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REFERENCE TITLE: consolidated elections; voter turnout |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2604 |
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Introduced by Representative Mesnard
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AN ACT
amending title 16, chapter 2, ARTICLE 1, Arizona Revised Statutes, by adding section 16-204.01; 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 section 16-204.01, to read:
16-204.01. Declaration of statewide concern; city, charter city or town; political subdivision consolidated election dates; voter turnout; definition
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 city, including a charter city, town or another political subdivision shall comply with section 16-204 and hold all of its elections in the next following even‑numbered year on the date prescribed by section 16-204, subsection E that is at least two calendar years after that city's, including a charter city's, town's or other political subdivision's election if any of the following occurs:
1. Beginning with elections held in 2019, at a primary or first election for candidates that is held in an odd‑numbered year, other than a special election or recall election and without regard to whether the city, including a charter city, or town designates the election a primary election, a first election, a preliminary election or any other similar descriptive term, the percentage of eligible voters who voted in that primary or first election is less than seventy-five percent of the lesser of the following:
(a) The STATEWIDE average of the percentage of ELIGIBLE voters who voted in the primary or first election held in the immediately preceding even-numbered year for all cities, including charter cities, and TOWNS.
(b) The statewide average of the percentage of ELIGIBLE voters who voted in the PRIMARY or first election held in the even-numbered year that is three years immediately preceding, for all cities, including charter cities, and towns.
2. Beginning with elections held in 2019, at a general election or a runoff election for candidates that is held in an odd‑numbered year, other than a special election or recall election, and without regard to how the city, charter city or town designates the election, the percentage of eligible voters who voted in that general or runoff election is less than seventy-five percent of the lesser of the following:
(a) The STATEWIDE average of the percentage of ELIGIBLE voters who voted in the general or runoff election held in the immediately preceding even-numbered year for all cities, including charter cities, and TOWNS.
(b) The statewide average of the percentage of ELIGIBLE voters who voted in the general or runoff election held in the even-numbered year that is three years immediately preceding, for all cities, including charter cities, and towns.
3. Beginning with elections held in 2019 for political subdivisions, other than cities, charter cities and towns, for candidates and for other issues appearing on the ballot in an odd-numbered year, the percentage of eligible voters who voted in that election is less than seventy-five percent of the lesser of the following :
(a) The STATEWIDE average of the percentage of ELIGIBLE voters who voted in an election held in the immediately preceding even-numbered year for all political subdivisions.
(b) The statewide average of the percentage of ELIGIBLE voters who voted in an election held in the even-numbered year that is three years immediately preceding, for all political subdivisions.
C. The secretary of state shall calculate the statewide average of eligible voters who voted in elections as prescribed by this section and shall provide that information to the public.
D. For the purposes of this section, "political subdivision" has the same meaning prescribed in section 16-204.