ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: JUDE DP 4-3-0-0 | 3^rd Read: 17-10-3-0

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SB 1536: cities and towns; primary elections

Sponsor: Senator Kavanagh, LD 3

Committee on Federalism, Military Affairs & Elections

Overview

Alters the procedure for declaring elected a candidate for mayor or city council in a specific circumstance.

History

Contests of Municipal Elections

Any elector of the municipality may contest the results of an election provided the elector has grounds to do so. The grounds to contest an election include misconduct of the officials canvassing the election, illegal votes or that a candidate was not eligible for that office. An election contest can be brought in the superior court of the county in which the person contesting the election resides. The court must set a time to hear the contest within 10 days after the statement of contest is filed and can be extended for an additional 5 days if good cause is shown. The court must file its findings and pronounce a judgement within 5 days (A.R.S. §§ 9-821, 16-672, 16-674, 16-676).

Special Circumstances: Elections for Mayor and City Council

A municipality can adopt an ordinance stating that a candidate for the office of mayor or city council who receives a majority of all votes cast at the primary election be declared elected to that office, effective as of the date of the general election. However, if the person holding that office at the time of the primary election is appointed, and the candidate receives a majority of all votes cast at the primary election, then the candidate is seated based on whether the candidate is seeking office for the remainder of that term or for a new term. A candidate for the remainder of that term in office is declared elected after the canvass, certification of the results and on taking the oath of office. A candidate for a new term of office is declared elected, effective after the canvass and certification of the results and on taking the oath of office and can be seated to complete the remainder of the existing term (A.R.S. § 9-821.01).

Provisions

1. Adds, as an additional condition for a mayor or city council candidate who receives a majority of all votes cast for a new term in that office, and the current officeholder is appointed, that any election contest be resolved before the candidate can be declared elected. (Sec. 1)

2. Makes technical changes. (Sec. 1)

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6.                   SB 1536

7. Initials JH           Page 0 Federalism, Military Affairs & Elections

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