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REFERENCE TITLE: consolidated election dates; recall |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1075 |
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Introduced by Senator Gallardo
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AN ACT
amending sections 16-204 and 19‑209, Arizona revised Statutes; relating to recall election.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-204, Arizona Revised Statutes, is amended to read:
16-204. Declaration of statewide concern; consolidated election dates
A. While the legislature recognizes that the method of conducting elections by political subdivisions, including charter counties and cities, may be a matter of local concern, the legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern.
B. Notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an election held for or on behalf of a county, city or town, a school district, a community college district or special districts organized pursuant to title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following dates:
1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections, including recall elections and special elections to fill vacancies, shall be held on:
(a) The second Tuesday in March.
(b) The third Tuesday in May.
(c) The tenth Tuesday before the first Tuesday after the first Monday in November.
(d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.
2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on:
(a) The tenth Tuesday before the first Tuesday after the first Monday in November.
(b) The first Tuesday after the first Monday in November.
C. For any city or town, including a charter city, that holds its regularly scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election.
D. This section does not apply to:
1. An election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII, section 2 or 3 or article XII, section 5, Constitution of Arizona.
2. A recall election.
Sec. 2. Section 19-209, Arizona Revised Statutes, is amended to read:
19-209. Order for special recall election
A. If the officer against whom a petition is filed does not resign within five days, excluding Saturdays, Sundays and other legal holidays, after the filing as determined pursuant to section 19‑208.03, the order calling a special recall election shall be issued within fifteen days and shall be ordered to be held on the next following consolidated election date pursuant to section 16‑204 that is ninety days or more after the order calling the election.
B. A recall election shall be called:
1. If for a state office, including a member of the legislature, by the governor.
2. If for a county officer, or judge or other officer of the superior court in a county, by the board of supervisors of that county.
3. If for a city or town officer, by the legislative body of the city or town.
4. If for a member of a school district governing board, by the county school superintendent of the county in which the school district is located.
C. If a recall petition is against an officer who is directed by this section to call the election it shall be called:
1. If for a state office, by the secretary of state.
2. If for a county office, by the clerk of the superior court.
3. If for a city or town office, by the city or town clerk.