Assigned to GOV FOR
COMMITTEE
Assigned to GOV FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
consolidated elections; voter turnout
Purpose
Requires political subdivisions that experience a 25 percent decrease in voter turnout from one of two prior elections to consolidate local elections to the same dates as statewide elections.
Background
As of 2014, current statute requires political subdivisions of Arizona to hold candidate elections other than special elections or recall elections on the same dates as primary and general elections for county, state or federal offices. These elections must be held in even numbered years, and dates specifically include: 1) the tenth Tuesday before the first Tuesday after the first Monday in November for primary elections; and 2) the first Tuesday after the first Monday in November for runoff or general elections. For non-candidate elections, including special and recall elections, the dates of which an election must fall include: 1) the second Tuesday in March; 2) the third Tuesday in May; 3) the tenth Tuesday before the first Tuesday after the first Monday in November; or 4) the first Tuesday after the first Monday in November. All elections involving the authorization of a secondary property tax must also be held on the first Tuesday after the first Monday in November (A.R.S. § 16-204).
Under the Arizona Constitution, a city with a population of more than 3,500 people is entitled to establish a charter for its government (Ariz. Const. art. 13 § 2). Sometimes referred to as the home-rule provision, the purpose of this is to grant cities autonomy over matters of local interest. If a state law conflicts with a city's charter, whether or not the charter supersedes the statute is determined largely by whether the interests affected present a local or statewide concern.
In the case of City of Tucson v. State, the City of Tucson and the City of Phoenix sought declaratory and injunctive relief from the requirement for political subdivisions to hold elections on consolidated dates established by Laws 2012, Chapter 353. In its deliberation, the Arizona Court of Appeals Division Two did not find adequate evidence to support the Legislature's position that requiring charter cities to hold elections on consolidated dates was an issue of statewide concern. For this reason, the court concluded that state-mandated election alignment, when it conflicts with a city's charter, improperly intrudes on the constitutional authority of charter cities (City of Tucson v. State, 235 Ariz. 434 (App. 2014)).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a political subdivision to hold its elections on a consolidated election date if its previous elections held on a non-statewide election date experienced a significant decrease in voter turnout.
2. Requires political subdivisions, beginning January 1, 2019, to consolidate elections other than special and recall elections three years after the occurrence of a significant decrease in voter turnout.
3. Defines significant decrease in voter turnout as voter turnout that is at least 25 percent lower than the lesser of the voter turnout in a jurisdiction during either of the two previous statewide elections of the same type, including:
a) primary or first elections for cities, charter cities or towns;
b) second, runoff or general elections for cities, charter cities or towns; and
c) candidate or ballot issue elections in another political subdivision.
4. States that requirements to consolidate elections due to decreased voter turnout preempt all local laws, ordinances and charter provisions to the contrary.
5. Allows a political subdivision to lengthen the terms of office for its elected officials if required to comply with new consolidated election requirements.
6. Stipulates that a political subdivision whose alternative expenditure limitation expires within three years of being required to comply with election consolidation requirements, is exempt from penalties for exceeding the alternative expenditure limitation, if either of the following apply:
a) if the alternative expenditure limitation expires in the spring of the year immediately following consolidation of elections, and the political subdivision seeks voter approval of an alternative expenditure limitation in the fall of the same year, the political subdivision is exempt from penalties in the fiscal year that the alternative expenditure limitation expires; or b) if the alternative expenditure limitation expires in the second or third year immediately following consolidation of elections, and the political subdivision seeks voter approval of an alternative expenditure limitation at the next general election within the three year period following consolidation, the political subdivision is exempt from penalties in the following three fiscal years and the limitation remains at the same level with the year preceding consolidation.
7. Defines political subdivision as any governmental entity operating under the authority of this state and governed by an elected body, including a city, charter city, town, county, school district, community college district or other district organized under state law, but does not include a special taxing district.
8. Defines statewide election date as the date of the regular statewide primary election and the regular statewide general election.
9. Defines voter turnout as the percentage of eligible voters who voted in that jurisdiction.
10. Contains legislative findings.
11. Becomes effective on the general effective date.
House Action
GOV 2/15/18 DPA 5-2-0-1
3rd Read 3/7/18 34-22-4
Prepared by Senate Research
March 19, 2018
JO/ZD/lat