AZ League Data Portal

  1. CHAPTER 7- FREQUENTLY ASKED QUESTIONS
    1. What is a Nomination Paper? 
    2. What is a Nomination Petition? 
    3. What is E-Qual?  
    4. ARE WE REQUIRED TO TRANSLATE VOTING MATERIALS?     

CHAPTER 7- FREQUENTLY ASKED QUESTIONS

What is a Nomination Paper? 

A Nomination Paper is filed with the city or town clerk, together with the Nomination Petition and Financial Disclosure Statement, and provides written notification of an individual’s desire to become a candidate for office. The Nomination Paper contains the following items: 

  1. Name of the candidate. 
  1. Candidate’s address, which means: 
  1. The candidate’s actual address, or  
  1. If the candidate does not have an actual residence address, a description of the candidate’s place of residence and post office address, or  
  1. If the candidate’s actual residence address is protected,1 a post office box or private mailbox address in the candidate’s city or town, district, ward, or precinct (as applicable). 
  1. The office for which the candidate offers their candidacy. 
  1. The exact way the candidate desires to have the candidate’s name printed on the official ballot. This manner is limited to the candidate’s surname and given name or names, an abbreviated version of such names or appropriate initials. A person’s actual nickname is permissible, but any nickname, abbreviated version or initial of a given name cannot suggest reference to professional, fraternal, religious, or military titles and may not include a slogan, a promotional word or phrase or any word that does not actually constitute a nickname.2 Candidate’s abbreviated names or nicknames may be printed within quotation marks.3 The candidate’s surname must be printed first, followed by the given name or names. 
  1. Date of election. 
  1. Statement on Campaign Finance Law: This statement declares, under penalty of perjury, that the candidate has no final, outstanding judgments of an aggregate of $1,000 or more that arose from failure to comply with or enforcement of campaign finance law.4   
  1. Candidate Declaration: At the time of filing the Nomination Paper, candidates must also file a declaration with sufficient information to indicate that the person, at the time of the election, will be qualified to hold the office sought. State law does not require the declaration to be notarized. The candidate declaration should indicate that at the time of filing the candidate is 18 years old; a qualified and registered elector; and a resident of the city or town for at least one year at the time of the election, or a resident for at least one year of an area annexed to a city or town less than a year prior to an election. At the time the candidate files their Nomination Paper, the candidate must reside in the city, town or district the person proposes to represent.5   
What is a Nomination Petition? 

A Nomination Petition is signed by qualified electors and supports the candidacy for nomination of the individual whose name is on the Nomination Petition. All candidates, except for write-in candidates, must file a Nomination Petition at the time of filing the Nomination Paper and a Financial Disclosure Statement.6 Qualified electors entitled to sign Nomination Petitions s are those who are qualified to vote for the candidate whose Nomination Petition they are signing and must reside in the electoral district in which the candidate is running.7 

With the availability of the E-Qual system from the Secretary of State’s Office, cities and towns have the option to join the State’s candidate portal that allows municipal candidates to electronically gather signatures on their candidate petitions.  

Using the Paper Petition 

The requirements for the paper version of the Nomination Petition can be found in A.R.S. §§ 16-311, 16-314 and 16-315. For example, A.R.S. 16-314 requires that the body of the petition must state the intent of the petitioners, and A.R.S. 16-315 requires that the petition must be 11 inches wide and 8½ inches long and contain 10 lines spaced ½-inch apart with sequential numbering from 1 to 10.8a 8b

The signature portion of the petition must be divided into columns headed by the titles: signature; printed name; address;9 and date of signing. A photograph of the candidate may appear on the Nomination Petition. Also, instructions to circulators must appear on the petition as follows: 

  1. All petitions must be signed by circulators. 
  1. Circulator is not required to be a resident of this state but otherwise must be qualified to register to vote in this state and, if not a resident of this state, must register as a circulator with the Secretary of State.10 The procedure for registration of out-of-state circulators is in the  State Elections Procedure Manual. 
  1. Circulator’s name must be typed or printed under the circulator’s signature. 
  1. Circulator’s residence address or a description of residence location. 

In response to a U.S. Supreme Court decision, state law was changed in 1999 to only require petition circulators to be qualified to register to vote rather than a qualified elector.11 Municipalities may interpret the law in the broadest sense and only require petition circulators for municipal issues to be qualified to register to vote in the State of Arizona rather than qualified to register to vote in a particular city or town. This appears to be most consistent with the intent of the Court decision. If the circulator is not a resident of Arizona, they are required to register with the Secretary of State.12 

It is necessary to include a certification on each Nomination Petition stating that each of the names on the petition was signed in the presence of the circulator on the date indicated and that in the petition circulator’s belief, all signers of the Nomination Petition are qualified electors who reside at the address given.13 A person may sign a Nomination Petition for only one candidate for each office unless there is more than one vacancy to be filled at the election. The signer of the Nomination Petition must possess the qualifications to vote for the candidate.14 

What is E-Qual?  

Using the E-Qual (Candidate Portal) System 

The Secretary of State provides a system known as E-Qual to all cities and towns that allows a qualified elector to electronically sign a Nomination Petition for a municipal candidate by providing a method for the qualified elector’s identity to be properly identified through the statewide voter registration database.15  

The E-Qual system is optional to use by the cities and towns, the candidates, and the voters.  If the city or town participates in E-Qual, a candidate may choose to collect up to the minimum number16 of Nomination Petition signatures. If the city or town does not participate in E-Qual, a candidate or voter cannot utilize the system for the municipal election. 

E-Qual requires personal information to access the person’s voter registration record, including first and last name, date of birth, driver’s license number, or the voter registration number and the last 4 digits of the person’s social security number. Once the voter information is verified, the available petitions are displayed by election for the voter to “sign” by checking on the name of the candidate for whom the person wishes to sign a petition. The voter has an opportunity to confirm the signature and will receive a confirmation number. The voter’s personal information needed to access E-Qual is not shared with any candidate or any candidate committee although the candidate will be able to view the name and address of the voter, like a paper petition. 

Municipal Option: For the system to be operational for any candidate or voter in the jurisdiction, the municipality must opt into the system by contacting the Secretary of State’s Office to be onboarded to E-Qual. “Onboarding” means receiving instructions to gain administrative access and setting up your election to create a petition for the candidates and to allow voters to sign the petition. The Secretary’s Office requires the name of your jurisdiction; a list of districts, if any: text for the online Nomination Petition; and the open municipal offices for the election cycle. While there is no deadline to join E-Qual, it is recommended that if a municipality decides to participate in the system, the clerk set-up the portal with sufficient time to allow candidates to use the system at the same time the candidate packets are made available by the clerk.  

Generally, these are the steps to set-up E-Qual: 

  • Contact the Secretary of State’s Office to access onboarding materials and gain administrative access;  
  • Review materials and access the testing site; 
  • Configure your city or town to use E-Qual and set-up your election, including notifications for when a candidate creates or submits a petition; 
  • Configure election filing dates and determine your filing process for E-Qual users (in-person, electronic or online submission via E-Qual); 
  • Create a Candidate Guide and Voter Guide (templates are available from the Secretary’s Office); 
  • Manage the election in E-Qual through the end of the filing period; and  
  • Process the petitions as established by your jurisdiction.  

It is strongly encouraged that the city or town receive Council approval prior to joining E-Qual since it is a new system for municipalities and the elected officials, staff, and public may have questions about its use. Use of E-Qual does not change any statutory requirements relating to Nomination Petitions and it is strongly recommended that the city or town consistently apply the same procedures and requirements to the paper and electronic petition processes.17  

Candidate Option: Once the city or town sets up the E-Qual system, a municipal candidate may create an account and create online petitions. The candidate may share a direct link to the petitions that can be posted on the candidate’s website, email, or social media communications. The clerk must provide a Candidate Guide to assist a candidate with establishing an account, creating petitions, and managing the petitions, including printing or submitting the petitions.  

Voter Option: If the jurisdiction and the candidate are participating in E-Qual, a voter has the option to sign the petition electronically. The clerk must provide a Voter Guide to assist the voter with accessing the portal.   

The E-Qual system can be a useful resource for cities and towns; however, the decision to participate depends on many factors, including the time and resources for staff to set-up the system, create notifications and Guides, and manage the portal; the interest by candidates to use the portal; and the public’s reaction to a new electronic system. Cities and towns that are interested in the system are encouraged to contact the Secretary of State’s Office for more information.  

ARE WE REQUIRED TO TRANSLATE VOTING MATERIALS?     

While a city or town is currently not a “covered entity” that is subject to the requirements of the Voting Rights Act, Arizona’s Secretary of State strongly encourages cities and towns to provide voting materials and language assistance in Spanish and other languages (see below). 

After the U.S. Supreme Court’s decision in Shelby County v. Holder, 570 U.S. 529 (2013), the State of Arizona is no longer a covered jurisdiction that is required to provide all voting materials in Spanish under the federal Voting Rights Act, Sections 4(b), 4(f)(3), and 4(f)(4). Certain counties in Arizona, however, are currently independently covered under Section 203 of the Voting Rights Act and therefore have an obligation to print (in the case of written languages) and/or provide (in the case of historically unwritten or oral languages) “voting materials” 18 in additional languages for various minority language groups:  

  • Apache County: Navajo 
  • Coconino County: Navajo  
  • Gila County: Apache  
  • Graham County: Apache  
  • Apache County: Navajo, Pueblo 
  • Coconino:  Paiute, Hopi, Navajo
  • Gila: Apache 
  • Graham: Apache 
  • Maricopa County: Spanish  
  • Mohave: Paiute 
  • Navajo County: Navajo, Hopi 
  • Pima County: Spanish  
  • Pinal County: Apache 
  • Santa Cruz County: Spanish 
  • Yuma County: Spanish19 

Each “covered entity” (e.g., each county above) is responsible for providing voting materials 20a 20b in the required language(s) for all elections within the covered jurisdiction, including the elections of each municipality within the covered jurisdiction.21a 21b   

The League has translated some election materials in Spanish, but they are provided as samples for your convenience only. Clerks must contact their counties for more information about language services and translations.  

  1. A.R.S. § 16-153.
  2. A.R.S. 16-311(G).
  3. See Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (June 3, 1968) (reasoning that if a candidate has been known for many years socially and professionally under a certain name, it may be acceptable use if there is no confusion or doubt as to the candidate’s identity).
  4. A.R.S. § 16-311(D).
  5. A.R.S. § 16-311(B), (D).
  6. A.R.S. § 16-314(A) (stating a nomination petition is filed “in addition to the nomination paper required).”
  7. A.R.S. § 16-321 (B), (F).
  8. A.R.S. §§ 16-314, 16-315. 
  9. A.R.S. 16-311.
  10. A.R.S. § 16-315(D). See also State Elections Procedures Manual, Ch. 14 Regulation of Petition Circulators, II. Circulator Registration and Disclosure Requirements. 
  11. Buckley v. Am. Const. L. Found., Inc., 119 S. Ct. 636 (1999).
  12. A.R.S. § 16-321 (D).
  13. A.R.S. § 16-321 (D).
  14. A.R.S. § 16-321 (A), (B). 
  15. A.R.S. § 16-317.
  16. It is important to note that statute only allows the minimum number of signatures to be collected via E-Qual and a candidate may want to gather additional signatures on a paper form if they desire to collect more than the minimum.
  17. For example, a Statement of Interest must be filed by the candidate prior to gathering signatures regardless if the candidate uses a paper form or E-Qual.
  18. Section 203 of the Voting Rights Act defines “voting materials” as “registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots.” 52 U.S.C. § 10503(b)(3)(A). The term should be broadly construed to apply to all stages of the electoral process. 28 U.S.C. § 55.15. Accordingly, the term encompasses both written and oral communication.
  19. Voting Rights Act Amendments of 2021, Determinations Under Section 203, available at this webpage.
  20. 28 C.F.R. § 55.19(a). Written voter materials include: registration and voting notices; forms; instructions; in-person assistance; ballots (including accessible ballots and the accompanying audio translation); and any other materials or information relating to the electoral process. 28 C.F.R. § 55.15. See also Application of Minority Language Requirements, Ariz. Op. Atty. Gen. No. 76-1 (1976).
  21. 28 C.F.R. § 55.10(a)-(b); 28 C.F.R. § 55.9. Where the language of the applicable minority group is oral or unwritten, the covered jurisdiction is only required to provide oral instructions, assistance, or other information relating to registration and voting, including voting by mail, in the covered language. 2 U.S.C. § 10503(c). Measures that may contribute to this process include using bilingual registrars, placing bilingual poll workers at voting locations, and making announcements over minority language radio and television stations. See 28 C.F.R. § 55.18(c)-(e); 55.20.  A covered jurisdiction may attempt to use cost effective methods of compliance if they are equivalent in their effectiveness to more costly methods. 28 C.F.R. § 55.16. This may include implementing a system that provides translated voting materials to fewer than all registered voters, so long as the system is designed and implemented in a way that ensures language minority group members who need translated materials and assistance can receive them. 28 C.F.R. § 55.17.