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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
bond
elections; date; voter turnout
(NOW: bond elections; date; supermajority vote)
Purpose
Consolidates local bond elections to occur only in even numbered years and requires a majority vote of at least 60 percent to create an indebtedness or issue bonds.
Background
A county, city, town or similar municipality may, and on petition of 15 percent of the qualified electors must, order an election to determine whether the local government may become indebted. The local government may become indebted upon a majority of votes cast to create the indebtedness. The election to authorize indebtedness must be held on the first Tuesday after the first Monday in November as governed by statute relating to consolidated elections. After becoming indebted and before the local government may order a bond election, the governing board or body must file and record in the office of the county recorder a certificate disclosing the purpose of the bond election, the total number of votes for and against creating the indebtedness and that states whether or not the indebtedness is ordered. Once the certificate is filed, the governing board or body must carry out the purpose of the bond election. The governing board or body may issue and sell bonds upon a majority of votes cast in favor of the bond and in the amount authorized at the bond election (A.R.S. Title 35, Chapter 3, Article 3).
A city, town or other political subdivision must hold an election on a statewide election date if the previous elections held on a non-statewide election date resulted in a significant decrease in voter turnout. A political subdivision that experiences a significant decrease in voter turnout during an election, other than a special election or recall election, must hold the political subdivision's subsequent elections on the statewide election beginning three calendar years after the significant decrease in voter turnout occurs. An election for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town or other political subdivision as prescribed must be held on the first Tuesday after the first Monday in November (A.R.S. §§ 16-204 and 16-204.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that a political subdivision may only become indebted or issue and sell bonds if at least 60 percent of voters approve to create an indebtedness or issue bonds.
2. Requires bond elections to be held in even numbered years only.
3. Increases, from 15 percent to 25 percent, the required number of petition signatures to order a bond election.
4. Prohibits a bond election scheduled for 2025 from being held earlier than 2026.
5. Exempts charter cities from the newly prescribed requirements for bond elections.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Replaces the requirement that a bond election or election to authorize indebtedness meet a voter turnout of at least 60 percent with the requirement that the bond or indebtedness receive a majority vote of at least 60 percent for the bond or indebtedness to pass.
2. Makes conforming changes.
House Action Senate Action
MOE 2/7/24 DP 5-4-0-0 ELEC 3/4/24 DP 4-2-2
3rd Read 2/22/24 31-28-0-0-1
Prepared by Senate Research
June 12, 2024
AN/KS/cs