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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HOUSE BILL 2604 |
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AN ACT
amending title 16, chapter 2, ARTICLE 1, Arizona Revised Statutes, by adding sections 16-204.01 and 16‑204.02; relating to election dates.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 2, article 1, Arizona Revised Statutes, is amended by adding sections 16-204.01 and 16‑204.02, to read:
16-204.01. Declaration of statewide concern; city, charter city or town; political subdivision consolidated election dates; voter turnout; definitions
A. After consideration of the court's opinion in City of Tucson v. state, 235 Ariz. 434 (CT. App. 2014), the legislature finds and determines that it is a matter of statewide concern to increase voter participation in elections, including elections for cities, including charter cities, towns and other political subdivisions, and the legislature finds and declares that, if cities, including charter cities, towns and other political subdivisions demonstrate low voter turnout in elections that are not held on the consolidated election dates prescribed in section 16-204, the low voter turnout constitutes sufficient factual support for requiring candidate and other elections to be held on certain specific consolidated dates. The legislature further finds and declares that after evidence of low voter turnout in city, including charter city and town elections and in elections held for other political subdivisions, increasing voter turnout through the use of consolidated election dates for candidate and other elections as prescribed by this section is a matter of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary.
B. A political subdivision shall hold its elections on a statewide election date if its previous elections on a non-statewide election date resulted in a significant decrease in voter turnout in that political subdivision.
C. This section applies to a political subdivision's election beginning in 2019, other than a special election or recall election, and if a significant decrease in voter turnout occurs as prescribed in subsection B of this section, the political subdivision shall hold its subsequent elections on the statewide election dates beginning three calendar years after the occurrence of the significant decrease in voter turnout.
D. For the purposes of this section:
1. "political subdivision" means 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. Political subdivision does not include a special taxing district.
2. "Significant decrease in voter turnout" means:
(a) For a primary or first election for a city, charter city or town, the voter turnout is at least twenty-five percent lower than the lesser of the voter turnout in that jurisdiction during either of the previous two statewide primary elections.
(b) For a second, runoff or general election for a city, charter city or town, the voter turnout is at least twenty-five percent lower than the lesser of the voter turnout in that jurisdiction during either of the previous two statewide general elections.
(c) For candidate elections and ballot issue elections in another political subdivision, the voter turnout is at least twenty-five percent lower than the lesser of the voter turnout in that jurisdiction during either of the previous two statewide general elections.
3. "Statewide election date" means the date of the regular statewide primary election and the regular statewide general election.
4. "Voter turnout" means the percentage of eligible voters who voted in that jurisdiction.
16-204.02. Implementation of consolidated elections; term of office; alternative expenditure limitation
A. Notwithstanding any other law, in order to comply with the consolidation of election dates if required under section 16-204.01, a political subdivision may lengthen the terms of office for its elected officials.
B. For any political subdivision whose alternative expenditure limitation is scheduled to expire in the three-year period immediately following the year in which the political subdivision is required to comply with the election consolidation requirements of section 16-204.01, subsection B the following apply:
1. For an alternative expenditure limitation that is scheduled to expire in the spring of the year immediately following consolidation of its elections, the penalties prescribed in section 41-1279.07 do not apply to that political subdivision in the fiscal year in which the alternative expenditure limitation is scheduled to expire if the political subdivision seeks voter approval of an alternative expenditure limitation in the fall of the year immediately following consolidation of its elections.
2. For an alternative expenditure limitation that is scheduled to expire in the second or third years immediately following consolidation of its elections, the penalties prescribed in section 41-1279.07 do not apply to that political subdivision in the three following fiscal years and the amount of the alternative expenditure limitation remains at the level established before the expiration of the alternative expenditure limitation if the political subdivision seeks voter approval of an alternative expenditure limitation at the next eligible regular election in the three‑year period immediately following the year in which the political subdivision is required to consolidate its elections.