Assigned to GOV AS
PASSED BY CONFERENCE COMMITTEE
Assigned to GOV AS
PASSED BY CONFERENCE COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
consolidated elections; voter turnout
Purpose
Requires political subdivisions to consolidate local elections to the same dates as statewide elections if at least a 25 percent decrease in voter turnout occurs between the most recent candidate election with the highest number of votes and the most recent election in which the office of the Governor appears on the ballot.
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, 2018, 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 at least a 25 percent decrease between the voter turnout for the office that received the highest number of votes in the most recent candidate election in a political subdivision and the voter turnout for the most recent election in which the office of the Governor appeared on the ballot.
4. Requires the county Board of Supervisors (BOS) to require a county recorder or other applicable elections officer to do the following:
a) calculate voter turnout in specified candidate races;
b) determine if election consolidation is required for a political subdivision based on calculated voter turnout; and
c) announce the determination and implementation date for consolidation at a public meeting not more than 90 days after the issuance of the official county canvass.
5. Prohibits a BOS from, after the implementation of consolidated election dates, to call or authorize the call for an election in a political subdivision on a non-consolidated election date.
6. Requires an official canvass of specified elections to include the number of ballots cast and the number of active registered voters in each political subdivision and portion of a political subdivision for which a candidate may be elected.
7. States that requirements to consolidate elections due to decreased voter turnout preempt all local laws, ordinances and charter provisions to the contrary.
8. Allows a political subdivision to lengthen the terms of office for its elected officials to align with consolidated election dates if required to comply with new consolidated election requirements.
9. Stipulates that a political subdivision is exempt from penalties for exceeding alternative expenditure limitations if all of the following apply:
a) the political subdivision's limitation expires at any time after the year in which consolidation requirements are implemented;
b) the limitation stays as established before its expiration; and
c) the political subdivision seeks voter approval of a new alternative expenditure limitation at the next eligible general election following consolidation.
10. Permits an elector to request an early ballot that includes only nonpartisan offices and ballot questions.
11. Requires a county recorder to process requests for ballots that include only nonpartisan offices and ballot questions in the same manner as other ballots.
12. Stipulates that a political subdivision may voluntarily consolidate its elections to statewide election dates.
13. 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.
14. Defines statewide election date as the date of the regular statewide primary election and the regular statewide general election.
15. Defines voter turnout as the number of ballots cast in a specific candidate race prescribed by this section divided by the total number of active registered voters in that political subdivision or portion of a political subdivision as applicable, or the number of ballots cast in a political subdivision divided by the number of active registered voters in a political subdivision if no specific candidate race is prescribed.
16. Contains a severability clause.
17. Contains legislative findings.
18. Makes technical and conforming changes.
19. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires political subdivisions to start consolidating elections beginning in 2018, rather than 2019, if a significant decrease in voter turnout occurs.
2. Alters the definition of significant decrease in voter turnout.
3. Alters the definition of voter turnout.
5. Requires a county recorder to calculate voter turnout and determine if election consolidation is required for a political subdivision, and announce the implementation date at a public meeting.
6. Prohibits a BOS from calling an election that is not in accordance with consolidation requirements after election consolidation has been implemented in a political subdivision.
7. Requires an official election canvass to include data related to consolidation.
8. Permits an individual unaffiliated with a political party to request a nonpartisan early ballot.
9. Makes technical and conforming changes.
Amendments Adopted by Committee of the Whole
1. Alters the definition of significant decrease in voter turnout.
2. Alters the definition of voter turnout.
3. Further simplifies language relating to penalty exemptions for political subdivisions that exceed alternative expenditure limitations after election consolidation.
4. Stipulates that terms of office for officials elected, after consolidation requirements are implemented, must be lengthened to align with consolidated election dates.
5. Requires a county recorder to announce the implementation date of consolidation not more than 90 days after the issuance of the official county canvass for an election.
6. Adds a severability clause.
7. Makes technical and clarifying changes.
Amendments Adopted by Conference Committee
· Makes technical and clarifying changes.
House Action Senate Action
GOV 2/15/18 DPA 5-2-0-1 GOV 3/21/18 DPA 4-3-0
3rd Read 3/7/18 34-22-4 3rd Read 4/9/18 17-11-2
Prepared by Senate Research
April 12, 2018
JO/ZD/lat