limits do not apply to initiative or referendum or other non-candidate elections.⁸⁰ 

Penalties apply to a failure to file a required Campaign Finance Report.⁸¹ The procedures outlined for candidates in Chapter 3 of this Manual apply to committees formed to support or oppose referenda or initiatives and other ballot measures.^{82a 82b}  

PUBLICITY PAMPHLET 

Pamphlets must be distributed to every household containing a registered voter in the city or town by mail before the earliest date for receipt by registered voters of any requested early ballot for the election at which the measures are to be voted on. If the pamphlet is not mailed before the earliest date for receipt of a requested early ballot, the officer in charge of elections must provide a notice with the early ballots stating when the pamphlets will be mailed and where and when the pamphlets may be accessed or viewed.⁸³ 

Any contract for pamphlet publication or mailing must require the contractor to pay a penalty for each day of mailing that occurs on or after the earliest date for receipt of requested early ballots. The penalty must be one cent for each household with a registered voter for each day of late mailing and the monies must be paid to the clerk.   

Pamphlets are to be mailed or carried not less than 10 days before the election at which an initiative or referendum measure is to be decided.⁸⁴ The clerk is required to post the publicity pamphlet on the city or town website as soon as is practicable after the pamphlet is printed.⁸⁵ These pamphlets should contain the wording of the initiative or referendum and arguments submitted for and against the measures. 

For both initiated and referred measures, arguments favoring or opposing the measure must be filed with the clerk not less than 90 days before the election.⁸⁶ The clerk must prominently post on its website the dates on which the ballot measure filings are due and the date of the election. Arguments filed for inclusion in the publicity pamphlet must include a sworn statement from the person sponsoring the argument; for organizations submitting arguments the sworn statement must be from 2 executive officers and for political action committees submitting arguments the sworn statement of the committee’s chairman or treasurer must be included.⁸⁷ The names of persons and entities submitting written arguments must be included in the publicity pamphlet. Persons signing the argument must identify themselves by giving their residence address and telephone number, which may not appear in the publicity pamphlet, except that the person’s city or town and state of residence must appear in the pamphlet. Any argument that is submitted that does not comply with this requirement may not be included in the pamphlet. 

The statute does not specify the language of the sworn statement. The League suggests the following (subject to your attorney’s approval): 

I declare under penalty of perjury that the foregoing information is true and correct and I am the sponsor of this argument advocating or opposing this measure, question or proposition. 

Each argument must be submitted to the clerk in an electronic format. Arguments are limited to 300 words in length. The clerk must provide for the electronic submittal of deposit payments. 

INITIATIVE AND REFERENDUM BALLOTS 

There are very specific requirements in state law for the form of the ballot when initiative or referendum questions are included on the ballot. The clerk must prepare and have printed on the ballot immediately below the number and official title of each measure a descriptive title containing a summary of the principal provisions of the measure, not to exceed 50 words. A.R.S. 19-125(D). The official title of an initiative is the title on the initiative as circulated. The number of each measure must be printed in at least 12-point reverse type and must be printed this way each time it appears on the ballot. A.R.S. 19-125(C). If a city or town measure will appear on a state ballot, it will be numbered beginning with the number 400. A.R.S. 19-125(B). No specific numbering system is required if the measure is to appear on a stand-alone city/town ballot.   

Immediately following the descriptive title and summary of each measure, the following must be printed: 

A “Yes” vote shall have the effect of: 

A “No” vote shall have the effect of: 

A.R.S. 19-125(D). The blank spaces must be filled with a brief phrase stating the essential change being proposed to existing law. A.R.S. 19-125(D). Opposite these phrases, the number of the measure must be printed in at least 12-point reverse type. Below the number of each measure and opposite each phrase, space must be provided for printing the corresponding words “yes” and “no” in a space in which the elector may make the elector’s own mark. In the case of a referendum, a “yes” vote must have the effect of approving the ordinance or resolution being referred. A.R.S. 19-125(D).

As an alternative to printing the official and descriptive titles or the full text of each measure on the ballot, an election officer may print all of the following: 

• the number of the measure in reverse type and at least 12-point type;
• the designation of the measure, (for example, “referendum ordered by petition of the people”) followed by the words “relating to…” and inserting the subject; and
• the statutorily prescribed method to describe the effect of a “yes” vote and a “no” vote.⁹⁰ 

A.R.S. 19-125(F). When using this alternative, the ballot must direct voters to the full text of the official and descriptive titles on the sample ballot at the polling place. A.R.S. 19-125(G).

COURT CHALLENGES TO INITIATIVE OR REFERENDUM MEASURES 

State law allows any person to contest the validity of a referendum and requires multiple actions to be consolidated in the appropriate venue.⁹¹ If the clerk refuses to accept and file a Referendum Petition or refuses to transmit signature sheets to the county for certification,^{92a 92b} the clerk must provide the proponent with a written statement of the reason for the refusal. Within 5 calendar days after the clerk’s refusal, an action may be brought against the clerk to compel action.^{93a 93b} The measure will not become effective until an election has been held on the Referendum Petition and the votes have been canvassed.⁹⁴   

State law also allows any person to contest the validity of an initiative.⁹⁵ If the clerk refuses to accept and file an Initiative Petition or refuses to transmit signature sheets to the county for certification,^{96a 96b} the clerk must provide the proponent with a written statement of the reason for the refusal.  Within 5 calendar days after the clerk’s refusal, an action may be brought against the clerk to compel action.^{97a 97b} Courts do not address matters of substantive interpretation of an initiative prior to an election, only procedural defects. Challenges to any initiative based on its substance must wait until enactment.^{98a 98b}   

If a local ordinance or charter provision is passed by initiative or through the referendum process and its constitutionality, legality or application is challenged in court, the official initiative proponent whether an individual, a group of individuals or an organization, or the mayor or councilmember who was the prime sponsor of the ordinance subject to referendum, has the right to intervene as a party to defend the law and is deemed to have proper standing in the matter. The only objection that may be raised to a motion to intervene is that the proposed intervenor does not have a good faith intention to defend the law. Any party or proposed intervenor may raise this objection. A party who intervenes to defend a law pursuant to this section is not liable for attorney fees or costs of any party who is challenging the constitutionality, legality or application of the law.  

RECALL ELECTIONS 

Recall elections are governed by the Arizona Constitution and Arizona Revised Statutes. The recall process is subject to strict compliance with constitutional and statutory requirements.¹⁰¹  

Every public officer holding an elected office for at least 6 months, either by election or appointment, may be removed from office before the end of the officer’s term by means of a recall procedure.⁹⁹ The 6 months in which a candidate may not be recalled are the first 6 months of the first term of office. In other words, if a candidate is re-elected to the same office, the candidate could be recalled at any time within the second term.^{100a 100b 100c}

Questions often arise regarding the campaign finance requirement for those circulating a recall petition. In 2016, the Legislature repealed a provision in state law that voided recall signatures if a Statement of Organization was not filed prior to collecting signatures.¹⁰² Since this provision is no longer in statute, recalls are subject to the Title 16 requirements (primary purpose and $1,300 threshold) to determine if a Statement of Organization must be filed. The clerk should provide the applicant with the campaign finance forms and reporting dates. 

It is recommended that the clerk have a pre-prepared packet for distribution for an individual or group seeking to circulate a recall petition.¹⁰³  

Materials for the Recall Packet

• Application Serial Number for a Recall*
• Statement of Interest (English/Spanish)
• Recall Petition*
• Nomination Petition*
• Recall Petition Initial Receipt 
• Statement of Organization*
• 2025-2026 Campaign Finance Report*
• 2025-2026 Campaign Finance Guide (Candidates)*
• 2025-2026 Campaign Finance Guide (PAC)*
• Termination Statement*
• Voter Signature Withdrawal for Recall*

The method of securing a recall is as follows:^{104a 104b} 

Submitting an Application for a Recall¹⁰⁵ 

Any person who desires to be a candidate for a city or town office at the recall election must file a Statement of Interest with the filing officer for that office. A.R.S. 19-212(G); 19-311. Any nomination petition signatures that are collected before the date the Statement of Interest is filed and before the date the Recall Application prescribed by A.R.S. 19-202.01 is filed are invalid and subject to challenge. A.R.S. 19-212(G).

The person or organization intending to file a recall petition must, prior to circulating the petitions, submit a Recall Application¹⁰⁶ to the clerk with the following information: 

1. Name and address of individual or, if organization, name of the organization and names and titles of its officers. 

2. The person’s or organization’s intent to circulate and submit a recall petition. 

3. Text of the general statement of not more than 200 words stating the grounds of the demand for the recall.^{107a 107b} 

4. A separate electronic copy of the general statement in the format prescribed by the clerk at the same time as submission of the application and petition. 

5. Request for issuance of an official number to appear on all petitions. 

6. The person or organization must submit the application and petition as a single document to the clerk.¹⁰⁸    

Receiving and Processing the Recall Application 

On receipt of the Recall Application, the clerk must:¹⁰⁹ 

1. Assign a number to the petition that must appear in the lower right-hand corner on each side of each signature sheet;  
2. Issue that number to the applicant;  
3. Provide the number of signatures required: 25% of the votes cast at the last preceding election at which the public officer who is the subject of the recall was declared elected (see Signature Calculation below); and  

Recall Petition Signature Calculation 

The Recall Petition must be signed by qualified electors. When the recall is for a member of the council who is elected at large at a nonpartisan election, the number of signatures needed for the Recall Petition is 25% of the number of votes cast at the last preceding election at which the public officer who is the subject of the recall was declared elected.^{110a 110b} The calculation is made by adding together the votes for each of the candidates cast at the last preceding election for the same office as the public officer who is the subject of the recall. The result is then divided by the number of seats to be filled at that election.^111a 111b   

Below are examples on how this calculation is made for an at large council candidate election, but the same formula applies to an at-large mayoral candidate election: Add the votes cast for each of the candidates at the same election and the same office as the public officer who is the subject of the recall. The result is then divided by the number of seats to be filled at that election. The remainder is then multiplied by 25%, which will provide you with the minimum number of signatures that must be collected for the recall petition. 

EXAMPLE 1   

Primary election (3 Council seats to be filled)

• Candidate W receives 100 votes
• Candidate X receives 250 votes 
• Candidate Y receives 350 votes 
• Candidate Z receives 200 votes

(Candidate Y is declared elected at the Primary General)

Calculation:

900 (total votes for Candidates W, X, Y, and Z) 

÷ 3 (Council seats to be filled) 

= 300 

x 0.25  

= 75 (minimum number of signatures required for the recall petition to recall Candidate Y) 

EXAMPLE 2

General Election (2 Council seats to be filled)

• Candidate X receives 300 votes
• Candidate Y receives 150 votes
• Candidate Z receives 350 votes

(Candidates X and Z are declared elected at the General Election)

Calculation:

800 votes (total votes for Candidates X, Y, and Z) 

÷ 2 (Council seats to be filled) 

= 400

X 0.25

= 100 signatures (minimum number of signatures required for the recall petition to recall Candidate X or Candidate Z).

It is important to consult with your attorney if you have questions about which election to use as the basis of calculation. 

Recall Elections for District Elections 

When the person being recalled is the mayor or a councilmember elected by district, simply calculate 25% of the votes cast for that office at the last preceding election at which the public officer who is the subject of the recall was declared elected.  

Recall Petition Signature Gathering 

Every qualified elector signing a Recall Petition for a recall election must sign in the presence of the person who is circulating the petition and who is to execute the circulator affidavit on the reverse side of the signature sheet.¹¹² 

All paid circulators¹¹³ and nonresident circulators must register with the Secretary of State.¹¹⁴ Any signature without a checked box that indicates whether circulator is paid or a volunteer is void and cannot be counted.¹¹⁵ State law bars the circulation of recall petitions by a county recorder or justice of the peace. Any petitions circulated by such a person are void.¹¹⁶  

Individuals who signed a Recall Petition may withdraw their signatures not later than 5:00 p.m. on the date the Recall Petitions are submitted to the clerk. Individuals may withdraw their signatures by signing an Affidavit of Signature Withdrawal from Recall Petition and filing it with the clerk. Also, individuals may withdraw their signatures by mailing a signed, notarized statement of intent to withdraw to the clerk.  

Withdrawn signatures and crossed-out signatures may not be counted in determining the legal sufficiency of the petition.¹¹⁷  

Post-Signature Gathering – Review of Recall Petitions by Clerk 

The signed Recall Petitions must be filed with the clerk no later than 120 days after the date of the Recall Application. If the clerk refuses to accept and file a Recall Petition that has been presented within the time prescribed, the clerk must provide a written statement of the reason for the refusal to the person or organization who submitted the Recall Petition, signature sheet or affidavit.¹¹⁸ Within 5 days of the refusal, any citizen may apply to the superior court for a writ of mandamus to compel the clerk to act; the superior court decision may be appealed to the Arizona Supreme Court within 5 calendar days after judgment. If the Court finds the Recall Petition is legally sufficient, the clerk must file it with a certified copy of the judgment attached as of the date on which it was originally offered for filing in the clerk’s office. 

1. No later than 10 days after receipt of the signed Recall Petitions, the clerk must remove the following 

1. Those sheets that are not stapled to a copy of the time-and-date marked copy of the application; 

2. The copy of the application from the remaining Recall Petition sheets; 

3. Those sheets that do not bear the correct serial number and, if applicable, the paid circulator registration number in the lower right-hand corner of each side; 

4. Those sheets containing a Circulator’s Affidavit¹¹⁹ that is not completed or signed or that has been modified; 

5. Those sheets on which the circulator’s affidavit is not notarized, the notary’s signature is missing, the notary’s commission has expired, or the notary’s seal is not affixed; 

6. Those sheets on which the signatures of the circulator or the notary are dated earlier than the dates on which the electors signed the face of the petition sheet; 

7. Those sheets that are circulated by a circulator who is prohibited from participating in any election, initiative, referendum or recall campaign pursuant to A.R.S. § 19-206.01; and 

8. Those sheets on which the circulator is required to be registered with the Secretary of State pursuant to A.R.S. § 19-205.01 and the circulator is not properly registered at the time the petitions were circulated. 

2. After completing the steps above, clerks must review each sheet to determine the county of the majority of the signers and must: 

1. Place a 3 or 4 letter abbreviation designating that county on the face of the Recall Petition; 

2. Remove all signatures of those not in the county of the majority on each sheet by placing an adjacent mark or striking through the signature line; and 

3. Cause all signature sheets to be grouped together by county of registration of the majority of signers.¹²⁰ 

3. After completing the steps above, the clerk must remove the following signatures that are not eligible for verification by placing an adjacent mark or striking through the signature line: 

1. If the signature of the qualified elector is missing; 

2. If the residence address or the description of residence location is missing; 

3. If the date on which the petitioner signed is missing, if the date on which the petitioner signed the petition is before the date that the serial number was assigned to the person or organization that is filing the Recall Petition or if the date on which the petitioner signed the petition is after the date on which the affidavit was completed by the circulator and notarized; 

4. Signatures in excess of the 10 signatures allowed per Recall Petition; 

5. Signatures withdrawn pursuant to A.R.S. § 19-205.04; 

6. Signatures for which the clerk determines that the petition circulator has printed the elector’s first and last names or other information in violation of A.R.S. § 19-205. 

4. After the removal of Recall Petition sheets and signatures, the clerk must count the number of signatures for verification on the remaining Recall Petition sheets and note that number on the face of each Recall Petition sheet. 

5. The clerk must number the remaining Recall Petition sheets that were not previously removed and that contain signatures eligible for verification in consecutive order on the front side of each Recall Petition sheet. 

6. The clerk must count all remaining Recall Petition sheets and signatures not previously removed and notify the applicant of this total number eligible for verification. 

Recall Petition Verification Process by Clerk¹²¹ 

If the total number of signatures eligible for verification equals or exceeds the minimum number required,¹²² the clerk must do the following:  

1. Make a copy of the front and back of each Recall Petition signature sheet on which any signature eligible for verification appears.  

2. Certify the number of Recall Petition sheets and signatures that are being transmitted to each county recorder and retain a copy of the certification. 

3. Obtain a dated, signed receipt from the county recorder for copies of the original Recall Petition signature sheets transmitted by the clerk.¹²³ 

If the number of signatures on the Recall Petition sheets submitted to the clerk does not equal the minimum number of signatures required by the constitution, the clerk must notify the person or organization that submitted the petitions and return the sheets to the person or organization.  The returned Recall Petition signatures sheets may not be reused or resubmitted later. 

If the clerk refuses to transmit the Recall Petition signature sheets or affidavits to the county recorder, the clerk must provide the person or organization who submitted the Recall Petition, signature sheet or affidavit with a written statement of the reason for the refusal.¹²⁴ Within 5 days of the refusal, any citizen may apply to the superior court for a writ of mandamus to compel the clerk to act; the superior court decision may be appealed to the Arizona Supreme Court within 5 calendar days after judgment. If the court finds the petition is legally sufficient, the clerk must file it with a certified copy of the judgment attached as of the date on which it was originally offered for filing in the clerk’s office. 

Recall Petition Certification by the County Recorder¹²⁵ 

The county recorder has 60 days after receipt of the front and back of the Recall Petition signature sheets to determine the number of the signatures or affidavits of individuals whose names were transmitted that must be disqualified. 

The county recorder must certify¹²⁶ the number of valid signatures and return the facsimile copies of the Recall Petition signature sheets to the clerk and obtain a dated, signed receipt for the copies from the clerk. The county recorder must mail or email the certification results to the person or organization that submitted the Recall Petition and to the clerk.¹²⁷ 

Disposition of Recall Petitions by Clerk¹²⁸ 

After the clerk receives copies of the certified number of signatures from the county, the clerk has 5 days (excluding Saturday, Sunday and legal holidays) to determine the total number of certified signatures to qualify for the recall.   

If there are sufficient signatures (the number equals or exceeds the minimum number required by the Arizona Constitution), the clerk must immediately officially file¹²⁹ the Recall Petition and notify the mayor and each county recorder that a recall will be placed on the ballot as provided by law. 

If there are not sufficient signatures, the clerk must provide notice of the insufficiency of signatures to the person or organization who submitted the petitions, and the clerk must return the Recall Petition sheets to the person or organization. The returned Recall Petition signature sheets may not be reused or resubmitted at any later date.  

If an elector wishes to challenge the number of signatures certified by the county recorder, the elector must commence an action in superior court within ten calendar days of when the clerk notifies the mayor that a recall has qualified and that an election is called.¹³⁰ The superior court decision may be appealed to the Arizona Supreme Court within ten calendar days after judgment. 

Notifying the Official Subject to Recall of the Sufficiency of Signatures¹³¹ 

Within 48 hours (excluding Saturdays, Sundays and other legal holidays) of the official filing of the Recall Petition, the clerk must give written notice to the person against whom the recall petition is filed.  

The notice must state: 

1. A recall petition has been filed; 

2. The grounds for the petition; and  

3. The person has the right to prepare and have printed on the ballot a statement containing not more than 200 words defending the person’s official conduct.   

If the officer files such a statement, it is printed on the ballot at the time of the recall election.  If the office fails to provide a defensive statement to the clerk, the right to have a statement printed on the ballot must be considered waived.^{132a 132b} 

Order for Special Recall Election^{133a 133b} 

If the officer against whom a petition is filed does not resign within 5 days of filing pursuant to A.R.S. 19-208.03 (excludes Saturdays, Sundays and other legal holidays), the order calling a special recall election shall be issued within 15 days and shall be ordered to be held on the next following consolidated election date pursuant to A.R.S. 16-204 that is 120 days or more after the order calling the election. A.R.S. 16-209(A). If the Recall Petition is against an officer who is directed to call the election, it must be called by the city or town clerk.  

Recall Ballot Requirements^{134a 134b} 

The officer’s name subject to recall automatically appears on the ballot at the recall election if the officer does not resign within the 5-day period or otherwise request in writing that the officer’s name does not appear on the ballot. Other candidates’ names may appear on the ballot if they have been nominated by means of a Nomination Petition containing signatures of qualified electors of at least 2% of the total votes cast for all candidates for that office in the last election for that office.^{135a 135b} To sign the Nomination Petition, a qualified elector must reside in the same electoral district as the person being recalled. Filing deadlines for the Nomination Petition for a recall election differ from the regular election deadlines and must be filed not more than 120 days and not less than 90 days prior to the date of the recall election.¹³⁶ The statements on the Recall Petition and the officer’s statement also appear on the ballot.¹³⁷ There cannot be any party designation on the recall ballot for a nonpartisan office. 

Recall Election Board 

The recall election board is formed in the same manner as a regular election board: 1 inspector, 2 judges and 2 clerks are appointed by the city or town clerk.¹³⁸ The election is conducted in the same manner as prescribed for the general election.^{139a 139b}  

Recall Election Results¹⁴⁰ 

The candidate who receives the largest number of votes is declared elected for the remainder of the unexpired term on the candidate’s qualification for the office and on completion of the canvass.   

If the incumbent receives the largest number of votes, the incumbent continues in office. If the incumbent does not receive the largest number of votes, the incumbent must be removed from office upon qualification of the incumbent’s successor. If the incumbent’s successor does not qualify within 5 days after the results of the election have been declared, the office is vacant and may be filled pursuant to law.  A.R.S. 19-216(A).  

Recall Legal Actions¹⁴¹ 

Any person may contest the validity of a recall.  If multiple actions are filed that contest the validity of the recall, including actions relating to the clerk’s refusal to accept and file petitions or to transmit the petitions to the county recorder, the separate actions must be consolidated in the superior court in the county in which the majority of the population of that city or town resides.  

Any person may seek to enjoin the clerk or other officer from certifying or printing the official ballot for the election that will include the proposed recall and to enjoin the certification or printing of the ballot. 

Following are some points that should be considered when involved in a recall election: 

1. The only offices that are subject to recall are those filled by direct election of the qualified electors. In effect, this means that a mayor may not be directly recalled as mayor unless the mayor is a directly elected mayor. If a mayor who is not directly elected is to be recalled, the mayor must be recalled as a councilmember rather than as mayor.¹⁴² Also, it is important to remember that a recall petition cannot be circulated against any officer in the first 6 months of the first term of office.¹⁴³ 

2. If more than one member of the council is to be recalled, separate recall petitions for each official are required. In other words, if 3 members of the council are facing recall, 3 separate petitions must be filed.¹⁴⁴ 

3. If recall petitions are filed against the elected official and the official chooses to stay in office and no one else files Nomination Petitions, the election must be held because of the possibility of write-in votes. 

4. The person filing a nomination paper for a recall election must specify which member of the council they will oppose in the recall election if more than one official will be subject to recall in the election.^{145a 145b}  

5. Particularly when there is more than one official to be recalled, your city or town attorney should be consulted as to how many signatures will be needed on the recall petitions. 

6. Campaign finance laws, including reporting, apply to recall elections. For purposes of a recall election, “election cycle” means the period between issuance of a recall petition serial number and the latest of the following: 

1. The date of the recall election that is called.¹⁴⁶ 

2. The date that a resignation is accepted.¹⁴⁷ 

3. The date that the clerk provides notice that the number of signatures is insufficient.¹⁴⁸ 

The expenses of the special recall election are the responsibility of the city or town.¹⁴⁹ The expense of a subsequent election against the same officer during the term in which the first recall election was held must be paid for by the petitioners signing the petition. The funds necessary to pay for the election must be paid to the clerk at the time of application for a subsequent recall petition.^{150a 150b 150c}  

OTHER ELECTIONS

The remaining part of this section outlines general guidelines for other types of elections and is not meant as a comprehensive review of all the associated constitutional or statutory provisions. These types of elections require specialized assistance by your bond counsel, finance officers, and your attorney. Please contact these individuals for more information. 

UTILITY ELECTIONS 

Before a city or town constructs, purchases, acquires, or leases a public utility plant or property (or portion of the plant of property), the construction, purchase, acquisition, or lease must be authorized by the affirmative vote of a majority of qualified electors who are taxpayers of the city or town. The election may be held at the general or a special election that is called to vote on the question for that project.^{151a 151b} 

Alternative election requirements may apply to areas that are becoming incorporated,^{152a 152b} and separate election requirements are outlined for the construction or acquisition of a wastewater treatment facility that is paid with financial assistance from the Water Infrastructure Finance Authority.¹⁵³ 

BOND ELECTIONS 

In Arizona, cities and towns may issue 4 principal types of bonds: general obligation bonds, revenue bonds, street and highway improvement bonds and special improvement district bonds. Note: The issuance of bonds is a complicated financial and legal undertaking. The procedures outlined in this section are for general information only. Qualified bond counsel should be consulted before proceeding with any bond election. 

General Obligation Bonds 

There are 2 categories of general obligation bonds based on the allowable bonded indebtedness for certain purposes established by the State Constitution. 

General Purpose 

The Arizona Constitution provides that the bonded indebtedness of any city or town for general municipal purposes may not exceed 6% of the assessed valuation of the taxable property in that city or town.¹⁵⁴ Such bonds are ordinarily retired from property tax and general fund monies. These bonds are referred to as “general obligation” or “full faith and credit” bonds because they are guaranteed by the full taxing power of the municipal governments. In other words, the real property of the city or town is pledged as collateral to retire the bonds. 

Public Utility and Open Space 

In addition to the 6% limitation for general purpose bonds, cities and towns may issue bonds up to an additional 20% of the assessed valuation for supplying such city or town with water, artificial light or sewers, when the works for supplying such water, light or sewers are or will be owned and controlled by the city or town, and for the acquisition and development by the city or town of land or interests therein for open space, parks, playgrounds and recreational facilities. This means that the total general obligation indebtedness may go as high as 26%.¹⁵⁵ 

All general obligation bonds issued for general purposes, utilities, parks or open space must be approved by a majority of the qualified electors voting thereon at an election held for that purpose. 

Method for Calling a Bond Election 

An election authorizing bonded indebtedness may be called by the city or town council by passing a resolution. However, a petition presented to the city or town council containing the signatures of 15% of the qualified electors requesting a general obligation bond election automatically requires the council to call such an election.¹⁵⁶ The call for election must state the following items:¹⁵⁷ 

1. The aggregate amount of all bonds. 

2. The maximum rate of interest payable on the bonds. 

3. The minimum and maximum number of years such bonds or any series of bonds are to run from the date of issuance of such bonds or series. 

4. The purposes for which the money derived from the sale of bonds will be expended. 

5. The current outstanding general obligation debt and the constitutional debt limitation of the city or town. 

The council must order the election to be held at the regular voting places, and the order must state the object of the election. The bond election may only be held on the November consolidated election date.¹⁵⁸ 

Governing Body Duties with Respect to General Obligation Bond elections 

The city or town council must ensure that the following actions are accomplished with respect to a general obligation bond election:^{159a 159b} 

A. Set a deadline to submit arguments for and against the authorization of one or more of the bond propositions at a public meeting and publish the deadline in a newspaper of general circulation in the city or town. The arguments are then published in the informational pamphlet outlined below. 

B. Mail a copy of an informational pamphlet to every household within the city or town that contains a registered voter not less than 35 days before the bond election. The pamphlet must contain any submitted arguments for or against the authorization of one or more of the bond propositions as well as information on the: 

1. Amount of the bond authorization. 

2. Maximum interest rate of the bonds. 

3. Estimated debt retirement schedule for the current amount of bonds outstanding, showing both principal and interest payments, the current net assessed valuation as reported by the department of revenue and the current adopted and estimated tax rates. The “net assessed valuation” may include the values used to determine voluntary contributions collected.^{160a 160b} 

4. Estimated debt retirement schedules for the proposed bond authorization, showing both the estimated principal and interest payments and the estimated average annual tax rate for the proposed bond authorization. There are limits on the projected annual increase in net assessed valuation for this estimate and the one for the debt retirement schedule.¹⁶¹  

5. Source of repayment. 

6. Estimated issuance costs.  

7. Estimated tax impact of debt service for the bonds on an owner-occupied residence classified as class 3,¹⁶² on commercial property classified as class one,¹⁶³ and on agricultural or other vacant property classified as class 2,¹⁶⁴ assuming the net assessed valuation of the property increases annually at the lesser of 5% or 50% of the projected total annual increase in net assessed valuation as specified in #4 above remains constant over the term of the bonds using the same average annual tax rate used in #4 above. It must state the following: 
   • The tax impact over the term of the bonds on an owner-occupied residence valued by the county assessor at $250,000 is estimated to be $___ per year for __ years, or $___ total cost. 
   • The tax impact over the term of the bonds on commercial property valued by the county assessor at $1,000,000 is estimated to be $____ per year for __ years, or $______ total cost. 
   • The tax impact over the term of the bonds on agricultural or other vacant property valued by the county assessor at $100,000 is estimated to be $____ per year for ___ years, or $______ total cost. 

8. In boldface type, estimated total cost of the proposed bond authorization, including principal and interest. 

9. Current outstanding general obligation debt and constitutional debt limitation. 

10. Projects and expenditures for which the bonds are to be issued. The purpose statement can only present facts in a neutral manner. Advocacy for the expenditures is strictly limited to the arguments submitted in the pamphlet. 

11. Purpose for which the bonds are to be issued and, if applicable, in boldface type, that the amount of the proposed bond authorization combined with the current outstanding debt exceeds the political subdivision’s constitutional debt limit. 

12. Polling location for the addressee. 

13. Hours during the day when the polls will be open. 

14. Pro and con arguments as submitted. Each argument filed must contain a sworn statement by the person or organization and the names and city or town and state of residence of the persons and entities must be included in the informational pamphlet (the residence address and telephone number of the person or organization cannot appear in the pamphlet). Any argument that is submitted that does not comply with the sworn statement requirement may not be included in the pamphlet.  
15. The election conforms to the general election laws. 
16. The returns are made to the council within 12 days after the election. 
17. The council meets within 20 days after Election Day and canvasses and certifies the vote. 
18. A certificate is filed with the county recorder, giving the purpose of the election, the total number of votes cast and the total number of votes for and against creating the indebtedness, and stating that the indebtedness has been ordered by the council. 
19. Bond counsel fees, financial advisory fees, printing costs and paying agent and registrar fees must be paid from either the bonded amount authorized by the voters or current operating funds. Bond election expenses must be paid from current operating funds.
20. For any proposed general obligation bond authorization for which the principal and interest will be paid by a levy of property taxes, the ballot must contain the phrase “the issuance of these bonds will result in a property tax increase sufficient to pay the annual debt service on bonds”.  Any written information provided by the political subdivision pertaining to the bond election must include financial information showing the estimated average tax rate for the proposed bond authorization. If the bonds are to be repaid with secondary property taxes, the ballot must contain the words “bond approval, yes” and “bond approval, no”, and the voter must signify the voter’s desired choice. The ballot must also contain the following statements: 
    • A “YES” vote shall authorize the ____ governing body to issue and sell $____ of ____ bonds of the city/town to be repaid with secondary property taxes.
    • A “NO” vote shall not authorize the ____ governing body to issue and sell such bonds of the city/town.  
21. If the city or town intends to use revenues other than property taxes to pay the debt on proposed general obligation bonds, the ballot must contain the phrase “the issuance of these bonds will result in an annual levy of property taxes sufficient to pay the debt on the bonds, unless the governing body provides for payment from other sources”.
22. Any written information provided by the political subdivision pertaining to the bond election is required to include financial information showing the estimated average tax rate for the proposed bond authorization. 

These same procedures apply when issuing any bonds where property tax is pledged even if as a secondary revenue source. 

Failure of any one or more electors to receive the informational pamphlet will not be grounds to invalidate the election. Variations between the estimates required to be in the pamphlet and the actual debt retirement schedule, issuance costs and tax rates will not invalidate the election or the bonds. 

Election for Change of Purpose of Bond¹⁶⁵ 

Until January 1, 2025, a city or town may call an election to change the purposes for which the monies from the sale of bonds authorized at a prior bond election may be spent if the bonds have not been issued.  

The city or town must order the election to be held and the election notice and procedures to be conducted pursuant to Title 35, Ch. 3, Article 3. An election called to change the purpose of the bond may be held only on the November consolidated election date. 

At least 35 days prior to the election, the city or town must mail a copy of an informational pamphlet to each household within the jurisdiction that contains a registered voter. The pamphlet must contain at least the following information:  

• The date of the election. 
• The polling location for the addressee. 
• The hours during the day when the polls will be open. 
• The purposes for which the bonds were issued, as described in the informational pamphlet pursuant to A.R.S. § 35-454.¹⁶⁶ 

• The proposed new purposes for which the monies derived from the sale of the bonds will be spent.  
• The proposed new projects and expenditures for which the monies derived from the sale of bonds will be spent.  
• Arguments for and against changing the purposes for which the monies will be spent. 
• The ballot must contain the words “change capital improvements, yes” and “change capital improvements, no” and the voter shall signify the voter’s desired choice.  

Revenue Bonds (Public Utility Purposes) 

In addition to general obligation bonds for public utility purposes, cities and towns may issue revenue bonds for “utility undertakings”. Municipal utility undertakings have been defined to include electric light or power; water; storm water; sewer; gas; common carriers of passengers; garbage; or rubbish plant or system, including but not limited to disposal, treatment or reduction plants, buildings, incinerators, dams, or reservoirs. In addition, airport buildings or other airport facilities and off-street parking structures for motor vehicles. For cities and towns with a population of 75,000 or less, swimming pools, parks, playgrounds, municipal golf courses, and ball parks have been classified as utility undertakings for bonding purposes.^{167a 167b}

The bonds for municipal utility undertakings are commonly referred to as revenue bonds because the bonds finance various facilities which produce revenues, such as swimming pools or water and sewer systems. Revenue bonds are usually secured by the revenues of the facility for which they were issued; and if these revenues are not sufficient to cover repayment of the bonds, the related governmental unit is not obligated to provide tax funds for repayment.  

Because these bonds are not tax secured, they represent a somewhat greater risk for the investor than do general obligation bonds; therefore, they often must bear a higher interest rate than general obligation securities. 

Although these bonds are not subject to the 6% and 20% limitations of general obligation bonds, there are certain statutory requirements which revenue bonds must meet. For example, revenue bond issues must be approved by a majority of the qualified electors voting at an election held for that purpose; they must mature within 30 years of the date of issuance; and they may not bear interest in excess of the maximum rate set forth in the resolution calling the election.¹⁶⁸ 

A city or town desiring to issue municipal bonds for the financing of a utility undertaking must adopt, through its governing body, a resolution for an election concerning the issuance of these bonds. The resolution must state the following:¹⁶⁹ 

1. Maximum amount of the bonds. 

2. Purpose for which the bonds are to be issued. 

3. Maximum rate of interest that the bonds will bear. 

4. A brief concise statement, which need not include any detail other than the mere statement of the facts, showing that the bonds will be payable solely from revenues. Additional information is required if the bonds are to be tax secured. 

5. The date on which the election is to be held. The election may only be held on the November consolidated election date.¹⁷⁰ 

6. The places where votes may be cast. 

7. The hours between which the polling places will be open. 

Notice must be given in a local newspaper not less than 15 nor more than 30 days prior to the election, stating the intention of the city or town council to hold the same. Only one notice need be given. If there is no local newspaper, the city or town council’s resolution must be posted in 5 conspicuous places not less than 15 nor more than 30 days prior to the election.¹⁷¹ 

There is no requirement to print, post or distribute sample ballots. The election official must ensure, however, that enough ballots are printed for the election. Enough ballots means at least 10% more than the registered number of voters whose names appear on the precinct register.¹⁷² 

The provisions of the election law generally apply to utility bond elections.¹⁷³ After the election has been conducted, a canvass of the votes is made by the governing body. If the council determines that a majority of the qualified electors voting at the election have approved the issuance of the bonds, they may provide for a bond issue. The determination of the governing body that a majority of the qualified electors voting at the election did, in fact, vote for the bond is conclusive after the date of delivery and the payment for the bonds.¹⁷⁴ 

Street and Highway Improvement Bonds 

Another type of bond that a municipality may issue is the street and highway improvement bond for the purpose of improving, constructing and reconstructing streets and highways. Acquisition of rights of way and street maintenance is also provided for in this section.¹⁷⁵ The bonds are retired from the city’s share of the Highway User Revenue Fund (“HURF”). 

These bonds also must be approved by a majority of the qualified electors voting at an election held for that purpose; they must mature within 30 years of the date of issue; they must bear interest at the rate set by the accepted bid, which cannot exceed the maximum rate set forth in the resolution calling the election; and they may not be sold at less than par.^{176a 176b}  Municipalities may secure this type of bond by pledging their full taxing power if they so desire, but they are not required to do so.¹⁷⁷ There are limits on the maximum amount of bonds that can be issued depending on the jurisdiction’s receipt of HURF.¹⁷⁸ 

A resolution is required calling for the issuance of street or highway bonds. This resolution contains the same information as noted under the previous section on revenue bonds,¹⁷⁹ with the exception that the resolution must contain a brief and concise statement with an irrevocable appropriation providing for the payment of the principal and interest of the bonds from monies to be derived from the Highway User Revenue Fund that have not been specifically allocated and pledged for the payment of other indebtedness.¹⁸⁰ The time allotted for notice to the public for registering voters, for closing registration, the form of the ballot, the manner in which the canvass of returns must be conducted, and the body conducting the canvass, besides the application of the election laws to this type of election, are identical to the provisions noted under the section on revenue bonds for financing utility undertakings.¹⁸¹ 

FRANCHISE ELECTIONS 

A franchise is granted to public utility corporations for the purpose of allowing the utility to do business within the city or town.^{182a 182b 182c} The council may pass a resolution calling for a franchise election at either the next regular election or at a special election called for that purpose. A majority of qualified electors voting at the election is necessary to approve the franchise agreement. 

It is customary that the public utility for which the election is being held pay the election costs. It is suggested, however, that the city or town directly pay the election workers and then later be reimbursed for this expense by the public utility paying the election costs. Public utilities that pay for the election costs with only their own money are not subject to campaign finance reporting laws.¹⁸³ 

The proposed franchise agreement must be published in full in a newspaper of general circulation published in the city or town for at least 30 consecutive days prior to the election and the statute explains how to calculate notice.¹⁸⁴   

DIRECT ELECTION OF MAYOR 

General law cities and towns may provide for direct election of the mayor if such a change is first approved by local voters.^{185a 185b 185c}

The procedures for implementing this option are as follows: 

1. Council passes an ordinance providing that upon approval of the voters the mayor will be directly elected. In this ordinance, the council specifies whether the mayor will serve a 2-year or 4-year term. 

2. The question is presented to the voters at either a special or regular election. 

3. Following approval by the voters, the ballot will list 2 municipal offices – mayor and councilmembers. 

Any election to approve this option must take place prior to the date for filing Nomination Petitions for the primary election if the mayor is to be directly elected at such election.  

FOUR-YEAR STAGGERED COUNCIL TERMS 

Any city or town council may pass an ordinance or resolution submitting to the voters at a regular or special election the question of whether the members of the council should serve 4-year overlapping terms.^{186a 186b} This ordinance or resolution must be passed in time to permit the inclusion of this question on the sample ballot. 

The format of the question as presented on the ballot should appear below the listing of candidates (if any) in substantially the following form: 

Shall the common council of the City/Town of ______________________, _______________________ County, Arizona, have 4-year staggered terms beginning with the election held in 20______, in accordance with Ordinance (Resolution) No. _______ . 

FOR 4-year staggered terms AGAINST 4-year staggered terms  

When a majority of qualified electors voting at the election approves the 4-year staggered terms, current members of the council will be divided by lot into 2 classes. The first class, composed of 3 councilmembers, will hold office until the next regular election. The second class, composed of 4 members, will hold office until the second regular election. Therefore, at the first regular election held after adoption of this system, 3 councilmembers will be elected, and at the second regular election, 4 councilmembers will be elected. Thereafter, members of the council will be elected in classes of 3 and 4 at successive, regular elections and will hold office for terms of 4 years each and until their successors are elected and qualified. The mayor is elected from among the council membership and serves in that capacity for a 2-year term. 

Note: In the event the common council consists of 5 members, the first class will consist of 2 councilmembers and the second class of 3.¹⁸⁷ 

ELECTION FOR THE CONSOLIDATION OF TWO TOWNS  

The procedure for consolidation of 2 towns into one town is specified in statute.¹⁸⁸  

In this section, 2 prerequisites are set forth for towns considering consolidation: 

1. The 2 incorporated towns must have a common boundary. 

2. The towns must be in a county with a population of less than 150,000. 

Given these prerequisites, the common councils of the 2 incorporated towns may pass resolutions to be filed with the clerk of the Board of Supervisors requesting an election for the purpose of consolidation. Once these resolutions are filed, the next step consists of the Board of Supervisors, within 60 days, adopting a resolution calling an election for the purpose of consolidation. Not more than 180 days from the date of the resolution passed by the Board of Supervisors, the election must be held. 

The publicity requirements include publishing the election resolution in full at least once in a newspaper published in the county no less than 15 nor more than 30 days prior to the date of election. If there is no newspaper, the resolution can be posted in 5 conspicuous places in each of the towns not less than 15 nor more than 30 days prior to the date of the election. 

In the election, the ballot must contain the phrases “for the consolidation” and “against consolidation” with the voter indicating a choice by inserting the mark X in the square opposite the appropriate phrase. The ballot must also contain the phrase “if consolidation is approved, choose one of the following as the name of the new proposed town.” The voter is allowed one selection. There are no size requirements for the ballot, and sample ballots need not be printed, posted or distributed.¹⁸⁹ The same election procedures used for bond elections apply to a consolidation election. 

ELECTION TO CHANGE FROM TOWN TO CITY 

The basic requirements for a change from town to city status include: 

1. The town council must pass a resolution declaring that the town’s population numbers 3,000 or more and calling an election at which the qualified electors of the town may vote in favor or against the change in status from town to city. 

2. A town wishing to change its status can either call a special election or include this question on the town’s primary or general election ballot. 

3. A majority of the qualified electors voting at the election must vote in favor of the change. 

4. The mayor and council in office at the time of a “change from town to city” election remain in office until their terms are completed. Although the change in name and status is made, all laws currently in force remain in effect as well as other functions of the local government. 

5. The major difference between a town and a city is that the latter can adopt a charter.¹⁹⁰ 

CHARTER ELECTIONS 

Any city with a population of more than 3,500 inhabitants may elect a board of 14 freeholders for the purpose of drafting a charter. The method of electing the freeholders and voting on the charter drafted by them is in the state constitution and statute.^{191a 191b} 

Charter Adoption Procedures 

The procedure for home rule charter adoption is a brief and simple one. In essence this procedure must adhere to the following steps: 

1. Preconditions 

• Must have achieved city status. 
• Population of more than 3,500. 

2. Initial Steps 

• The council on its own initiative may call an election at any time (either a special or general election).¹⁹² 

• The mayor must call an election within 10 days if a petition containing the signatures of qualified electors is presented. The number of names on the petition must be equal to at least 25% of the total number of votes cast at the immediately preceding general municipal election. 
• At the election, the voters will decide whether or not a charter should be prepared for the city and elect 14 people to write the charter. 

3. Date of the Election 

The election must be held not later than 30 days after it is called. The question of adopting a charter can be posed to the voters at either a special or general election. You should keep in mind that the county may require more than a 30-day notice for providing election services or the county registration list. 

4. Questions on Ballot 

The principal question on the ballot can be in several forms: 

• Shall a charter be framed for the government of the City of __________? 
• Shall further proceedings toward adoption of a charter be had? 

• Election of a board of 14 freeholders. The names of all those who have qualified to run for the board are listed on the ballot. 

5. Who is Eligible to Run for a Board of Freeholders? 

• Person must be a qualified elector of the city. 
• The name “board of freeholders” would appear to limit those eligible to property owners in the city. However, due to court decisions on such limitations, a city may not limit candidates to property owners. 

• Those persons wishing to run for the board of freeholders have been asked by the other cities in such a charter election to file the Nomination Papers and Nomination Petitions bearing signatures of not less than 5% nor more than 10% of the highest vote cast for a city councilmember at the last preceding municipal election. This requirement does not appear in the applicable statutes; however, this may be an effective way to limit the number of people running for the board of freeholders if there is widespread citizen interest. If the city wishes to adopt another procedure for nomination of names to the board of freeholders, it may do so. 
• There is no statutory bar to members of the city council running for the board of freeholders. 

6. Results of the Election 

A majority of the qualified electors voting at the election must vote “yes” on the question of whether further proceedings should be made toward adopting a charter. The 14 people running for the board of freeholders who receive the highest number of votes compose the board. 

7. Preparing the Charter 

• State law specifies that within 90 days after the election the board of freeholders must prepare the charter.¹⁹³ 
• At least a majority of the members of the board of freeholders must sign the proposed charter and present one copy to the mayor and another to the county recorder. 

8. Publication Requirements 

The charter must be published in the local newspaper for at least 21 days if in a daily paper, or in 3 consecutive issues if in a weekly paper. State law also provides that the charter must be published within 20 days after its completion.¹⁹⁴  

9. Charter Adoption Election 

• A general or special election must be called not earlier than 20 days nor later than 30 days after final publication of the charter. The consolidated election date statute does not apply to charter elections. 

• If a majority of the qualified electors of the city voting at the election approve the proposed charter, it must then be submitted to the Governor for approval. State law specifies that the Governor must approve the charter if it is not in conflict with the Constitution or laws of the State of Arizona. 
• Once the Governor has approved the charter, 2 copies of the charter certified by the mayor, with the seal of the city attached and a certified statement, again with a seal, indicating the outcome of the charter adoption election must be prepared. One of the copies must be filed in the Office of the Secretary of State and the other in the archives of the city after it has been recorded in the county recorder’s office. 

10. Effect of Charter on Previous Ordinances 

All ordinances previously enacted which are in conflict with the newly adopted charter are automatically repealed or suspended. 

Charter Amendment Election 

In addition to the general requirements for holding an election, the following is a list provided by the League’s General Counsel of specific action steps involved in a charter amendment election: 

1. If an amendment to the charter of a city is proposed by an Initiative Petition, it is filed with the city clerk who must submit it to the voters of the city at the next ensuing election held therein, not less than 60 days after it was presented to the city council.¹⁹⁵ 

While no time is specified within which the city clerk must present the petition to the city council, it should be presented as soon as possible after receipt by the city clerk. 

2. The provisions found in this chapter pertaining to verification of an Initiative Petition or Referendum Petition must be followed with respect to the an Initiative Petition for a charter amendment.¹⁹⁶ 

3. The city council may propose and submit to the people amendments to the charter. The council may propose amendments of its own, and it may also propose as amendments to the charter those for which a valid an Initiative Petition has been filed. The council adopts the title and text of the proposed amendments to the charter and specifies the election at which they are to be voted upon. The council may, if it chooses, order a special election to vote on charter amendments whether proposed by initiative or by the council itself. When the council proposes the amendments, whether they have been initiated by a valid an Initiative Petition or not, the amendments can be voted on at an election held not less than 60 days from the date they were filed with the clerk for submission.¹⁹⁷ 

4. The publicity pamphlet provisions contained under the heading “Publicity Pamphlet” in this chapter apply with respect to all charter amendments. You may need to discuss adjusting the deadline for submitting arguments with your attorney if the Council refers amendments to the ballot after the 90-day deadline for arguments. 

5. The clerk must prepare and have printed on the ballot immediately below the number and official title of each measure a descriptive title containing a summary of the principal provisions of the measure, not to exceed 50 words. The number of each measure must be printed in at least 12-point reverse type and must be printed this way each time it appears on the ballot.  Immediately following the descriptive title and summary of each measure, the following must be printed: 

A “Yes” vote shall have the effect of ______________________________. 

A “No” vote shall have the effect of _______________________________. 

The blank spaces must be filled with a brief phrase stating the essential change being proposed to existing law. Opposite these phrases, the number of the measure must be printed in at least 12-point reverse type. Below the number of each measure and opposite each phrase, the space must be provided for printing the corresponding words “yes” and “no” and a square in which the electors may make their own marks.¹⁹⁸ 

6. If charter amendments are proposed by initiative, it is a good practice, if possible, to have the proponents of the amendments concur in the wording contained on the ballot. 

7. The amendments are not effective unless approved by a majority of the qualified electors voting thereon and also approved by the Governor in the same manner as the original charter was approved.¹⁹⁹ 

Although the practices have varied in charter amendment elections in Arizona cities, questions must be stated separately on the ballot in such a way that no question includes 2 questions where a voter may want to answer one with “yes” and the other with a “no”.²⁰⁰ The attorney should be consulted prior to preparation of the questions to ensure proper presentation of the amendments. 

ELECTIONS REGARDING SPENDING LIMITS 

On June 3, 1980, the electors of the State approved a tax reform package that, among other things, placed a new expenditure limitation on cities and towns. The Legislature did, however, include methods for local governments to alter the State imposed limitation or adopt an alternative expenditure limitation. The alteration of the State limitation or the adoption of an alternative limitation include a vote of the local electors. Here are the options open to cities and towns. 

Home Rule Option (The Alternative Expenditure Limitation) 

Any city or town may adopt its own “alternative” expenditure limitation that is free from any ties to the State imposed limitation if a majority of the qualified electors voting on the issue at the city/town regular (either primary or general) election vote in favor of the alternative limitation. In other words, there are no limitations on the form of this alternative limitation. An alternative limitation may be referred to the city/town voters by an affirmative vote of two-thirds of the members of the city/town council, or qualified electors of the city/town may offer an alternative limitation through the initiative process.²⁰¹ The League tracks what cities and towns may have an upcoming home rule election and publishes an annual guide to holding a home rule election which includes the forms and reports required. Please contact the League at league@azleague.org if you have not received a packet for an upcoming election.  

A call of election is not required under state law for a city or town election (unless a call of election is required by the local code, local charter, or the agreement with the county).²⁰² However, if a city or town is holding an election that is not held concurrently with a general election (Fall of even-numbered years), the clerk must provide written notice to inform the applicable officer in charge of elections that the city or town intends to conduct an election.²⁰³ This written notice must be provided no later than 180 days before the election.²⁰⁴ Consult with your attorney to check requirements in local codes or the intergovernmental agreement with the county that may require proof of legal action by the Council. 

If a call to the public is published (see recommended dates on calendars), a simple statement on the home rule proposal can be used, for example: 

A proposal to adopt a local alternative expenditure limitation – home rule option will be considered at the City/Town (Primary/General) Election on Tuesday, (month) (day), 20__. 

(Una propuesta para adoptar una alternativa sobre el limite del gasto local – una opcion de auto reglamento será considerada en eleccion de la ciudad en e dia martes, el (dia) de (mes), 20__.²⁰⁵ 

If you decide to publish a call and/or notice of election, it must be published: 

1. If in a weekly newspaper, once each week for 2 consecutive weeks, or 

2. If in a daily newspaper, 4 consecutive times.²⁰⁶ 

Additionally, the call and/or notice of election must be published in a newspaper that is printed and published within the city or town or a newspaper printed and published within the county in which the city or town is located with a greater circulation to residents of the city or town.²⁰⁷ 

The city/town council contemplating an alternative expenditure limitation must hold 2 public hearings on the proposed action. Notice of these hearings must be published once a week for at least 2 consecutive weeks in a newspaper of general circulation within the city or town. Immediately following the second hearing, the council must convene in a special meeting and vote on the proposed alternative expenditure limitation. A record of the vote and, if approved, the amount of expenditure in excess of the State limitation and purposes for the excess expenditure must be published in a newspaper of general circulation within the city or town.²⁰⁸ 

At least 60 days prior to the election, and we recommend sooner to accommodate printing the publicity pamphlet prior to early voting, the council or a person or group using the initiative process proposing the alternative expenditure limitation, must submit a detailed analysis and summary analysis and a summary analysis worksheet to the Auditor General for review. Within 15 working days of receiving these reports, the Auditor General must correct any errors or deficiencies in the analysis and summary and provide the council with a copy of each report. No revisions of the analysis or summary can be made after the Auditor General review is complete. The Auditor General may request additional information.²⁰⁹ 

The detailed analysis of the alternative expenditure limitation must contain the following:²¹⁰ 

1. Specific amounts estimated to be expended in specific areas for a period of 4 consecutive years. 

2. Specific amounts of estimated revenue from each source, and any assumptions used in estimating such revenue, for a period of 4 consecutive years. 

Arguments supporting or in opposition to the alternative expenditure limitation must be filed with the city/town clerk not less than 90 days before the election.²¹¹ A copy of the publicity pamphlet must be submitted to the Auditor General prior to the election. Not less than 10 days prior to the election, the clerk must provide to each household within the city or town containing a registered voter, a publicity pamphlet which contains the following: 

1. A true copy of the title and text of the measure. 

2. The form in which the measure will appear on the ballot, the official title, the descriptive title prepared by the clerk and the number by which it will be designated. 

3. Arguments for and against the measure. 

4. Date of the election. 

5. Polling places and the time such polling places are open. 

6. A comparative summary of the estimated total expenditures under the proposed alternative limitation(s) and the State limitation for a period of 4 consecutive fiscal years, as reviewed by the Auditor General. 

7. A comparative summary of the estimated amount of revenues from all sources to be expended under the proposed alternative limitation(s) and the State limitation for a period of 4 consecutive fiscal years, as reviewed by the Auditor General. 

8. A statement that if no alternative expenditure limitation is approved by a majority of the qualified electors voting at such election, the city or town will be subject to the State limitation. 

The detailed analysis of the alternative must also be made available to registered voters by the clerk upon voter request.²¹² 

The ballot used for the election must contain a section comparing the proposed alternative to the State imposed limitation. If only one alternative limitation is offered to the voters, the ballot should be in the form used for initiatives and referendums.²¹³ If there is more than one alternative, the ballot must be in a form that allows electors the opportunity to vote on each proposed alternative expenditure limitation. If more than one alternative is approved, the alternative limitation receiving the highest number of votes will apply to the city or town.²¹⁴ 

When an alternative expenditure limitation is adopted, it will be in effect for 4 consecutive years. Following the fourth year, the alternative must be “reapproved” or a new alternative may be proposed. In other words, you must repeat the detailed procedure involving the Auditor General, publications, election, etc. every 4 years whether you are “reaffirming” a previously approved alternative limitation or adopting a new one. If the alternative limitation is not “reaffirmed” or a new one offered and approved, the city or town becomes subject to the State imposed limitation. 

After the vote has been canvassed, notice of the outcome of the election must be provided to the Auditor General and to the Economic Estimates Commission.²¹⁵ The address of the Economic Estimates Commission and the Auditor General’s Office may be found in the League’s publication, “A Guide for Alternative Expenditure Limitations.” 

If the alternative limitation is defeated by a majority of the qualified electors, no new alternative expenditure limitation may be submitted to the voters for at least 2 years, and the city or town will be subject to the State limitation.²¹⁶ 

Permanent Adjustment of Expenditure Base Limitation 

Any city or town can permanently adjust its State imposed expenditure limitation base if a majority of the qualified electors voting on the issue at a regular (primary or general) city or town election or the state general election vote in favor of the adjustment. A base adjustment may be referred to the voters of the city or town by an affirmative vote of two-thirds of the members of the council; or qualified electors of the community may propose an adjustment through the initiative process.²¹⁷ The League tracks what cities and towns may have an upcoming permanent adjustment election and prepares an annual guide for those cities and towns proposing a permanent base adjustment. Please contact the League at league@azleague.org if you have not received a packet for an upcoming election. 

The call of the election should include any proposition, including a base limitation adjustment proposal, as one of the purposes of the election. A simple statement on the base limitation adjustment proposal will satisfy this requirement. 

Formerly, a city/town council contemplating the adoption of a permanent base adjustment was required to hold 2 public hearings on the proposed action, and to publish a record of the vote on the proposed permanent base adjustment. However, the city/town council is still required to pass a resolution on the proposed permanent base adjustment in an open meeting, but no record of that vote needs to be published.  

At least 60 days prior to a regular election, the council or a person or group using the initiative process proposing the base adjustment must submit a detailed analysis and summary of the adjustment to the Auditor General for review. Within 15 working days of receiving these reports, the Auditor General must correct any errors or deficiencies in the analysis and summary and provide the council with a copy of each report. No revisions of the analysis or summary can be made after the Auditor General review is complete.²¹⁸ 

The detailed analysis of a proposed base adjustment to the expenditure limitation must contain the following:²¹⁹ 

1. Specific area or areas in which expenditures are adjusted. 

2. Specific amounts of estimated revenue from each source, and any assumptions used in estimating such revenue. 

Arguments supporting or in opposition to the proposed base adjustment must be filed with the city/town clerk not less than 90 days before the election.²²⁰ Not less than 10 days prior to the election, the council must provide, to each household, within the city or town containing a registered voter, a publicity pamphlet which contains the following:^{221a 221b} 

1. A true copy of the title and text of the measure. 

2. The form in which the measure will appear on the ballot, the official title, the descriptive title prepared by the clerk and the number by which it will be designated. 

3. Arguments for and against the measure. 

4. Date of the election. 

5. Polling places and the time such polling places are open. 

6. A comparative summary of the proposed adjusted expenditure limitation to the State expenditure limitation, as reviewed by the Auditor General. 

7. A summary of the source or sources of estimated revenues that are to be used for financing the adjustment to the expenditure limitation or the source or sources of estimated revenues to be reduced as a result of a downward adjustment, as reviewed by the Auditor General. 

8. A statement of the purpose or purposes for which the adjustment to the expenditure limitation is to be made. The detailed analysis of the base adjustment must also be made available to registered voters by the clerk upon voter request.²²² 

The ballot used for the election must contain a section stating the impact of the modification. If only one proposed adjustment is offered to the voters, the ballot should be in the form used for initiatives and referendums.²²³ If there is more than one proposed adjustment, the ballot must be in a form that allows electors the opportunity to vote on each base limitation adjustment.²²⁴ 

Any approved permanent base limitation adjustment must be used in determining a city’s or town’s expenditure limitation beginning with the fiscal year immediately following the approval and every year thereafter or until the city or town again adopts a new base. 

Emergency and One-Time Overrides 

The law provides for an emergency or one-time override of the State imposed expenditure limitation in 3 cases:²²⁵ 

1. In the case of a governor declared emergency. 

2. In the case of a local city/town council declared emergency not declared by the governor. 

3. In the case of a one-time override for reasons other than a disaster. 

A city/town faced with a governor declared man-made or natural disaster can exceed its expenditure limitation by an amount necessitated by the disaster if two-thirds of the members of the council vote in favor of the excess. If the governor declares a situation a disaster, you do not need to take the emergency override to the people for a vote.²²⁶ 

A city/town faced with a natural or man-made disaster that is not declared by the governor needs an affirmative vote of 70% of the members of the council to exceed its expenditure limitation by an amount necessitated by the disaster. Further, the council will need to obtain approval for the emergency override from a majority of the qualified electors voting at either a special election (to be held on the third Tuesday in May) or at its next regular election. If the council does not take the issue of the emergency override to the voters, or if the voters do not approve the override at the election, the city/town must reduce its budget in the fiscal year following the disaster by the amount of excess expended due to the disaster.^{227a 227b}

Should a natural or man-made disaster not declared by the governor resulting in excess expenditures occur within 90 days prior to a special or regular election, such expenditures will not be put to a vote of the people until the next subsequent regular or special election.²²⁸ 

A city/town may exceed its expenditure limitation by a one-time override for reasons other than disaster. The one-time override can occur if two-thirds of the members of the council and a majority of qualified electors voting at either a special election (to be held on the third Tuesday in May) or at a regular election in the fiscal year prior to the fiscal year in which the excess is to occur give their vote of approval for the excess.²²⁹ 

A council contemplating an election concerning an emergency not declared by the governor or a non-disaster related one-time override must hold 2 public hearings on the proposed action. Notice of these hearings must be published once a week for at least 2 consecutive weeks in a newspaper of general circulation within the city or town.  Immediately following the second public hearing, the council must convene a special meeting and vote on the proposed excess expenditure. A record of the vote and, if approved, the purposes of the excess expenditure must be published in a newspaper of general circulation within the city or town.²³⁰ 

A council seeking voter approval for excess expenditures due to an emergency not declared by the governor must provide publicity pamphlets concerning the proposed excess to each household within the community containing a registered voter not less than 10 days nor more than 30 days before the election.²³¹ 

The council seeking a one-time override for reasons other than a disaster must provide arguments for the excess expenditure and must receive arguments against the excess from those opposed to it at least 30 days prior to the election.²³² These arguments must be included in the publicity pamphlet concerning the excess expenditure which must be distributed to each household within the city or town containing a registered voter not less than 10 days nor more than 30 days before the election.²³³ 

It should be emphasized that if the voters do not approve the excess expenditure, necessitated by a disaster not declared by the governor, the city or town must reduce its budget in the fiscal year following the disaster by the amount of excess expended due to the disaster. This reduction provision does not, however, apply to one-time overrides for reasons other than disaster because the election for such an override is conducted prior to the year in which the excess is to occur. 

ELECTIONS REGARDING CAPITAL PROJECTS ACCUMULATION FUNDS 

A capital projects accumulation fund is an option under the State imposed expenditure limitation. This option is particularly appropriate for communities where the State expenditure limit is sufficient except in the area of capital outlays. 

If the voters approve, you may exclude from your limited or “controlled” expenditures, revenues accumulated to pay for certain capital projects. The voters must approve both the project and the accumulation of revenue. The project can be the purchase of land or the purchase or construction of buildings or improvements. 

The only specific reference to establishing a capital projects accumulation fund is in the Constitution.²³⁴ It appears that the notice and hearing requirements apply.²³⁵ Elections for such a fund may be held at either a regular city or town election or a special election. However, in response to one city, we developed a suggested set of procedures. These are composed of general election and spending limit election requirements. The procedures include holding 2 public hearings, publishing notices prior to the hearings and preparing a publicity pamphlet. 

These steps outline a suggested process for adopting a capital projects accumulation fund.²³⁶  

1. Call election. 

2. Publish notice of 2 public hearings once a week for 2 consecutive weeks prior to the hearings in a newspaper of general circulation. 

3. Hold public hearings after publishing the second notice. 

4. Vote by the council on the capital projects accumulation fund immediately following the second public hearing.²³⁷ 

5. Publish a record of the vote and other required information immediately following the council’s vote. 

6. Receive arguments in support or opposition to be published in the publicity pamphlet for the capital projects accumulation fund not less than 60 days prior to the election. 

7. Post sample ballots not less than 10 days prior to the election. 

8. Distribute publicity pamphlets not less than 10 days prior to the election. 

9. Hold election at either a regular or special election. 

ELECTION TO ESTABLISH A PRIMARY PROPERTY TAX 

To establish a primary property tax, a city or town must present the proposed levy to the voters at an election on the third Tuesday in May in as nearly as practicable the same manner as prescribed for other municipal indebtedness.²³⁸ The ballot must state the amount proposed to be raised by primary property taxes in the first year such a tax is imposed. The ballot must also state that this amount will be the base for determining levy limitations for the city or town in subsequent years.²³⁹ 

These steps outline the process to initiate a primary property tax.^{240a 240b 240c 240d} 

1. The council passes a resolution ordering the election to be held at the regular voting places. The order must state that the election is to establish a primary property tax. 

2. A copy of the order and call of election is published once in a newspaper of general circulation in the city or town not less than 15 days nor more than 30 days prior to the day of election. 

3. If there is no such newspaper, 5 copies of the election order and call are posted in public places in the city or town not less than 15 days nor more than 30 days before the election. 

4. A copy of the order for election is posted in each polling place. 

5. A publicity pamphlet which includes an estimate of the tax for a single-family residence valued at $100,000; a commercial property valued at $250,000 and vacant land valued at $100,000.²⁴¹ 

6. The deadline to submit arguments for and against the establishment of a primary property tax must be set at a public meeting and published in a newspaper of general circulation in the city or town.  

7. The election is held on the third Tuesday in May. 

8. The returns are made to the council, and the council canvasses and certifies the vote. 

9. A copy of the approved resolution must be sent to the Property Tax Oversight Commission.  Also notify the county that the city or town will be levying a property tax in the fiscal year following the election. 

If a majority of the qualified electors voting at the election approve the proposed levy amount for primary property taxes, that amount will be the levy for the city or town for the next fiscal year.²⁴² 

SALES TAX ADVISORY ELECTION²⁴³ 

There is a special provision allowing cities and towns to hold elections on tax issues. This extends to elections on the transaction privilege tax, sales, use, franchise or other similar tax or fee. The issue can be submitted to the qualified electors of the city or town at any regular or special municipal election, and the city or town may spend public monies to cover the expenses of the election on that issue.  

A publicity pamphlet is required and must include the amount of the tax increase. The election must be held on one of the 4 consolidated dates listed at the beginning of this Chapter for special elections.²⁴⁴ For a city or town that schedules an election to approve or authorize a transaction privilege tax assessment, the election must be held on the November election date in an even-numbered year.²⁴⁵   

MUNICIPAL IMPROVEMENT DISTRICT ELECTION 

There are several statutes that govern municipal improvement districts.²⁴⁶ Please note the publication requirements in A.R.S. § 9-812, which apply to notices and resolutions (including call and notice of elections) for municipal improvement districts unless otherwise stated in Title 48.²⁴⁷ 

GENERAL PLAN ELECTION²⁴⁸ 

Any city or town with a population of more than 2,500 but less than 10,000 and a population growth rate that exceeded an average of 2% per year for the 10-year period before the most recent United States decennial census, and any city or town having a population of 10,000 or more persons, must submit each new general plan to the voters for ratification at the next regularly scheduled municipal election or at a special election scheduled at least 120 days after the council adopts the plan. The election must be held on one of the 4 consolidated election dates. 

A publicity pamphlet^{249a 249b 249c 249d} must be prepared and include a general description of the plan and its elements. In addition, public copies of the plan must be provided in at least 2 locations that are easily accessible to the public which may include posting on the official internet website. If a majority of the qualified electors voting on the proposition approves the new plan, it goes into effect. If a majority of the qualified electors voting on the proposition fails to approve the new plan, the current plan remains in effect until a new plan is approved by the voters. The governing body must either resubmit the proposed new plan, or revise the new plan, for subsequent submission to the voters at the next regularly scheduled municipal election or at a special election scheduled at least 120 days after the governing body readopts the new or revised new plan. If the voters turn down the plan, the statute requires you to continue to resubmit the plan to voters until it is ratified. 

LOCAL ELECTIONS TO APPROVE A TAX 

In 2022, Arizona voters approved Proposition 132 to amend the Arizona Constitution to provide that a statewide initiative measure, statewide referendum measure, or a proposed amendment to the Arizona Constitution to approve a tax becomes law only if approved by 60% of the votes cast. The plain language and intent of Proposition 132 applies to statewide measures only. While Proposition 132 made stylistic changes to the section of the Arizona Constitution that applies to “local, city, town or county matters,” it did not amend this section to require a 60% vote for local initiative measures, local referendum measures, or proposed charter amendments to approve a local tax. See Article IV, Part 1, Section 1(8) of the Arizona Constitution. 

CHAPTER 6 – FOOTNOTES

1. A.R.S. § 18-302(5).
2. A.R.S. § 19-141 (A).
3. A.R.S. § 19-101.01; see also, Western Devcor, Inc. v. City of Scottsdale, 168 Ariz. 426 (1991); De Szendeffy v. Threadgill, 178 Ariz. 464 (Ariz. Ct. App. 1994); Feldmeier v. Watson, 211 Ariz. 444 (2005); Wilhelm v. Brewer, 219 Ariz. 45 (2008); Forzt v. Rodriguez, 212 Ariz. 263 (Ariz. Ct. App. 2006); Arrett v. Bower, 237 Ariz. 74 (Ariz. Ct. App. 2015); Pedersen v. Bennett, 230 Ariz. 556 (2012).
4. If an applicant questions the differences between the state and local forms, suggest the applicant review the information on the Secretary of State’s website and seek legal counsel. Petitions for statewide measures have access to an electronic program that was set up by the Secretary of State. This program is not available for local measures.
5. For the most up-to-date information and Guide by the Secretary of State regarding initiatives, referenda, and recalls, please see Secretary of State’s website. 
6. See A.R.S. § 19-111(C). 
7. See A.R.S. § 19-111(D). The Secretary of State also publishes the Initiative and Referendum Guide and Campaign Finance PAC Guide.
8. See A.R.S. § 19-111(C). 
9. See A.R.S. § 19-111(D). The Secretary of State also publishes the Initiative and Referendum Guide and Campaign Finance PAC Guide.  
10. Ariz. Const., art. IV, pt 1, § 1 (8); see also A.R.S. §§ 19-101- 19-129 (providing the petition form, the manner of circulation, and the methods of filing the petition).
11. City of Flagstaff v. Mangum, 164 Ariz. 395 (1990).
12. A.R.S. § 19-143.
13. Ariz. Const. art. IV, Pt. 1 § 1.
14. A.R.S. § 12-921.
15. Robertson v. Graziano, 189 Ariz. 350 (Ariz. Ct. App 1997); Arizona Together v. Brewer, 214 Ariz. 118 (2007); McLaughlin v. Bennett, 225 Ariz. 351 (2010); Save Our Vote, Opposing C-03-2012 v. Bennett, 231 Ariz. 145 (2013).
16. A.R.S. § 19-121(D).
17. A.R.S. § 19-143(B), (C).
18. Ariz. Const., art. IV, pt 1, § 1 (8).
19. A.R.S. § 19-142.  Jones v. Paniagua, 221 Ariz. 441 (Ariz. Ct. App. 2009).
20. A.R.S. § 19-143(B), (C).
21. A.R.S. § 19-142. 
22. Voice of Surprise v. Skip Hall, 257 Ariz. 101 (Ct. App. 2024), review denied (Mar. 5, 2024) (referendum regarding preliminary development plan); Workers for Responsible Dev. v. City of Tempe, 254 Ariz. 505, 524 P.3d 1161 (App. 2023) (Feb. 28, 2023) (referendum regarding ordinance authorizing mayor to execute development agreement and disposition agreement); Respect Promise in Opposition to R-14-02-Neighbors for a Better Glendale v. Hanna, 238 Ariz. 296 (App. 2015) (referendum regarding approval of a resolution and related settlement agreement); Wennerstrom v. City of Mesa, 169 Ariz. 485 (1991) (referendum regarding a resolution “conceptually approving” the widening of a portion of a road from five to seven lanes “with alignment as indicated by staff”); Wade v. Greenlee County, 173 Ariz. 462 (Ariz. Ct. App. 1992) (referendum regarding sales tax ordinance); Fritz v. City of Kingman, 191 Ariz. 432 (1998); Redelsperger v. City of Avondale, 207 Ariz. 430 (Ariz. Ct. App. 2004) (referendum regarding rezoning ordinance); Stop Exploiting Taxpayers v. Jones, 211 Ariz. 576 (Ariz. Ct. App. 2005) (referendum regarding ordinances setting rates charged for city-owned utility services); Israel v. Town of Cave Creek, 196 Ariz. 150 (Ariz. Ct. App. 1999) (referendum regarding annexation ordinance); Grosvenor Holdings L.C. v. City of Peoria, 195 Ariz. 137 (Ariz. Ct. App. 1999) (referendum regarding conditional rezoning); Tax Reform Act of 1990, Ariz. Op. Atty. Gen. No. 90-068 (1990); see also Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (May 11, 1995).
23. See A.R.S. §§ 19-111(C), -142(C).
24. A copy of the signed ordinance or resolution will be attached to the Referendum Application for a Serial Number and Referendum Petition. If there is no ordinance or resolution available, then the minutes approved by the council and signed by the clerk will be attached. The 30-day shot clock does not begin until the ordinance or resolution is made available to the proponent. This delay in the start of the 30-day shot clock only applies if the clerk is unable to provide this copy when the Referendum Application for a Serial Number is submitted. In the case of a rezoning, a copy of the rezoning ordinance or approved minutes that includes the council’s approval of the rezoning can be attached. A.R.S. § 19-142 (D). In such a case, the 30-day shot clock will begin on the day that the rezoning ordinance or approved minutes are available from the clerk and the ordinance is not operative until 30 days after the ordinance or minutes are available. See A.R.S. § 19-142 (B) regarding emergency measures.
25. If a copy of the ordinance or resolution is not available on the day when the Application for a Serial Number is filed, the 30-day window will begin on the day when the ordinance or resolution is available from the clerk.  
26. See A.R.S. § 19-111(A). 
27. A.R.S. § 19-111(A); Voice of Surprise v. Skip Hall, CV-23-0117-PR, Arizona Supreme Court.
28. A.R.S. § 19-142 (C)-( D); see also A.R.S. §§ 19-111 (B), 19-112, Fidelity Nat. Title Co., Inc. v. Town of Marana, 220 Ariz. 247 (Ariz. Ct. App. 2009).  
29. City of Scottsdale v. Superior Ct. ex rel Maricopa Cty, 103 Ariz. 204 (1968); A.R.S. § 19-143; Memorandum from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (July 1, 1996) (concluding that a city or town does not have the authority to voluntarily submit an ordinance to a vote of the people); see also Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Oct. 20, 1977).
30. See A.R.S. § 42-6006 (providing authority to hold an election relating to local sales tax).
31. A.R.S. § 19-143(B).
32. A.R.S. § 19-141.
33. A.R.S. § 19-111.
34. A.R.S. § 19-111; Sklar v. Town of Fountain Hills, 220 Ariz. 449 (Ariz. Ct. App. 2008); see also Molera v. Hobbs, 250 Ariz. 13 (2020) (holding that a statewide initiative’s 100-word description complied with the statute because it provides prospective signers with the principal provisions of the initiative to sign, reject or seek more information and does not contain any objectively false or misleading information). 
35. A.R.S. § 19-121; Leach v. Reagan, 245 Ariz. 430 (2018) (emphasizing that if a Statement of Organization is filed the Secretary has no mandate to investigate a Statement’s compliance or reject under Title 19 because there are Title 16 remedies that exist under campaign finance laws).
36. A.R.S. § 19-111 (A).
37. A.R.S. § 19-111(A); Voice of Surprise v. Skip Hall, CV-23-0117-PR, Arizona Supreme Court.
38. Here are samples: Initiative Petition for Local Measures; Referendum Petition for Local Measures. State law provides that the petition must be printed in black ink on white or recycled white pages 14 inches in width by 8.5 inches in length, with a margin of at least ½-inch at the top and ¼-inch at the bottom of each page; however, state law allows the Secretary of State to prescribe a different width and length in the State Elections Procedures Manual. A.R.S. § 16-452.
39. A.R.S. § 19-118 (A).
40. This is distinguished from Candidate Petitions, which require nonresident circulators to register with the State.
41. A.R.S. § 19-111 (D).
42. Sample Initial Receipt.
43. Fleischman v. Protect our City, 214 Ariz. 406 (2007).
44. A.R.S. § 19-113; Circulators of Initiative Petitions, Ariz. Op. Atty. Gen. No. I84-062 (1984).
45. A.R.S. § 19-121(C).
46. A.R.S. § 19-121(C).
47. A.R.S. §§ 19-121.01, 19-141 (D). Van Riper v. Threadgill, 183 Ariz. 580, 905 (Ariz. Ct. App. 1995); Transportation Infrastructure Moving Arizona’s Economy v. Brewer, 219 Ariz. 207 (Ariz. Ct. App. 1995); Meyers v. Bayless, 192 Ariz. 376 (1998); Forszt v. Rodriquez, 212 Ariz. 263 (Ariz. Ct. App. 2006); Harris v. City of Bisbee, 219 Ariz. 36 (Ariz. Ct. App. 2008).
48. Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Nov. 26, 1996). 
49. A.R.S. § 19-121.01 also requires the paid circulator number if applicable, but this does not apply to local measures.
50. The “Circulator Affidavit” is part of the Petition (see page 2 of the Petition). 
51. A.R.S. § 19-112 (F).
52. A.R.S. §§ 19-101, 19-102.
53. A.R.S. §19-119.01.
54. A.R.S. § 19-118. 
55. A.R.S. § 19-112(C).  All signatures on a sheet must be registered voters in the same county. If signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county that are more numerous on the signature sheet must be counted.
56. A.R.S. § 19-121.01(A)(2).
57. A.R.S. § 19-113. 
58. A.R.S. § 19-112. 
59. A.R.S. § 19-111(A); Voice of Surprise v. Skip Hall, CV-23-0117-PR, Arizona Supreme Court.
60. A.R.S. § 19-121.01 (A)(1) or (A)(3).
61. A.R.S. § 19-121.02 (C).
62. A.R.S. § 19-121.01 (F).
63. A.R.S. §§ 19-121.04 (A), 19-114.
64. A.R.S. §§ 19-121.01, 19-141; see also Van Riper v. Threadgill, 183 Ariz. 580 (Ariz. Ct. App. 1995).  
65. A.R.S. § 19-121.04 (B).
66. A.R.S. § 19-121.04; Save Our Public Lands Coalition v. Stover, 135 Ariz. 461 (1983).
67. A.R.S. § 19-121.04 (C).
68. A.R.S. § 19-121.05.
69. A.R.S. § 19-113.
70. A.R.S. § 19-122.
71. Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Aug. 19, 1991).
72. Ariz. Const. art IV, pt 1, § 1 (4); Cuvelier v. Schmitz, 193 Ariz. 479 (Ariz. Ct. App. 1999) (holding the Town’s code requiring submission of initiative petitions 120 days before the election was valid).
73. A.R.S. §§ 19-121, 19-141.
74. A.R.S. § 19-122.
75. Dewey v. Jones, 159 Ariz. 409 (Ariz. Ct. App. 1989).
76. A.R.S. § 19-119.01.
77. A.R.S. § 19-111. 
78. A.R.S. § 19-114(B); Leach v. Reagan, 245 Ariz. 430 (2018) (holding that there is no authority to bring Statement of Organization compliance issues under Title 19 because remedies exist under Title 16 campaign finance law).
79. A.R.S. § 16-926 (H).
80. Proposition 200, Ariz. Op. Atty. Gen. No. I87-150 (1987).
81. A.R.S. § 16-937.
82. A.R.S. § 16-918. See also, City of Sierra Vista v. Sierra Vista Wards System Voting Project, 229 Ariz. 519 (2012).
83. A.R.S. § 19-141.
84. A.R.S. § 19-141.
85. A.R.S. § 19-123.
86. A.R.S. § 19-141(C).
87. A.R.S. § 19-124(A).
88. A.R.S. § 19-125(B).
89. A.R.S. § 19-125.
90. A.R.S. § 19-125 (C).
91. A.R.S. § 19-122.
92. A.R.S. § 19-121.01, 19-122.
93. A.R.S. § 19-122; Barry v. Alberty, 173 Ariz. 387 (Ariz. Ct.App. 1992). Either party may appeal to the Arizona Supreme Court within 5 calendar days after entry of judgment. Actions relating to local measures must be heard in the superior court in the county in which the majority of the population of that city or town resides.  A.R.S. § 19-122(A), (D).
94. A.R.S. § 19-126 (A).
95. A.R.S. § 19-122 (also requiring multiple actions to be consolidated in the appropriate venue). 
96. A.R.S. § 19-121.01, 19-122.
97. A.R.S. § 19-122; Barry v. Alberty, 173 Ariz. 387 (Ariz. Ct.App. 1992).  Either party may appeal to the Arizona Supreme Court within 5 calendar days after entry of judgment.  Actions relating to local measures must be heard in the superior court in the county in which the majority of the population of that city or town resides. A.R.S. § 19-122(A), (D).
98. Winkle v. City of Tucson, 190 Ariz. 413 (1997); League of Ariz. Cities & Towns v. Brewer, 213 Ariz. 557, 146 (2006).
99. A.R.S. § 19-201. 
100. Ariz. Cons., art. VIII, pt 1, §§1, 5; A.R.S. § 19-202; Circulation of Petitions to Recall a Public Officer, Ariz. Op. Atty. Gen. No. 81-064 (1981); Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Jan. 17, 1983); Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Apr. 13, 1990).
101. A.R.S. § 19-201.01.  
102. See 2016 Ariz. Sess. Laws Ch. 79 § 24 (eff. Nov. 5, 2016).
103. Application of Title 16 to Recall Committees, Ariz. Op. Atty. Gen. No. I11-003 (2011).
104. Ariz. Const., art. VIII, pt 1, § 1; A.R.S. §§ 19-201 – 19-217. 
105. A.R.S. § 19-202.01.
106. The Secretary of State is responsible for providing a sample recall petition that strictly complies with the recall petition form requirements and any person or organization that uses the sample recall petition of the Secretary of State is presumed to have strictly complied with the requirements of A.R.S. § 19-204. A.R.S. § 19-202.01.
107. Ariz. Const. art. VIII, pt 1, § 2; A.R.S. § 19-203; see also Ross v. Bennett, 228 Ariz. 174 (2011) (finding that “the purpose of recall was to permit the electorate to get rid of an officer…for any or no reason. Therefore, the grounds…may be very general in their nature and character”).
108. A.R.S. § 19-202.01.
109. A.R.S. § 19-202.01(C).
110. A.R.S. § 19-201 (codifying Morrissey v. Garner, et al., Ariz. Supreme Court No. CV-19-0271-AP/EL (Filed Dec. 6, 2019) (finding that the number of signatures needed to trigger a mayoral recall election must be calculated based on the prior “primary” election in 2018 where the mayor was elected and not the “last preceding general election” held in 2002). See also Ariz. Const. art. VIII, pt. 1 § 1.
111. Ariz. Const. art. VIII, pt 1, § 1; see also Johnson v. Maehling, 123 Ariz. 15, 597 P2d 1 (1979).
112. A.R.S. § 19-205.
113. A.R.S. § 19-205.01(H) (“Paid circulator” means 1) a natural person who receives monetary or other compensation for obtaining signatures on a recall petition or for circulating recall petitions for signatures; 2) does not include a paid employee of any person or organization unless that employee has or will obtain two hundred or more signatures on a recall petition in an election cycle”).
114. A.R.S. § 19-205.01(A).  
115. A.R.S. § 19-204(D), (E).
116. A.R.S. § 19-205.02.
117. A.R.S. § 19-205.04.
118. A.R.S. § 19-208.06 (A).
119. The Circulator’s Affidavit is included on the Recall Petition. 
120. A.R.S. § 19-208.01(A)(2)(c). The detached copies of the application must be “made available” to the applicant, but state law authorizes the clerk to dispose of these detached copies “after a reasonable period of time.” State law does not define “reasonable period of time.” As a result, clerks should consult with their attorneys prior to disposal of the detached copies.
121. A.R.S. § 19-208.01.
122. Unlike initiative and referendum, there is no random sample requirement; on recall petitions, each signature is transmitted to the county for verification.  
123. A.R.S. § 19-208.01. 
124. A.R.S. § 19-208.06(A).
125. A.R.S. § 19-208.02(B).
126. A.R.S. § 19-208.04(A). If the county recorder fails to comply with the certification process, any elector may apply, within 10 calendar days after such refusal, to the superior court for a writ of mandamus to compel the county recorder to proceed.
127. A.R.S. § 19-208.02(B).
128. A.R.S. § 19-208.03.
129. A.R.S. § 19-208.03(B). The date of filing the petition is the date of filing referred to in A.R.S. 19-207, 19-208 and 19-209.
130. A.R.S. § 19-208.04(B). 
131. A.R.S. § 19-207.
132. Ariz. Const. art. VIII, pt 1, § 3; A.R.S. § 19-207.
133. Ariz. Const. art. VIII, pt 1, § 3; A.R.S. § 19-209.
134. A.R.S. § 19-212; Abbey v. Green, 28 Ariz. 53, 235 Pac. 150 (1925).
135. Ariz. Const., art. VIII, pt 1, § 4; A.R.S. § 19-212 (A).
136. A.R.S. § 19-212 (F).
137. A.R.S. § 19-213.
138. A.R.S. § 19-214 (A), (B).
139. Ariz. Const. art. VIII, pt 1, § 6; A.R.S. § 19-215.
140. A.R.S. § 19-216.
141. A.R.S. § 19-208.06(C), (D).
142. Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Aug. 10, 1988).
143. A.R.S. § 19-202(A).
144. Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Apr. 13, 1990).
145. A.R.S. § 19-212; Candidate Specification, Ariz. Op. Atty. Gen. No. 76-240 (1976).
146. A.R.S. § 19-209. 
147. A.R.S. § 19-208.
148. A.R.S. § 19-208.01.
149. A.R.S. § 19-210.
150. Ariz. Const. art. VIII, pt 1, § 5; A.R.S. § 19-202; Arizona City Sanitary Dist. v. Olson, 224 Ariz. 330 (Ariz. Ct. App. 2010).
151. A.R.S. § 9-514. See also Town of Marana v. Pima County, 230 Ariz. 142 (Ariz. Ct. App. 2012) (concluding the Town’s ballot measure requesting general approval was inadequate because a municipality must obtain voter authority to acquire a particular plant or property).
152. A.R.S. § 9-101.02, 9-101.03.
153. A.R.S. § 9-571.
154. Ariz. Const., art. IX, § 8.
155. Ariz. Const., art. IX, § 8.  
156. A.R.S. § 35-452.
157. A.R.S. § 35-455.
158. A.R.S. § 35-453.
159. A.R.S. §§ 9-826, 35-454.
160. Title 9, chapter 4, article 3 (remote municipal property as water source) and Title 48, chapter 1, article 8.
161. A.R.S. § 35-454.
162. A.R.S. § 42-12003.
163. A.R.S. § 42-12001, paragraph 12.
164. A.R.S. § 42-12002.
165. A.R.S. § 35-462.
166. A.R.S. § 35-454.
167. A.R.S. §§ 9-521, 9-521.01.
168. A.R.S. §§ 9-521 – 9-540.
169. A.R.S. § 9-524.
170. A.R.S. § 16-204.
171. A.R.S. § 9-524(B).
172. A.R.S. § 9-526.
173. A.R.S. § 9-528.
174. A.R.S. § 9-527.
175. A.R.S. § 48-681.
176. A.R.S. §§ 48-682, 48-688.
177. A.R.S. § 48-688(H).
178. A.R.S. § 48-689.
179. A.R.S. § 9-524.
180. A.R.S. § 48-683(A)(4).
181. A.R.S. §§ 48-683 – 48-687.
182. Ariz. Const., art. XIII, § 4; A.R.S. §§ 9-501, 9-502.
183. A.R.S. § 9-502.
184. A.R.S. § 39-203.
185. A.R.S. §§ 9-232.03, 9-272.01; Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Sept. 14, 1984).
186. A.R.S. §§ 9-272, 9-232.02.
187. A.R.S. § 9-232.02.
188. A.R.S. § 9-121.
189. A.R.S. § 9-121.
190. A.R.S. §§ 9-271 to 9-276.
191. Ariz. Const. art XIII; Title 9, Chapter 2, Article 5.
192. A.R.S. § 9-281 (B).
193. A.R.S. § 9-282 (A).
194. A.R.S. § 39-203.
195. A.R.S. § 19-143 (C).
196. A.R.S. § 19-141(D).
197. A.R.S. § 19-143(C).
198. A.R.S. § 19-125.
199. Ariz. Const., art. XIII, § 2.
200. Kerby v. Luhrs, 44 Arizona, 208 (1934).
201. Ariz. Const., art. IX, § 20(9).
202.  X
203. X
204. X
205. A Spanish language translation is required on all election related notices.
206. A.R.S. § 39-204(B).
207. A.R.S. § 9-812.
208. A.R.S. § 41-563.01.
209. A.R.S. § 41-563.03(E).
210. A.R.S. § 41-563.03(E).
211. A.R.S. § 19-141(C).
212. A.R.S. § 41-563.03(E).
213. A.R.S. § 19-125.
214. Arizona Const., art. IX, § 20 (9).
215. A.R.S. § 41-563.03 (F).
216. Ariz. Const., art. IX, § 20(9).
217. Ariz. Const., art. IX, § 20(6).
218. A.R.S. § 41-563.03(D).
219. A.R.S. § 41-563.03(D).
220. A.R.S. § 19-141(C).
221. A.R.S. §§ 19-141; 41-563.03(B).
222. A.R.S. § 41-563.03(D).
223. A.R.S. § 19-125.
224. A.R.S. § 41-563.03(G).
225. Ariz. Const., art. IX, §20(2).
226. Ariz. Const., art. IX, § 20(2)(a).
227. Ariz. Const., art. IX, § 20(2)(b); A.R.S. § 41-563.02.
228. A.R.S. § 41-563.02(E).
229. Ariz. Const., art. IX, § 20(2)(c).
230. A.R.S. § 41-563.01.
231. A.R.S. § 41-563.02(A).
232. A.R.S. § 41-563.02(B).
233. A.R.S. § 41-563.02(A).
234. Ariz. Const., art. IX, § 20(3)(d)(viii).
235. A.R.S. § 41-563.01.
236. A.R.S. § 41-563.01.
237. A.R.S. § 41-563.01.
238. Title 35, Chapter 3, Article 3.
239. A.R.S. § 42-17056(B).
240. A.R.S. §§ 9-524, 35-453, 35-454 and 42-17056.
241. A.R.S. § 9-826.
242. A.R.S. § 42-17056.
243. A.R.S. § 42-6006.
244. A.R.S. § 9-826.
245. A.R.S. § 16-204(F).
246. See A.R.S., Title 48. 
247. A.R.S. § 9-812(C).
248. A.R.S. § 9-461.06.
249. Examples of publicity pamphlets for a general plan adoption election: City of Tempe, Arizona, Special Election, May 20, 2014; City of Queen Creek, Arizona, Ballot-By-Mail, Special Election, May 15, 2018; Town of Gilbert, Arizona General Election, August 4, 2020; Town of Marana, Arizona General Election, August 4, 2020.