PREFILED DEC 21 2023
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REFERENCE TITLE: elections; municipal vacancies; primary |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2080 |
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Introduced by Representatives Hendrix: Parker B
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An Act
amending sections 9-235 and 9-821.01, Arizona Revised Statutes; relating to city and town elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-235, Arizona Revised Statutes, is amended to read:
9-235. Vacancies in council
A. The council shall fill a vacancy that may occur by appointment until the next regularly scheduled council election if the vacancy occurs more than thirty days before the nomination petition deadline, otherwise the appointment is for the unexpired term. If the city or town by ordinance provides 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 is declared elected to the office and a candidate to fill the vacancy in that office receives a majority of all votes cast for that office at the primary election, section 9-821.01, subsection D applies. This subsection does not apply to a charter city.
B. The member appointed shall meet the qualifications established in section 9-232.
Sec. 2. Section 9-821.01, Arizona Revised Statutes, is amended to read:
9-821.01. 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 is shall be declared elected to the office for which the person is a candidate, effective as of the date of the general election, and a further election may not be held as to such candidate, . except that if the person holding the office of mayor or city council at the time of the primary election is holding that office by appointment as prescribed by section 9-235, the following apply:
1. A candidate to fill the vacancy who receives a majority of all votes cast at that primary election for that office shall be declared elected to that office, effective after the canvass and certification of the results of that primary election and on taking the oath of office.
2. The appointed member's term of office ends when the elected candidate takes the oath of office.
E. For the purposes of this subsection D of this section, 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. F. 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 is shall be declared elected to that office.
F. G. 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 is shall be 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 are shall be 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 are shall be 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 is shall be 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 is shall be 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. H. 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 are shall be declared elected to the office, and a further election 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.