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CHAPTER 1- INTRODUCTION

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CHAPTER 1

Constitutional & Statutory Provisions Governing Municipal Elections

Municipal elections are governed by the Arizona State Constitution (Article VII, Article 13, Article XIII, and Article IV, Section 1, 1(8)) and state law (Title 9, Chapter 7, Article 3; Title 16; and Title 19). State law requires the Secretary of State to create an elections manual and submit it for review to the Governor and the Attorney General by October 1 oof every odd-numbered year. If approved, the Secretary of State Elections Procedures Manual is then issued by December 31 of that same year. State law also generally requires local elections to be conducted in accordance with county election processes subject to exceptions. A.R.S. §§ 9-821, 16-452(B). In December 2025, Governor Hobbs approved the Secretary of State Elections Procedures Manual. The SOS manual became effective on December 22, 2025, and it remains in effect until a new SOS manual is approved by the Governor (which is expected to be December 2027 per state law).

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

Application of State Election Laws to Charter Cities

In the absence of legal restrictions, a charter city has full power to act within the limitations imposed by the Constitution.

In 2021, the Arizona Supreme Court concluded that local election dates were a matter of purely municipal concern and A.R.S. § 16-204.01 does not require a charter city to hold its local elections with state and national elections if its charter provides otherwise. State ex rel. Brnovich v. City of Tucson, 251 Ariz.

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

Mayor & Council: Number, Term Length, and Selection Methods

Number of Councilmembers
A city or town with a population exceeding 1,500 at the time of incorporation must consist of 7 members. A.R.S. § 9-231(B).

A city or town with a population of less than 1,500 at the time of incorporation must consist of 5 members; if the population later increases above 1,500, the council may pass an ordinance increasing the membership to 7, with the additional 2 members to be elected at the first election after the passage of the ordinance. A.R.S. § 9-231(B).


Default Term Length
The default under state law is for cities and towns to elect their councilmembers at large for 2-year terms unless 4-year overlapping terms are approved by the voters. A.R.S. §§ 9-232.02, 9-232.05, 9-272, 9-301.

Voter Approval of 4-Year Terms

If 4-year terms are approved by the voters, the councilmembers will be elected by lot on an alternating basis every 2 years.

For example, residents may vote to fill 3 seats (for 4-year terms) on a 7-member council at one election – and then vote to fill the other 4 seats (for 4-year terms) at the following election. 

Term of Mayor

Unless directly elected, mayors are elected from among the council membership and they serve in that capacity for a 2-year term. A.R.S. §§ 9-232.02, 9-272.


Direct Election of Mayor
General law cities and towns have the option of directly electing their mayor if this option is approved by the voters. A.R.S. §§ 9-232.03, 9-272.01.

At the election, the term of the mayor is designated as 2 years or 4 years.

Repeal of Term Limits

Qualified electors of a town may, by majority vote, enact, enforce, or repeal term limits of the council or mayor. A.R.S. § 9-232.05.

The District System
If a district system is approved by the voters, the council divides the city or town into 6 districts or less with nearly equal population. A.R.S. §§ 9-232.04, 9-273.

Under 4 or 6 member district systems, qualified electors may vote for only 1 councilmember to represent their district; however, all qualified electors may vote for the mayor. Put another way, each councilmember is elected by a separate district, but the mayor is elected at large from all the districts.

Each district must consist of contiguous territory in as compact form as possible. A.R.S. § 9-473(B).

Redistricting

Redistricting is often completed every 10 years after the decennial census to account for population changes. State law prohibits redistricting within 6 months of a city or town election. A.R.S. § 9-473(B).

If applicable, discuss redistricting procedures with your attorneys.

Illegal Use of Public Resources or Influence to Influence an Election

The Legislature has specifically prohibited cities and towns from using public resources “for the purpose of influencing the outcome of elections.” A.R.S. § 9-500.14; Ariz. Op. Atty. Gen. No. I00-020 (Sept. 11, 2000).

  • “Public resources” includes the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the city or town. The Attorney General has opined that “anything of value” can also include an employee’s time during normal work hours. A.R.S. §§ 9-500.14, 16-192; Ariz. Op. Atty. Gen. No. I15-002 (2015).
  • “Influencing the outcomes of elections” means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral. A.R.S. § 9-500.14(H)(2).
  • The prohibition does not include routine city or town communications (messages or advertisements that are germane to the everyday functions of the city or town and that maintain the frequency, scope, and distribution consistent with past practices or are necessary for public safety). Kromko v. City of Tucson, 202 Ariz. 499 (App. 2002).
  • The prohibition does not include “informational pamphlets on a proposed bond election as provided in  A.R.S. § 35-454 if those informational pamphlets present factual information in a neutral manner.” A.R.S. § 9-500.14(A).
  • The prohibition does not include reports of official actions by the governing body. A.R.S. § 9-500.14(A).
  • The Attorney General has also concluded that elected officials may use their official titles in letters or political advertisements so long as no public monies are used to fund such communications. Ariz. Op. Atty. Gen. No. I07-008 (2007); A.R.S. § 16-192.
  • Whether the prohibitions extend to educational or factual materials that do not expressly advocate for or against a measure requires analysis of the specific materials and the circumstances relating to their distribution to determine whether the materials are “for the purpose of influencing the outcome of election.” Ariz. Op. Atty. Gen. No. I00-020 (Sept. 11, 2000).
  • City and town resources, including facilities and equipment, can be used for government-sponsored forums or debates if the city or town remains impartial, the events are purely informational, and the city. or town provides an equal opportunity to all viewpoints. A.R.S. § 9-500.14(C).
  • “Government-sponsored forum or debate” is defined as any event, or part of an event or meeting, in which the city or town is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters. The rental and use of a public facility by a private person or private entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate. A.R.S. § 9-500.14.

Moreover, employees of a city or town cannot use the authority of their positions to influence the vote or political activities of any subordinate employee. A.R.S. § 9-500.14(D).

It is critical that you discuss these prohibitions with your attorneys. Violations of these prohibitions are prosecuted by the county attorney or the Attorney General, and the court may impose a civil penalty not to exceed $5,000, plus any amount of misused funds subtracted from the city or town budget against a person who knowingly violated or aided another person in violating this law.

State law prohibits the use of a municipality’s funds or insurance to pay for these penalties or misused funds. A.R.S. §§ 9-500.14(F), 16-407.01. If an employee or official is found in violation of these prohibitions, that employee or official is personally responsible for paying all penalties and misused funds.

Prohibition on Private Monies for Elections

Notwithstanding any other law, a city or town cannot receive or expend private monies for preparing, administering, or conducting an election (including registering voters). A.R.S. § 16-407.01.

“1487 Complaints”

Any legislator may file a complaint against an official action adopted or taken by the council and require the Attorney General to investigate within 30 days. A violation may result in the loss of the city or town’s state shared revenue. A.R.S. § 41-194.01; Laws 2016, Chapter 35.

chapter 1 – footnotes

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

We are pleased to present the League Municipal Election Manual to serve as a resource for municipal clerks.  The electronic format allows for quicker updates and reduces the possibility of conflicting print versions.

*The Manual is intended for League members only.

**Nothing in this Manual supersedes any law, the Secretary of State’s Elections Procedure Manual, local requirements, or the agreement with the county for election administration services.

**The Manual does not, and is not intended to, constitute legal advice. As laws change and new court decisions are issued, this Manual may contain errors and outdated information. Neither the League nor the League’s General Counsel provides legal advice or legal interpretations unless specifically requested by your city/town attorney.