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Senate Engrossed
recall; requirements; petitions |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE BILL 1593 |
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An Act
amending sections 19-209 and 19-212, Arizona Revised Statutes; relating to recall and advisory recall.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 19-209, Arizona Revised Statutes, is amended to read:
19-209. Order for special recall election; officer in charge of election; definition
A. If the officer against whom a petition is filed does not resign within five days, excluding Saturdays, Sundays and other legal holidays, after the filing as determined pursuant to section 19-208.03, the order calling a special recall election shall be issued within fifteen days and shall be ordered to be held on the next following consolidated election date pursuant to section 16-204 that is ninety one hundred twenty days or more after the order calling the election.
B. A recall election shall be called:
1. If for a state office, including a member of the legislature, by the governor.
2. If for a county officer, special taxing district officer or judge or other officer of the superior court in a county, by the board of supervisors of that county.
3. If for a city or town officer, by the legislative body of the city or town.
4. If for a member of a school district governing board, by the county school superintendent of the county in which the school district is located.
C. If a recall petition is against an officer who is directed by this section to call the election it shall be called:
1. If for a state office, by the secretary of state.
2. If for a county office, by the clerk of the superior court.
3. If for a city or town office, by the city or town clerk.
D. The officer in charge of the election for any recall election called pursuant to this chapter is as follows:
1. If for a state office, including a member of the legislature, the secretary of state.
2. If for a county officer, special taxing district officer or superior court judge, the county officer in charge of elections.
3. If for a city or town officer, the city or town clerk.
4. If for a member of a school district governing board, the county school superintendent of the county in which the school district is located.
E. For the purposes of this section, "special taxing district" means a special taxing district that is established pursuant to title 48 and that is supported primarily by taxes.
Sec. 2. Section 19-212, Arizona Revised Statutes, is amended to read:
19-212. Nomination petition; form; filing
A. Unless the officer otherwise requests in writing, the name of the officer against whom a recall petition is filed shall be placed as a candidate on the official ballot without nomination. Other candidates for the office may be nominated to be voted upon on at the election and shall be placed upon on the official recall ballot after filing a nomination petition that is signed by a number of qualified electors that is equal to at least two per cent percent of the total votes cast for all candidates for that office at the last election for that office. A candidate for the office may circulate a nomination petition during the time provided by law for circulating the recall petition. Nomination petition signers shall be qualified electors of the electoral district of the officer against whom the recall petition is filed.
B. If the officer against whom a recall petition is filed was appointed to the office or was deemed elected after an election was canceled due to the absence of opposing candidates as provided in section 15-424, 48-802, 48-1012, 48-1208, 48-1404, 48-1908, 48-2010, 48-2107 or 48-2208, other candidates for the office to be voted on in the recall election shall be placed on the official recall ballot after filing a nomination petition that is signed by the number of qualified electors that is equal to at least one-half of one per cent percent of the number of active registered voters in the jurisdiction or district represented by that elective officer as determined on the date of the last general election with no not less than five signatures. Nomination petition signers shall be qualified electors of the electoral district of the officer against whom the recall petition is filed.
C. The title and body of the nomination petition shall be substantially in the following form:
Nomination Petition--Recall Election
We, the undersigned electors, qualified to vote in the recall election mentioned herein, residents of the precinct indicated by the residence addresses given, and residents of the county of ______, state of Arizona, hereby nominate _______, who resides at ______, in the county of _______ to be a candidate in the recall election for the office of _________ to be held on ___________________, and we further declare that
(date)
we have not signed and will not sign any nomination paper for any other person for such office.
The remainder of the petition shall be substantially in the form prescribed in section 16-315.
D. If recall petitions have been filed against more than one member of a multimember public body whose members serve at large, the nomination petition and paper of the other candidates shall state which member they oppose.
E. To each nomination petition shall be appended a certificate by a person who is qualified to register to vote pursuant to section 16-101 stating that to the best of his knowledge and belief all the signers of the nomination petition are qualified electors of the precinct which they give as their residence.
F. Such The nomination petition shall be filed not more than ninety one hundred twenty days nor less than sixty ninety days prior to before the date of the recall election.