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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
REVISED
cities and towns; primary elections
Purpose
Specifies that a resolution of any election contest must occur before declaring, as elected, a candidate for a new term in the office of mayor or city council who received a majority of all votes cast at the primary election, if the office is currently being served by appointment.
Background
A city or town, by ordinance, may provide that a candidate for the office of mayor or city council is declared elected to that office, effective on the date of the general election, if the candidate received a majority of all votes cast at the primary election for that office. A candidate for a new term in the office of mayor or city council who receives a majority of all votes cast must be declared elected to the term in office effective after the canvass and certification of the primary election results and on taking the oath of office. If the office is currently being served by appointment, then the candidate may be seated to complete the remainder of the existing term (A.R.S. § 9-821.01).
An elector of a county, city, town or a political subdivision of the county, city or town may contest the right of a person who is declared elected to an office in the county, city or town or who is nominated to an office at a primary election. The contest may be brought in the superior court of the county in which the elector resides, and the summons must be served on the contested person. The court must set a time for hearing the contest within 10 days after the date on which the statement of contest was filed and upon filing of the answer, or if no answer was filed, the expiration of the time specified in the summons. Within five days after the submission of and hearing the proofs and allegations of the parties, the court must file the findings and immediately pronounce judgment that either confirms or annuls and sets aside the election (A.R.S. §§ 16-674 and 16-676).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an election contest to be resolved before declaring, as elected, a candidate who receives a majority of votes cast at the primary election for a new term in the office of mayor or city council, if the office is currently being served by appointment.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Revision
· Adds the specification that, if the office of mayor or councilmember is currently being served by appointment, an election contest must be resolved before declaring a candidate for a new term in the office of mayor or city council as elected.
Prepared by Senate Research
February 18, 2025
ZD/KS/ci