Chapter 0003 - 571R - S Ver of SB1040

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

Section 1. Section 19-208.02, Arizona Revised Statutes, is amended to read:

START_STATUTE19-208.02. Certification by county recorder

A. Within sixty seventy-five days after receipt of the facsimile of the front and back of the signature sheets from the filing officer, the county recorder shall determine the number of signatures or affidavits of individuals whose names were transmitted that must be disqualified for any of the following reasons:

1. The signature is illegible and the signer is otherwise unidentifiable.

2. The signature was disqualified after comparison with the signature on the affidavit of registration.

3. A petition signer's signature is determined to be invalid after a comparison is made between the signature and handwriting on the petition and the petition signer's voter registration file.

4. If a petitioner signed more than once, all but one otherwise valid signature is disqualified.

5. The individual was not a qualified elector of the district on the date of signing the petition.

6. The individual was a registered voter but was not at least eighteen years of age on the date of signing the petition or affidavit.

7. A residence address or description of residence location is not provided.

8. The address provided is illegible or nonexistent.

9. A date of signing is not provided.

10. Any other reason a signature or entire petition sheet could be removed by the filing officer pursuant to section 19-208.01.

B. The county recorder shall certify such the number to the filing officer in the form prescribed by the secretary of state.

C. At the time of certification, the county recorder shall:

1. Return the facsimile copies of the signature sheets to the filing officer and obtain a dated, signed receipt for the copies.

2. Send notice of the certification results by mail or electronically to the person or organization that submitted the recall petitions and to the filing officer. END_STATUTE

Sec. 2. Section 19-209, Arizona Revised Statutes, is amended to read:

START_STATUTE19-209. 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. END_STATUTE

Sec. 3. Section 19-212, Arizona Revised Statutes, is amended to read:

START_STATUTE19-212. 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. 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, 16-822, 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 _______(date)_________, 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.

G. Any person who desires to be a candidate for the office at the recall election shall file a statement of interest with the appropriate filing officer for that office in the form prescribed by section 16-311. Any nomination petition signatures that are collected before the date the statement of interest is filed and before the date the recall application prescribed by section 19-202.01 is filed are invalid and subject to challenge. END_STATUTE