HB2134 - 541R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-821.01, Arizona Revised Statutes, is amended to read:

START_STATUTE9-821.01. Declaration of statewide concern; nonpartisan city and town elections; districts; procedure

A. Arizona courts have recognized that the Constitution of Arizona requires the legislature's involvement in issues relating to elections conducted by charter cities, including initiative and referendum elections, the method of elections other than by ballot, laws relating to primary elections, voter registration laws to prevent abuse and fraud and campaign finance laws. The legislature finds that the conduct of elections described in this section is a matter of statewide concern.

B. Notwithstanding any other law, a city or town shall not hold any election on candidates for which there is any indication on the ballot of the source of the candidacy or of the support of the candidate.

C. Notwithstanding any other law, for any city or town that provides for election of city or town council members by district, ward, precinct or other geographical designation, only those voters who are qualified electors of the district, ward, precinct or other geographic designation are eligible to vote for that council member candidate in the city or town's primary, general, runoff or other election.

D. Notwithstanding any other law or any charter provision, a city or town may by ordinance provide that at the primary election any candidate for the office of mayor or city council who receives a majority of all votes cast at that election for that office shall be is declared elected to the office for which the person is a candidate, effective as of the date of the general election, and no a further election shall may not be held as to such candidate. For the purposes of this subsection, the majority of votes cast is determined by:

1. Calculating the total number of actual votes cast for all candidates for an office whose names were lawfully on the ballot for that office.

2. Dividing the sum reached pursuant to paragraph 1 of this subsection by the number of seats to be filled for the office.

3. Dividing the number reached pursuant to paragraph 2 of this subsection by two and rounding that number to the highest whole number.

E. If more candidates receive a majority of votes cast than there are seats to be filled for the office pursuant to subsection D of this section, from among those candidates who receive a majority of votes cast, the candidates who receive the highest number of votes equal to the number of seats to be filled for the office shall be is declared elected to that office.

F. If at the primary election no candidate receives the majority of the votes cast or the number of seats to be filled for the office is more than the number of candidates who receive a majority of votes cast, of the candidates who did not receive a majority of votes cast, the number of candidates who advance to the general or runoff election shall be is equal in number to twice the number of seats to be filled for the office and the candidates who received the highest number of votes for the office shall be are the only candidates at the general or runoff election. If more than one candidate received an equal number of votes and that number was the highest number of votes for the office, then all candidates receiving the equal number of votes shall be are candidates at the general or runoff election. The candidates equal in number to the seats to be filled for the office who receive the highest number of votes at the general or runoff election shall be is declared elected to that office. If two or more candidates receive an equal number of votes cast for the same office, and a higher number than any other candidate, the candidate who shall be declared elected shall be is determined by lot in the presence of the candidates. A write-in candidate may not advance to the general or runoff election if the write-in candidate did not receive a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.

G. In addition to subsection D of this section, any town with a population of five thousand persons or less may by majority vote of the qualified electors of the town voting on the question provide that at the primary election those candidates receiving the highest number of votes for the offices to be filled shall be are declared elected to the office, and no a further election shall may not be held if at least three‑fifths of the seats are filled by persons receiving a majority of the votes cast as provided in subsection D of this section. END_STATUTE

Sec. 2. Section 16-645, Arizona Revised Statutes, is amended to read:

START_STATUTE16-645. Canvass and return of precinct vote; declaring nominee of party; certificate of nomination; write‑in candidates

A. When the board of supervisors, or the governing body of a city or town, has completed its canvass of precinct returns, the person having the largest number of votes, or if more than one candidate is necessary, those candidates to the required number who have received the largest number of votes for the nomination for an office in the political party of which he the person was set forth on the ballot as a candidate for the nomination, shall be is declared the nominee of the party for that office and shall be given a certificate of nomination therefor for that office by the board or governing body, which shall entitle him the person to have his the person's name placed upon on the official ballot at the ensuing election as the nominee of the party for the office. When canvassing write‑in votes the apparent intent of the voter shall be taken into consideration to the extent possible and the standard prescribed for federal write-in candidates in section 16‑543.02, subsection C applies.

B. The board of supervisors shall deliver the canvass to the secretary of state within ten days after the primary election, and the secretary of state shall on or before the second Monday following the primary election canvass the return and issue a letter declaring nomination as provided in this section to the nominees who filed nominating petitions and papers with the secretary of state pursuant to section 16‑311, subsection D. For any partisan primary election, the governing body or officer in charge of elections shall prepare and transmit to the secretary of state along with the official canvass the total by party of partisan ballots selected in that primary election by voters who registered as no party preference, as independents or as members of a political party that is not qualified for representation on the ballot.

C. A certificate of election shall not be issued to a write‑in candidate for precinct committeeman or a write-in candidate for a nonpartisan office unless he the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16‑322 for nominating petitions for the same office.

D. Except as provided in subsection C of this section, a letter declaring nomination shall not be issued to a write‑in candidate of a party that has not qualified for continued representation on the official ballot pursuant to section 16‑804 unless he the candidate receives a plurality of the votes of the party for the office for which he the candidate is a candidate.

E. Except as provided by subsection C of this section, a letter declaring nomination shall not be issued to a write‑in candidate of a party qualified for continued representation on the official ballot unless he the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16‑322 for nominating petitions for the same office.

F. A certificate of election shall not be issued to presidential electors who are pledged to a write‑in candidate for president unless that candidate received the highest number of votes cast for the office of president. END_STATUTE