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 for League members only. Do not share the link to this Manual to non-members or members of the public.
**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 As laws continuously change and new court decisions are issued, this Manual may contain errors and outdated information. Only your attorney can provide assurances that the information in this Manual is up to date, applicable, or appropriate to your situation. While the League and its General Counsel may be able to answer general questions, neither the League nor the League’s General Counse will provide any legal advice or legal interpretation unless specifically requested by a city/town attorney.

CHAPTER 1- INTRODUCTION

Constitutional & Statutory Authority Governing Municipal Elections

Constitutional authority for elections is generally found in the Arizona State Constitution, Article VII, Article 13, Article XIII, and Article IV, Section 1, 1(8). The statutory authority for municipal elections is contained in Title 9 (Chapter 7, Article 3) and Title 19 of Arizona Revised Statutes (A.R.S.): . Moreover, state law requires the Secretary of State to create a State Elections Procedures Manual and submit it for review to the Governor and the Attorney General by October 1 of the year before a general election.¹ If approved, the State Elections Procedures Manual is then issued by December 31 ² of that same year.³  State law also generally requires local elections to be conducted in accordance with county election processes subject to exceptions.⁴

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 constitutional or lawful restrictions, a charter city has full power to act within the limitations imposed by the Constitution. In 2021, the Arizona Supreme Court concluded that local election dates were a matter of purely municipal concern and A.R.S. § 16-204.01 does not require a charter city to hold its local elections with state and national elections if its charter provides otherwise.⁵ While most charters incorporate provisions from state election laws, some charters have unique local provisions that govern how and when local officials will be elected. For these reasons, some of the information in this Manual may not be applicable to certain charter cities. 

Election Dates

Election Dates for Regular Candidate Elections
Notwithstanding any charter⁶ to the contrary, a candidate election (other than a special election to fill a vacancy or a recall election) can only be held on the following dates:⁷

• The first Tuesday in August of an even-numbered year.⁸
• The first Tuesday after the first Monday in November of an even-numbered year.⁹

Dates for Other Elections¹⁰
All other local elections (including special elections to fill vacancies and recall elections, but excluding charter elections and the elections described below^{11a 11b 11c}) must be held on the following dates:¹²

• the second Tuesday in March.
• the third Tuesday in May.
• the first Tuesday in August.
• the first Tuesday after the first Monday in November.¹³

Subject to exceptions, local elections to approve secondary property taxes must be held on the first Tuesday after the first Monday in November in any odd or even-numbered year.¹⁴ Notwithstanding any other law, local elections to approve transaction privilege tax assessments must be held on the first Tuesday after the first Monday in November in an even-numbered year. ¹⁵

Filling a Council Vacancy in a General Law City/Town

*Please note that H.B. 2080 became effective on the general effective date of September 14, 2024. Since the effective date falls between the Primary and the General Election, please discuss H.B. 2080 with your attorneys if any of your councilmember seats on the 2024 Primary ballot are currently vacant or being filled by appointees. If your Primary ballot does not include any councilmember seat that is currently vacant or being filled by an appointee, H.B. 2080 does not impact your municipality during the 2024 election. This section will be updated to reflect H.B. 2080. In the meantime, your attorney may call or email Nancy Davidson at the League for more information about the bill.

If a vacancy occurs less than 30 days before the nomination deadline for the next regularly scheduled candidate election (the nomination deadline is 120 days prior to the next regular candidate election¹⁶), the council must appoint a qualified replacement and the appointee will serve the entire length of the unexpired term.¹⁷  If a vacancy occurs more than thirty days before the nomination deadline for the next regularly scheduled candidate election (the nomination deadline is 120 days prior to the election for that vacant seat¹⁸), the council must appoint a qualified replacement and the appointee will serve until the next regularly scheduled council election.¹⁹ In such a case, the remaining 2 years of the term will be placed on the ballot. Clerks will need to prepare a separate Nomination Petition form for this seat (separate from the standard form for the 4-year terms).²⁰ The 2-year term must be clearly marked at the top of the petition form (to distinguish it from the petitions for 4-year terms). There also must be a separate section on the ballot itself for the 2-year term, which lists those candidates who filed Nomination Petitions for the 2-year term. It is critical that you discuss vacancies with your attorneys. ²¹

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.²² A city or town with a population of less than 1,500²³ at the time of incorporation must consist of 5 members; if the population later increases above 1,500, the council may pass an ordinance increasing the membership to 7, with the additional 2 members to be elected at the first election after the passage of the ordinance.²⁴ 

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.^{25a 25b 25c 25d}

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, the mayor is elected from among the council membership and serves in that capacity for a 2-year term.^26a 26b 

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

Repeal of Term Limits

Qualified electors of a town may, by majority vote, enact, enforce, or repeal term limits of council or mayor.²⁷

The District System
If a district system is approved by the voters, the council divides the city or town into 6 or less districts with nearly equal population.^31a 31b Under a four- or six-member district system, qualified electors may vote for only one councilmember to represent their district; however, all qualified electors may vote for the mayor. Put another way, each councilmember is elected by a separate district, but the mayor is elected at large from all the districts. Each district must consist of contiguous territory in as compact form as possible.³⁴

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.³⁵ If applicable, discuss redistricting procedures with your attorneys.³⁶

Illegal Use of Public Resources to Influence an Election

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

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

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

City and town resources, including facilities and equipment, can be used for government-sponsored forums or debates if the city or town remains impartial, the events are purely informational, and the city. or town provides an equal opportunity to all viewpoints.⁴⁶ “Government-sponsored forum or debate”is defined as any event, or part of an event or meeting, in which the city or town is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.⁴⁷ The rental and use of a public facility by a private person or private entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.⁴⁸

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

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

Prohibition on Using Private Monies for Elections

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

“1487 Complaints”

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

chapter 1 – footnotes

1. A.R.S. § 16-452(B).
2. A.R.S. § 16-452(B).
3. For the latest approved version of the State Elections Manual, go to the Arizona Secretary of State’s website.
4. A.R.S. § 9-821.
5. State ex rel. Brnovich v. City of Tucson, 251 Ariz. 45, ¶ 33 (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 § 16-204 does not preempt city charters that require odd-numbered year election dates because “state-mandated election alignment, when it conflicts with a city’s charter, improperly intrudes on the constitutional authority of charter cities”). Even if a municipality has authority to hold a local election on different date, however, the county may be unwilling to conduct an election for the municipality unless it is held on a consolidated election date.
12. A.R.S. § 16-204(F) (in contrast to subsection E that addresses local candidate elections, subsection F does not say “notwithstanding any other law or any charter or ordinance to the contrary” when it comes to non-candidate local elections).
13. A.R.S. § 16-204(F).
14. A.R.S. § 16-204(F)(4).
15. A.R.S. § 16-204(F)(4).
16. A.R.S. § 16-311.
17. A.R.S. § 9-235.
18. A.R.S. § 16-311.
19. A.R.S. § 9-235. This applies only if your council has 4-year terms and does not affect charter cities.
20. Memorandum from Joni Hoffman, Gen. Couns., League of Ariz. Cities & Towns, to Ken Strobeck, Exec. Dir., League of Ariz. Cities & Towns (Apr. 27, 2012) (explaining A.R.S § 9-235 and providing an example of application).
21. Hendrix v. Town of Gilbert, et al., CV 2020-009892 (Maricopa Cnty. Sup. Ct., Sept. 11, 2020) appeal denied (holding that a candidate who won at the primary election to fill the remainder of a 2-year term because of a vacancy must be seated on the general election date and not the January date specified in the town code establishing council member terms).
22. A.R.S. § 9-231(B).
23. Population is based on the latest official United States census. A.R.S. § 9-231(B).
24. A.R.S. § 9-231(B).
25. A.R.S. §§ 9-232.02, 9-272, 9-301. See also A.R.S. § 9-232.05 (authorizing voter initiatives to enact, enforce, or repeal the term limits of councilmembers and the mayor).
26. A.R.S. §§ 9-232.02, 9-272.
27. A.R.S. § 9-232.05.
28. A.R.S. §§ 9-232.02, 9-272.
29. A.R.S. §§ 9-232.03, 9-272.01.
30. A.R.S. §§ 9-232.03. 9-272.01.
31. A.R.S. §§ 9-232.04, 9-273. Several cities and towns use a district or ward system, such as Phoenix (district), Tucson (ward), Mesa (district), Glendale (district), Peoria (district), and Surprise (district).
32. It should be noted that this option automatically provides for direct election of the mayor instead of having the official chosen by the council; however, the mayor still serves as a member of the council.
33. A.R.S. § 9-273.
34. A.R.S. § 9-473(B).
35. A.R.S. § 9-473(B).
36. A city or town that intends to redistrict should discuss and provide advance notice to the county if the county will be administering the election of the city or town. Many cities and towns follow the best practices that are outlined in the U.S. Elections Assistance Commission’s Local Officials’ Guide to Redistricting (2021), as may be amended. To determine whether there are updates to the Commission’s Guide, go to this website: https://www.eac.gov/election-officials/local-electionofficials-guide-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.

CHAPTER 2 – VOTERS

Who is eligible to vote?

A city or town clerk has no statutory duty to determine the qualifications of voters. To be eligible to vote, a registrant must be both: 

1. timely registered for a particular election^1a 1b 1c (i.e., registered in the jurisdiction at least 29 days before the date of the election), and 
2. a “qualified elector” in a particular jurisdiction. 

In general, a “qualified elector” is a person who is:

• qualified to register to vote and is properly registered to vote (i.e., included on the voter registration rolls) in the jurisdiction in question; and
• will be at least 18 years old on or before the date of the next general election.

A registrant remains a qualified elector unless: 

• the registrant moves to another jurisdiction;
• has their voting rights revoked due to felony conviction or incapacity;
• has their registration canceled pursuant to A.R.S. § 16-165(A)^{2a 2b 2c 2d}; or
• the person no longer qualifies as a resident as prescribed in A.R.S. § 16-101(B).

Who is Qualified to Register to Vote?³

A city or town clerk has no statutory duty to register any voter or determine whether a person is qualified to register to vote. A person is qualified to register to vote in Arizona ^{4a 4b 4c 4d} if the person: 

• is a U.S. citizen (and provides proof of U.S. citizenship to be eligible to vote a full ballot as prescribed in A.R.S. § 16-166);^5a 5b
• will be 18 years old on or before the date of the next general election;
• will have been an Arizona resident for at least 29 days prior to the next election, except as provided in A.R.S. § 16-126;^{6a 6b 6c}
• can write their name (or make their mark), unless prevented from doing so by physical disability;⁷
• has not been convicted of treason or a felony, unless their civil rights have been restored;^8a 8b
• has not been adjudicated an “incapacitated person” by a court with their voting rights revoked, as defined in A.R.S. § 14-5101.^9a 9b

A person is presumed to be properly registered to vote upon the completion of a voter registration form that meets the requirements in A.R.S. §§ 16-101, 16-152, and 16-121.01.

What is the “Residence” of the Voter for the Purpose of Voter Registration?

In general, the “residence” of a person is that place in which their habitation is fixed and to which they have the intention of returning.

• For voter purposes, “resident” of the State of Arizona means an individual: (1) with “actual physical presence” in Arizona for the 29-day period preceding the election and (2) who intends to remain in this state.¹⁰
• For voter purposes, a “resident” of a city or town means the individual has “actual physical presence” within the boundaries (or proposed boundaries^{11a 11b 11c} of the city or town for at least 29 days prior to the election and intends to remain in that city or town.^12a 12b Charter cities may have additional requirements.¹³

A person who is otherwise qualified to register to vote cannot be refused registration or declared ineligible to vote solely because the person does not live in a fixed, permanent, or private structure.¹⁴ A person who does not reside at a fixed, permanent, or private structure may use any of the following places as their registration address:¹⁵ 

1. a homeless shelter¹⁶ “Homeless shelter” is defined as “a supervised publicly or privately operated shelter designed to provide temporary living accommodations to individuals who lack a fixed, regular and adequate nighttime residence.” A.R.S. § 16-121(D).
2. the place at which the registrant is a resident;
3. the county courthouse in the county in which the registrant resides; or 
4. a general delivery address for a post office covering the location where the registrant is a resident.

A registrant may be temporarily absent from the jurisdiction without losing their residency status if the registrant has an intent to return.¹⁷ For example:

• A person does not gain or lose their residency status by reason of their presence at, or absence from, a place while employed in the service of the United States or of this state, or while engaged in overseas navigation, or while a student at an institution of learning, or while kept in prison or mental institution.¹⁸
• A person does not lose their residency status by traveling to another county, state, or foreign country for temporary purposes, with the intention of returning.¹⁹
• A person does not gain residency status in any county they travel to for temporary purposes, without the intention of making that county their home.²⁰
• If a person moves to another state with the intention of making it their residence, they lose residency in this state.²¹
• If a person moves to another state with the intention of making it their current residence and remaining there for an indefinite time, the person loses residency in this state even though they have an intention of returning at some future period.²²
• The place where a person’s family permanently resides is their residence (unless separated from their family) but is not their residence if it serves as a temporary location or is used for transient purposes.²³
• Residency status for federal employees and military personnel is neither gained nor lost by reason of their federal employment. Non-resident military personnel who are stationed in Arizona also do not automatically gain Arizona residency by virtue of their military assignment in Arizona.²⁴
• If a registrant moves to a different state during the 29-day period preceding the next election, the registrant is not a qualified elector (and is therefore ineligible to vote) in Arizona. However, a registrant retains the right to vote in Arizona for President of the United States (and no other races) at the general election during a Presidential election year.^{25a 25b 25c 25d} Requesting a presidential-only ballot requires the county recorder to cancel the registrant’s record “promptly” following the general election.²⁶
• If a registrant moves to a different county during the 29-day period preceding the next election, the registrant remains a qualified elector in the former county for that election and must vote in the former county.²⁷
• y. ^{28a 28b 28c}
• In the case of a change to the registrant’s name, the registrant can also correct the name by providing the new name while voting a provisional ballot pursuant to 16-584 at the polling place.²⁹

Anyone who knowingly procures a false registration is guilty of a Class 6 felony.³⁰ It is also a Class 5 felony for a voter to knowingly vote in more than one jurisdiction in this state for which residency is required for lawful voting and the person is not a resident of all jurisdictions in which the person voted.³¹

What Happen to Residency when Boundaries Change? (e.g. annexations)

If jurisdictional boundaries change during the 29-day period preceding the election, a registrant must have residency within the new boundaries to vote in the next election in that new jurisdiction. This applies to boundary changes brought about by annexation.^{32a 32b 32c}  A registrant who previously resided in a county island, but whose property was annexed into a city or town during the 29-day period preceding an election, is qualified to vote in the city or town’s next election if the registrant resided in the city or town’s new boundaries during the 29-day period before the election.³³  For changes in precinct boundaries due to redistricting, see A.R.S. § 16-165.³⁴

How Does a Person Provide Proof of U.S. citizenship?

Voter registration requires the applicant to provide proof of U.S. citizenship as prescribed in A.R.S. § 16–166 to be eligible for a “full ballot.”^{35a 35b 35c} An applicant can provide any of the following to establish proof of U.S. citizenship.³⁶

• a legible copy of a Birth Certificate issued by a U.S. State (if the person was born in the United States);³⁷
• a legible copy of a “Certification of Report of Birth” or “Consular Report of Birth Abroad” issued by the U.S. Department of State (if the person was born abroad to U.S. citizen parents who registered the child’s birth and U.S. citizenship with the U.S. Embassy or consulate);³⁸
• a legible copy of pertinent pages of a U.S. passport;³⁹
• a legible copy of a Certificate of Citizenship (issued to a person born outside the United States who derived or acquired U.S. citizenship through a U.S. citizen parent);
• a legible copy of a Naturalization Certificate (issued to a person who became a U.S. citizen after 18 years of age through the naturalization process);
• presentation to the county recorder of U.S. naturalization documents or the number of the certificate of naturalization;⁴⁰
• a legible copy of a driver license or non-operating identification issued by a state within the U.S. if the license indicates that the applicant has provided satisfactory proof of citizenship in that state;⁴¹
• the applicant’s Bureau of Indian Affairs Card Number, Tribal Treaty Card Number, Tribal Enrollment Number or census number;⁴² or
• • a legible copy of a Tribal Certificate of Indian Blood or Tribal or Bureau of Indian Affairs Affidavit of Birth.⁴³

Who Maintains Voter Registration Lists?

Voter registration lists rolls are maintained by the counties and may be used by cities and towns to conduct local elections.^{44a 44b} 

For local elections, an intergovernmental agreement (or contract) between the municipality and the county will typically address the county’s responsibility to provide these voter registration lists and any fee obligation. Otherwise, cities and towns will typically enter into an intergovernmental agreement (or contract) with the county recorder to obtain the city’s or town’s registration list.⁴⁵ 

How do Voters Provide Proof of I.D. at the Polling Place?

Every qualified elector is required to show proof of identity at the polling place before receiving a regular ballot. The following forms are acceptable identification.⁴⁶

Acceptable identification with photograph, name, and address of the elector (List 1):

• Valid Arizona driver license
• Valid Arizona nonoperating identification license
• Tribal enrollment card or other form of tribal identification
• Valid United States federal, state or local government issued identification

An identification is “valid” unless it can be determined on its face that it has expired.

Acceptable identification without a photograph that bear the name and address of the elector (2 required) (List 2):

• Utility bill of the elector that is dated within 90 days of the date of the election. A utility bill may be for electric, gas, water, solid waste, sewer, telephone, cellular phone or cable television
• Bank or credit union statement that is dated within 90 days of the date of the election
• Valid Arizona vehicle registration
• Indian census card
• Property tax statement of the elector’s residence 
• Tribal enrollment card or other form of tribal identification
• Arizona vehicle insurance card
• Recorder’s certificate
• Valid United States federal, state, or local government issued identification including a voter registration card issued by the county recorder
• Any mailing to the elector that is marked “Official Election Material”

An identification is “valid” unless it can be determined on its face that it has expired. All items from List 2 may be presented to poll workers in electronic format including on a smart phone or tablet. 

Acceptable forms of identification, one identification with name and photo of the elector accompanied by one non-photo identification with name and address (List 3):

• Any valid photo identification from List 1 in which the address does not reasonably match the precinct register accompanied by a non-photo identification from List 2 in which the address does reasonably match the precinct register 
• U.S. Passport without address and one valid item from List 2 
• U.S. Military identification without address and one valid item from List 2 

An identification is “valid” unless it can be determined on its face that it has expired.

An elector who cannot provide identification is allowed to vote a provisional ballot⁴⁷ or a conditional provisional ballot.⁴⁸

Voter Records

The law prohibits use of precinct registers and certain information derived from the registration forms from being used for any purpose other than political activity, elections, performance of an authorized government official’s duties and news gathering unless specifically authorized by law.^49a 49b The county recorder is responsible for maintaining voter registration lists⁵⁰ Public inspection of voter registration records at the county recorder’s office may be permissible, although certain personal information is confidential.⁵¹ The county recorder must seal the voter registration record of registered voters who have obtained an injunction against harassment, or an order of protection issued by the court. The sealed record requirement applies to any other registered voter in the household. The presiding judge of the superior court may also order the county recorder to seal the voter registration information of certain public officers including judges, commissioners, peace officers, prosecutors, public defenders, or any registered voter who resides at the same residence address as a protected person. 

Voter Rights

The Arizona Constitution provides the voters with distinct rights:

1. All electors are immune from arrest except for treason, felony, or breach of the peace, while attending an election or going to or from an election.⁵²
2. No elector is required to perform military duty on Election Day, except during war or during times of public danger; therefore, no elector need attend a National Guard meeting during peacetime on Election Day.⁵³
3. All electors are guaranteed secrecy in casting their ballots.^54a 54b
4. No person who is qualified to vote in any state, county, city, town, or school district election will be denied the right to vote because of race, color, religion, sex, ancestry or national origin.⁵⁵
5. Employees are allowed absence from their regular employment on Election Day for the purpose of casting their ballots if they do not have 3 hours from the opening of the polls until the beginning of the work shift or from the end of the work shift until the closing of the polls.^{56a 56b 56c} In such case, the employee is only allowed the time needed to provide a 3-hour period from either the opening or closing of the polls and the beginning or end of the work shift.⁵⁷

CHAPTER 2 – FOOTNOTES

1. A.R.S. § 16-407.01.
2. A.R.S. § 41-194.01 (commonly referred to as “1487 Complaints” because Senate Bill 1487 (2016) and codified A.R.S. § 41-194.01). In 2021, the statute was amended to expand the scope of these investigations to include “any written policy, written rule or written regulation adopted by any . . . city or town” if it failed to repeal or resolve the alleged violation within 60 days after receiving notification of the allegation; however, this portion of the statute was held unconstitutional as violating the single subject rule. See City of Phoenix. v. State, CV2021-012955 (Maricopa Sup. Ct., Nov. 03, 2021). 
3. A.R.S. § 41-194.01.
4. ^[1] A.R.S. § 16-101(A)(2). A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” Under existing law, a registrant who used a Federal Form and does not submit DPOC is eligible to vote for federal offices only and cannot sign state/local candidate, initiative, referendum, and recall petitions.  Voter Registration, Ariz. Op. Atty. Gen. No. I13-011 (2013). Starting January 1, 2023, a registrant must submit DPOC to be eligible to vote for either ballot. See H.B. 2492 voter registration; verification; citizenship (Chapter 99).  Soon after the law was enacted, the federal government and a group of private plaintiffs, including voting-rights groups and Democrats, went to federal court in Arizona to challenge H.B. 2492. They argued that the NVRA supersedes Arizona’s requirement to submit proof of citizenship to vote for president or by mail. In August 2024, a divided U.S. Supreme Court granted the request to enforce the requirement that residents provide proof of citizenship to register to vote using a form provided by the state pending disposition of the appeals in the U.S. Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if any such writ is timely sought; the Court turned down the request, however, to reinstate the portion of the same law that bars voters who register using a standard federal form from voting for president or by mail unless they provide proof of citizenship.
5. A.R.S. § 16-121(A).  Currently, adjustments to voter rolls are periodic with no specific time frame in statute. Starting on September 24, 2022, specific obligations are imposed on the Attorney General and county recorders regarding the cancelation of voter registration and removal of registrants from the Active Early Voters List or “AEVL” (S.B. 1477, H.B. 2243, S.B. 1260). 
6.  The voter registration law should be construed to uphold the citizen’s right to vote. Abbey v. Green, 28 Ariz. 53, 72 (1925).
7.  Ariz. Const. Art. VII, § 2; A.R.S. §§ 9-822(A), 16-101; 16-126(A); 16-152(E).
8. A.R.S. § 16-121 (A).  A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” An otherwise eligible registrant who does not submit DPOC and whose U.S. citizenship cannot be verified via AZMVD records or other record in the statewide voter registration database is registered as a “federal-only” voter. A “federal-only” voter is eligible to vote solely in races for federal office in Arizona (including the Presidential Preference Election (PPE)).  Starting January 1, 2023, a registrant must submit DPOC to be eligible to vote either ballot. See H.B.2492 voter registration; verification; citizenship (Chapter 99).  H.B. 2492 is the subject of four lawsuits. 
9. A.R.S. § 16-121(A). If a registrant will be at least 18 years old on or before the next statewide general election but will not be at least 18 years old by the next local election, the registrant remains qualified to register to vote but is not a qualified elector for that next local election. Similarly, if a registrant will turn 18 years old before the next general election but will be 17 years old at the time of the primary election, the registrant may register but is not entitled to vote in the primary election.
10. A.R.S. § 16-101(B) (defining resident and providing that an individual only has one state residence for voting purposes).  The person must provide proof of location of residency in a form prescribed in A.R.S. § 16-579(A)(1) (unless the person is registering pursuant to A.R.S. § 16-103). Starting January 1, 2023, a registrant must submit proof of location of residency for both the full ballot and the federal only ballot (unless registering as temporarily absent from the state).  See H.B. 2492 voter registration; verification; citizenship (Chapter 99).  Under H.B. 2492 (Chapter 99), a valid and unexpired AZ driver license (or nonoperating identification number) satisfies proof of location. The proof of location of residence does not satisfy residency requirements – it only confirms the address.  Additionally, H.B. 2492 outlines the information that must be disclosed by the registrant on the voter registration form and outlines the steps election officials must follow to verify citizenship when processing voter registration forms. Unless otherwise provided by law, H.B. 2492 also prohibits political subdivisions from registering a person to vote if they did not affirmatively request it. 
11.  A.R.S. § 16-101(A)(4).
12.  Ariz. Const. art. VII, § 2; see also A.R.S. § 16-101.
13.  A.R.S. § 16-101 (A); see also A.R.S. § 14-5101 (defining “incapacitated person”). 
14. A.R.S. § 16-101(B).  
15. A.R.S. § 16-101(B). If otherwise qualified as an elector, an elector that resides for at least 29 days in an area that has been annexed to the city or town may also vote in such election.  A.R.S. § 9-822(B). See also A.R.S. § 16-593 (providing rules for determining residence).
16. A.R.S. §§ 16-101(B); 9-822.  An individual only has one city or town residence for voting purposes. 
17. A.R.S. § 9-822(A).
18. A.R.S. § 16-121(C). 
19. See A.R.S. § 16-121.
20. “Homeless shelter” is defined as “a supervised publicly or privately operated shelter designed to provide temporary living accommodations to individuals who lack a fixed, regular and adequate nighttime residence.” A.R.S. § 16-121(D).
21. A.R.S. § 16-103. 
22. A.R.S. § 16-593(A), (C).
23. A.R.S. § 16-593(A), (C).
24. A.R.S. § 16-593(A), (C).
25. A.R.S. § 16-593(A), (C).
26. A.R.S. § 16-593(A), (C).
27. A.R.S. § 16-593(A), (C).
28. Ariz. Const., art. VII, §§ 3, 6.
29. A.R.S. § 16-126.  Starting September 24, 2022, H.B. 2493 requires voter registration applications to state that registration will be canceled if a registrant permanently moves to another state.  Starting September 24, 2022, new bills also impose various obligations on the Secretary of State and county recorders regarding the removal of registrants from the Active Early Voters List and removal from the voter registry. See, e.g., H.B. 2493, S.B. 1260, S.B. 1477).
30. A.R.S. § 16-165(A)(6).
31. A.R.S. § 16-125.
32. A.R.S. §§ 16- 122, 16-135, 16-584.
33. A.R.S. § 16-137.
34. A.R.S. § 16-182. A false registration is the procurement of a registration to which one is not entitled as an elector of any county, city, town, or precinct. Any person who procures or attempts to procure the registration of another, knowing the registration is false and erroneous, suffers the same penalty as one who would procure the registration for himself. Upon conviction of such charge, the courts will enter an order to cancel the erroneous registration.
35. A.R.S. § 16-1016(A).
36. A.R.S. § 16-101(B). If otherwise qualified as an elector, an elector that resides for at least 29 days in an area that has been annexed to the city or town may also vote in such election.  A.R.S. § 9-822(B).  See also A.R.S. § 16-593 (providing rules for determining residence).
37. A.R.S. § 9-822(B).
38. A.R.S. § 16-412.
39. A.R.S. § 16-166 (F), (G), (H).  A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” Under, existing law, a registrant who used a Federal Form and does not submit DPOC is eligible to vote for federal offices only. Starting January 1, 2023, a registrant must submit DPOC to be eligible to vote for either ballot. See H.B. 2492 voter registration; verification; citizenship (Chapter 99). H.B. 2492 is the subject of at least four lawsuits.
40. A.R.S. § 16-166 (F). 
41. A.R.S. § 16-166 (F)(2).  If the name on the birth certificate is not the same as the applicant’s current legal name, the applicant must provide supporting documentation such as marriage certificate or court-documented name change. 
42. 22 U.S.C. § 2705(2).  If the name on the birth certificate is not the same as the applicant’s current legal name, the applicant must provide supporting documentation such as marriage certificate or court-documented name change.
43. A.R.S. § 16-166 (F)(3). 
44. A.R.S. § 16-166 (F)(4). 
45. A.R.S. § 16-166 (F)(1).  If the applicant has an Arizona driver license or non-operating identification issued after October 1, 1996, the number is inserted on the front of the Arizona Voter Registration form – this number serves as proof of U.S. citizenship.  
46. A.R.S. § 16-166 (F)(6). 
47. See the Secretary of State’s Election Procedures Manual. 
48. A.R.S. §§ 9-823, 16-172.
49. A.R.S. § 16-172(A).
50. A.R.S § 16-579(A).
51. A.R.S. § 16-584.
52. A.R.S. § 16-579(A)(2). 
53. A.R.S. §§ 16-153, 16-168.
54. A.R.S. § 9-823(F). 
55. A.R.S. § 16-168(F).

CHAPTER 3 – CANDIDATES

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

CANDIDATE QUALIFICATION – GENERAL REQUIREMENTS¹

CANDIDATE QUALIFICATION – GENERAL REQUIREMENTS ¹

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

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

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

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

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

• Attorneys: The Arizona Supreme Court has determined that being a member of the State Bar does not disqualify a person from serving as a mayor or councilmember.⁹ 
• Federal employees: Employees in the executive branch of the federal government are generally not permitted to take an active part in political management or in political campaigns. ¹⁰ For example, a special regulation of the Civil Service Commission allows federal employees living in Sierra Vista and Huachuca City, Arizona to run for municipal office as independent candidates so long as serving in these dual roles does not result in the neglect of, or interference with, the performance of the employee’s duties and does not create a conflict, or apparent conflict, of interest. ^11a 11bThe basis of this exception is the large percentage of federal employees residing in these municipalities.
• State employment: State employees, under the jurisdiction of the state personnel system, are prohibited from being nominated for or being elected to any paid office by statute. ^12a 12b Officers and employees of State universities, colleges, and public schools are specifically exempt from the authority of the Arizona State Personnel System; thus, would not be prohibited from holding municipal office.¹³

RUNNING AS A CANDIDATE BY NOMINATION PETITION

In Arizona, individuals may be nominated to run for office by a petition process. The individual must first file a Statement of Interest with the clerk. ^{14a 14b 14c} This form is not a formal declaration of candidacy, and it does not guarantee that the candidate’s name will appear on the ballot. 

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

• a Nomination Paper (which includes the required candidate declaration);
• a Financial Disclosure Statement;
• a Nomination Petition; ^{15a 15b 15c 15d}
• a Statement of Organization;
• Campaign Finance Report form; and
• a link to the Campaign Finance – Candidate Guide published by the Secretary of State as required pursuant to A.R.S. §§ 16-926, 16-938. ¹⁶

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

Once the individual obtains the required minimum number of signatures on the Nomination Petition, the individual is required to file the Nomination Petition, Nomination Paper, and Financial Disclosure Statement with the city or town clerk no later than 5:00 p.m. on the last day for filing such papers (not less than 120 days nor more than 150 days before the primary election date). ¹⁷

Any candidate who does not file a complete and timely Nomination Paper is not eligible to have their name printed on the official ballot. ¹⁸ The clerk is also prohibited from accepting a  Nomination Paper from a candidate who owes $1,000 or more in fines, penalties, late fees or administrative or civil judgments including any interest or costs due to campaign finance violations. ^19a 19b This prohibition does not apply if the penalty is under appeal. ²⁰

Number of Signatures Required

The minimum number of signatures required ²¹ on a Nomination Petition is contingent upon the office the candidate is seeking. 

• Under the default rule for city and town elections, the minimum number is based upon the number of votes cast at the last preceding election computed according to the formulas specified below. 
• As an alternative, state law allows a city or town to adopt an ordinance that sets the minimum number for at-large mayoral or council candidates at 1,000 signatures or 5% of the total votes cast in the municipality, whichever is less, so long as the minimum number does not exceed 10% of the total votes cast in the municipality. 
• A city with districts or wards may adopt an ordinance to set the minimum number for council candidates at 250 signatures or 5% of the vote in the district whichever is less.²²

Number of signatures under the default rule

Number of signatures under the alternative rule

Clerk’s Ministerial Duties Relating to Nomination Forms 

There is no statutory requirement for the clerk to verify if a candidate meets the qualifications, including residency of the candidate.²⁸  A candidate’s eligibility is vested with the courts and must be addressed in the candidate challenge process pursuant to A.R.S. § 16-351.²⁹  Any person may challenge the candidate in superior court during the challenge period after³⁰ the filing deadline.³¹ The clerk needs only to determine that the nomination forms are substantially in regular form and contain the requisite minimum number of signatures. Except for charter authority or the statutorily prescribed reasons below, it is the duty of the courts and not the clerk to determine the legal sufficiency of the Nomination Petition .³²  

Reasons to Reject a Candidate Filing 

Pursuant to state law and the approved State Elections Procedures Manual,³³ the clerk may³⁴ reject a candidate filing for any of the following reasons: 

1. Failure to file enough Nomination Petition signatures.³⁵ 
2. Failure to file nomination documents by the statutory deadline.³⁶  
3. Failure to file all the required documents to run for office (except that failure to file a Statement of Interest is not a basis to reject a filing, although it renders signatures collected prior to filing a Statement of Interest subject to challenge).^{37a 37b} 
4. Failure to fully or properly complete any required document to run for office, including: 
   • Failure to sign a document that requires a signature (an electronic or type-written signature may be permissible).
   • Failure to select a required checkbox or answer a required question. 
   • Use of an honorific or other unauthorized title on a Nomination Paper, including a slogan, a promotional word or phrase or any word that does not actually constitute a nickname.³⁸ However, when possible, the clerk should reject the unauthorized or honorific title in lieu of rejecting the Nomination Paper altogether. 
5.  Failure to use the correct form or correct version of any required document, as prescribed by the clerk, to run for office.³⁹ 
6. Seeking more than one office at the same time if the candidate would be prohibited from serving in the offices simultaneously.⁴⁰  However, some candidates may simultaneously run for certain school district positions or federal office – talk to your attorney before rejecting based on this provision. 
7. If a candidate for office is liable for an aggregate of $1,000 or more in fines, penalties, late fees, or administrative or civil judgments, including any interest or costs, that have not been fully paid at the time of the attempted filing of the Nomination Paper and the liability arose from campaign finance violations under Title 16, Ch. 6, unless the liability is being appealed.^{41a 41b 41c}

Person Withdrawing a Signature from a Nomination Petition

Person Withdrawing a Signature from a Nomination Petition ⁴²

1. Verify the withdrawal by signing a simple statement of intent to withdraw with the clerk.
2. Mail a signed, notarized statement of intent to withdraw to the filing officer.
3. Draw a line through the signature and printed name on the petition.⁴³ 

A properly withdrawn signature cannot be counted in determining the legal sufficiency of the petition.⁴⁴ 

Court Action to Appeal the Validity of a Nomination Petition 

An elector may file a court action challenging a Nomination Petition but must do so by 5:00 p.m. of the 10th day, excluding Saturday, Sunday and other legal holidays, after the last day for filing the Nomination Papers and Nomination Petitions.⁴⁵  Any such action must be heard by the Superior Court within 10 calendar days after the filing and this decision is only appealable if a notice of appeal is filed with the Arizona Supreme Court within 5 calendar days.⁴⁶  The appeal can allege that the petitions were not completed properly.^{47a 47b}  All challengers are required to specify in the action the petition number, line number, and basis for dispute for each signature in question.  

The clerk is statutorily named as a party to the action and automatically receives “service of process” in any action challenging a Nomination Petition.  The clerk is the designated agent for the person filing a Nomination Petition and, therefore, must immediately mail a copy of the challenge to the candidate and notify the candidate by telephone⁴⁸ of the court complaint.⁴⁹  The clerk must also immediately notify the county recorder(s) named in the challenge and provide the county with a copy of the challenge and a copy of the front sides of the Nomination Petitions (if applicable) filed by the challenged candidate.⁵⁰  The county recorder or other election officer who performed signature verification must be prepared to provide testimony and other evidence on request of the parties to the challenge.⁵¹  

A candidate may also be challenged on grounds relating to the qualifications for office, as prescribed by law, including age or residency or if the candidate has failed to fully pay fines, penalties, or judgments for campaign finance violations. The court may also disqualify a candidate for petition forgery.⁵² 

Financial Disclosure Statement  

Two categories of persons are required to file Financial Disclosure Statement: 

• Public officers who hold a political or judicial office;⁵³ and ⋅  
• Candidates for elective office.⁵⁴ 

In general, public officers and candidates file the same Financial Disclosure Statement form; the only differences are: (1) the period covered by the Financial Disclosure Statement; and (2) the Financial Disclosure Statement that applies to for local officers and local candidates may be modified based on local requirements.^55a 55b 

The Financial Disclosure Statement may be filed electronically (e.g., by email) or in a paper format (in person or by mail).⁵⁶  It must be filed prior to the filing the Nomination Paper.⁵⁷  

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

Any public officer, local public officer or candidate who knowingly fails to file a Financial Disclosure Statement, knowingly files an incomplete Financial Disclosure Statement, or knowingly files a false Financial Disclosure Statement is guilty of a class 1 misdemeanor and is subject to a civil penalty of $50 for each day of noncompliance (but not more than $500) as prescribed in sections A.R.S. §§ 16-937 and 16-938.⁵⁸ 

RUNNING AS A WRITE-IN CANDIDATE 

Filing Requirements

In addition to the qualification requirements described above, a person seeking to be a write-in candidate must file a Write-In Nomination Paper and Financial Disclosure Statement with the city or town clerk by 5:00 p.m., not earlier than 150 days before the election and not later than 40 days prior to the election.^{59a 59b}  A write-in candidate seeking to fill a vacancy that occurs after the official ballots have been printed must file no later than 5 days before the election.^{60a 60b} The Write-In Nomination Paper must be signed by the candidate and include the information outlined in A.R.S. § 16-312(A).  

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

A.R.S. §§ 16-312(B)(1); 16-343.

Failing to qualify as a write-in candidate

Failing to qualify as a write-in candidate ⁶¹

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

1. the person filed a Nomination Petition for the primary election and failed to submit enough valid signatures; 
2. the person withdrew their candidacy from the primary election after a petition challenge in court; or  
3. the person was removed from the primary election ballot or otherwise found to be ineligible by a court of law.⁶²   

If the person ran and lost in the preceding primary election, that candidate cannot seek a write-in candidacy in the general election for the same office.⁶³ In addition, if the candidate did not receive the requisite number of votes required to proceed to the general election, that candidate cannot seek a write-in candidacy in the general election for the same office.⁶⁴ 

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

The clerk may not accept a Write-In Nomination Paper ⁶⁵ from a person who is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of the state campaign finance laws.⁶⁶  

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

Providing Notice of the Write-In Candidates. 

The city or town clerk must provide notice to the county election board inspector of those persons properly filed as write-in candidates.⁶⁷  The inspector is required to post this notice of the official write-in candidates in a conspicuous location within the polling place.⁶⁸ 

Certifying Votes for Write-In Candidates 

Certifying Votes for Write-In Candidates ⁶⁹ 

To proceed to a runoff after a primary election, or to receive a certificate of election after a general or runoff election, a write-in candidate must receive a number of votes that is equal to or greater than the number of required signatures for nominating petitions for the same office.⁷⁰

FILLING A VACANCY AFTER A PRIMARY ELECTION 

If a candidate for a local nonpartisan election whose name is scheduled to appear on the general election ballot dies, withdraws or is disqualified, no other name can be substituted on the ballot.⁷¹ If the ballot is already printed, it is not necessary to reprint the ballot.  

If such a vacancy occurs, the city or town clerk must notify the appropriate county elections inspector.⁷²  

The city or town may be subject to specific requirements related to vacancies under its local code and the intergovernmental agreement with the county for election services. The inspectors will post the notice of vacancy in the same manner as posting official write-in candidates.⁷³  In the case of a withdrawal of a candidate that occurs after the printing of official ballots, the inspectors will post the notice of withdrawal in a conspicuous location at each polling place and all early voting locations.⁷⁴  The notice of withdrawal will also be included in the early ballot instructions.⁷⁵ 

It is good practice to require a candidate withdrawing from the election to file a written notice with the clerk indicating the withdrawal. Sample Candidate Statement of Voluntary Withdrawal.  

CHAPTER 3 – FOOTNOTES

1. A.R.S. § 9-232.
2. In general, a “qualified elector” is a person who is: (1) qualified to register to vote and is properly registered to vote (i.e., included on the voter registration rolls) in the jurisdiction in question; and (2) will be at least 18 years old on or before the date of the election. A.R.S. § 16-311(B); A.R.S. § 16-101; A.R.S. § 9-232.  See also Chapter 2; Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Oct. 19,1993) (concluding the Title 16 requirement that being a qualified elector at the time the candidate files the nomination paper should be followed notwithstanding lesser requirement in A.R.S. § 9-232) (opinion available upon request). 
3. In general law cities, candidates must have resided in the city or town for at least one year preceding the election. A.R.S. § 9-232; see e.g., State v. Macias, 162 Ariz. 316 (Ariz. Ct. App. 1989). Persons who live in an area that was annexed into a city or town may qualify as candidates if they resided in that area for at least one year prior to the election.  A.R.S. § 9-232(A). In charter cities, residency requirements typically vary from 1 to 3 years.  See Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Oct. 31, 1979) (concluding a charter city’s 2-year residency requirement would be upheld as reasonable in a rapidly growing city) (opinion available upon request).
4. A.R.S. § 38-201(C); e.g., Escamilla v. Cuello, 230 Ariz. 202 (Ariz. 2012). 
5. A.R.S. § 38-296.01(A). The only offices a state legislator may hold while serving as a member of the state legislature are school trustee, teacher, or instructor (not local office). Ariz. Const. art. IV, pt. 2, § 5.
6. Perkins v. Manning, 59 Ariz. 60 (Ariz. 1942); cf. Davis v. Hale, 96 Ariz. 219 (Ariz. 1964) (holding that doctrine of incompatibility does not apply where a city council, operating under charter, combines offices in the interest of economy).
7. A.R.S. § 38-296; see also Memo. from J. Lamar Shelley, Gen. Couns. League of Ariz. Cities & Towns (Oct. 24, 1996) (defining “salaried elective office”).
8. Ariz. Const. art. XXII § 18; A.R.S. § 38-296.
9. Concurrent Service on a Town or City Council and a School Board, Ariz. Op. Atty. Gen. No. 72-20-L (1972).
10. Home v. Rothschild, 227 Ariz. 119 (Ariz. 2011).
11. 5 U.S.C. Section 7321, et seq.
12. 5 C.F.R. § 733.104(e).  This exception applies even if other candidates for local office are officially identified with a national or state political party. 5 C.F.R. §§ 733.103, 733.107.
13. A.R.S. § 41-752 (C); State Employees and Public Office, Ariz. Op. Atty. Gen. No. 71-32-L (1971).
14. A.R.S. § 41-752 (F). 
15. A.R.S. § 16-311(H). (Note: Subsection C allows any city or town to adopt by ordinance for its elections the filing time frame for filing nomination petitions if the ordinance is adopted at least 150 days before the first election to which it applies.  Any petition signatures collected prior to submission of a Statement of Interest are subject to court challenges pursuant to A.R.S. § 16-351. A.R.S. § 16-341(I).
16. The Secretary of State is statutorily responsible for preparing sample nomination petition forms for use in federal, statewide, legislative, county, city, and town elections. A.R.S. § 16-315(C).  The nomination petition form and content must conform to statutory requirements. A.R.S. §§ 16-314; 16-351. A photograph of the candidate may appear on the nomination petition, and the signature portion, circulator instructions, and statement must be in the form provided by law. A.R.S. § 16-315(A)(5).
17. The Secretary of State’s handbooks and guides can be found on the Secretary of State’s website.
18. A.R.S. §§ 16-314(A)-(B); 16-322; 16-314(A) (stating a Nomination Petition is filed “in addition to the nomination paper required.”)
19. As a best practice, before accepting a filing, check that all forms are complete and properly signed. 
20. See Reyes v. Palacio, CV-18-0157-AP/EL (Ariz. 2018) (holding that a legislative candidate was not “liable” for unpaid campaign finance penalties in excess of $1,000 under a different statute, A.R.S. § 16-311, because that statute requires the actual imposition and enforcement of the penalties under A.R.S. §§ 16-937 and 16-938 and the candidate was never referred to the city attorney for enforcement).
21. A.R.S. § 16-341(L).
22. A.R.S. § 16-322.
23. A.R.S. § 16-322(A)(8) – (10), (B).
24. A.R.S § 16-322(A)(8), (B).
25. A.R.S § 16-322(A)(8), (B).
26. A.R.S. § 16-322(A)(9), (B).
27. A.R.S. § 16-322(A)(10), (B).
28. A.R.S. § 16-322(A)(10), (B).
29. Legislative Term Limits, Ariz. Op. Atty. Gen. No. I01-019 (2001).
30. Residency Requirement of Legislators, Ariz. Op. Atty. Gen. No. I84-96 (1984).
31. The challenge period is no later than 5:00 p.m. of the tenth day, excluding Saturday, Sunday, and other legal holidays, after the last day for filing nomination papers and petitions. A.R.S. § 16-351(A).
32. A.R.S. § 16-351.
33. Sims Printing Co. v. Frohmiller, 47 Ariz. 561 (1936); Hunt v. Superior Ct. ex rel Navajo Cty., 64 Ariz. 325 (1946); see also memorandum from David Merkel, Gen. Couns., League of Ariz. Cities & Towns, to Fredda Bisman, City Atty., City of Scottsdale (Apr. 22, 1998)(finding there is no authority for any city official to question the residency of a council candidate and the proper remedy is pursuing the matter in court).
34. State Elections Procedures Manual, Ch. 6 Candidate Nomination, I. Nomination Procedures.
35. McKenna v. Soto, 250 Ariz. 469 (2021) (finding that there is no statutory authority for the State Elections Procedures Manual to dictate candidate nomination petition procedures and therefore any candidate petition instruction in the Manual is guidance only).
36. A.R.S. § 16-322(A), (B).
37. A.R.S. § 16-311(A), (C).
38. A.R.S. §§ 16-311(I), 16-314(A).
39. A.R.S. § 16-311(G).
40. In the 2020 election cycle, there was an increase in candidates using forms from the county or State because it was accessible earlier than the municipality’s candidate packet. It may be useful to provide notification on the city or town website that only the jurisdiction’s forms can be used to run for a municipal office. 
41. A.R.S. § 38-296.01.
42. See Reyes v. Palacio, CV-18-0157-AP/EL (Ariz. 2018) (holding that a legislative candidate was not “liable” for unpaid campaign finance penalties in excess of $1,000 under a different statute, A.R.S. § 16-311, because that statute requires the actual imposition and enforcement of the penalties under A.R.S. §§ 16-937 and 16-938 and the candidate was never referred to the city attorney for enforcement).
43. A.R.S. § 19-113(A).
44. A.R.S. § 19-113(B).
45. A.R.S. § 19-113(C).
46. A.R.S. § 16-351(A).
47. Bohart v. Hanna, 213 Ariz. 480 (2005); see also Validity of Nomination Petitions with Incorrect Primary Election date after the Enactment of SB 1430, Ariz. Op. Atty. Gen. No. I07-010 (2007).
48. Jenkins v. Hale, 218 Ariz. 561 (2008); Applicability of Rationale in Jenkins v. Hale to All Circulated Petitions, Ariz. Op. Atty. Gen. No. I09-011 (2009).
49. The statute says “by telephone”.  As a best practice we recommend sending a follow-up email confirming the phone conversation to ensure there is a record of the telephone notification.
50. A.R.S. § 16-351(D).
51. A.R.S. § 16-351(D).
52. A.R.S. § 16-351(E).
53. A.R.S. § 16-351(F). All petitions that have been submitted by a candidate that is found guilty of petition forgery must be disqualified, and the candidate is not eligible to seek election to a public office for at least 5 years.
54. A “public officer” is defined as “a member of the legislature and any judge of the court of appeals or the superior court, or a person holding an elective office the constituency of which embraces the entire geographical limits of this state.” A.R.S. § 38- 541(8). A “local public officer” is defined as “a person holding an elective office of an incorporated city or town, a county or a groundwater replenishment district established under title 48, chapter 27.” A.R.S. § 38-541(6). Title 48 special district candidates, school district governing board candidates, and precinct committeemen candidates are not required to file a Financial Disclosure Statement. See A.R.S. §§ 38-543; 38-541(8). 
55. See A.R.S. § 18-444(D) .
56. The Financial Disclosure Statement must include all the information required by state law, as well as your city or town ordinance or resolution.  Notwithstanding the provisions of any law, charter or ordinance to the contrary, every city and town is required to adopt an ordinance, rule, resolution or regulation that describes financial disclosure standards that are consistent with A.R.S. §§ 38-541 – 38-545.
57. See A.R.S. § 18-444. 
58. See A.R.S. § 16-311(I). 
59. A.R.S. § 38-544.
60. A.R.S. §§ 16-312(A); 16-312(B); 16-312(C). For example, for those who want to become an official write-in candidate in the 2022 Primary Election, the first day to file was March 5, 2022, and the deadline was June 23, 2022, at 5:00 P.M. For those who want to become an official write-in candidate in the 2022 General Election, the first day to file was June 11, 2022, and the deadline was September 29, 2022, at 5:00 P.M. For a general election, the 150-day start date is set prior to when the jurisdiction will know whether a runoff will occur. A write-in candidate who files a Write-In Nomination Paperfor the general election prior to the primary election should be notified that a runoff will not occur. When applicable, a Statement on Recall can be filed with the Secretary of State’s Office.  A.R.S. § 19-202.01(B). 
61. A.R.S. §§ 16-312(B)(1); 16-343.
62. A.R.S. § 16-312.
63. A.R.S. § 16-312(F). See also Running for Public Office – A Candidate Guide, Office of the Secretary of State, p. 31 (2022). A person may not seek a write-in candidacy in the General Election for the same reasons.
64. A.R.S. §§ 16-312(F)(1)-(4); 9-821.01; § 16-645. See also Kennedy v. Lodge, 230 Ariz. 548 (Ariz. 2012).
65. See previous footnote.
66. Sample Write-In Nomination Paper.
67. A.R.S. § 16-312(D).  This is subject to an exception if the fines, penalties, late fees, or judgments are being appealed by the proposed candidate.  See also Reyes v. Palacio, CV-18-0157-AP/EL (Ariz. 2018) (holding that a legislative candidate was not “liable” for unpaid campaign finance penalties in excess of $1,000 under a different statute, A.R.S. § 16-311, because that statute requires the actual imposition and enforcement of the penalties under A.R.S. §§ 16-937 and 16-938 and the candidate was never referred to the city attorney for enforcement).
68. A.R.S. § 16-312(E). The intergovernmental agreement between the municipality and the county for election services may have specific requirements related to write-in candidates. 
69. A.R.S. §§ 16-312(E); 16-343(G).  The inspectors will post a notice of vacancy in the same manner as posting the notice about the official write-in candidates. In the case of a withdrawal of a candidate that occurs after the printing of official ballots, the inspectors must post the notice of withdrawal in a conspicuous location in each polling place and at each early voting location. The early ballot instructions must also include a website address where updates regarding write-in and withdrawn candidates are available.
70. A.R.S. § 16-312.
71. A.R.S. §§ 9-821.01, 16-645.  There is a provision in A.R.S. § 16-343 for late vacancy write-in candidates; however, the Arizona Court of Appeals, Division I, ruled that the provision did not apply to a nonpartisan election of a charter city. Katan v. City of Prescott, 233 Ariz. 179 (Ariz. Ct. App. 2009).
72. Katan v. City of Prescott, 233 Ariz. 179 (Ariz. Ct. App. 2009); see also Memo. from J. LaMar Shelly, Gen. Couns., League of Ariz. Cities & Towns (Oct. 19, 1987); see also Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (May 18, 1993).
73. A.R.S. § 16-343(F). 
74. A.R.S. § 16-343(G).
75. A.R.S. § 16-343(G).
76. A.R.S. § 16-343(G).

CHAPTER 4 – CAMPAIGN EXPENSES 

This Chapter addresses the reporting requirements for campaign expenses.¹  

Campaign Expenses of Candidate Committees

Campaign Expenses of Candidate Committees ²

State law requires city and town candidates who receive or expend, in any combination, $500 or more to register as a candidate committee and account for all monies or things of value received and expended by them, their campaign committee or individuals on behalf of a person’s candidacy for public office.^{3a 3b}  For example, if a city or town candidate receives $300 and spends $200, the total amount is $500 and the candidate is required to register as a candidate committee. Any total combination of contributions or expenditures that remains below $500 does not trigger registration requirement.⁴ 

Once a city or town candidate receives contributions or makes expenditures, in any combination, of $500, the candidate must also file a Statement of Organization with the clerk within 10 days of reaching the $500 threshold.⁵  

A candidate may only have one candidate committee ⁶ in existence for the same office during the same election cycle.⁷  For example, a candidate may have a candidate committee open for a council seat and another committee open for statewide office because these are 2 separate offices.¹⁹⁷  

Campaign Expenses of Political Action Committees (PACs)  

In addition to the candidate committee requirement above, an entity may also be required to register as a political action committee if both of the following apply: 

1. The entity is organized for the primary purpose of influencing the result of an election.
2. The entity knowingly receives contributions or makes expenditures, in any combination, of at least $1,400 ($1,500 on January 1, 2025, and $1,600 on January 1, 2027 ^{8a 8b}) in connection with any election during a calendar year. 

To determine the “primary purpose” of an entity, the clerk or city or town attorney must make a rebuttable presumption⁹ that the entity is organized for the primary purpose of influencing the result of an election, which means the entity meets any of the following: 

1. Except for a religious organization, assembly, or institution,¹⁰ claims tax exempt status but had not filed or Form 1024 with the Internal Revenue Service (IRS), or the equivalent successor form designated by the IRS, before making a contribution or expenditure;
2. Made a contribution or expenditure and, at that time, had its tax-exempt status revoked by the IRS; or 
3. Made a contribution or expenditure and, at that time, failed to file Form 990 with the IRS or the equivalent successor form designated by the IRS, if required by law.¹¹   

Except for the requirements applying to candidate and PAC registration and the enforcement officer’s actions following a reasonable cause determination, if a 501(a) entity in good standing with the IRS is not registered as a political action committee, the clerk, attorney, or any other municipal officer is prohibited from requiring the entity to do any of the following: 

1. Register or file as a political action committee; 
2. Report or otherwise disclose personally identifying information relating to individuals who have made contributions to that entity;
3. Disclose its Schedule B, Form 990; or
4. Submit to an audit or subpoena or produce evidence regarding a potential campaign finance violation.¹²    

Statement of Organization (Candidate Committees and Political Action Committees)  

The Statement of Organization of a candidate committee or political action committee ^{13a 13b 13c} must include the following:  

1. The name, mailing address, e-mail address, website, if any, telephone number, if any, and type of committee. 
2. The name, mailing address, e-mail address, website, if any, and telephone number of any sponsoring organization. 
3. The names, physical locations or street addresses, e-mail addresses, telephone numbers, occupations and employers of the chairman and treasurer of the committee.  (In the case of a candidate committee, the candidate can be both chairman and treasurer.) 
4. In the case of a candidate’s committee, the name, mailing address, e-mail address, website, if any, telephone number, and party affiliation of the candidate.  Party affiliation is not required for nonpartisan elections.  Also, the candidate must provide the office sought only if the candidate has a candidate committee open for more than one office. 
5. The name, physical location or street address, e-mail address, telephone number, occupation, and employer of the committee’s chairperson and treasurer.  For a candidate committee, the candidate may serve as both the chairperson and treasurer. 
6. A listing of all banks or financial institutions used by the committee.  Bank account numbers should not be listed.¹⁴ 
7. A statement that the chairman and treasurer have read the Campaign Finance Guide published by the Secretary of State and agree to comply with campaign finance laws and agree to accept all notifications and service of process via the e-mail address provided by the committee. 

When filing the Statement of Organization with the clerk, each candidate or political action committee must sign and file with the clerk a statement to indicate that the candidate has read the Secretary of State’s Campaign Finance – Candidate Guide, agrees to comply with campaign finance laws, and agrees to accept all notifications and service of process via the e-mail address provided by the committee.¹⁵ 

Upon filing a Statement of Organization, a political action committee is issued an identification number by the clerk and may perform any lawful activity (including making contributions, making expenditures or conducting issue advocacy) without establishing a separate committee for each activity or specifying each activity in its Statement of Organization.¹⁶  

Committees are required to file an amended Statement of Organization within 10 days of a change in the information required as outlined above.¹⁷ 

Campaign Contributions Limits

Campaign contribution limits ¹⁸ were established by a 1986 voter initiative and have been increased throughout the years.  These amounts automatically increase in January of every odd numbered year.¹⁹  

The use of a candidate’s personal monies is not subject to the contribution limitations.²⁰ Campaign contributions, however, are limited and those limits apply to each “election cycle”.^{21a 21b}  

• As of January 1, 2023, the limits are $6,650 and $13,100 respectively.²²

The campaign contribution limits will then automatically increase on January 1 of every odd-numbered year as follows: 

• As of January 1, 2025, the limits will increase to $6,750 and $13,200 respectively. 
• As of January 1, 2027, the limits will increase to $6,850 and $13,300 respectively.²³ 

An Attorney General’s Opinion states that a candidate may not accept contributions that exceed the limitations in effect on the date that the contribution is made even if the election is more than 2 years away and the candidate assumes the limitations will be increased.²⁴ 

Prohibited Candidate Contributions 

A candidate committee is prohibited from making contributions to a candidate committee for another candidate (unless terminating the committee, and under very limited conditions, – see Surplus Monies).   

A local candidate committee is prohibited from transferring any committee monies directly to a statewide or legislative committee.²⁵  

Campaign Finance Forms & Deadlines in General   

State law requires the State Elections Procedures Manual to prescribe the format for all Campaign Finance Reports and statements.²⁶  

Filing deadlines for the Campaign Finance Reports and statements are set by statute and the  State Elections Procedure Manual.²⁷ Chapter 8 also includes calendars with deadlines that correspond to these materials.  Prior to 2021, the State would move filing deadlines that fell on Sundays and legal holidays to the next business day.^{28a 28b 28c 28d} In 2021, the legislature adopted a state law that strictly prohibits modifying any deadline, filing date, submittal date or other statutory election-related date unless required by a court order.²⁹  This restriction applies to all officers and agents of the State, cities, towns, and all other governmental entities.  Violations may be subject to a Class 6 felony.  

CAMPAIGN FINANCE FILING DEADLINES – POLITICAL ACTION COMMITTEES 

Quarterly Campaign Finance Reports 

For a calendar quarter without an election, a Quarterly Campaign Finance Report must be filed no later than the third Monday in the month after the calendar quarter, which is complete through the last day of the calendar quarter filed. ³⁰  

Quarterly Campaign Finance Reports are due even if the political action committee did not receive any contribution or make any expenditure during the reporting period.  If there is no financial activity during the reporting period from the immediately preceding Campaign Finance Report, the committee must file the report and reflect the same amounts carried forward from the previous report in the Financial Summary on the Campaign Finance Report form and the committee must check the box at the bottom of the form that indicates there was no financial activity.^{31a 31b} 

Pre- and Post- Election Campaign Finance Report 

For a calendar quarter³² with an election at which any candidate, measure, question or proposition appears on the ballot, a political action committee or political party must also file the following Pre- and Post-Election Campaign Finance Reports:³³ 

1. No less than 10 days before any election, a Pre-Election Campaign Finance Report that is complete from the first day of the applicable calendar quarter through the 17^th day before the election;³⁴ and 
2. No later than 15 days after the applicable quarter, a Post-Election Campaign Finance Report that is complete from the 16^th day before the election through the last day of the applicable calendar quarter.³⁵   

Reports in connection with special, recall or runoff elections must conform to the same filing deadlines set forth above and are based on the election dates.  

Reports are deemed to be filed under the penalty of perjury by the committee treasurer and there is no statutory requirement for reports to require a signature; however, the Secretary of State’s Elections Procedures Manual requires the treasurer’s signature on page 2 of the Campaign Finance Report. 

Campaign Finance Filing Deadlines – Candidate Committees  

A candidate committee is responsible for filing Campaign Finance Reports for any election occurring within the 12 months preceding the candidate’s election.³⁶  Specifically, a candidate committee must file Campaign Finance Reports during the 4 calendar quarters comprising the 12-month period preceding the general election for the office for which the candidate is seeking election – or for cities and towns, the city or town’s second, runoff or general election (as designated by the city or town).³⁷  

For example, if a city or town has a candidate election scheduled on August 2, 2024, the candidate committee must file Quarterly Campaign Finance Reports during the 12 months preceding the November 2024 (scheduled general or runoff) election. 

Additionally, if a special election is held on March 8, 2024, for another office or a measure, issue or question, the candidate running in the August 2, 2024, election is within their one-year reporting period and is required to file the pre- and post-election Campaign Finance Report for the March special election.  Reports in connection with special, recall or runoff elections must conform to the same filing deadlines set forth above.   

Following the reporting period, if the candidate serves a 4-year term, the next Campaign Finance Report is not due until January 2028.  If a special election is held between 2025 and 2027, but it is not within the 12 months preceding the candidate’s election for that office, these specific candidates are not required to file a Campaign Finance Report.  

Schedules for Campaign Finance Reports are included in Chapter 8 for both election years and non-election years; however, it is very important to follow the advice of your legal counsel regarding any deadline.  

Campaign Finance Reports – Requirements For All Committee Types 

The information that must be disclosed for each Campaign Finance Report is fully described in A.R.S. § 16-926(B). In summary, the information required includes: 

1. The amount of cash on hand at the beginning of the reporting period. 
2. For the reporting period and the election, the total amount of all receipts and an itemized list of all receipts in the following categories, including the source, amount, and date of receipt, together with the total of all receipts in each category:
   •  Contributions from in-state individuals whose contributions exceed $100 for that election cycle, including identification of the contributor’s occupation and employer. Notwithstanding A.R.S. § 16-901(29)(a), a person whose residential address is protected from public disclosure pursuant to A.R.S. § 16-153 is not required to disclose the person’s residential address and must instead provide an alternative mailing address.
   • Contributions from out-of-state individuals, including identification of the contributor’s occupation and employer. 
   • Contributions from candidate committees. 
   • Contributions from political action committees. 
   • Contributions from political parties. 
   • Contributions from partnerships. 
   • For a political action committee or political party, contributions from corporations or limited liability companies (LLC), including identification of the corporation’s or LLC’s file number issued by the Arizona Corporation Commission. 
   • For a political action committee or political party, contributions from labor organizations, including identification of the labor organization’s file number issued by the Arizona Corporation Commission. 
   • For a candidate’s campaign committee, the candidate’s contribution of personal monies. 
   • All loans, including identification of any endorser or guarantor other than a candidate’s spouse, and the contribution amount endorsed or guaranteed by each. 
   • Rebates and refunds. 
   • Interest on committee monies. 
   • The fair market value of in-kind contributions received. 
3. The aggregate number of contributions from all in-state individuals whose contributions do not exceed $100 for the election cycle. 
4. For the reporting period and the election, an itemized list of disbursements exceeding $250, including the recipient, the recipient’s address, a description of the disbursement and the amount and date of the disbursement, together with the total of all disbursements in each category: 
   • Disbursements for operating expenses.
   • Contributions to candidate committees. 
   • Contributions to PACs. 
   • Contributions to political parties. 
   • Contributions to partnerships. 
   • For a political action committee or political party, contributions to corporations or LLCs, including identification of the corporation’s or LLC’s file number issued by the Arizona Corporation Commission. 
   • For a political action committee or political party, contributions to labor organizations, including identification of the labor organization’s file number issued by the Arizona Corporation Commission. 
   • Repayment of loans. 
   • Refunds of contributions. 
   • Loans made. 
   • The value of in-kind contributions provided. 
   • Independent expenditures that are made to advocate the election or defeat of a candidate, including identification of the candidate, office sought by the candidate, election date, mode of advertising and distribution or publication date. 
   • Expenditures to advocate the passage or defeat of a ballot measure, including identification of the ballot measure, ballot measure serial number, election date, mode of advertising and distribution or publication date. 
   • Expenditures to advocate for or against the issuance of a recall election order or for the election or defeat of a candidate in a recall election, including identification of the officer to be recalled or candidate supported or opposed, mode of advertising and distribution or publication date. 
   • Any other disbursements or expenditures. 
5. The total sum of all receipts and disbursements for the reporting period, including a line to aggregate any expenditures under $250. 
6. A certification by the committee treasurer, issued under penalty of perjury, that the contents of the report are true and correct.    

For reporting purposes: 

• A contribution is deemed to be received either on the date the committee knowingly takes possession of the contribution or on the date of the check or credit card payment.  For an in-kind contribution of services, the contribution is deemed made either on the date the services are performed or the date the committee receives the services. 
• An expenditure or disbursement is deemed made either on the date the committee authorizes the monies to be spent or the date the monies are withdrawn from the committee’s account. For a transaction by check, the expenditure or disbursement is deemed made on the date the committee signs the check. For a credit card transaction on paper, the expenditure or disbursement is deemed made on the date the committee signs the authorization to charge the credit card.  For an electronic transaction, an expenditure or disbursement is deemed made on the date the committee electronically authorizes the charge. For an agreement to purchase goods or services, the expenditure or disbursement is deemed made either on the date the parties enter into the agreement or the date the purchase order is issued. 
• A committee may record its transactions using any of the methods authorized by this subsection but for each type of contribution, expenditure or disbursement made or received, the committee must use a consistent method of recording transactions throughout the election cycle. 

Other reporting categories: 

In-kind contribution of services must be equal to the usual and normal charges for the services on the date performed.  If any receipt or disbursement is earmarked, the committee must report the identity of the person to whom the receipt or disbursement is earmarked. 

Independent Expenditure/Ballot Measure Expenditures 

An independent expenditure means an expenditure by a person, other than a candidate committee, that “expressly advocates” the election or defeat of a clearly identified candidate and is not made in cooperation or consultation with or at the request or suggestion of the candidate or the candidate’s agent.³⁸  A ballot measure expenditure means an expenditure made by a person that “expressly advocates” the support or opposition of a clearly identified ballot measure.³⁹  The definition of “expressly advocates” is defined in statute.⁴⁰   

An entity that makes an independent expenditure or ballot measure expenditure in excess of $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 though the entity may not be required to file a Statement of Organization.⁴¹ The Secretary of State has prescribed a Statement of Registration form for these entities to use when submitting their report.⁴² This form is only for use by the Secretary’s Office to register the person into their online campaign finance system and is optional for cities and towns.  

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.  This information is reflected in Schedule B(6) of the Campaign Finance Report  and a person reporting independent expenditures can submit this schedule along with the cover sheet. No other reporting information is required. 

Termination of Political Action Committees  

Termination of Political Action Committees ⁴³  

A political action committee may terminate after addressing any surplus or debts and obligations. Under any other conditions and for all other committees, a political action committee may terminate only when the committee treasurer files a Termination Statement⁴⁴ with the clerk certifying that it will no longer receive any contributions or make any disbursements; that the committee has no outstanding debts or obligations (or has outstanding debts or obligations, or both, that are all more than 5 years old and have been discharged by the creditors) and that any surplus monies were disbursed and the committee has no cash on hand, and all contributions and expenditures have been reported, including any disposal of surplus monies.⁴⁵   

When a clerk becomes aware that a committee no longer has any outstanding debts and obligations, a Termination Statement should be sent to the treasurer encouraging termination of the committee.  If a standing committee terminates its activities in a jurisdiction but remains active in others the committee must file a statement of that intent in each reporting jurisdiction.⁴⁶   

The clerk may reject the Termination Statement if it appears to the clerk that the requirements have not been satisfied.  For example, if a committee still has debts or obligations, the committee must remain open, and reports must continue to be filed.  Check with your attorney for additional guidance prior to rejecting a Termination Statement. 

After a Termination Statement is filed, a committee is not required to file any subsequent Campaign Finance Reports and will have no further receipts and disbursements without filing a new Statement of Organization. 

Committee Disposal of Surplus Monies 

A committee must dispose of surplus monies⁴⁷ as follows: 

1. Return surplus monies to the contributor to the extent records are available permitting such return. 
2. Contribute surplus monies pursuant to Article 1.2 of Title 16, Chapter 6, which is any contribution that is not otherwise prohibited by law. 
3. Donate the surplus monies to a nonprofit organization that has tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code. 
4. In the case of a statewide or legislative candidate committee, transfer surplus monies to the candidate’s officeholder expense account. 
5. For a candidate committee, contribute surplus monies to a candidate committee for ANOTHER candidate under the following conditions: 
   1. The candidate committee makes the contribution after the nomination paper filing deadline.⁴⁸ 
   2. The candidate associated with the committee making the contribution did not file a nomination paper to run for election in the current election cycle.
   3. For transfer to a legislative candidate committee, the contribution cannot be made when the Legislature is in regular session. 
   4. The candidate committee makes the contribution within the individual contribution limits.⁴⁹ 
6. The use of surplus monies cannot be used for or converted to personal use. 

Additional information about repayment of debts (fundraising, forgiveness) can be found in the Secretary’s Campaign Finance – Candidate Guide.  

Campaign Finance Complaints – Enforcement Authority  

Campaign Finance Complaints – Enforcement Authority ^{50a 50b}  

When a campaign finance complaint⁵¹ is received from a third party, the clerk is authorized to initiate an investigation into alleged violations of campaign finance laws, including the alleged failure to register as a committee. The clerk cannot initiate a complaint.⁵² 

The clerk must limit investigation to violations that are within the city or town.  If the clerk declares a conflict of interest, the law allows the clerk to refer the investigation to any other clerk in the state who agrees to accept the referral.  It is recommended that this course of action be discussed with your attorney prior to any referral and arranged before any campaign finance complaints are filed. 

The Secretary of State is required to establish guidelines in the State Elections Procedures Manual to outline the procedures, timelines and other processes that apply to investigations by all filing officers in Arizona.⁵³   

Prior to finding reasonable cause, the clerk is prohibited from requiring a person to register as a committee and cannot audit or subpoena the person to compel production of evidence or the attendance of witnesses.  The clerk may request the voluntary production of evidence or attendance of witnesses in making a reasonable cause determination after a complaint is filed. 

After reviewing the complaint, if the clerk believes there is reasonable cause that a person violated campaign finance laws, the clerk must refer the matter to the city or town attorney.   

Once the referral is made from the clerk to the city or town attorney, the attorney may: 

1. Conduct an investigation, including using subpoena powers granted to the officer except that a person must not be compelled to file Campaign Finance Reports unless that attorney has determined the person is a committee.
2. Serve the alleged violator with a Notice of Violation.  The notice must state with reasonable particularity: 
   • The nature of the violation;
   • The fine or penalty imposed; 
   • Require compliance within 20 days after the date of issuance of the notice.
     
     The attorney must impose a presumptive civil penalty equal to the value or amount of money that has been received, spent, or promised in violation of the campaign finance laws.  A Finding of Special Circumstance by the attorney allows a penalty of up to 3 times the amount of the presumptive civil penalty based on the severity, extent, or willful nature of the alleged violation.  If the Notice of Violation requires a person to file Campaign Finance Reports, the reports are not required to be filed until the attorney’s Notice of Violation has been upheld after any timely appeal. 

3. 3. Keep any nonpublic information gathered by the attorney during the committee status investigation confidential until the final disposition of any appeal to the attorney. “Nonpublic” is undefined; consult public records law and discuss with your attorney. 

The city or town attorney has the sole and exclusive authority to initiate any applicable administrative or judicial proceedings to enforce an alleged violation of campaign finance laws that have been referred by the clerk.  Discuss with your attorney how to address complaints that must be handled by another jurisdiction due to a conflict. 

An alleged violator may appeal a city or town enforcement action to the superior court, instead of pursuing an appeal through the state administrative hearing process.⁵⁴  If the alleged violator takes corrective action within 20 days after the date of the issuance of the Notice of Violation by the attorney, the alleged violator is not subject to any penalty. 

If the alleged violator does not take corrective action within 20 days after the date of issuance of the Notice of Violation by the attorney, the attorney must impose the penalty set forth in the Notice and must provide formal notice that the imposition of the penalty may be appealed to superior court. 

Within 30 days after receiving the Notice of Violation from the city or town attorney, the alleged violator may appeal to the superior court and must inform the attorney of the appeal by providing a copy of the appeal notice to the city or town attorney (must be received by the enforcement officer).   

Any superior court trial is de novo and the burden is on the city or town attorney to prove a violation occurred under a preponderance of evidence standard.  

Sample forms: 

Notification Letter of CF Reply Exceeding Complaint Parameters 
Notification Letter of Receipt of CF Complaint 
Notification to Complainant of Deficiencies in Complaint 
Notification to Respondent of Complaint Filed and Time to Respond 

Referral of Reasonable Cause Finding to Attorney 
Sample Letter Parties Dismiss Complaint 
Sample Letter Parties No Reasonable Cause 
Sample Letter Refer Matter Conflict 
Sample Notification Letter Complaint Deficiencies 
Sample Notification Letter Complaint Filed 
Sample Notification Letter Parties Conflict 
Sample Notification Letter Receipt Complaint 
Sample Notification Letter Response Submitted 
Sample Reasonable Cause Finding 

Late or Incomplete Reports; Notice by Clerk  

A committee must file timely and complete Campaign Finance Reports.^{55a 55b}  If a committee fails to file a Campaign Finance Report by the applicable deadline, the clerk must send a written Notice of Delinquency to the committee treasurer by email within 5 calendar days after the filing deadline.²⁴⁶ The notice must:  

• Identify the campaign finance report that was not filed;  
• Explain that penalties accrue at $10.00 per day for the first 15 days following the deadline, and $25.00 per day for each day thereafter the report is not filed; and  
• Identify permissible methods of payment.⁵⁷  

Financial penalties accrue until the late Campaign Finance Report is filed. ⁵⁸  A filing officer must accept a Campaign Finance Report regardless of whether past-due financial penalties have been paid.  If the committee does not file its Campaign Finance Report within 30 days after the filing deadline, the filing officer may refer the committee to the proper enforcement officer: ^{59a 59b}

• The Attorney General is the enforcement officer for matters within the Secretary of State’s jurisdiction;^{60a 60b}   
• The County Attorney is the enforcement officer for matters within the jurisdiction of the county officer in charge of elections and County School Superintendent; ^{61a 61b} and  
• The City or Town Attorney is the enforcement officer for matters within the city or town clerk’s jurisdiction. ^{62a 62b}  

A failure to file occurs if a committee fails to timely file a complete report as prescribed in this chapter, which includes the following:  

• Amended Campaign Finance Report when incomplete contribution information is obtained;⁶³   
• An Independent Expenditure Report⁶⁴ pursuant to A.R.S. § 16-926;⁶⁵ or  ²⁵¹  and  
• Campaign Finance Reports.⁶⁶  

For any political action committee or political party that fails to file 3 consecutive complete reports, the clerk must email a Notice of Temporary Suspension to the committee.⁶⁷  The Notice of Temporary Suspension must state that failure to comply with all filing and payment requirements within 30 days after the date of the notice will result in permanent suspension of the committee’s authority to operate in that jurisdiction.⁶⁸  On receipt of this Notice of Temporary Suspension, the committee’s authority to operate in the jurisdiction is temporarily suspended.⁶⁹  If the committee remains non-complaint after the 30-day period, the clerk may permanently suspend the committee and notify the committee about the permanent suspension by e-mail through a Notice of Permanent Suspension.⁷⁰  No other notice is required after the Notice of Permanent Suspension. 

Permanent or temporary suspension does not eliminate a committee’s continuing obligation to file reports and pay any outstanding and accruing penalties provided by law.  

Campaign Advertising and Fund-Raising Disclosure Statements 

Campaign Advertising and Fund-Raising Disclosure Statements ⁷¹ 

A person,⁷² other than an individual, that makes an expenditure including an independent expenditure for an advertisement or fund-raising solicitation, must include the following disclosures in the advertisement or solicitation: 

1. The words “paid for by,” followed by the name of the person making the expenditure for the advertisement or fund-raising solicitation. 

2. Whether the expenditure was authorized by any candidate, followed by the identity of the authorizing candidate, if any.  The statute requires an expenditure authorized by a candidate to specify the identity of the candidate, not necessarily the candidate’s committee.  Candidates who do not meet the committee threshold registration requirement do not need to register as a committee to meet this disclosure requirement.   

A political action committee must comply with the requirements above and the following additional requirements:  

1. The names of the three political action committees making the largest aggregate contributions to the political action committee making the expenditure, if those aggregate contributions exceed $20,000 during the election cycle, as calculated at the time the advertisement was distributed for publication, display, delivery or broadcast. 

2. The aggregate percentage of out-of-state contributors as calculated at the time the advertisement was produced for publication, display, delivery, or broadcast. the disclosure must state “paid for by _____” as prescribed by A.R.S. § 16-925(A), followed by “with _____ % from out-of-state contributors” with the blank to be filled by the aggregate percentage. ⁷³

If a disclosure contains any acronym or nickname that is not commonly known, the disclosure must also spell out the acronym or provide the full name. 

If the advertisement is: 

1. Broadcast on the radio, the disclosure statement must be clearly spoken at the beginning or end of the advertisement. 
2. Delivered by hand or by mail, the disclosure statement must be clearly readable and, if the advertisement is also paid for by a political action committee, the disclosure statement must be displayed in a height that is at least 10% of the vertical height of the advertisement. 
3. Delivered electronically, the disclosure statement must be clearly readable. 
4. Displayed on a sign or billboard, the disclosure statement must be displayed in a height that is at least 4% of the vertical height of the sign or billboard, except that if the advertisement is paid for by a political action committee, the disclosure statement must be displayed in a height that is at least 10% of the vertical height of the sign or billboard. 
5. Broadcast on television or in a video or film, both of the following requirements apply: 
   • The disclosure must be both written and spoken at the beginning or end of the advertisement, except that if the written disclosure statement is displayed for the greater of at least one-sixth of the broadcast duration or 4 seconds, a spoken disclosure statement is not required. 
   • The written disclosure statement must be printed in letters that are displayed in a height that is at least 4% of the vertical picture height, except that if the advertisement is paid for by a political action committee, the written disclosure statement must be displayed in a height that is at least ten percent of the vertical picture height. 

The disclosure requirements above do not apply to: 

1. Social media messages, text messages or messages sent by a short message service.
2. Advertisements that are placed as a paid link on a website, if the message is not more than 200 characters in length and the link directs the user to another website that complies with this section. 
3. Advertisements that are placed as a graphic or picture link, if the statements required in this section cannot be conveniently printed due to the size of the graphic or picture and the link directs the user to another website that complies with this section. 
4. Bumper stickers, pins, buttons, pens, and similar small items on which the statements required in this section cannot be conveniently printed. 
5. A solicitation of contributions by a separate segregated fund. 
6. A communication by a tax-exempt organization solely to its members. 
7. A published book or a documentary film or video.  

If a disclosure statement contains an acronym or nickname that is not commonly known, the disclosure must spell out the acronym or provide the full name. 

An entity that makes independent expenditures or ballot measure expenditures⁷⁴ of more than $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 is not registered as a committee.  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. 

Note: If a candidate or political action committee violates A.R.S. § 16-925, it is subject to investigation upon a third-party complaint filed with the clerk and may result in a campaign finance violation.  This is distinguished from a complaint against a person for illegally tampering with a “political sign” pursuant to A.R.S. § 16-1019(A) or the removal of a sign by a city or town for a reason stated in A.R.S. § 16-1019(C), (D) or (G). Political signs are discussed further in Chapter 5 of this Manual.   

Contributions and Expenditures by Committees or Agents 

The Arizona Constitution provides for the enactment of legislation requiring campaign contributions and expenditures made by committees on behalf of candidates for public office to be matters of public knowledge before and after each election.⁷⁵  A committee must preserve the following records for 2 years following the end of the election cycle (reminder: an election cycle is 2 years):  

1. All contributions made or received by the committee. 
2. The identification of any contributor that contributes in the aggregate at least $50 ^{76a 76b} to the committee during the election cycle, the date and amount of each contribution and the date of deposit into the committee’s account. 
3. Cumulative totals contributed by each contributor during the election cycle.
4. The name and address of every person that receives a contribution, expenditure, or disbursement from the committee, including the date and amount, and for any expenditure or disbursement, the purpose of the expenditure or disbursement.⁷⁷    

Please refer to the Retention Schedules for Election Records of the Arizona State Library, Archives and Public Records regarding the clerk’s obligations to maintain election materials and reports. 

Contributions and Expenditures by Private Corporations and Labor Organizations 

Corporations, limited liability companies and labor organizations cannot make contributions to a candidate committee but may make unlimited contributions to persons other than candidate committees and may make independent expenditures in candidate elections.^{78a 78b} 

A fund that is established by a corporation, limited liability company, labor organization or partnership for purposes of influencing the result of an election must register as a political action committee.⁷⁹  

If an organization’s independent expenditure exceeds $1,000 in a city or town election during a reporting period, the organization must file an expenditure report (using the Campaign Finance Report form) with the clerk for the applicable reporting period, even if the organization is not registered as a committee.  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.   

An expenditure is not an independent expenditure ⁸⁰ if either of the following applies: 

1. There is actual coordination with respect to an expenditure between a candidate or candidate’s agent and the person making the expenditure or that person’s agent; or 
2. The expenditure is based on nonpublic information about a candidate’s or candidate committee’s plans or needs that the candidate or candidate’s agent provides to the person making the expenditure or that person’s agent and the candidate or candidate’s agent provides the nonpublic information with an intent toward having the expenditure made.  

In evaluating whether an expenditure is an independent expenditure, the clerk or city or town attorney may consider the following to be rebuttable evidence of coordination: 

1. Any agent of the person making the expenditure is also an agent of the candidate whose election or whose opponent’s defeat is being advocated by the expenditure. 
2. In the same election cycle, the person making the expenditure or that person’s agent is or has been authorized to raise or spend monies on the candidate’s behalf. 
3. In the same election cycle, the candidate is or has been authorized to raise money or solicit contributions on behalf of the person making the expenditure. 

Coordination does not exist under either of the following: 

• If the person making the expenditure maintains a firewall between the person and that person’s agent in compliance with all the following: 
  • The person’s agent did not participate in deciding to make the expenditure or in deciding the content, timing or targeting of the expenditure. 
  • The person making the expenditure has a written policy establishing the firewall and its requirements.
  • The person making the expenditure and the person’s agent followed the written policy regarding the firewall. 
• Solely because an agent of a person making the expenditure serves or has served on a candidate’s host committee for a fund-raising event.  

An expenditure that is coordinated with a candidate, other than a coordinated party expenditure, is deemed an in-kind contribution to the candidate. 

Any entity that makes an independent expenditure must register as a committee if it is organized for the primary purpose of influencing the results of an election and knowingly receives contributions or makes expenditures, in any combination, of at least $1,000 in connection with any election during a calendar year.⁸¹ If the committee test is met, the entity must file a Statement of Organization with the city clerk.  If the test is not met, the entity does not have to register as a committee but must file Expenditure reports (using the Campaign Finance Report form). 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. This information is reflected in Schedule B(6) of the Campaign Finance Report form and a person reporting independent expenditures can submit this schedule along with the cover sheet.⁸²  No other reporting information is required. 

Posting Campaign Finance Statement and Report Forms  

The clerk must provide the option for electronic filing and must make all campaign finance statements and reports publicly available by posting them on the city or town website or utilizing the Secretary’s electronic filing system when this system becomes available to cities and towns.⁸³  The electronic filing requirement applies to all cities and towns and there is no longer an exemption for a city or town with a population less than 2,500 persons.⁸⁴  The statements and reports must be posted online.  A fee is no longer required to opt-in to the Secretary’s system; however, the system may not be ready for local filings until the 2024 election cycle.

CHAPTER 4 – 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: https://azsos.gov/elections/about-elections/arizona-election-laws-publications
4. A.R.S. § 9-821.
5. State ex rel. Brnovich v. City of Tucson, 251 Ariz. 45, ¶ 33, 484 P.3d 624, 632 (2021).
6. Even if a local charter allows an off-cycle candidate election, A.R.S. § 16-204.01 requires requires the municipality to hold the candidate election in the fall of an even-numbered election date if the municipality did not meet the statutory voter turnout threshold. See  A.R.S. § 16-204.01.
7. A.R.S. § 16-204(E).
8. A.R.S. § 16-204(E)(1).
9. A.R.S. § 16-204(E)(2). If a city or town holds a single election only (e.g., no primary), the single election must be held on the first Tuesday after the first Monday in November.
10. The presidential preference election is not included in this section since it is a partisan preference election managed exclusively by the state and counties and no other election may appear on the same ballot. See A.R.S. § 16-241.
11. Charter adoption and amendment elections were excluded from the consolidated election requirement due to the time frames specified in the Constitution; these elections can be held at any time. See A.R.S. § 16-204(D); see also, City of Tucson v. State 235 Ariz. 434, 435, ¶ 3, 333 P.3d 761, 762 (App. 2014) (held that § 16-204 does not preempt city charters that require odd-numbered year election dates because “state-mandated election alignment, when it conflicts with a city’s charter, improperly intrudes on the constitutional authority of charter cities”). Even if a municipality has authority to hold a local election on different date, however, the county may be unwilling to conduct an election for the municipality unless it is held on a consolidated election date.
12. A.R.S. § 16-204(F) (in contrast to subsection E that addresses local candidate elections, subsection F does not say “notwithstanding any other law or any charter or ordinance to the contrary” when it comes to non-candidate local elections).
13. A.R.S. § 16-204(F).
14. A.R.S. § 16-204(F)(4).
15. A.R.S. § 16-204(F)(4).
16. A.R.S. § 16-311.
17. A.R.S. § 9-235.
18. A.R.S. § 16-311.
19. A.R.S. § 9-235. This applies only if your council has 4-year terms and does not affect charter cities.
20. Memorandum from Joni Hoffman, Gen. Couns., League of Ariz. Cities & Towns, to Ken Strobeck, Exec. Dir., League of Ariz. Cities & Towns (Apr. 27, 2012) (explaining A.R.S § 9-235 and providing an example of application).
21. Hendrix v. Town of Gilbert, et al., CV 2020-009892 (Maricopa Cnty. Sup. Ct., Sept. 11, 2020) appeal denied (holding that a candidate who won at the primary election to fill the remainder of a 2-year term because of a vacancy must be seated on the general election date and not the January date specified in the town code establishing council member terms).
22. A.R.S. § 9-231(B).
23. Population is based on the latest official United States census. A.R.S. § 9-231(B).
24. A.R.S. § 9-231(B).
25. A.R.S. §§ 9-232.02.A.R.S. §§ 9-272.A.R.S. §§ 9-301. See also A.R.S. § 9-232.05 (authorizing voter initiatives to enact, enforce, or repeal the term limits of councilmembers and the mayor).
26. A.R.S. §§ 9-232.02, 9-272.
27. A.R.S. §§ 9-232.05.
28. A.R.S. §§ 9-232.02., 9-272.
29. A.R.S. § 9-232.03., 9-272.01.
30. A.R.S. § 9-232.03. 9-272.01.
31. A.R.S. §§ 9-232.04; 9-273. Several cities and towns use a district or ward system, such as Phoenix (district), Tucson (ward), Mesa (district), Glendale (district), Peoria (district), and Surprise (district).
32. It should be noted that this option automatically provides for direct election of the mayor instead of having the official chosen by the council; however, the mayor still serves as a member of the council.
33. A.R.S. § 9-273.
34. A.R.S. § 9-473(B).
35. A.R.S. § 9-473(B).
36. A city or town that intends to redistrict should discuss and provide advance notice to the county if the county will be administering the election of the city or town. Many cities and towns follow the best practices that are outlined in the U.S. Elections Assistance Commission’s Local Officials’ Guide to Redistricting (2021). To determine whether there are updates to the Commission’s Guide, go to this website: https://www.eac.gov/election-officials/local-electionofficials-guide-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, 47 P. 3d 1137, (App. 2002) (to violate statute prohibiting a city or town from using its resources to influence outcomes of elections, communication must clearly and unmistakably present a plea for action and identify the advocated action). 
42. A.R.S. § 9-500.14(A).
43. A.R.S. § 9-500.14(A).
44. Use of Official Titles by Elected Officials in Connection with Political Advocacy, Ariz. Op. Atty. Gen. No. I07-008 (2007). See also, A.R.S. § 16-192).
45. Use of City or County Funds to Educate the Public on Ballot Measures, Ariz. Op. Atty. Gen. No. I00-020 (Sept. 11, 2000).
46. A.R.S. § 9-500.14(C).
47. A.R.S. § 9-500.14(H)(1). 
48. A.R.S. § 9-500.14(C).
49. A.R.S. § 9-500.14(D).
50. A.R.S. § 9-500.14(F).
51. A.R.S. § 9-500.14(F).
52. A.R.S. § 16-407.01.
53. A.R.S. § 16-407.01.
54. A.R.S. § 41-194.01 (commonly referred to as “1487 Complaints” because Senate Bill 1487 (2016) and codified A.R.S. § 41-194.01). In 2021, the statute was amended to expand the scope of these investigations to include “any written policy, written rule or written regulation adopted by any . . . city or town” if it failed to repeal or resolve the alleged violation within 60 days after receiving notification of the allegation; however, this portion of the statute was held unconstitutional as violating the single subject rule. See City of Phoenix. v. State, CV2021-012955 (Maricopa Sup. Ct., Nov. 03, 2021). 
55. A.R.S. § 41-194.01.
56. ^[1] A.R.S. § 16-101(A)(2). A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” Under existing law, a registrant who used a Federal Form and does not submit DPOC is eligible to vote for federal offices only and cannot sign state/local candidate, initiative, referendum, and recall petitions.  Voter Registration, Ariz. Op. Atty. Gen. No. I13-011 (2013). Starting January 1, 2023, a registrant must submit DPOC to be eligible to vote for either ballot. See H.B. 2492 voter registration; verification; citizenship (Chapter 99).  H.B. 2492 is the subject of four lawsuits.^[1] 
57. A.R.S. § 16-121(A).  Currently, adjustments to voter rolls are periodic with no specific time frame in statute. Starting on September 24, 2022, specific obligations are imposed on the Attorney General and county recorders regarding the cancelation of voter registration and removal of registrants from the Active Early Voters List or “AEVL” (S.B. 1477, H.B. 2243, S.B. 1260). 
58.  The voter registration law should be construed to uphold the citizen’s right to vote. Abbey v. Green, 28 Ariz. 53, 72 (1925).
59.  Ariz. Const. Art. VII, § 2; A.R.S. § 9-822(A); A.R.S. § 16-101; A.R.S. § 16-126(A); A.R.S. § 16-152(E).
60. A.R.S. § 16-121 (A).  A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” An otherwise eligible registrant who does not submit DPOC and whose U.S. citizenship cannot be verified via AZMVD records or other record in the statewide voter registration database is registered as a “federal-only” voter. A “federal-only” voter is eligible to vote solely in races for federal office in Arizona (including the Presidential Preference Election (PPE)).  Starting January 1, 2023, a registrant must submit DPOC to be eligible to vote either ballot. See H.B.2492 voter registration; verification; citizenship (Chapter 99).  H.B. 2492 is the subject of four lawsuits. 
61. A.R.S. § 16-121(A). If a registrant will be at least 18 years old on or before the next statewide general election but will not be at least 18 years old by the next local election, the registrant remains qualified to register to vote but is not a qualified elector for that next local election. Similarly, if a registrant will turn 18 years old before the next general election but will be 17 years old at the time of the primary election, the registrant may register but is not entitled to vote in the primary election.
62. A.R.S. § 16-101(B) (defining resident and providing that an individual only has one state residence for voting purposes).  The person must provide proof of location of residency in a form prescribed in A.R.S. § 16-579(A)(1) (unless the person is registering pursuant to A.R.S. § 16-103). Starting January 1, 2023, a registrant must submit proof of location of residency for both the full ballot and the federal only ballot (unless registering as temporarily absent from the state).  See H.B. 2492 voter registration; verification; citizenship (Chapter 99).  Under H.B. 2492 (Chapter 99), a valid and unexpired AZ driver license (or nonoperating identification number) satisfies proof of location. The proof of location of residence does not satisfy residency requirements – it only confirms the address.  Additionally, H.B. 2492 outlines the information that must be disclosed by the registrant on the voter registration form and outlines the steps election officials must follow to verify citizenship when processing voter registration forms. Unless otherwise provided by law, H.B. 2492 also prohibits political subdivisions from registering a person to vote if they did not affirmatively request it. 
63.  A.R.S. § 16-101(A)(4).
64.  Ariz. Const. art. VII, § 2; see also A.R.S. § 16-101.
65.  A.R.S. § 16-101 (A); see also A.R.S. § 14-5101 (defining “incapacitated person”). 
66.  A.R.S. § 16-101(B).  
67. A.R.S. § 16-101(B). If otherwise qualified as an elector, an elector that resides for at least 29 days in an area that has been annexed to the city or town may also vote in such election.  A.R.S. § 9-822(B). See also A.R.S. § 16-593 (providing rules for determining residence).
68. A.R.S. §§ 16-101(B); 9-822.  An individual only has one city or town residence for voting purposes. 
69. A.R.S. § 9-822(A).
70. A.R.S. § 16-121(C). 
71. See A.R.S. § 16-121.
72. “Homeless shelter” is defined as “a supervised publicly or privately operated shelter designed to provide temporary living accommodations to individuals who lack a fixed, regular and adequate nighttime residence.” A.R.S. § 16-121(D).
73. A.R.S. § 16-103. 
74. A.R.S. § 16-593(A), (C).
75. A.R.S. § 16-593(A), (C).
76. A.R.S. § 16-593(A), (C).
77. A.R.S. § 16-593(A), (C).
78. A.R.S. § 16-593(A), (C).
79. A.R.S. § 16-593(A), (C).
80. Ariz. Const., art. VII, §§ 3, 6.
81. A.R.S. § 16-126.  Starting September 24, 2022, H.B. 2493 requires voter registration applications to state that registration will be canceled if a registrant permanently moves to another state.  Starting September 24, 2022, new bills also impose various obligations on the Secretary of State and county recorders regarding the removal of registrants from the Active Early Voters List and removal from the voter registry. See, e.g., H.B. 2493, S.B. 1260, S.B. 1477).
82. A.R.S. § 16-165(A)(6).
83. A.R.S. § 16-125.
84. A.R.S. §§ 16- 122, 16-135, 16-584.

CHAPTER 5 – election procedures 

This Chapter 5 addresses the specific procedures for holding municipal elections, which primary and general (runoff) and special elections.   

The specific statutory procedures for holding primary elections are very specific and most cities and towns use these procedures as guides for holding general elections.  When local elections are consolidated with state and county elections, many of these statutory procedures are not the responsibility of the local clerk and are performed by the county.  The municipality’s agreement with the county’s election office will typically describe the tasks to be performed by the county on behalf of the municipality and the tasks to be performed by the local clerk. 

Note:  The majority of Arizona cities and towns contract with their respective counties for election services. Recognizing that not all cities and towns contract with their respective counties for election services, in whole or in part, the following procedures are written so that they can be used as a reference guide by clerks who conduct their own elections.    

PREPARING FOR THE ELECTION  

Receiving Notice from County 

At least 210 days before each consolidated election date, each county board of supervisors must give notice in writing regarding the consolidated election program to each city and town in that county.^{1a 1b} The notice must include the specific election date; the deadline by which the city or town must inform the Board of Supervisors or officer in charge of elections whether an election will be held; and any additional information deemed necessary by the Board of Supervisors or officer in charge of elections.  The notice may be mailed, emailed, or otherwise electronically transmitted. 

Entering into an Agreement with the County for Election Services 

Cities and towns holding consolidated elections will need to negotiate a contract with the county for election administration.  This contract should be entered into significantly in advance of the election.  (This agreement or a separate agreement may also address the use of county registration lists).² 

Publishing a Call of the Election (optional unless required by local code or charter) 

A call of election is not required under state law for a city or town election unless the election will not be held concurrently with a general election or the call of the election is required by the local code, local charter, or the agreement with the county (IGA).³ Regardless, the agreement with the county likely requires the local clerk to provide written notice to inform the applicable officer in charge of elections that the city or town intends to conduct an election.⁴  This written notice must be provided no later than 180 days before the election.⁵ 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. 

Although cities and towns are no longer required by state law to publish a call or notice of election, it is important to inform the public about the election and to alert candidates about filing dates.⁶  The clerk can post the election information (see sample Notice of Election Resolution) on the city or town website and public posting locations.  If your city or town decides to also publish a “call of election” in a newspaper, it will need to be published at least twice in a newspaper of general circulation in the city or town (not less than 1 week apart) during the 6 calendar weeks preceding 150 days before the election.⁷ The “call of election” should also be posted on the city or town website and public posting locations. 

Providing Notice of Annexations to the County  

The county may have specific notice requirements regarding annexations, which may be included in the agreement with the city or town for election services.⁸ It is important for clerks to discuss county requirements with their city/town attorneys to ensure compliance. 

Even if there is no specific contractual requirement, it is strongly recommended that local clerks provide notice to the county ⁹ when a signed annexation petition has been submitted to the municipality (or the municipality plans to conduct a public hearing regarding a signed annexation petition) during the 90-day period prior to the election. This will ensure that any jurisdictional boundary change will not impact a voter’s ability to vote.   

Although a county gets notice of a proposed annexation when a blank annexation petition is filed with the county, counties have expressed concerns about past annexations that were finalized immediately prior to an election.  A municipal annexation within the 90-day period preceding the election makes it difficult for counties to add new registrants to the proper precincts.  Ballots are typically printed 60 days before an election and sent to military and overseas voters 45 days before the election.  Providing notice to the county ensures ballot access to voters. 

Locating Polling Places and Early Voting Sites  

For elections that are not consolidated with state and/or county elections, the city or town clerk may be charged with the responsibility of securing locations that can serve as polling places ¹⁰ and early voting sites.  The clerk will need to work with the city or town attorney to obtain the associated permissions to use these facilities and to ensure compliance with state law. ¹¹  If no suitable polling place can be found within a precinct, polls may be in an adjacent precinct.¹² 

Electioneering at Polling Places and Early Voting Sites 

In particular, a clerk can declare an emergency and specify that in one or more polling place locations electioneering is not allowed. This exception can only be invoked for actual emergencies (i.e., acts of God such as floods, wildfires) that render polling places unusable, or when the clerk has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation. If this emergency exception is invoked, the clerk must post a notice on the city or town website at least 2 weeks before the election that: 

• describes which polling place is affected and why; and 
• describes the number of attempts that were made to find a polling place before invoking the emergency designation.  

If an actual emergency occurs within 2 weeks of the election, the clerk must give as much notice as possible and include how many attempts were made to find a polling place before granting the emergency designation.¹³  

Waiting Times at Polling Places

Waiting Times at Polling Places ¹⁴ 

The Secretary of State specified in the Elections Procedures Manual a maximum allowable wait time of 30 minutes for any election and methods to reduce voter wait time at the polls in the primary and general elections to develop a wait time reduction plan.  The election marshal or inspector is to periodically measure the length of waiting times at the polling place throughout the day, and if the waiting time is 30 minutes or more, the marshal or inspector is to inform the officer in charge of elections and request additional voting machines, voting booths and board workers, as appropriate.¹⁵ 

Chain of Custody & Security of Voting Equipment 

The clerk is required to maintain records that show the chain of custody for all election equipment and ballots during early voting through the completion of provisional voting tabulation.¹⁶ Once again, this will not apply to a consolidated election; for consolidated elections, the county will maintain that record for all elections on the ballot.^{17a 17b} 

APPOINTING Election Boards and Tally Boards 

It is the duty of the city or town council to appoint election boards at least 10 days before the primary and general elections. The election boards will consist of one inspector, 2 judges, and 2 clerks in cities and towns having a population of 2,000 or less.¹⁸ In those cities and towns with precincts, the election board members must reside in the precinct in which the board is serving except if there are not enough qualified individuals to serve from the precinct, the inspector, marshal, judges and clerks must be qualified voters of the state.¹⁹ Cities and towns exceeding 2,000 in population according to the last official census will appoint one inspector, 2 judges, and 2 clerks for each precinct or voting district within the corporate limits.  State law provides that whenever possible persons appointed as inspectors should have previous experience as an election official.  Technically, it is the governing body of the city or town which appoints the election boards; however, the city or town clerk has the responsibility for ensuring that election boards are appointed pursuant to the election laws.  

The clerk is required to hold an instructional meeting of all inspectors and judges of the election boards not more than 45 days prior to the election.  Other members of the board may also be trained at the same time.  The instructor must be qualified and have practical experience in the election process.  Inspectors and judges of the election board must be instructed on:²⁰ 

• The operating mechanism of the voting device to be used.
• The duties of election officers during an election.  

The clerk may approve an alternate method of instruction and testing for election board members.  Each election board member who successfully completes the instruction must be certified as a premium board worker.  This instruction includes at least 8 classroom hours of instruction and a written exam on election law and procedures.  A certified premium board worker is not required to receive additional training for 30 months from the date of certification; however, the clerk may require premium board workers to receive additional training at any time.  In addition, the clerk is required to notify election board workers, in writing, of changes to the election law or procedures. 

After the election officers have received this instruction, the city or town clerk will issue a certificate attesting to this fact.  No person is permitted to serve as an election board worker at an election unless the person has received this instruction or has been appointed to the election board on Election Day.²¹  Members of the election board may appoint alternate election board members on the day of the election if for some reason the regular board member is not present at the opening of the polls.  Such alternates must be appointed from a list of persons, supplied by the clerk, who may be available for appointment as alternate election board members if the necessity arises.  These alternates do not have to reside in the precinct in which they serve as members of the election board.  The governing body will fix the compensation of election board officers, and such compensation must be a charge against the city or town.  The minimum payment permitted is $30 per day.²² Persons between the age of 16 and 18 may be appointed as election board clerks.  The person must be a United States citizen, be supervised by an adult who has been trained as an election officer, attend election board training and have written permission from their parent or guardian.²³ Once again, these appointments and requirements will be handled by the county in consolidated elections. 

PUBLISHING THE ELECTION Financial Statement 

The council is required to publish a true and correct statement of all money received into the public treasury and all money distributed from the treasury since the last report.  This Election Financial Statement must be published in a local newspaper at least 10 days before the biennial primary election; or if there is no such newspaper, the Election Financial Statement must be posted in 3 or more public places in the city or town.²⁴ As an alternative to developing new information, you may publish Schedule A of the State Budget forms for the appropriate years to meet this requirement. 

Sample Ballots 

At least 45 days prior to both the primary and general election, the clerk must prepare a proof of a sample ballot which is printed without endorsement or certificate.²⁵  A city or town may choose to distribute a mailer-type sample ballot to voters.²⁶  

Additionally, the clerk must mail a sample ballot proof to each candidate who has filed Nomination Papers and Nomination Petitions and, for partisan elections, submit the sample ballot proof to  each city or town chairman.  Within 5 days after receipt of the proof, the chairman may suggest changes to the party ballot.  If the clerk finds an error or omission in the ballot, the clerk must correct it. 

The clerk must also post a notice indicating that sample ballots are available on request in the clerk’s office.  These sample ballots and notice should be prepared and posted at the same time early ballots are ready for distribution.  State law requires that early ballots be ready not later than 33 days before the city or town election.²⁷ 

Finally, there are several restrictions on the printing and distributing of such sample ballots.²⁸  

1. The city or town must bear the cost of printing and distributing the sample ballots.
2. The return address of the mailer-type sample ballots cannot contain the name of an appointed or elected public officer nor may such a name be used to indicate who produced the sample ballot.  
3. The mailing face of such a sample ballot must be imprinted with the city/town seal and the words “official voting materials” and the sample ballot must contain the following statement: “This is a sample ballot and cannot be used as an official ballot under any circumstances”.  Notice of the identification at the polls requirement and a list of acceptable forms of identification are to be included with the sample ballots. You do not need to mail a sample ballot to a voter who is on the active early voter list.  The sample ballot cannot be marked and used as an official ballot except if voting machines are out of order and cannot be repaired or substituted.²⁹ 

Paper Ballots 

State law requires that paper ballots for early voters be available not later than 33 days before any city or town election.³⁰ Consequently, the clerk should order final paper ballots after review of the sample ballot in time to meet this requirement. The number of paper ballots furnished to each precinct must not be less than an amount exceeding by 1% the number of active registered voters whose names appear on the precinct register of the city or town.³¹  Paper ballots must be delivered to the inspector of each election board or each voting precinct at least 48 hours prior to the opening of the polls on Election Day. The clerk must take care to ensure that the outside of the packages is clearly labeled to denote the polling place for which the ballots are intended and the number of ballots within each package. All ballot packages must be sealed.  The inspector, upon receiving the ballots, will issue a receipt.³²  The printing or distributing of counterfeit ballots is a Class 5 felony.³³ 

When there are two or more candidates for a nomination, the names of all candidates for the nomination must be alternated on the ballots so that the name of each candidate appears substantially an equal number of times at the top, bottom and intermediate place on the ballot.³⁴ Rotation on the ballot is not required when there are fewer than or the same number of candidates seeking office as the number to be elected and the names must be in alphabetical order. 

Paper ballots must provide for a place to write in a person’s name not appearing on the ballot at primary and general elections; enough space must be provided for the number of offices to be filled at the election.³⁵ 

Voters may cast their votes by simply making a mark according to instructions in the appropriate space on the paper ballot.³⁶ They can make a mark in the designated space with any character or symbol that is noticeable to a reasonable person but does not identify or reveal the voter.³⁷ 

EARLY VOTING  

The clerk must make provisions for early voting.³⁸  Early ballots must be ready 33 days before the election to allow any qualified elector to apply for an early ballot and to complete and return it to the clerk prior to the election.  The clerk must also ensure the ballot return envelopes are tamper-evident when properly sealed and do not reveal the voter’s selections or political party affiliation (for partisan elections).³⁹ 

The provisions for early voting apply to any election called according to the laws of the State.   No reason for requesting an early ballot must be stated.⁴⁰ 

A qualified elector may make a single verbal or a single written and signed request for early ballots for both the primary and general election.  For all requests, the requesting elector must provide the address, date of birth and state or country of birth or other information that if compared to the voter registration on file would confirm the identity of the elector.⁴¹ However, electors may change the address on their voter registration when requesting an early ballot by including a signed affirmation that the information is true and correct.⁴² 

Early ballots must be available 33 days before the election but cannot be distributed more than 27 days before the election.  For all requests received 31 days or more before the election, you must send the requesting elector the early ballot not earlier than the 27^th day before the election and not less than 24 days before the election.⁴³ However, requests received prior to the election from military personnel, who are overseas, must be transmitted by mail, fax or other electronic format approved by the Secretary of State within 24 hours of the time the clerk receives the ballots from printing or the deadline for preparation (33 days before the election).⁴⁴ 

To receive an early ballot by mail, the elector’s request must be received by the clerk no later than 5:00 p.m. on the eleventh day preceding the election.⁴⁵ An elector may vote in person at an on-site early voting location set up by the clerk until 5:00 p.m. on the Friday preceding the election.  If you receive requests within 27 days before the election, you must respond to those requests within 48 hours of receiving the request.⁴⁶ Saturdays, Sundays and other legal holidays are excluded from the computation of this 48-hour period.  Also, qualified electors because of an emergency occurring between 5:00 p.m. on the second Friday preceding the election and 5:00 p.m. on the Monday preceding the election may request to vote early in the manner prescribed by the city or town clerk.⁴⁷ An elector who is voting at an on-site early voting location or other early voting location, or as a result of experiencing an emergency must provide the same identification required at the polls on Election Day.⁴⁸  Additionally, if an elector is voting due to an emergency, the elector must sign a statement under penalty of perjury that states the person is experiencing an emergency after 5:00 p.m. on the Friday immediately preceding the election and before 5:00 p.m. on Monday immediately preceding the election that would prevent the person from voting at the polls.  These signed statements are not subject to inspection under public records law.^{49a 49b} 

Qualified voters in the United States armed services, their spouses and any dependent qualified to vote as well as persons whose information is protected,^{50a 50b} can request an early ballot with a Federal Postcard Application that contains both an early voter registration and an early ballot application.⁵¹ A city or town clerk, upon receiving a request for early voting, must mail postage prepaid to the address provided by the requesting elector, fax or send by the internet or other electronic means as specified by the voter the early ballot.  If no method is specified by the voter, the clerk must use the method specified in the State Elections Procedures Manual to send the early ballot materials.⁵² Only the elector may be in possession of their unvoted early ballot.⁵³ 

Special provisions are set forth in State law concerning early ballots mailed to qualified voters in the armed forces, their spouses and dependents qualified to vote and persons whose information is protected.^{54a 54b} You are required to provide a method by which overseas voters and those in the armed services can verify at no cost to the voter whether their ballot has been received. 

A city or town clerk or other election officer may not deliver or mail an early ballot to a person who has not requested it for that election unless the voter is on the active voter registration list, made a one-time early ballot request for an election, the city or town is conducting a mail ballot election, or a special district is conducting a mail ballot election.⁵⁵ An election officer who knowingly violates this prohibition is guilty of a Class 5 felony.⁵⁶ Additionally, any person who knowingly provides a mechanism for voting to another person who is registered in another state, including by forwarding an early ballot addressed to the other person, is guilty of a Class 6 felony.⁵⁷ 

A person who receives an early ballot at an address at which another person formerly resided, without voting the ballot or signing the envelope, must write “not at this address” on the envelope and place the mail piece in a U.S. postal service collection box or other mail receptacle.⁵⁸ On receipt the county recorder or other officer in charge of elections must proceed in the manner prescribed in A.R.S. § 16-544(E). ⁵⁹ 

When the county recorder receives confirmation from another county that a person registered has registered to vote in that other county, the county recorder must remove that person from the active early voting list.⁶⁰ Additionally, if the county recorder receives credible information that a person has registered to vote in a different county, the county recorder must confirm the person’s voter registration with that other county and, on confirmation, must remove that person from the county’s active early voting list pursuant to A.R.S. § 16-544(Q). 

The city or town clerk must send an alphabetized list of all voters applying for early ballots to the election board of the precinct in which the voter is registered not later than the day before the election.⁶¹ 

Note: For cities and towns that hold an election on the consolidated election date that coincides with any partisan primary election, a voter who is not a member of a political party has the option to select a party ballot that includes nonpartisan offices and ballot questions, or a ballot with only nonpartisan offices and ballot measures.⁶²  

The entire early ballot election packet must contain the following: 

1. Instructions for the completion of the early ballot, including a statement about the deadline to return the ballot and the ballot will not be counted without the voter’s signature on the return envelope.⁶³ 
2. An early ballot sent in an envelope that states substantially the following: “If the addressee does not reside at this address, mark the unopened envelope “Return to Sender” (or an alternate statement that clearly instructs and permits the recipient to indicate the addressee does not reside at the address) and deposit it in the U.S. mail.⁶⁴ 
3. A copy of the ballot with “Early” printed or stamped on the ballot.⁶⁵
4. A ballot affidavit envelope that does not reveal the voter’s selections (or political party for partisan elections) and is “tamper evident” when properly sealed.^{66a 66b} 
5. A return envelope.⁶⁷  

Once the ballot has been voted and folded by the voter so the contents may not be revealed, the return envelope (also known as the ballot affidavit envelope) is sealed with the voted ballot and completed affidavit inside.  The ballot affidavit envelope is then returned to the city or town clerk and must be received by 7:00 p.m. on Election Day.⁶⁸ The office of the city or town clerk must remain open until 7:00 p.m. on Election Day for the purpose of receiving early ballots.⁶⁹ 

If practicable, the county recorder or other officer in charge of elections must count the number of early ballots that are returned at voting locations on Election Day and must post on its website those totals with the last unofficial results that are released on election night pursuant to A.R.S. § 16-622.  Beginning with the day following the election, the county recorder or other officer in charge of elections must enter the county’s ballot tracking system, if established, early ballots that were returned at the voting location on Election Day.⁷⁰ 

Active Early Voting List⁷¹ 

Any voter can request to be included on active list of voters to receive an early ballot by mail for any election for which the county voter registration roll is used to prepare the election register.⁷² The county recorder is required to maintain the active early voting list as part of the voter registration roll.  Cities and towns that want to have access to the active early voter list for their jurisdiction will need to work with their county election office, particularly those jurisdictions that do not contract with the county for election assistance.  For those who contract with the county for election services, the requirements under this law will be performed by the county. 

A voter who wishes to be placed on the active early voting list must make a written request supplying required information including name, residence address, mailing address, date of birth and signature.⁷³ Not less than 90 days before any polling place election scheduled to be held in March or August, a notice must be mailed to each voter on the active early voting list with information on the dates of the elections that are the subject of the notice, the dates that the voter’s ballot is expected to be mailed and the address where the ballot will be mailed.⁷⁴ The notice must be delivered with return postage prepaid and must allow the voter to change the mailing address to which the ballot is to be sent to another location in the voter’s county of residence; update the voter’s address in the county of residence; or request that the voter not be sent a ballot for the upcoming election indicated on the notice.  Procedures are specified if the notice is returned undeliverable.  If an election is not formally called by 120 days before the election, this notice is not required to be mailed.  

A candidate, political action committee or other organization may distribute active early voting list request forms to voters.⁷⁵ If the request form includes a printed address for return, that address must be for the political subdivision that will conduct the election.  For those of you contracting with the county to run your election, the return address should be to the county.  Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to 3 times the cost of the production and distribution of the active early voting list request. 

In addition, all original and completed active early voting list request forms that are received by a candidate, political action committee or other organization must be submitted within 6 business days after receipt by a candidate or political action committee or 11 days before Election Day, whichever is earlier, to the political subdivision that will conduct the election.⁷⁶ Any person, political action committee or other organization that fails to submit a completed active early voting list request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal.  Any person who knowingly fails to submit a completed active early voting list request form before the submission deadline for the election immediately following the completion of the form is guilty of a Class 6 felony.⁷⁷   

For those on the active early voting list, an early ballot must be mailed on the first day of early voting unless the voter has notified the election officer within 45 days before the election to not send the ballot.⁷⁸ A person remains on the list until 1) they ask to be removed, 2) their registration is canceled or moved to inactive status, 3) the notice mailed to the person is returned undeliverable by the post office and the voter cannot be contacted to determine whether they would like to remain on the list, or 4) the voter fails to vote an early ballot in all elections for two consecutive election cycles excluding special taxing district elections or special district mail ballot elections.⁷⁹ “Election” means any regular primary or regular general election for which there was a federal race on the ballot of for which a city or town candidate primary or first election or city or town candidate second, general or runoff election was on the ballot.  “Election cycle” has the same meaning as the campaign finance laws – for cities and towns, the two-year period beginning on the first day of the calendar quarter after the calendar quarter in which the city or town’s second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city or town’s immediately following second, runoff or general election is scheduled, however that election is designated by the city or town.⁸⁰ Statute outlines the procedures for the county recorder to remove a voter from the active early voting list – this is not a clerk responsibility.⁸¹  

Distribution of Early Ballot Request Forms 

Like active early voting list requests, a candidate, political action committee or other organization may distribute early ballot request forms to voters.⁸² The return address on the request form must be the address of the political subdivision that will conduct the election, which may be the county.  All early ballot request forms that are received by a candidate or political action committee must be transmitted within 6 business days after receipt by the candidate or political action committee or 11 days before Election Day, whichever is earlier.⁸³ Failure to submit a completed early ballot request form within the specified time is subject to a civil penalty of $25 per day for each completed form not submitted.  The penalty for failure to submit a form before the deadline for the election is a Class 6 felony.⁸⁴ 

Ballot Drop-Off Locations and Drop-Boxes 

Municipalities that establish one or more ballot drop-off locations or drop-boxes must develop and implement procedures to ensure the security of the drop-off location and/or drop-boxes and must comply with the requirements to ensure the safety and security of the ballots, including the development and implementation of secure ballot retrieval and chain of custody procedures. If the city or town has contracted with the county, instructions will be provided by the county to municipal staff for drop-off locations or drop-boxes that are located on municipal property.  More extensive requirements are outlined in the State Elections Procedures Manual ⁸⁵ and should be reviewed before the start of early voting.  

Disabled or Hospitalized Voters 

A special procedure has been established to accommodate qualified electors who are unable to go to the polls because of continuing illness or physical disability.⁸⁶  Such a voter may make a verbal or written request for the clerk to have a ballot delivered by a special election board. Such requests must be made by 5:00 p.m. of the second Friday before the election, although the clerk is allowed to waive this time requirement for those who become ill or disabled after that date.⁸⁷ The clerk must honor such requests, when possible, up to and including the last day before the election.  As many such special election boards as are necessary may be appointed.  A person who is a candidate for office other than precinct committeeman is not eligible to serve on the special election board.⁸⁸ 

Statutory arrangements have also been made for qualified electors hospitalized after 5:00 p.m. on the second Friday preceding the election but before 5:00 p.m. on Election Day.⁸⁹ These individuals may request, from the city clerk, a special elections board to deliver a ballot to the elector’s place of confinement. If a special elections board can respond to the request, the ballot must be sealed in an envelope and processed as a provisional ballot.  Additionally, the voter must provide the same identification as required on Election Day at the polling location and sign a statement under the penalty of perjury that the person is experiencing an emergency under timeframes that prevent the voter from voting at the polls on Election Day.  This statement is not subject to public records law.⁹⁰   

State law provides that the members of this special election board be reimbursed for travel expenses at a rate to be determined by the council and receive compensation in an amount determined by the council.⁹¹ 

The manner and procedures for voting by individuals with disabilities and hospitalized electors must be the same as the procedures for early voters (except that A.R.S. § 16-541(A) requires “voting by the use of an accessible vote by U.S. mail option for persons who are blind or have a visual impairment).  After marking the ballot in private so that the board cannot observe the voting process, the voter with disabilities will hand the ballot in the sealed envelope and completed affidavit to the special election board who must deliver the ballot to the clerk.^{92a 92b} 

If a city or town council determines that a polling place is inaccessible to the elderly or individuals with disabilities, it must provide for alternative voting procedures as established by the Secretary of State.  Such procedures are available from the Office of the Secretary of State and were developed in accordance with the Federal Voting Accessibility for the Elderly and Handicapped Act.⁹³ 

Rotation of Names 

Candidate names are rotated on the ballot in accordance with the privileges and immunities provision of the State Constitution.⁹⁴ If the number of candidates is equal to or less than the number to be elected, rotation of names is not required, and the names should be placed in alphabetical order. For ballot-by-mail elections (all mail ballot) where there are 2 or more precincts, candidate name rotation is required unless rotation is found to be impracticable in which case the name order is to be drawn by lot at a public meeting.⁹⁵  If the county is administering your election and requests that the jurisdiction draw lots at a public meeting for the ballot order, the city or town may want to request that the county provide a statement in writing for why the candidate rotation is impracticable to meet the requirements under state law.  

Optical Scan Balloting 

Optical scan ballots must have material printed in the same order as for paper ballots, except that material may be printed in vertical or horizontal rows or on separate pages.  Titles of offices must be arranged to clearly indicate the candidates for each office and the number to be elected.⁹⁶ 

Electronic Voting Systems 

There are, of course, different procedures for ballot preparation if your city or town uses an electronic voting system.  We suggest that both the city or town clerk and attorney review A.R.S. Title 16, chapter 4, articles 4 and 5, before proceeding with an election using vote tabulating equipment. You may also wish to review the State Elections Procedures Manual and the Help America Vote Act (HAVA) requirements.  A city or town may adopt for use in its election any electronic voting system or vote tabulating device approved by the Secretary of State, which includes certification by Voting System Test Laboratory, the federal Election Assistance Commission, and the Secretary of State, based on a recommendation from the State Election Equipment Certification Committee.⁹⁷ 

Supplies 

The requirements regarding ballot and supplies are outlined in Article 6 of Title 16 and State Elections Procedures Manual.⁹⁸  It is the duty of the governing body of the city or town to pay for these items.⁹⁹  Although there is no legal requirement for a U.S. flag to be flown at each polling place in a municipal election not conducted by the county, it is customary to display the flag while the polls are open.¹⁰⁰ 

Electioneering: 75-Foot Limit

Electioneering: 75-Foot Limit ¹⁰¹ 

“Electioneering” occurs when an individual knowingly, intentionally, by verbal expression and to induce or compel another person to vote in a particular manner or to refrain from voting expresses support for or opposition to a candidate who is on the ballot at that election or a ballot question which appears on the ballot at that election. A voter is allowed to bring in materials, but electioneering materials cannot be displayed at the polls. A minor may accompany a voter into the polling place.¹⁰²   

Each polling place must be provided with 3, 75-foot limit signs prepared with 2-inch letters reading “75-foot limit” followed by this notice:  

“No person shall be allowed to remain inside these limits while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of such political party, and the challengers allowed by law.  Voters having cast their ballots shall at once retire without the 75-foot limit. A person violating any provision of this notice is guilty of a Class 2 misdemeanor.”¹⁰³ 

The purpose of this statutory provision is to prohibit any person other than voters and election officials from being within 75 feet of the polling place, to prevent interference with officials in the handling of voters and to prevent voter delay or intimidation.^{104a 104b} A person is prohibited from taking photographs or videos while within the 75-foot limit.  No person, after the opening of the polls, is allowed within the 75-foot limit except for the purpose of voting, other than election officials and the challengers allowed by law.  An election official or a challenger who is allowed within the 75-foot limit is prohibited from electioneering or from wearing, carrying, or displaying materials that identify or express support for or opposition to a candidate, political party or organization, a ballot question or any other political issue.  

State law does not prohibit a city or town from holding a special election in conjunction with a State primary or general election at the same time and at the same polling place.¹⁰⁵ In other words, both city or town and county election officials may be present to conduct 2 different elections in the same polling place, without violating the 75-foot limit law.¹⁰⁶ The Attorney General has concluded that handing out of campaign literature, placing signs, distributing advertising material, and obtaining of signatures on any form of petition within this area of the polls is prohibited.¹⁰⁷ 

State law also stipulates that it is unlawful for any person to electioneer within 75 feet of the polling place or an on-site early voting location.¹⁰⁸ In this regard, the Attorney General has concluded that radio or television broadcasts, the use of sound trucks heard within this area, the distribution of newspaper articles or ads, the delivery of handbills, and the placing of signs are prohibited.¹⁰⁹   

Except in the case of an emergency, any facility that is used as a polling place on Election Day or that is used as an early voting site during the period of early voting must allow persons to electioneer and engage in other political activity outside of the 75-foot limit in public areas and parking lots used by voters. Temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters are not permitted.¹¹⁰ 

There is an emergency exception to this requirement to allow electioneering outside the 75-foot limit, but it comes with reporting requirements and strict limitations.¹¹¹

Kids Voting 

A minor voting ¹¹² in a simulated election at a polling place is subject to the same 75-foot limit restrictions prescribed for a voter.  Persons supervising or working in a simulated election in which minors vote may remain within the 75-foot limit of the polling place. 

Liquor Establishments – Election Days 

A question frequently asked by municipal officials is whether bars and package liquor stores may remain open on municipal election days. The answer is “Yes.” ¹¹³  

Penal Provisions 

Election workers and other city or town officials involved in the election process should be informed as to the penal provisions included in the election laws.  The statutes make the following offenses matters of criminal action: 

1. Corruption of electors.¹¹⁴
2. Election wagers.¹¹⁵
3. Coercion or intimidation of an elector.¹¹⁶ 
4. Intimidation of an elector by the employer.¹¹⁷ 
5. Changing the vote of an elector by a corrupt means or by inducement.¹¹⁸  
6. Interference with or corruption of an election officer; interference with voting equipment; or knowingly impersonating any election official.¹¹⁹ 
7. Willful neglect of duty by an election officer.¹²⁰
8. The refusal of an election officer to perform their duties.¹²¹
9. Altering, defacing, or covering any political signs of a candidate or ballot measure between 45 days prior to a primary election and 15 days after a general election, (or 15 days after the primary election if the candidate fails to advance to the general election) except signs placed on private property or signs violating a State law or local ordinance.¹²²
10. Offering or receiving any compensation for a ballot.¹²³
11. Offering or providing any consideration to acquire a voted or unvoted early ballot; receiving or agreeing to receive any consideration in exchange for a voted or unvoted ballot;  possessing a voted or unvoted ballot with the intent to sell the voted or unvoted ballot of another person; soliciting the collection of voted or unvoted ballots by misrepresenting itself as an election official or as an official ballot repository or found to be serving as a ballot drop off site, other than those established and staffed by election officials; collecting voted or unvoted ballots and not turning those ballots in to an election official, the United States postal service or other entity permitted by law to transmit ballots; engaging or participating in a pattern of ballot fraud (“pattern of ballot fraud” means the person has offered or provided any consideration to 3 or more persons to acquire the voted or unvoted ballot of a person); knowingly marking a voted or unvoted ballot or ballot envelope with the intent to fix an election for the person’s own benefit or for that of another person.¹²⁴
12. Knowingly collecting voted or unvoted early ballots from another person is a Class 6 Felony.  The following individuals are deemed to have not “collected” an early ballot if the person is engaged in official duties: An election official (undefined); a U.S. postal service worker; or any other person who is allowed by law to transmit U.S. mail.¹²⁵  

If electronic pollbook systems are used for signature rosters, at least 2 electronic poll book systems must be provided for each polling place which are capable of printing poll lists, and lists of voters, and a separate affidavit must be supplied for the inspector’s signature that is in substantially the same format as prescribed for paper signature rosters.¹²⁶  The electronic pollbook system must be secured in a manner to prevent unauthorized access^.127  

Ballot Boxes and Ballots 

Each polling place must have at least one ballot box.  Before receiving any ballots, the ballot box must be opened at the polling place to determine that the box is empty. 

After the ballot boxes have been inspected, they must be closed and locked and remain in the polling place in the presence of bystanders until all ballots are counted and until the polls have closed.¹²⁸  There is an exception to this prohibition in the case of an emergency that leaves a polling place unusable.  If a locked ballot box must be moved from the polling place during Election Day because of an emergency, at least 2 members of the election board must accompany the locked ballot box to the new polling location.  If 2 members are not available for the move, one election board member and a law enforcement officer can transfer the box.  After the move, 2 other election board members must verify the arrival of the ballot box at the new location and that it was not opened or damaged.  The board members who accompany the box and those who verify its safe arrival must file a report detailing the actions taken to deal with the emergency move of the ballot box.  They must also indicate on the official documents containing their oath that they witnessed the transfer of the ballot box and that it remained locked. 

If the ballot box becomes too full during Election Day, the election board can remove some of the ballots and place them in the case that will be used for transfer of the ballots to the counting location.  If this is done, the inspector and judges must oversee the transfer and the number of removed ballots and sign a record of the count and place it in the transfer case.  The list of procedures to address ballot box overflow are outlined in the State Elections Procedures Manual.¹²⁹ 

Final Preparations 

The clerk should ensure that everything is in order the day before the election.  This includes the physical arrangements: chairs, tables, voting booths and the necessary supplies for the election workers.  Thorough preparation before the election should minimize the number of Election Day crises and facilitate the orderly voting of local citizens. 

Opening of Polls 

The polls are officially opened at 6:00 a.m. by proclamation.  The proclamation must be made aloud by an election official and should be substantially as follows: 

“The polls are now open.” ¹³⁰ 

Upon entering the polls, there is a procedure which every elector must follow to obtain a ballot. 

1. The elector must announce his or her name and place of residence in a clear and audible voice to the election official in charge of the signature roster.  If for some reason the elector cannot speak, the elector may present the elector’s name and residence in writing to the official.  At the same time, the voter must present one form of identification that bears the voter’s name, address and photograph; or 2 forms of identification that bear the name and address of the voter; or one form of acceptable photo identification with one form of non-photo identification that bears the name and address of the elector.
   
2. If the voter does not provide suitable identification, the voter is allowed to vote a conditional provisional ballot.
   
3. If the voter surrenders the early ballot to the precinct inspector and the voter is not otherwise required to be issued a provisional ballot, the voter must be issued a standard ballot after presenting valid identification.¹³¹  The precinct inspector must retain the surrendered early ballot, unopened in its affidavit envelope.  
   
   The Secretary of State’s Elections Procedures Manual lists the following forms of acceptable identification but notes that county election officials may allow other forms of identification so long as the statutory requirements are met:¹³² 
   
   List 1 – Acceptable forms of identification with photograph, name, and address of the elector:
   
   – Valid Arizona driver license
   
   – Valid Arizona non-operating identification license 
   
   – Tribal enrollment card or other form of tribal identification  
   
   – Valid United States federal, state, or local government issued identification 
   
   – An identification is “valid” unless it can be determined on its face that it has expired 
   
   List 2 – Acceptable forms of identification without a photograph that bear the name and address of the elector (2 required in either paper or electronic format): 
   
   – Utility bill of the elector that is dated within 90 days of the date of the election.  A utility bill may be for electric, gas, water, solid waste, sewer, telephone, cellular phone, or cable television
    
   – Bank or credit union statement that is dated within 90 days of the date of the election 
    
   – Valid Arizona Vehicle Registration
   
   – Indian census card 
    
   – Property tax statement of the elector’s residence
     
   – Tribal enrollment card or other form of tribal identification  
   
   – Arizona vehicle insurance card 
    
   – Recorder’s Certificate
    
   – Valid United States federal, state, or local government issued identification, including a voter registration card issued by the County Recorder 
    
   – Any mailing to the elector marked “Official Election Material” 
   
   – All items from List 2 may be presented to poll workers in electronic format including on a smart phone or tablet.  An identification is “valid” unless it can be determined on its face that it has expired.  
   
   List 3 – Acceptable forms of identification, 1 identification with name and photo of the elector accompanied by 1 non-photo identification with name and address:
   
   – Any valid photo identification from List 1 in which the address does not reasonably match the precinct register accompanied by a non-photo identification from List 2 in which the address does reasonably match the precinct register
   
   – U.S. Passport without address and one valid item from List 2 
   
   – U.S. Military identification without address and one valid item from List 2  
   
   – An identification is “valid” unless it can be determined on its face that it has expired.    
   
   There are special identification requirements for Native American electors which appear in the State Elections Procedures Manual.¹³³ 
   
   Once the elector has provided acceptable identification, the poll worker compares the information on the identification with the information the elector announced.  If the names are the same, the poll worker compares the identification to the signature roster.  If the information matches up, the elector is allowed to vote a regular ballot. If there are discrepancies or the voter fails to provide identification, the voter is allowed to vote a provisional ballot. 
   
   Both the residence address and the mailing address if different will be on the signature roster giving the poll workers the ability to use either address to determine if acceptable identification is provided. 
   
   If the elector does not provide identification as specified, the elector is issued a conditional provisional ballot. The provisional ballot envelope is marked to show that the elector did not provide identification.  The poll worker notifies the elector that the person must provide identification to the election official before their ballot will be counted.  The poll worker is to provide information to the voter on how and where the elector can provide the proof of identification which proof must be received by 5:00 p.m. on the fifth business day following a primary, general, or special election that includes an election for a federal office, or by 5:00 p.m. on the third business day following any other election.
    
4. If the elector’s name is found upon the precinct register showing that the elector is legally entitled to vote in the precinct, the election officer in charge of the signature roster will repeat the name of the voter and allow the elector to enter the voting area.¹³⁴
5. If a paper signature roster is used, the voter must sign his or her name on the signature roster. If by reason of physical disability, the elector cannot sign his or her name, an election judge or inspector may sign the roster for the elector.  In this case, the name of the elector is written in red ink.  For precincts in which an electronic poll book system is used, each qualified elector must sign the elector’s name as prescribed in the State Elections Procedures Manualbefore receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector is written with the inspector’s or judge’s attestation on the same signature line.¹³⁵ 
6. The clerk will then enter the elector’s name on the poll list.  The voter’s names will be consecutively numbered by the clerk in the order of applications for ballots. 
7. The judge must then give the unvoted ballot and a ballot privacy folder to the elector and the elector’s name is checked on the precinct register (the elector does not have to accept or use the ballot privacy folder).¹³⁶  Any registered voter may, at the voter’s option, be accompanied by a minor in the voting booth or be accompanied and assisted by a person of the voter’s own choice during any process relating to voting or during the actual process of voting on a paper ballot, machine or electronic voting system.  A person who is a candidate for an office in that election other than the office of precinct committeeman is not eligible to assist any voter.¹³⁷ 
8. After the person has voted, the voter must deposit the ballot in the ballot box.  If the voter requests, the voter may hand the ballot to the election board official to deposit the ballot in the ballot box.¹³⁸ 
9. If an elector’s name is not on the precinct register, an election official must determine whether the person is on the county inactive voter list.  If the elector is on the inactive voter list, the elector must be allowed to vote upon affirmation by the elector before an election official at the polling place that the elector continues to reside at the address indicated on the inactive voter list.  The elector’s name is entered on a separate signature roster and numbered consecutively. If the elector indicates that the elector lives at a new residence within the county, the election official must direct the elector to the polling place for the new address or the elector may vote a provisional ballot.  Following the election, the clerk should submit the names to the county recorder for placement back on the general register^{139a 139b} 
10. If a voter’s name is not on the precinct register or the county inactive voter list and the voter presents an appropriate certificate from the county recorder issued 29 days prior to the election, the voter must be allowed to vote.  The name of the voter is entered at the end of the signature roster.  The voter is given the next register number and is then requested to sign in the appropriate space on the signature roster.¹⁴⁰ 
11. If the voter’s name is not on the precinct register or the county inactive voter list, upon presentation of identification verifying the identity of the elector that includes the voter’s given name and surname and the complete residence address that is verified by the election board to be in the precinct, the person must be allowed to vote a provisional ballot.¹⁴¹  
12. If the voter’s name is not on the precinct register or the county inactive voter list, and the voter has moved from the address listed on the voter’s registration to another address within the same county and fails to notify the county recorder of the change of address before the date of the election, the voter must be allowed to correct the voter registration records and has a right to vote a provisional ballot but must vote at the correct polling place for the voter’s current address in order for the vote to count.  The voter must present a form of identification that includes the voter’s given name and surname and the voters complete residence address that is located within the precinct for the voter’s new residence address.^{142a 142b}    

On completion of the ballot, the election official shall place the ballot in a provisional ballot envelope and deposit the envelope in the ballot box.  Within 10 calendar days after a general election that includes an election for a federal office and within 5 business days after any other election, or no later than the time at which challenged early voting ballots are resolved, the signature must be compared to the precinct signature roster of the former precinct where the voter was registered.  If the voter’s name is not signed on the roster and if there is no indication that the voter voted early, the provisional ballot envelope must be opened and the ballot counted.  If there is information showing the person did vote, the provisional ballot must remain unopened and must not be counted.¹⁴³    

When a voter is allowed to vote a provisional ballot, the voter’s name is entered on a separate signature roster page.  These electors’ names are numbered consecutively beginning with the number V-1. The elector must sign in the space provided. The ballot of such a voter must be placed in a separate envelope on the outside of which is written: 

1. Precinct name or number. 
2. A sworn or attested statement of the elector that the elector resides in the precinct, is eligible to vote in the election and has not previously voted in the election. 
3. The signature of the elector. 
4. Voter registration number of the elector (if available). 

Before such ballots are counted, the clerk must verify the registration of the voter.  Such verification must be made by the clerk within 5 business days following the election (10 calendar days if the election includes a federal office).  The verified ballots are counted by depositing the ballot in the ballot box and showing on the records of the election that the elector has voted. If the registration is not verified the ballot must remain unopened and must be retained in the same manner as voted ballots.¹⁴⁴ 

Notice to Voters 

The clerk must furnish in each voting booth a card or poster printed in large plain type instructions for the voting procedures of the ballot unless the information is printed on the sample ballot.  The text for the card or poster must contain specific language required by statute.¹⁴⁵ 

Instructions to Voters 

Where paper ballots are used, voting instructions will be provided on cards or posters placed in the booth.  These instructions must clearly set forth the voting instructions.^{146a 146b} 

Notice of Overriding Overvotes 

If the voting equipment used for the election provides for the rejection of overvoted ballots or ballots that contain other irregularities, a written notice must be provided advising the voter that if the voter chooses to override the overvoted office or measure or override any other ballot irregularity, the voter’s vote for that office or measure will not be tallied.  The notice must be posted on or near the voting equipment so that the voter has a clear view of the notice.¹⁴⁷ 

Notice of Right to Vote a “Provisional Ballot” 

The clerk must furnish each precinct at least 2 “Right to Vote a Provisional Ballot” notices that contain the information set forth in the State Elections Procedures Manual.¹⁴⁸ 

Provisional Ballot Counting Notification 

Any person voting a provisional ballot must be notified by the election officer as to whether their ballot was counted or not and the reason if it was not counted.¹⁴⁹  Notification may be in the form of notice by mail, establishing a toll-free phone number, internet access or other similar method. 

Challenge by Electors 

Any qualified elector of the city or town may orally challenge any person attempting to vote.¹⁵⁰ Challengers may be persons who represent a candidate or the public.  There are no specific provisions for challengers in non-partisan elections. Early ballots may also be challenged.¹⁵¹ 

The grounds for challenging are as follows:¹⁵² 

1. The voter is not the person whose name appears on the register. 
2. Voter has not been a State resident for 29 days preceding the election (or the city or town). 
3. Voter is not properly registered at a “permitted address”.¹⁵³ 
4. Voter has voted previously at that election. 
5. Voter is not a qualified elector (e.g., the voter is not 18 years of age). 

Once a challenge has been issued to the voter, the voter must take and subscribe to the oath in the affidavit of registration if the voter appears to be registered; and the voter may, at the voter’s option, be sworn and questioned by the election inspector.¹⁵⁴  Any returned U.S. mail addressed to the person challenged, the spouse of the person challenged or both, and to the address appearing on the precinct register or affidavit will be considered as sufficient grounds for a challenge.¹⁵⁵  After examination, if a majority of the election board is satisfied that the challenge is invalid, the elector may vote their ballot.  If the person challenged refuses to be sworn or refuses to answer questions material to the challenge or if a majority of the election board finds the challenge to be valid, the person must be permitted to vote a provisional ballot.¹⁵⁶  

Challenging Early Ballots 

An early ballot may be challenged for the same reasons listed under challenging of voters in this Manual. All challenges must be made in writing with a brief statement of the grounds.¹⁵⁷  The procedures for such challenges are written for partisan elections.  For those with consolidated elections, this should not be an issue because if there is a challenge it will be to the entire early ballot; for those with stand-alone nonpartisan elections, your attorney should be consulted on whether the challenge procedures apply and if so, how they should be applied.  

If an early ballot is challenged, it will be set aside and retained in the possession of the early election board or other officer in charge of early ballot processing.  Within 24 hours of receipt of a challenge, the early election board or other officer in charge of early ballot processing must mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the request for early ballot or, if none was provided, to the mailing address shown on the registration rolls.  Notice must also be mailed to the challenger at the address listed on the written challenge. For partisan elections, the notice must be provided to the chair of the political parties included on the ballot. 

The board must meet to determine the challenge at the time specified by the notice but, in any event, not earlier than 96 hours after the notice is mailed, or 48 hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m. on the Monday following the election.  The board must provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge.  The board may decline to permit comments, either in person or in writing, by anyone other than the voter, the challenger and the party representatives.  The burden of proof is on the challenger to show why the voter should not be permitted to vote. The fact that the voter fails to appear must not be deemed to be an admission of the validity of the challenge.  The early election board or other officer in charge of early ballot processing, is not required to provide the notices described in this section if the written challenge fails to set forth at least one of the grounds listed under challenging of voters in this Manual as a basis for the challenge.  In that event, the challenge will be summarily rejected at the meeting of the board. 

If the voter does not appear, the board must send the voter a notice stating whether the early ballot was disallowed and, if disallowed, providing the grounds for the determination.  The notice must be mailed first class to the voter’s mailing address as shown on the registration rolls within 3 days after the board’s determination. 

The election board must require one of the clerks to keep a list of the names of all persons challenged, the grounds of the challenge and the determination of the board upon the challenge. Copies of the list should be kept by the officer in charge of early ballot processing as a public record.  Affidavits of challenged voters, decisions of election officials and challenge lists must be a part of the official returns and must be delivered to the city or town council.¹⁵⁸ 

Poll List 

If the jurisdiction uses paper signature rosters, at least one election board clerk is required to keep a separate poll list in duplicate.  This poll list is in addition to the signature roster and is a sequential record of those persons voting.  The name of the person voting and the register number (order in which the person voted) will be recorded on the poll list.  Poll lists are written on one side only, and all copies must be legible triplicate copies.  The form of this poll list is specified in statute.¹⁵⁹ 

Closing of Polls – Notice 

All polls must be closed promptly at 7:00 p.m. It is the duty of the election official to proclaim the closing of the polls at one hour, at 30 minutes, at 15 minutes and at 1 minute prior to closing.  It is recommended that the same time keeping device be used throughout the day to maintain consistency.  The inspector and 2 judges determine the exact moment of closing.  All persons who are in the line of waiting voters at the time of closing must be permitted to vote.¹⁶⁰ 

Counting of Ballots 

State law specifies that the counting of early ballots cannot begin until the Secretary of State confirms that the election equipment passed logic and accuracy testing.  Statute also prohibits the release of early voting results until all precincts have reported or one hour after the polls close, whichever occurs first.  

The public has a right to observe the counting of ballots and up to 3 additional people representing candidates for nonpartisan office or representing a political action committee in support of or in opposition to a ballot measure may be present in the counting center.  To determine who gets to fill these slots, those candidates or groups interested submit their names no later than 17 days before the election and the 3 groups that get to observe are determined by the clerk drawing lots not less than 14 days prior to the election.¹⁶¹ If your city or town contracts with the county for the counting of your ballots at a central location, this process will be performed by the county. 

For any primary or general election in which the votes are cast on an electronic voting machine or tabulator, the election judge must compare the number of votes cast as indicated on the machine or tabulator with the number of votes cast as indicated on the poll list and the number of provisional ballots cast.  This information is to be noted in a written report prepared and submitted to the clerk along with other tally reports.¹⁶² 

Ballots which are spoiled must be marked “spoiled” on the backs thereof by the inspector and one judge.¹⁶³  If a question arises as to the legality of a ballot, in whole or in part, and the election board decides it is legal, the majority of the board must sign the back of the ballot after a concise statement of the facts leading to the objection is placed on the back of the ballot.¹⁶⁴ 

Due to the large number of early ballots cast in most elections and the provisional ballots cast at the polls, final election results will not be available until several days after Election Day.  You may wish to inform your candidates of this fact well in advance of the election.  In addition, on election night you should make sure that the press understands that election night results are not final and that after all the ballots are counted results could be substantially different.   

Determining Majority of Votes Cast 

Default Procedure 

Notwithstanding any other law or charter provision, a city or town may by ordinance provide that at the primary election any candidate for the office of mayor or city council who receives a majority of all votes cast at that election for that office is declared elected to the office for which the person is a candidate (effective as of the date of the general election).  The majority of votes cast is determined by: 

1. Adding the total number of votes cast at the primary for all the candidates for the office of councilmember at large. If your mayor is directly elected, you will need to calculate the office of mayor separately from the office of a councilmember at large – see example below.  If you have district elections, you will calculate each district separately. 
2. Dividing that sum by the total number of seats to be filled for that office.  Again, if you have a directly elected mayor and the seat is on the ballot, you will calculate the office of mayor separately from the office of councilmember.  If you have district elections, you will calculate each district separately.
3. Divide the amount by 2.
4. Round the number to the highest whole number.  This whole number is the “majority of votes cast.”

Here is an example of the calculations for council candidates voted at large: 

Votes cast for Candidate 1	Votes cast for Candidate 2	Votes cast for Candidate 3	Votes cast for Candidate 4	Votes cast for Candidate 5	Votes cast for Candidate 6	Total votes cast  for councilmembers at large
100	250	150	400	100	200	1200

REGULATING Political Signs

There are two types of complaints that your municipality may receive related to a political sign: (1) a complaint about the placement of a political sign (e.g., location, size, contact information), which is governed by A.R.S. § 16-1019; or (2) a complaint about an alleged campaign finance violation, which is governed by A.R.S. § 16-925 and A.R.S. § 16-938.[1] For this reason, the League suggests using a complaint form that distinguishes between these two types.

Violations under A.R.S. § 16-1019 Related to the Placement of a Political Sign

A.R.S. § 16-1019 governs the enforcement procedures related to the placement of temporary political signs placed in a city or town right of way.[2] Under this statute, there are two different types of violations related to the placement of political signs:

Under the first type of violation under A.R.S. § 16-1019, it a class 2 misdemeanor for any person to knowingly remove, alter, deface or cover any political sign of any candidate for public office or in support of or opposition to any ballot measure, question or issue – or to knowingly remove, alter or deface any political mailers, handouts, flyers or other printed materials of a candidate or in support of or opposition to any ballot measure, question or issue that are delivered by hand to a residence for the period commencing 45 days before a primary election and ending 15 days after the general election (except that for a sign for a candidate in a primary election who does not advance to the general election, the period ends 15 days after the primary election).[3]

Under the second type of violation under A.R.S. § 16-1019, city or town cannot remove a political sign during a specified period of time.[4]  Starting 71 days before the primary election[5] and ending 15 days after the general election (or ending 15 days after the primary election for a candidate who failed to advance to the general election), a city or town cannot remove, alter, deface or cover any political sign[6] if all of the following conditions are met:

• The sign is placed in a public right-of-way that is owned or controlled by that jurisdiction.
• The sign supports or opposes a candidate for public office, or it supports or opposes a ballot measure.
• The sign is not placed in a location that is hazardous to public safety, obstructs clear vision in the area or interferes with the requirements of the Americans with Disabilities Act (42 U.S.C. sections 12101 through 12213 and 47 U.S.C. sections 225 and 611). If the city or town deems that the placement of a political sign constitutes an emergency, the city or town may immediately relocate the sign. The city or town must notify the candidate or campaign committee that placed the sign within 24 hours after the relocation.
• The sign does not exceed the maximum allowable area of 32 square feet (or the maximum allowable area of 16 square feet if the sign is in an area zoned for residential use).
• The sign contains the name and telephone number, or website address of the candidate or campaign committee contact person.

If a sign does not meet the statutory criteria listed above and the placement is not deemed to constitute an emergency, the city or town may notify the candidate or campaign committee of the violation. If the sign remains in violation 24 hours after this notification, the city, town or county may remove the sign. The city or town must notify the candidate or campaign committee of the removal and retain the sign for at least 10 business days to allow the candidate or campaign committee to retrieve the sign without penalty.

A city or town can prohibit the installation of a sign on any structure owned by the jurisdiction. 

This type of violation does not apply to commercial tourism, commercial resort and hotel sign free zones as those zones are designated by municipalities.[7] The total area of those zones cannot exceed 3 square miles, and each zone must be identified as a specific contiguous area where, by resolution of the municipal governing body, the municipality has determined that based on a predominance of commercial tourism, resort and hotel uses within the zone the placement of political signs within the rights-of-way in the zone will detract from the scenic and aesthetic appeal of the area within the zone and deter its appeal to tourists. Not more than 2 zones may be identified within a municipality.[8]

State highways or routes, or overpasses over those state highways or routes, are not included in the areas where signs are allowed.

Local sign regulations may also apply. Placement of political signs on private property must follow local sign regulations, if any.

Important Note: On June 18, 2015, in Reed v. Gilbert,[9] the U.S. Supreme Court invalidated a Town of Gilbert ordinance that treated certain types of temporary signs differently based on their content. The ordinance imposed greater restrictions on “Temporary Directional Signs Related to a Qualifying Event” than on “Ideological Signs” or “Political Signs.”  Due to the impact of the Court’s decision on sign codes around the nation, please discuss sign enforcement with your attorney prior to election season to ensure compliance with A.R.S § 16-1019 and any local code requirement.

Regulating Campaign Finance Requirements related to a Political Sign

A.R.S. § 16-925 regulates campaign finance violations for failing to include the required advertising and disclosure statement on the political sign, which is subject to investigation and enforcement pursuant to A.R.S. § 16-938.[1]

A city, town or county employee acting within the scope of the employee’s employment is not liable for an injury caused by the failure to remove a sign unless the employee intended to cause injury or was grossly negligent.

---

[1] This is different than violations under A.R.S. § 16-1019, which governs the placement of temporary political signs placed in a city or town right of way. 

RESTRICTIONS ON THE USE OF PUBLIC RESOURCES AND PRIVATE MONIES FOR ELECTIONS

Illegal Use of City Funds

The Legislature has specifically prohibited cities and towns from using public resources “for the purpose of influencing the outcome of elections.”[1]  “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.[2]  The Attorney General has opined that “anything of value” can also include an employee’s time during normal work hours.[3] “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.[4]

The prohibition on the use of public resources to influence the outcome of bond, budget override, and other tax-related elections does not include routine city or town communications (messages or advertisements that are germane to the everyday functions of the city or town and that maintain the frequency, scope, and distribution consistent with past practices or are necessary for public safety).[5] The prohibition also does not include “informational pamphlets on a proposed bond election as provided in A.R.S. § 35-454 if those informational pamphlets present factual information in a neutral manner.”[6] The prohibition also does not include reports of official actions by the governing body.[7]  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.[8]  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.”[9]

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.[10]  “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. [11] 

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.[12] 

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.[13]

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.[14]  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. [15]  State law also prohibits the use of a municipality’s funds or insurance to pay for these penalties or misused funds.[16]

Prohibition on Using Private Monies for Elections

Notwithstanding any other law, a city or town cannot receive or expend private monies for preparing, administering, or conducting an election (including registering voters).[17]

CHAPTER 5 – 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: https://azsos.gov/elections/about-elections/arizona-election-laws-publications
4. A.R.S. § 9-821.
5. State ex rel. Brnovich v. City of Tucson, 251 Ariz. 45, ¶ 33, 484 P.3d 624, 632 (2021).
6. Even if a local charter allows an off-cycle candidate election, A.R.S. § 16-204.01 requires requires the municipality to hold the candidate election in the fall of an even-numbered election date if the municipality did not meet the statutory voter turnout threshold. See  A.R.S. § 16-204.01.
7. A.R.S. § 16-204(E).
8. A.R.S. § 16-204(E)(1).
9. A.R.S. § 16-204(E)(2). If a city or town holds a single election only (e.g., no primary), the single election must be held on the first Tuesday after the first Monday in November.
10. The presidential preference election is not included in this section since it is a partisan preference election managed exclusively by the state and counties and no other election may appear on the same ballot. See A.R.S. § 16-241.
11. Charter adoption and amendment elections were excluded from the consolidated election requirement due to the time frames specified in the Constitution; these elections can be held at any time. See A.R.S. § 16-204(D); see also, City of Tucson v. State 235 Ariz. 434, 435, ¶ 3, 333 P.3d 761, 762 (App. 2014) (held that § 16-204 does not preempt city charters that require odd-numbered year election dates because “state-mandated election alignment, when it conflicts with a city’s charter, improperly intrudes on the constitutional authority of charter cities”). Even if a municipality has authority to hold a local election on different date, however, the county may be unwilling to conduct an election for the municipality unless it is held on a consolidated election date.
12. A.R.S. § 16-204(F) (in contrast to subsection E that addresses local candidate elections, subsection F does not say “notwithstanding any other law or any charter or ordinance to the contrary” when it comes to non-candidate local elections).
13. A.R.S. § 16-204(F).
14. A.R.S. § 16-204(F)(4).
15. A.R.S. § 16-204(F)(4).
16. A.R.S. § 16-311.
17. A.R.S. § 9-235.
18. A.R.S. § 16-311.
19. A.R.S. § 9-235. This applies only if your council has 4-year terms and does not affect charter cities.
20. Memorandum from Joni Hoffman, Gen. Couns., League of Ariz. Cities & Towns, to Ken Strobeck, Exec. Dir., League of Ariz. Cities & Towns (Apr. 27, 2012) (explaining A.R.S § 9-235 and providing an example of application).
21. Hendrix v. Town of Gilbert, et al., CV 2020-009892 (Maricopa Cnty. Sup. Ct., Sept. 11, 2020) appeal denied (holding that a candidate who won at the primary election to fill the remainder of a 2-year term because of a vacancy must be seated on the general election date and not the January date specified in the town code establishing council member terms).
22. A.R.S. § 9-231(B).
23. Population is based on the latest official United States census. A.R.S. § 9-231(B).
24. A.R.S. § 9-231(B).
25. A.R.S. §§ 9-232.02.A.R.S. §§ 9-272.A.R.S. §§ 9-301. See also A.R.S. § 9-232.05 (authorizing voter initiatives to enact, enforce, or repeal the term limits of councilmembers and the mayor).
26. A.R.S. §§ 9-232.02, 9-272.
27. A.R.S. §§ 9-232.05.
28. A.R.S. §§ 9-232.02., 9-272.
29. A.R.S. § 9-232.03., 9-272.01.
30. A.R.S. § 9-232.03. 9-272.01.
31. A.R.S. §§ 9-232.04; 9-273. Several cities and towns use a district or ward system, such as Phoenix (district), Tucson (ward), Mesa (district), Glendale (district), Peoria (district), and Surprise (district).
32. It should be noted that this option automatically provides for direct election of the mayor instead of having the official chosen by the council; however, the mayor still serves as a member of the council.
33. A.R.S. § 9-273.
34. A.R.S. § 9-473(B).
35. A.R.S. § 9-473(B).
36. A city or town that intends to redistrict should discuss and provide advance notice to the county if the county will be administering the election of the city or town. Many cities and towns follow the best practices that are outlined in the U.S. Elections Assistance Commission’s Local Officials’ Guide to Redistricting (2021). To determine whether there are updates to the Commission’s Guide, go to this website: https://www.eac.gov/election-officials/local-electionofficials-guide-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, 47 P. 3d 1137, (App. 2002) (to violate statute prohibiting a city or town from using its resources to influence outcomes of elections, communication must clearly and unmistakably present a plea for action and identify the advocated action). 
42. A.R.S. § 9-500.14(A).
43. A.R.S. § 9-500.14(A).
44. Use of Official Titles by Elected Officials in Connection with Political Advocacy, Ariz. Op. Atty. Gen. No. I07-008 (2007). See also, A.R.S. § 16-192).
45. Use of City or County Funds to Educate the Public on Ballot Measures, Ariz. Op. Atty. Gen. No. I00-020 (Sept. 11, 2000).
46. A.R.S. § 9-500.14(C).
47. A.R.S. § 9-500.14(H)(1). 
48. A.R.S. § 9-500.14(C).
49. A.R.S. § 9-500.14(D).
50. A.R.S. § 9-500.14(F).
51. A.R.S. § 9-500.14(F).
52. A.R.S. § 16-407.01.
53. A.R.S. § 16-407.01.
54. A.R.S. § 41-194.01 (commonly referred to as “1487 Complaints” because Senate Bill 1487 (2016) and codified A.R.S. § 41-194.01). In 2021, the statute was amended to expand the scope of these investigations to include “any written policy, written rule or written regulation adopted by any . . . city or town” if it failed to repeal or resolve the alleged violation within 60 days after receiving notification of the allegation; however, this portion of the statute was held unconstitutional as violating the single subject rule. See City of Phoenix. v. State, CV2021-012955 (Maricopa Sup. Ct., Nov. 03, 2021). 
55. A.R.S. § 41-194.01.
56. ^[1] A.R.S. § 16-101(A)(2). A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” Under existing law, a registrant who used a Federal Form and does not submit DPOC is eligible to vote for federal offices only and cannot sign state/local candidate, initiative, referendum, and recall petitions.  Voter Registration, Ariz. Op. Atty. Gen. No. I13-011 (2013). Starting January 1, 2023, a registrant must submit DPOC to be eligible to vote for either ballot. See H.B. 2492 voter registration; verification; citizenship (Chapter 99).  H.B. 2492 is the subject of four lawsuits.^[1] 
57. A.R.S. § 16-121(A).  Currently, adjustments to voter rolls are periodic with no specific time frame in statute. Starting on September 24, 2022, specific obligations are imposed on the Attorney General and county recorders regarding the cancelation of voter registration and removal of registrants from the Active Early Voters List or “AEVL” (S.B. 1477, H.B. 2243, S.B. 1260). 
58.  The voter registration law should be construed to uphold the citizen’s right to vote. Abbey v. Green, 28 Ariz. 53, 72 (1925).
59.  Ariz. Const. Art. VII, § 2; A.R.S. § 9-822(A); A.R.S. § 16-101; A.R.S. § 16-126(A); A.R.S. § 16-152(E).
60. A.R.S. § 16-121 (A).  A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” An otherwise eligible registrant who does not submit DPOC and whose U.S. citizenship cannot be verified via AZMVD records or other record in the statewide voter registration database is registered as a “federal-only” voter. A “federal-only” voter is eligible to vote solely in races for federal office in Arizona (including the Presidential Preference Election (PPE)).  Starting January 1, 2023, a registrant must submit DPOC to be eligible to vote either ballot. See H.B.2492 voter registration; verification; citizenship (Chapter 99).  H.B. 2492 is the subject of four lawsuits. 
61. A.R.S. § 16-121(A). If a registrant will be at least 18 years old on or before the next statewide general election but will not be at least 18 years old by the next local election, the registrant remains qualified to register to vote but is not a qualified elector for that next local election. Similarly, if a registrant will turn 18 years old before the next general election but will be 17 years old at the time of the primary election, the registrant may register but is not entitled to vote in the primary election.
62. A.R.S. § 16-101(B) (defining resident and providing that an individual only has one state residence for voting purposes).  The person must provide proof of location of residency in a form prescribed in A.R.S. § 16-579(A)(1) (unless the person is registering pursuant to A.R.S. § 16-103). Starting January 1, 2023, a registrant must submit proof of location of residency for both the full ballot and the federal only ballot (unless registering as temporarily absent from the state).  See H.B. 2492 voter registration; verification; citizenship (Chapter 99).  Under H.B. 2492 (Chapter 99), a valid and unexpired AZ driver license (or nonoperating identification number) satisfies proof of location. The proof of location of residence does not satisfy residency requirements – it only confirms the address.  Additionally, H.B. 2492 outlines the information that must be disclosed by the registrant on the voter registration form and outlines the steps election officials must follow to verify citizenship when processing voter registration forms. Unless otherwise provided by law, H.B. 2492 also prohibits political subdivisions from registering a person to vote if they did not affirmatively request it. 
63.  A.R.S. § 16-101(A)(4).
64.  Ariz. Const. art. VII, § 2; see also A.R.S. § 16-101.
65.  A.R.S. § 16-101 (A); see also A.R.S. § 14-5101 (defining “incapacitated person”). 
66.  A.R.S. § 16-101(B).  
67. A.R.S. § 16-101(B). If otherwise qualified as an elector, an elector that resides for at least 29 days in an area that has been annexed to the city or town may also vote in such election.  A.R.S. § 9-822(B). See also A.R.S. § 16-593 (providing rules for determining residence).
68. A.R.S. §§ 16-101(B); 9-822.  An individual only has one city or town residence for voting purposes. 
69. A.R.S. § 9-822(A).
70. A.R.S. § 16-121(C). 
71. See A.R.S. § 16-121.
72. “Homeless shelter” is defined as “a supervised publicly or privately operated shelter designed to provide temporary living accommodations to individuals who lack a fixed, regular and adequate nighttime residence.” A.R.S. § 16-121(D).
73. A.R.S. § 16-103. 
74. A.R.S. § 16-593(A), (C).
75. A.R.S. § 16-593(A), (C).
76. A.R.S. § 16-593(A), (C).
77. A.R.S. § 16-593(A), (C).
78. A.R.S. § 16-593(A), (C).
79. A.R.S. § 16-593(A), (C).
80. Ariz. Const., art. VII, §§ 3, 6.
81. A.R.S. § 16-126.  Starting September 24, 2022, H.B. 2493 requires voter registration applications to state that registration will be canceled if a registrant permanently moves to another state.  Starting September 24, 2022, new bills also impose various obligations on the Secretary of State and county recorders regarding the removal of registrants from the Active Early Voters List and removal from the voter registry. See, e.g., H.B. 2493, S.B. 1260, S.B. 1477).
82. A.R.S. § 16-165(A)(6).
83. A.R.S. § 16-125.
84. A.R.S. §§ 16- 122, 16-135, 16-584.
85. A.R.S. § 16-137.
86. A.R.S. § 16-182. A false registration is the procurement of a registration to which one is not entitled as an elector of any county, city, town, or precinct. Any person who procures or attempts to procure the registration of another, knowing the registration is false and erroneous, suffers the same penalty as one who would procure the registration for himself. Upon conviction of such charge, the courts will enter an order to cancel the erroneous registration.
87. A.R.S. § 16-1016(A).
88. A.R.S. § 16-101(B). If otherwise qualified as an elector, an elector that resides for at least 29 days in an area that has been annexed to the city or town may also vote in such election.  A.R.S. § 9-822(B).  See also A.R.S. § 16-593 (providing rules for determining residence).
89. A.R.S. § 9-822(B).
90. A.R.S. § 16-412.
91. A.R.S. § 16-166 (F), (G), (H).  A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” Under, existing law, a registrant who used a Federal Form and does not submit DPOC is eligible to vote for federal offices only. Starting January 1, 2023, a registrant must submit DPOC to be eligible to vote for either ballot. See H.B. 2492 voter registration; verification; citizenship (Chapter 99). H.B. 2492 is the subject of at least four lawsuits.
92. A.R.S. § 16-166 (F). 
93. A.R.S. § 16-166 (F)(2).  If the name on the birth certificate is not the same as the applicant’s current legal name, the applicant must provide supporting documentation such as marriage certificate or court-documented name change. 
94. 22 U.S.C. § 2705(2).  If the name on the birth certificate is not the same as the applicant’s current legal name, the applicant must provide supporting documentation such as marriage certificate or court-documented name change.
95. A.R.S. § 16-166 (F)(3). 
96. A.R.S. § 16-166 (F)(4). 
97. A.R.S. § 16-166 (F)(1).  If the applicant has an Arizona driver license or non-operating identification issued after October 1, 1996, the number is inserted on the front of the Arizona Voter Registration form – this number serves as proof of U.S. citizenship.  
98. A.R.S. § 16-166 (F)(6). 
99. Secretary of State Manual. 
100. A.R.S. §§ 9-823, 16-172.
101. A.R.S. § 16-172(A).
102. A.R.S § 16-579(A).
103. A.R.S. § 16-584.
104. A.R.S. § 16-579(A)(2). 
105. A.R.S. §§ 16-153, 16-168.
106. A.R.S. § 9-823(F). 
107. A.R.S. § 16-168(F).
108. Ariz. Const., art. VII, §§ 4.
109. Ariz. Const., art. VII, §§ 4, 5.
110. Ariz. Const., art. VII, § 1. See also, A.R.S. § 16-579(C) (the voter must be provided a ballot privacy folder although the voter is not required to accept or use it).
111. A.R.S. § 41-1421 (A).
112. A.R.S. §§ 16-402, 13-707, 13-802.
113. A.R.S. § 16-402 (A).
114. A.R.S. § 9-232. 
115. In general, a “qualified elector” is a person who is: (1) qualified to register to vote and is properly registered to vote (i.e., included on the voter registration rolls) in the jurisdiction in question; and (2) will be at least 18 years old on or before the date of the election. A.R.S. § 16-311(B); A.R.S. § 16-101; A.R.S. § 9-232.  See also Chapter 2; Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Oct. 19,1993) (concluding the Title 16 requirement that being a qualified elector at the time the candidate files the nomination paper should be followed notwithstanding lesser requirement in A.R.S. § 9-232) (opinion available upon request). 
116. In general law cities, candidates must have resided in the city or town for at least one year preceding the election. A.R.S. § 9-232; see e.g., State v. Macias, 162 Ariz. 316 (Ariz. Ct. App. 1989). Persons who live in an area that was annexed into a city or town may qualify as candidates if they resided in that area for at least one year prior to the election.  A.R.S. § 9-232(A). In charter cities, residency requirements typically vary from 1 to 3 years.  See Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Oct. 31, 1979) (concluding a charter city’s 2-year residency requirement would be upheld as reasonable in a rapidly growing city) (opinion available upon request).
117. A.R.S. § 38-201(C); e.g., Escamilla v. Cuello, 230 Ariz. 202 (Ariz. 2012).
118. A.R.S. § 38-296.01(A). The only offices a state legislator may hold while serving as a member of the state legislature are school trustee, teacher, or instructor (not local office). Ariz. Const. art. IV, pt. 2, § 5.
119. A.R.S. § 38-296; see also Memo. from J. Lamar Shelley, Gen. Couns. League of Ariz. Cities & Towns (Oct. 24, 1996) (defining “salaried elective office”).
120. A.R.S. § 38-296; see also Memo. from J. Lamar Shelley, Gen. Couns. League of Ariz. Cities & Towns (Oct. 24, 1996) (defining “salaried elective office”).
121. Ariz. Const. art. XXII § 18; A.R.S. § 38-296.
122. Concurrent Service on a Town or City Council and a School Board, Ariz. Op. Atty. Gen. No. 72-20-L (1972).
123. Home v. Rothschild, 227 Ariz. 119 (Ariz. 2011)
124. 5 U.S.C. Section 7321, et seq.
125. 5 C.F.R. § 733.104(e).  This exception applies even if other candidates for local office are officially identified with a national or state political party. 5 C.F.R. §§ 733.103, 733.107.
126. A.R.S. § 41-752 (C); State Employees and Public Office, Ariz. Op. Atty. Gen. No. 71-32-L (1971).
127. A.R.S. § 41-752 (F)
128. A.R.S. § 16-311(H). (Note: Subsection C allows any city or town to adopt by ordinance for its elections the filing time frame for filing nomination petitions if the ordinance is adopted at least 150 days before the first election to which it applies.  Any petition signatures collected prior to submission of a Statement of Interest are subject to court challenges pursuant to A.R.S. § 16-351.
129. The Secretary of State is statutorily responsible for preparing sample nomination petition forms for use in federal, statewide, legislative, county, city, and town elections. A.R.S. § 16-315(C).  The nomination petition form and content must conform to statutory requirements. A.R.S. §§ 16-314; 16-351. A photograph of the candidate may appear on the nomination petition, and the signature portion, circulator instructions, and statement must be in the form provided by law. A.R.S. § 16-315(A)(5).
130. The Secretary of State’s handbooks and guides can be found on the Secretary of State’s website.
131. A.R.S. §§ 16-314(A)-(B); 16-322; 16-314(A) (stating a Nomination Petition is filed “in addition to the nomination paper required.”)
132. As a best practice, before accepting a filing, check that all forms are complete and properly signed.
133. See Reyes v. Palacio, CV-18-0157-AP/EL (Ariz. 2018) (holding that a legislative candidate was not “liable” for unpaid campaign finance penalties in excess of $1,000 under a different statute, A.R.S. § 16-311, because that statute requires the actual imposition and enforcement of the penalties under A.R.S. §§ 16-937 and 16-938 and the candidate was never referred to the city attorney for enforcement).
134. A.R.S. § 16-341(L).
135. A.R.S. § 16-322.
136. A.R.S. § 16-322(A)(8) – (10), (B).
137. A.R.S. § 16-322(A)(8) – (10), (B).
138.  A.R.S § 16-322(A)(8), (B).
139. A.R.S. § 16-322(A)(9), (B).
140. A.R.S. § 16-322(A)(10), (B).
141. A.R.S. § 16-322(A)(10), (B).
142. Legislative Term Limits, Ariz. Op. Atty. Gen. No. I01-019 (2001).
143. Residency Requirement of Legislators, Ariz. Op. Atty. Gen. No. I84-96 (1984).
144. The challenge period is no later than 5:00 p.m. of the tenth day, excluding Saturday, Sunday, and other legal holidays, after the last day for filing nomination papers and petitions. A.R.S. § 16-351(A).
145. A.R.S. § 16-351.
146. R.S. § 16-351. [1] Sims Printing Co. v. Frohmiller, 47 Ariz. 561 (1936); Hunt v. Superior Ct. ex rel Navajo Cty., 64 Ariz. 325 (1946); see also memorandum from David Merkel, Gen. Couns., League of Ariz. Cities & Towns, to Fredda Bisman, City Atty., City of Scottsdale (Apr. 22, 1998)(finding there is no authority for any city official to question the residency of a council candidate and the proper remedy is pursuing the matter in court).
147. State Elections Procedures Manual, Ch. 6 Candidate Nomination, I. Nomination Procedures.
148. McKenna v. Soto, 250 Ariz. 469 (2021) (finding that there is no statutory authority for the State Elections Procedures Manual to dictate candidate nomination petition procedures and therefore any candidate petition instruction in the Manual is guidance only).
149. A.R.S. § 16-322(A), (B)
150. A.R.S. § 16-311(A), (C).
151. A.R.S. §§ 16-311(I), 16-314(A).
152. A.R.S. § 16-311(G)
153. In the 2020 election cycle, there was an increase in candidates using forms from the county or State because it was accessible earlier than the municipality’s candidate packet. It may be useful to provide notification on the city or town website that only the jurisdiction’s forms can be used to run for a municipal office
154. A.R.S. § 38-296.01
155. See Reyes v. Palacio, CV-18-0157-AP/EL (Ariz. 2018) (holding that a legislative candidate was not “liable” for unpaid campaign finance penalties in excess of $1,000 under a different statute, A.R.S. § 16-311, because that statute requires the actual imposition and enforcement of the penalties under A.R.S. §§ 16-937 and 16-938 and the candidate was never referred to the city attorney for enforcement).
156. A.R.S. § 19-113(A).
157. A.R.S. § 19-113(B).
158. A.R.S. § 19-113(C).
159. A.R.S. § 16-351(A).
160. Bohart v. Hanna, 213 Ariz. 480 (2005); see also Validity of Nomination Petitions with Incorrect Primary Election date after the Enactment of SB 1430, Ariz. Op. Atty. Gen. No. I07-010 (2007).
161. Jenkins v. Hale, 218 Ariz. 561 (2008); Applicability of Rationale in Jenkins v. Hale to All Circulated Petitions, Ariz. Op. Atty. Gen. No. I09-011 (2009).
162. The statute says “by telephone”.  As a best practice we recommend sending a follow-up email confirming the phone conversation to ensure there is a record of the telephone notification.
163. A.R.S. § 16-351(D).
164. A.R.S. § 16-351(D).

Chapter 6 – Special elections

This Chapter discusses the other types of local elections that are held periodically to meet specific needs and requirements, such as elections for initiative, referenda, bonds, budget adjustments (home rule option, base adjustment and emergency or one-time override), charter adoptions, charter amendments, and general plan adoptions.   

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 REFERENDUM ELECTIONS  

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 Referndum 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  
• 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.¹⁰  

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 the provisions of state law on initiatives.  The 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. 

Official initiative proponents have the right to intervene as a party whenever the constitutionality, legality or application of a law that was enacted, through the initiative they sponsored, is at issue.¹³ The local law proposed must be a legislative not an administrative act and must deal with a single subject.^{14a 14b 14c 14d}  Whether an act is legislative or administrative is a matter to be discussed with your attorney.  The 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.¹⁵ 

Charter Amendments by Initiative 

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.¹⁶  The council may by ordinance order special elections to vote on municipal measures.  

REFERENDA 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.¹⁷ 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.^{18a 18b}   

Types of Referenda 

The 2 types of referenda actions are as follows: 

1. Referendum by Referendum Petition. 

2. Referendum for charter amendments.¹⁹ 

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.²⁰ 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.²¹ 

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)^{22a 22b}  and a full and correct copy of the ordinance or resolution signed by the mayor.²³  

The proponent will then complete and file the Application for a Serial Number and Statement of Organization to the clerk.²⁴  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.²⁵  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.²⁶ 

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.^{27a 27b 27c 27d} 

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 city²⁸ or where referral is required or specifically allowed by statute.²⁹  For example, there is an exception for sales tax issues (see A.R.S. § 42-6006).   

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).³⁰   

INITIATIVE AND REFERENDUM STEPS 

In the absence of charter provisions for the initiative and referendum, the following provisions of state law must be followed:³¹ 

1. Application for a Serial Number.  A person or organization wishing to file an Initiative Petition or Referendum Petition must file an Application for a Serial Number with the clerk on a form setting forth:³² 

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.³³ 

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.³⁴) 

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.³⁵  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.³⁶ 

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 petition³⁷ 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.³⁸  Paid or nonresident circulators for local measures are not required to register with the State.³⁹  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.⁴⁰ 

2. Initial Receipt. When the person or group circulating the petition returns the petitions, the clerk immediately issues an Initial Receipt,⁴¹ 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.⁴²  Once the petition is filed it cannot be withdrawn as a whole nor can individual signatures be withdrawn.^{43a 43b}  The clerk may prescribe the method of filing, including electronic filing.⁴⁴  

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.⁴⁵ 

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:⁴⁶ 

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.⁴⁷ 

3. Those sheets not bearing the correct serial number in the lower right-hand corner of each side.⁴⁸ 

4. Those sheets containing a Circulator Affidavit ⁴⁹ that is not completed or signed or that has been modified.  Any petition that contains a partially completed or modified Circulator Affidavit is invalid.⁵⁰ 

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.^{51a 51b} 

8. Those sheets circulated by a circulator who has been convicted of petition signature fraud.⁵²  

9. Those sheets on which the circulator is required to be registered with the Secretary of State⁵³ 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.⁵⁴ 

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.⁵⁵ 

 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.⁵⁶ 

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.⁵⁷   

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.⁵⁸  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.⁵⁹ 

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.⁶⁰  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.⁶¹   

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:^{62a 62b} 

1. All signatures removed.⁶³ 

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.⁶⁴  The city or town clerk then notifies the mayor that there are adequate signatures to place the initiated or referred measure on the ballot.⁶⁵ 

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.⁶⁶  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.⁶⁷ 

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.⁶⁸ 

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.⁶⁹  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.⁷⁰  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.⁷¹ 

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.^{72a 72b}  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.⁷³   

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.⁷⁴   

PETITION SIGNATURE FRAUD 

There are special penalties for signature fraud that apply to initiative, referendum, and recall petitions.⁷⁵  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.⁷⁶ 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.^{77a 77b}   

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.⁷⁸  

Contribution limits do not apply to initiative or referendum or other non-candidate elections.⁷⁹ 

Penalties apply to a failure to file a required Campaign Finance Report.⁸⁰  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.^{81a 81b}  

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.⁸² 

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.⁸³  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.⁸⁴ 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.⁸⁵  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.⁸⁶  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.  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.  If a city or town measure will appear on a state ballot, it will be numbered beginning with the number 400.⁸⁷  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: 

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, 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.⁸⁸ 

The alternative to printing the official and descriptive titles or the full text of each measure on the ballot is as follows:  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.⁸⁹  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. 

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.⁹⁰ If the clerk refuses to accept and file a Referendum Petition or refuses to transmit signature sheets to the county for certification,⁹¹ 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.⁹²  The measure will not become effective until an election has been held on the Referendum Petition and the votes have been canvassed.⁹³   

State law also allows any person to contest the validity of an initiative.⁹⁴  If the clerk refuses to accept and file an Initiative Petition or refuses to transmit signature sheets to the county for certification,⁹⁵ 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.⁹⁶  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.^{97a 97b}   

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.  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.⁹⁸  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.⁹⁹  The recall process is now subject to strict compliance with constitutional and statutory requirements.¹⁰⁰  

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.¹⁰¹  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.¹⁰²  

The method of securing a recall is as follows:¹⁰³ 

Submitting an Application for a Recall ¹⁰⁴ 

The person or organization intending to file a recall petition must, prior to circulating the petitions, submit a Recall Application¹⁰⁵ 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.^{106a 106b} 

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.¹⁰⁷    

Receiving and Processing the Recall Application 

On receipt of the Recall Application, the clerk must:¹⁰⁸ 

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.^109 110  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 Recorder ¹²⁵ 

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 certify ¹²⁶ 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 Clerk ¹²⁸ 

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 file ¹²⁹ 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.¹³² 

Order for Special Recall Election ¹³³ 

If the officer does not resign within 5 days from the date of filing (excluding Saturdays, Sundays, or other legal holidays), the city or town council must call an election within 15 days.  The election must be held on the next consolidated election date that is 90 or more days after the call.  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.¹³⁵  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 90 nor less than 60 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.¹³⁹   

Recall Election Results ¹⁴⁰ 

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.   

Recall Legal Actions ¹⁴¹ 

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.¹⁴⁷ 

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.¹⁴³ 

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.¹⁴⁴  

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.¹⁴⁵ 

2. The date that a resignation is accepted.¹⁴⁶ 

3. The date that the clerk provides notice that the number of signatures is insufficient.¹⁴⁷ 

The expenses of the special recall election are the responsibility of the city or town.¹⁴⁸  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.^{149a 149b}  

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.^{150a 150b} 

Alternative election requirements may apply to areas that are becoming incorporated,¹⁵¹ 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.¹⁵² 

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.¹⁵³  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%.¹⁵⁴ 

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.¹⁵⁵  The call for election must state the following items:¹⁵⁶ 

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.¹⁵⁷ 

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:¹⁵⁸ 

1. 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. 

2. 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.¹⁵⁹ 

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.¹⁶⁰  

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 3,¹⁶¹ on commercial property classified as class one,¹⁶² and on agricultural or other vacant property classified as class 2,¹⁶³ 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.  

3. The election conforms to the general election laws. 

4. The returns are made to the council within 12 days after the election. 

5. The council meets within 20 days after Election Day and canvasses and certifies the vote. 

6. 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. 

7. 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. 

8. 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 statement:  

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.  

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”. 

9. 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 Bond¹⁶⁴ 

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. § 35-454.¹⁷⁰ 

• 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.¹⁶⁵ 

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.¹⁶⁶ 

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:¹⁶⁷ 

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.¹⁶⁸ 

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.¹⁶⁹ 

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.¹⁷⁰ 

The provisions of the election law generally apply to utility bond elections.¹⁷¹  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.¹⁷² 

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.¹⁷³  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.^{174a 174b}  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.¹⁷⁵  There are limits on the maximum amount of bonds that can be issued depending on the jurisdiction’s receipt of HURF.¹⁷⁶ 

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,¹⁷⁷ 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.¹⁷⁸  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.¹⁷⁹ 

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.¹⁸⁰  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.¹⁸¹ 

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.¹⁸²   

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.^{183a 183b} 

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.^{184a 184b}  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 3.¹⁸⁵ 

ELECTION FOR THE CONSOLIDATION OF TWO TOWNS  

The procedure for consolidation of 2 towns into one town is specified in statute.¹⁸⁶  

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.¹⁸⁷  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.¹⁸⁸ 

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.¹⁸⁹  

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).¹⁹⁰ 

• 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.¹⁹¹ 
• 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.¹⁹²  

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.¹⁹⁹ 

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.¹⁹³ 

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.¹⁹⁴ 

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.¹⁹⁵ 

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.¹⁹⁶ 

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”.¹⁹⁷  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.¹⁹⁸  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).³ 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.⁴  This written notice must be provided no later than 180 days before the election.⁵ 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, 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__.¹⁹⁹ 

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.²⁰⁰ 

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.²⁰¹ 

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.²⁰² 

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.²⁰³ 

The detailed analysis of the alternative expenditure limitation must contain the following:²⁰⁴ 

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.²⁰⁵  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.²⁰⁶ 

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.²⁰⁷  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.²⁰⁸ 

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.²⁰⁹  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.²¹⁰ 

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.²¹¹  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.²¹² 

The detailed analysis of a proposed base adjustment to the expenditure limitation must contain the following:²¹³ 

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.²¹⁴  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:²¹⁵ 

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.²¹⁶ 

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.²¹⁷  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.²¹⁸ 

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:²¹⁹ 

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.²²⁰ 

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.²²¹ 

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.²²² 

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.²²³ 

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.²²⁴ 

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.²²⁵ 

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.²²⁶  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.²²⁷ 

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.²²⁸  It appears that the notice and hearing requirements apply.²²⁹  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.²³⁰  

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.²³¹ 

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.²³²  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.²³³ 

These steps outline the process to initiate a primary property tax.^{234a 234b 234c 234d} 

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 $100,000.²³⁵ 

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.²³⁶ 

SALES TAX ADVISORY ELECTION ²³⁷ 

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.²³⁸  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.²³⁹   

MUNICIPAL IMPROVEMENT DISTRICT ELECTION 

There are several statutes that govern municipal improvement districts.²⁴⁰  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 48.²⁴¹ 

GENERAL PLAN ELECTION ²⁴⁹ 

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^{242a 242b 242c 242d} 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).^[1] 
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.  ^[1
8. See A.R.S. § 19-111(C). 
9.  
10. See A.R.S. § 19-111(D)). The Secretary of State also publishes the Initiative and Referendum Guide and Campaign Finance PAC Guide.  
11. ^[1] 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).
12. City of Flagstaff v. Mangum, 164 Ariz. 395 (1990).
13. A.R.S. § 19-143.
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).^[1]A.R.S. § 19-121(D).
16. A.R.S. § 19-143(B), (C).
17. Ariz. Const., art. IV, pt 1, § 1 (8).
18. A.R.S. § 19-142.  Jones v. Paniagua, 221 Ariz. 441 (Ariz. Ct. App. 2009).
19. A.R.S. § 19-143(B), (C).
20. A.R.S. § 19-142.^[1] 
21. Workers for Responsible Dev. v. City of Tempe, 254 Ariz. 505, 524 P.3d 1161 (App. 2023) (Feb. 28, 2023); Respect Promise in Opposition to R-14-02-Neighbors for a Better Glendale v. Hanna, 238 Ariz. 296 (App. 2015); Wennerstrom v. City of Mesa, 169 Ariz. 485 (1991); Wade v. Greenlee County, 173 Ariz. 462 (Ariz. Ct. App. 1992); Fritz v. City of Kingman, 191 Ariz. 432 (1998); Redelsperger v. City of Avondale, 207 Ariz. 430 (Ariz. Ct. App. 2004); Stop Exploiting Taxpayers v. Jones, 211 Ariz. 576 (Ariz. Ct. App. 2005); Israel v. Town of Cave Creek, 196 Ariz. 150 (Ariz. Ct. App. 1999); Grosvenor Holdings L.C. v. City of Peoria, 195 Ariz. 137 (Ariz. Ct. App. 1999) and 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). 
22. See A.R.S. §§ 19-111(C), -142(C).
23. A copy of the signed ordinance or resolution will be attached to the 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 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.
24. 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.  
25. See A.R.S. § 19-111(A). 
26. A.R.S. § 19-111(A); Voice of Surprise v. Skip Hall, CV-23-0117-PR, Arizona Supreme Court decision order issued on June 26, 2023 (more detailed decision forthcoming).
27. 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).  
28. 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).
29. See A.R.S. § 42-6006 (providing authority to hold an election relating to local sales tax).
30. A.R.S. § 19-143(B).
31. A.R.S. § 19-141.
32. A.R.S. § 19-111.^[1]
33. 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). 
34. ^[1] 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).
35. A.R.S. § 19-111 (A).
36. A.R.S. § 19-111(A); Voice of Surprise v. Skip Hall, CV-23-0117-PR, Arizona Supreme Court decision order issued on June 26, 2023 (more detailed decision forthcoming).
37. 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.
38. A.R.S. § 19-118 (A).
39. This is distinguished from Candidate Petitions, which require nonresident circulators to register with the State.
40. A.R.S. § 19-111 (D).
41. Sample Initial Receipt.
42. Fleischman v. Protect our City, 214 Ariz. 406 (2007).
43. A.R.S. § 19-113; Circulators of Initiative Petitions, Ariz. Op. Atty. Gen. No. I84-062 (1984).
44. A.R.S. § 19-121(C).
45. A.R.S. § 19-121(C).
46. 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).
47. Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Nov. 26, 1996). 
48. A.R.S. § 19-121.01 also requires the paid circulator number if applicable, but this does not apply to local measures.
49. The “Circulator Affidavit” is part of the Petition (see page 2 of the Petition). 
50. A.R.S. § 19-112 (F).
51. A.R.S. §§ 19-101, 19-102.
52. A.R.S. §19-119.01.
53. A.R.S. § 19-118. 
54. 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.
55. A.R.S. § 19-121.01(A)(2).
56. A.R.S. § 19-113. 
57. A.R.S. § 19-112. 
58. A.R.S. § 19-111(A); Voice of Surprise v. Skip Hall, CV-23-0117-PR, Arizona Supreme Court decision order issued on June 26, 2023 (more detailed decision forthcoming).
59. A.R.S. § 19-121.01 (A)(1) or (A)(3).
60. A.R.S. § 19-121.02 (C).
61. A.R.S. § 19-121.01 (F).
62. A.R.S. §§ 19-121.04 (A), 19-114.
63. A.R.S. §§ 19-121.01, 19-141; see also Van Riper v. Threadgill, 183 Ariz. 580 (Ariz. Ct. App. 1995).  
64. A.R.S. § 19-121.04 (B).
65. A.R.S. § 19-121.04; Save Our Public Lands Coalition v. Stover, 135 Ariz. 461 (1983).
66. A.R.S. § 19-121.04 (C).
67. A.R.S. § 19-121.05.
68. A.R.S. § 19-113.
69. ^[1] A.R.S. § 19-122.
70. Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Aug. 19, 1991).
71. 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).
72. ^[1] A.R.S. §§ 19-121, 19-141.
73. A.R.S. § 19-122.^[1
74. Dewey v. Jones, 159 Ariz. 409 (Ariz. Ct. App. 1989).
75. A.R.S. § 19-119.01.
76. A.R.S. § 19-111. ^[1] 
77. 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).
78. A.R.S. § 16-926 (H).
79. Proposition 200, Ariz. Op. Atty. Gen. No. I87-150 (1987).
80. A.R.S. § 16-937.
81. A.R.S. § 16-918. See also, City of Sierra Vista v. Sierra Vista Wards System Voting Project, 229 Ariz. 519 (2012).
82. A.R.S. § 19-141.
83. A.R.S. § 19-141.
84. A.R.S. § 19-123.^[1]
85. A.R.S. § 19-141(C).
86. A.R.S. § 19-124(A).^[1]
87. A.R.S. § 19-125(B).
88. A.R.S. § 19-125.
89. A.R.S. § 19-125 (C).
90. A.R.S. § 19-122.
91. A.R.S. § 19-121.01, 19-122.
92. 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).
93. A.R.S. § 19-126 (A).
94. A.R.S. § 19-122 (also requiring multiple actions to be consolidated in the appropriate venue). 
95. A.R.S. § 19-121.01, 19-122.
96. 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).
97. Winkle v. City of Tucson, 190 Ariz. 413 (1997); League of Ariz. Cities & Towns v. Brewer, 213 Ariz. 557, 146 (2006).
98. A.R.S. § 19-201. 
99. ^[1] 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).
100. ^[1] A.R.S. § 19-201.01.  
101. ^[1] See 2016 Ariz. Sess. Laws Ch. 79 § 24 (eff. Nov. 5, 2016).
102. ^[1] Application of Title 16 to Recall Committees, Ariz. Op. Atty. Gen. No. I11-003 (2011).
103. ^[1] Ariz. Const., art. VIII, pt 1, § 1; A.R.S. §§ 19-201 – 19-217.  ^[1]
104. A.R.S. § 19-202.01.
105. he 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.
106. ^[1] 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”).
107. ^[1] A.R.S. § 19-202.01.
108. ^[1] A.R.S. § 19-202.01(C).^[1]
109. ^[1]  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).^[1]
110. Ariz. Const. art. VIII, pt 1, § 1; see also Johnson v. Maehling, 123 Ariz. 15, 597 P2d 1 (1979).
111. A.R.S. § 19-205.
112. ^[1] 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”).
113. ^[1] A.R.S. § 19-205.01(A).  
114. ^[1] A.R.S. § 19-204(D), (E).
115. ^[1] A.R.S. § 19-205.02.
116. ^[1] A.R.S. § 19-205.04.^[1] 
117. A.R.S. § 19-208.06 (A).
118. The Circulator’s Affidavit is included on the Recall Petition. 
119. 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.
120. A.R.S. § 19-208.01.
121. ^[1] Unlike initiative and referendum, there is no random sample requirement; on recall petitions, each signature is transmitted to the county for verification.  
122. ^[1] A.R.S. § 19-208.01.^[1] 
123. A.R.S. § 19-208.06(A).
124. A.R.S. § 19-208.02(B).
125. ^[1] 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.
126. ^[1] A.R.S. § 19-208.02(B).
127. ^[1] A.R.S. § 19-208.03.
128. ^[1] 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.
129. ^[1] A.R.S. § 19-208.04(B).^[1] 
130. A.R.S. § 19-207.
131. Ariz. Const. art. VIII, pt 1, § 3; A.R.S. § 19-207.
132. ^[1] Ariz. Const. art. VIII, pt 1, § 3; A.R.S. § 19-209.
133. ^[1] A.R.S. § 19-212; Abbey v. Green, 28 Ariz. 53, 235 Pac. 150 (1925).
134. ^[1] Ariz. Const., art. VIII, pt 1, § 4; A.R.S. § 19-212 (A).
135. ^[1] A.R.S. § 19-212 (F).^[1]
136. A.R.S. § 19-213. 
137. A.R.S. § 19-214 (A), (B).
138. ^[1] Ariz. Const. art. VIII, pt 1, § 6; A.R.S. § 19-215.
139. ^[1] A.R.S. § 19-216.
140. ^[1] A.R.S. § 19-208.06(C), (D).
141. ^[1] Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Aug. 10, 1988).^[1] 
142. A.R.S. § 19-202(A).
143. Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Apr. 13, 1990).
144. ^[1] A.R.S. § 19-212; Candidate Specification, Ariz. Op. Atty. Gen. No. 76-240 (1976).
145. ^[1] A.R.S. § 19-209. 
146. ^[1] A.R.S. § 19-208.
147. ^[1] A.R.S. § 19-208.01
148. ^[1] A.R.S. § 19-210.^[1]
149. 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).
150. 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).
151. ^[1] A.R.S. § 9-101.02, 9-101.03.
152. ^[1] A.R.S. § 9-571.^[1]
153. Ariz. Const., art. IX, § 8.
154. Ariz. Const., art. IX, § 8.  
155. ^[1] A.R.S. § 35-452.
156. ^[1] A.R.S. § 35-455.
157. ^[1] A.R.S. § 35-453.^[1]
158. A.R.S. §§ 9-826, 35-454.
159. Title 9, chapter 4, article 3 (remote municipal property as water source) and Title 48, chapter 1, article 8.
160. ^[1] A.R.S. § 35-454.
161. ^[1] A.R.S. § 42-12003.
162. ^[1] A.R.S. § 42-12001, paragraph 12.^[1]
163. A.R.S. § 42-12002.
164. A.R.S. § 35-462. 
165. A.R.S. § 35-454.^[1]
166. A.R.S. §§ 9-521, 9-521.01.
167. A.R.S. §§ 9-521 – 9-540.
168. ^[1] A.R.S. § 9-524.
169. ^[1] A.R.S. § 16-204.
170. ^[1] A.R.S. § 9-524(B).
171. ^[1] A.R.S. § 9-526.^[1]
172. A.R.S. § 9-528.
173. A.R.S. § 9-527.
174. ^[1] A.R.S. § 48-681.
175. ^[1] A.R.S. §§ 48-682, 48-688.
176. ^[1] A.R.S. § 48-688(H).
177. ^[1] A.R.S. § 48-689.
178. ^[1] A.R.S. § 9-524.
179. ^[1] A.R.S. § 48-683(A)(4).
180. ^[1] A.R.S. §§ 48-683 – 48-687.^[1]
181. Ariz. Const., art. XIII, § 4; A.R.S. §§ 9-501, 9-502.
182. A.R.S. § 9-502.
183. ^[1] A.R.S. § 39-203.
184. ^[1] A.R.S. §§ 9-232.03, 9-272.01; Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Sept. 14, 1984).^[1]
185. A.R.S. §§ 9-272, 9-232.02.
186. A.R.S. § 9-232.02.^[1]
187. A.R.S. § 9-121.
188. A.R.S. § 9-121.
189. ^[1] A.R.S. §§ 9-271 to 9-276.^[1]
190. Ariz. Const. art XIII; Title 9, Chapter 2, Article 5.
191. A.R.S. § 9-281 (B).
192. A.R.S. § 9-282 (A).
193. ^[1] A.R.S. § 39-203.^[1]
194. A.R.S. § 19-143 (C).
195. A.R.S. § 19-141(D).
196. ^[1] A.R.S. § 19-143(C).^[1]
197. A.R.S. § 19-125.
198. Ariz. Const., art. XIII, § 2.
199. ^[1] Kerby v. Luhrs, 44 Arizona, 208 (1934).^[1]
200. Ariz. Const., art. IX, § 20(9).
201.  
202. A.R.S. § 39-204(B).
203. ^[1] A.R.S. § 9-812.
204. ^[1] A.R.S. § 41-563.01.^[1]
205. A.R.S. § 41-563.03(E).
206. A.R.S. § 41-563.03(E).
207. ^[1] A.R.S. § 19-141(C).^[1
208. A.R.S. § 41-563.03(E).
209. A.R.S. § 19-125.
210. ^[1] Arizona Const., art. IX, § 20 (9).
211. ^[1] A.R.S. § 41-563.03 (F).
212. ^[1] Ariz. Const., art. IX, § 20(9).^[1]
213. Ariz. Const., art. IX, § 20(6).
214. A.R.S. § 41-563.03(D).
215. ^[1] A.R.S. § 41-563.03(D).
216. ^[1] A.R.S. § 19-141(C).^[1]
217. A.R.S. §§ 19-141; 41-563.03(B).
218. A.R.S. § 41-563.03(D).
219. ^[1] A.R.S. § 19-125.
220. ^[1] A.R.S. § 41-563.03(G).
221. ^[1] Ariz. Const., art. IX, §20(2).^[1]
222. Ariz. Const., art. IX, § 20(2)(a).
223. Ariz. Const., art. IX, § 20(2)(b); A.R.S. § 41-563.02.
224. ^[1] A.R.S. § 41-563.02(E).
225. ^[1] Ariz. Const., art. IX, § 20(2)(c).
226. ^[1] A.R.S. § 41-563.01.
227. ^[1] A.R.S. § 41-563.02(A).
228. ^[1] A.R.S. § 41-563.02(B).
229. A.R.S. § 41-563.02(A).
230. Ariz. Const., art. IX, § 20(3)(d)(viii).
231. ^[1] A.R.S. § 41-563.01.
232. ^[1] A.R.S. § 41-563.01.^[1]
233. A.R.S. § 41-563.01.
234. Title 35, Chapter 3, Article 3.
235. ^[1] A.R.S. § 42-17056(B).
236. ^[1] A.R.S. §§ 9-524, 35-453, 35-454 and 42-17056.^[1]
237. A.R.S. § 9-826.
238. A.R.S. § 42-17056.
239. ^[1] A.R.S. § 42-6006.
240. ^[1] A.R.S. § 9-826.
241. ^[1] A.R.S. § 16-204(F).
242. ^[1] See A.R.S., Title 48. 
243. ^[1] A.R.S. § 9-812(C).
244. ^[1] A.R.S. § 9-461.06.^[1] 
245. 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.

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. 

2. Candidate’s address, which means: 

1. The candidate’s actual address, or  

2. If the candidate does not have an actual residence address, a description of the candidate’s place of residence and post office address, or  

3. 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). 

3. The office for which the candidate offers their candidacy. 

4. 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. 

5. Date of election. 

6. 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   

7. 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.⁸   

Using the Paper Petition 

The requirements for the paper version of the Nomination Petition can be found in A.R.S. §§ 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 10.⁹ 

The signature portion of the petition must be divided into columns headed by the titles: signature; printed name; address;¹⁰ 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. 

2. 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.¹¹  The procedure for registration of out-of-state circulators is in the  State Elections Procedure Manual. 

3. Circulator’s name must be typed or printed under the circulator’s signature. 

4. 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.¹²  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.¹³ 

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.¹⁴  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.¹⁵ 

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.¹⁶  

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 number¹⁷ 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.¹⁸  

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” ¹⁹ 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: Spanish ²⁰ 

Each “covered entity” (e.g., each county above) is responsible for providing voting materials ²¹ in the required language(s) for all elections within the covered jurisdiction, including the elections of each municipality within the covered jurisdiction.²²   

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. ^[1] A.R.S. 16-311(G).
3. ^[1] 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).^[1] 
4. A.R.S. § 16-311(D).
5. A.R.S. § 16-311(B), (D).
6. ^[1] A.R.S. § 16-314(A) (stating a nomination petition is filed “in addition to the nomination paper required).”
7. ^[1] A.R.S. § 16-321 (B), (F).
8. ^[1] E-qual system now available for candidates running for municipal, county, and precinct committee offices, Press Release, Secretary of State (May 4, 2020). For more information about the E-Qual system, contact the Secretary of State.
9. ^[1] A.R.S. §§ 16-314, 16-315.^[1] 
10. A.R.S. 16-311.
11. A.R.S. § 16-315(D). See also State Elections Procedures Manual, Ch. 14 Regulation of Petition Circulators, II. Circulator Registration and Disclosure Requirements. 
12. ^[1] Buckley v. Am. Const. L. Found., Inc., 119 S. Ct. 636 (1999).
13. ^[1] A.R.S. § 16-321 (D).
14. ^[1] A.R.S. § 16-321 (D).
15. ^[1] A.R.S. § 16-321 (A), (B).^[1] 
16. A.R.S. § 16-317.
17. 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.
18. 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.^[1] 
19. 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.
20. ^[1] Voting Rights Act Amendments of 2021, Determinations Under Section 203, available at this webpage.
21. 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).^[1]
22. 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.

ELECTION MANUAL FORMS

Forward – Introduction

2021 Ariz Sess Laws_403_18
A.R.S. 9-232.05
Atty_Gen_I07-008_2007
Atty_Gen_I15-002_2015
City of Tucson_State_1997
City of Tucson State 2012
City of Tucson State 2014
Hendrix_Town of Gilbert_2020
Instructions_For_Use
Kromko_Tucson_2002
Maxwell_Fleming_1946
Memo_Filling_Vacancies_4-27-12
State Brnovich vs. City of Tucson 2021
Strode vs. Sullivan 1951
Tellez_SuperiorCourt_1969
Intro_Links

Chapter 1

28 CFR 55.15
Abbey_Green_1925
Atty_Gen_I13-011_2013
Brnovich_DNC_2021
Ch.1_Links
City of Phoenix_Kolodziejski_1970
LULAC_6-18-18
Memo_Shelby_07-12-13
Porter_Hall_1928
Shelby County_Holder_2013

Chapter 2

5 CFR 733-103
5 CFR 733-104
5 CFR 733-107
2021 Arizona Session Laws 154_1
Atty_Gen_66-23_1966
Atty_Gen_I01-019_2001
Atty_Gen_I07-010_2007
Atty_Gen_I09-011_2009
Atty_Gen_I13-007_2013
Atty_Gen_I71-32-L_1971
Atty_Gen_I72-20-L_1972
Atty_Gen_I84-096_1984
Atty_Gen_I97-006_1997
Atty_Gen_I99-009_1999
Arizona Adv_State_2020
Bohart_Hanna_2006
Buckley_Amer_Found_1999
Ch.2_Links
Davis_FEC_2008
Davis_Hale_1964
Escamilla_Cuello_2012
Home_Rothschild_2011
Hunt_NavajoCounty_1946
Jenkins_Hale_2008
Katan_Prescott_2009
Kennedy_Lodge_2012
Laws 2018_Ch56
Laws 2019_Ch246
McKenna_Soto_2021
Memo_ARS 38-296_10-24-96
Memo_Cancel_5-18-93
Memo_Candidate_Death_10-19-87
Memo_Irregularities_6-3-68
Memo_Reqts_10-19-93
Memo_Res_Reqts_10-31-79
Memo_Residency_4-22-98
Perkins_Manning_1942
Reyes_Palacio_2018
Sims_Frohmiller_1936
State_Macias_1989

Chapter 3

42_USC_410
1993 Ariz Sess Laws_133_42
Atty_Gen_64-32-L_1964
Atty_Gen_66-23_1966
Atty_Gen_74-21_1974
Atty_Gen_I15-011_2015
Atty_Gen_I16-006_2016
Brnovich_DNC_2021
Cityof Phoenix_Maricopa_1966
Clay_Town of Gilbert_1989
Findley_Sorenson_1929
Fish_Redeker_1966
Griffin_Buzard_166_1959
Griffin_Buzard_174_1959
Grounds_Lawe_1948
Harless_Lockwood_1958
Hendrix_TownofGilbert_2020
Huggins_Navajo_1990
Hunt_Campbell_1917
Katan_City of Prescott_2009
Kautenburger_Jackson_1958
Kerby_Griffin_1936
Kitt_Holbert_1926
Memo_Cancel_5-18-93
Memo_Cand_Death WD_10-19-87
Memo_Council Duties_5-8-75
Millet_Maricopa_1967
Moore_City of Page_1986
Peoria_Ballot_Report_2005
Reed_Gilbert_2015
Schahrer_Bell_1928
State_Robles_1960
Tellez_Superior Court_1969
Winslow_Ballot_Report_2008

Chapter 4

2016 Ariz Sess Law_79_24
Abbey_Green_1925
Arrett_Bower_2015
Atty_Gen_76-240_1976
Atty_Gen_81-064_1981
Atty_Gen_90-068_1990
Atty_Gen_I07-008_2007
Atty_Gen_I11-003_2011
Atty_Gen_I15-002_2015
Atty_Gen_I84-062_1984
Atty_Gen_I87-150_1987
AZ Sanitary Dist_Olson_2010
AZ Together_Brewer_2007
Barry_Alberty_1992
Ch.4_Links
Cuvelier_Schmitz_1999
DeSzendeffy_Threadgill_94
Dewey_Jones_1989
Feldmeier_Watson_2005
Fidelity_TownMarana_2009
Flagstaff_Mangum_1990
Fleischman_Protect_2007
Forszt_Rodriguez_2006
Fritz_City of Kingman_1998
General Plan_Marana_2020
General Plan_PP_Gilbert_2020
General Plan_PP_QC_2018
General Plan_PP_Tempe_2014
Grosvenor_Peoria_1999
Harris_Bisbee_2008
Israel_CaveCreek_1999
Johnson_Maehling_1979
Jones_Paniagua_2009
Kerby_Luhrs_1934
Kromko_Tucson_2002
Lawrence_Jones_2001
Leach_Reagan_2018
League Model Ordinance_Dec 2020
League_Brewer_2006
Marana_PimaCty_2012
McLaughlin_Bennett_2010
Memo_Direct_Election_9-14-84
Memo_Exchange of_Property_5-11-95
Memo_Filing Recall_1-17-83
Memo_Mayor_Recall_8-10-88
Memo_Power_Initiative_7-1-96
Memo_Recall_Election 4-13-90
Memo_Requirementds_Initiative_11-26-96
Memo_Special Election_10-20-77
Memo_Special Election_8-19-91
Memo_Veto_4-13-90
Meyers_Bayless_1998
Molera_Hobbs_2020
Morales_Archibald
Morrissey v. Garner
Pedersen_Bennett_2012
Redelsperger_Avondale_2004
Respect_Hanna_2015
Robertson_Graziano_1997
Ross_Bennett_2011
Save Lands_Stover_1983
Save Our Vote_Bennett_2013
Scotts_Maricopa_1968
Sierra Vista_Voting_2012
Sklar_Fountain Hills_2008
Stop Exploiting_Jones_2005
TIME_Brewer_2008
Van Riper_Threadgill_1995
Wade_Greenlee County_1992
Wennerstrom_Mesa_1991
Western Devcor_Scotts__1991
Wilhelm_Brewer_2008
Winkle_Tucson_1997

Chapter 5

Atty_Gen_I76-1_1976
Fed_Reg_V81_No233_12-5-16
Memo_Shelby_07-12-13

Election Calendars

2022 Fall City_Town Election Calendar
2022 Fall City_Town Election Table
2022 Spring Election Calendar
2022 Spring Election Table
2023 Fall City_Town Election Calendar
2023 Fall City_Town Election Table
2023 Spring Election Calendar
2023 Spring Election Table

Candidate Packet

• Cand_Stmt_Vol_Withdraw_Sep2021
• Candidate Checklist – Write-In_Eng
• Candidate_Checklist_Eng.Span
• SOS Campaign Finance Report
• SOS Financial Disclosure Handbook

• SOS Campaign Finance Candidate Guide
• SOS Campaign Finance Handbook for Candidates
• SOS Campaign Finance Handbook for PAC
• Public Officer and Candidate Financial Disclosure Statement
• Non Partisan Nomination Paper in English
• Non Partisan Nomination Paper for Write In Candidate in English
• Non Partisan Nomination Petition in English
• Non Partisan Nomination Petition in Spanish
• Statement of Interest in English and Spanish
• Statement of Organization
• Termination Ststement in Englidsh and Spanish
• Voter_Sign_Withdrawal

Other Campaign Finance Forms

• Letter to Complainant regarding Receipt of Campaign Finance Complaint
• Notification to Respondent Regarding the Filing of a Complaint and Time to Respond
• Notification to Complainant Regarding Deficiencies in Complaint

• Letters to Parties regarding Referral Due to Conflict
• Letter Referring Matter Due to Conflict of Interest
• Letter Referring Matter due to Conflict
• Letter regarding Submittal of Response
• Notification Letter Regarding a Reply Exceeding Complaint Parameters
• Referral of Reasonable Cause Finding to Attorney
• Letter regarding Reasonable Cause Finding
• Letter Regarding No Reasonable Cause Finding
• Letter Finding No Reasonable Cause
• Letter Dismissing Complaint
• Letter to Parties regarding Dismissal of Complaint
• Notice of Delinquency regarding Filing Campaign FInance Report (in English and Spanish)
• Notice of Permanent Suspension in English and Spanish
• Notice of Temporary Suspension in English and Spanish
• Statement of Registration in Spanish
• Statement of Registration in Engish
• Year With Election CF Report Schedule
• Year Without Election CF Report Schedule

Election Process Forms

• 75_Foot Limit_English and Spanish
• Call of Election
• Certification of Election
• Certification of Nomination
• Challenge List
• Election Financial Statement inEnglish and Spanish
• Notice of Election
• Notice_Resolution
• Resolution regarding Canvass
• Retention_Schedule_GS-1058

Initiative Referendum Packet

• Application for Serial Number Initiative or Referendum Petition
• SOS Campaign Finance Report
• SOS Campaign Finance Handbook for PAC
• SOS Campaign Finance Handbook for Candidates

• SOS Financial Disclosure Handbook
• SOS Initiative & Referendum Guide
• SOS Election Calendars
• Initiative Petition (Local)
• Initiative Referendum Receipt (in English and Spanish)
• League Sample Ordinance Regarding Manner of Exercising RIght of Initiative or Referendum
• Referendum Petition Local (PDF)
• Referendum Petition (PUB)
• Statement of Organization
• Termination Statement (in English and Spanish)
• Voter Signatue Withdrawal regarding Initiative or Referendum

Recall Packet

• Recall Petition 
• Application Serial Number (Recall) 
• SOS Campaign Finance Report
• SOS Campaign Finance Handbook for PAC
• Recall Petition Initial Receipt 
• Statement of Organization
• Termination Statement 
• Voter Signature Withdrawal for Recall

Recall Election Called

• SOS Campaign Finance Report
• SOS Financial Disclosure Handbook
• SOS Campaign Finance Candidate Guide
• SOS Campaign Finance Handbook for Candidates
• SOS Campaign Finance Handbook for PAC
• Public Officer and Candidate Financial Disclosure Statement 
• Nomination Petition to Recall Candidate 
• NonPartisan Nomination Paper for Recall
• Nonpartisan Nomination Paper for Recal (Write In Candidate)  
• Statement of Organization 
• Termination Statement

Election Calendars

2022 Fall City_Town Election Calendar
2022 Fall City_Town Election Table
2022 Spring Election Calendar
2022 Spring Election Table
2024 Fall City_Town Election Calendar (PDF)
2024 Fall City_Town Election Table (Excel)
2023 Spring Election Calendar
2023 Spring Election Table
2024 Secretary of State Elections Calendar