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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
council members; resignation; exception
Purpose
Exempts a city or town council member seeking candidacy for mayor of the same city or town from the prohibition on incumbent salaried elective officials from offering their candidacy for any other salaried local, state or federal office.
Background
An incumbent of a salaried elective office, whether holding the office by election or appointment, may not offer the incumbent's candidacy for nomination or election to any other salaried local, state or federal office, except during the final year of the incumbent's term. An incumbent is deemed to have offered the incumbent's candidacy for nomination or election to a salaried local, state or federal office on the filing of a nomination paper and is not deemed to have offered the incumbent's candidacy by making a formal declaration of candidacy for the office. The resignation of the incumbent is effective as of the filing date, if the resignation is not accepted within 10 days of filing with the officer, board or commission that has jurisdiction over the respective office. A person whose resignation from office has become effective may qualify as a candidate for another office during the unexpired portion of the term affected by the resignation. An incumbent of a salaried elective office who offers the incumbent's candidacy, as outlined, for any other salaried local, state or federal office is guilty of misfeasance in office and the office held by the incumbent must be declared vacant (A.R.S. ยง 38-296).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts a city or town council member who wishes to be a candidate for mayor of the same city or town from the prohibition on an incumbent of a salaried elective office from offering their candidacy for any salaried local, state or federal office.
2. Specifies that a city or town council member:
a) is not required to resign if the council member's term of office does not coincide with the term of office of the mayor; and
b) may lawfully offer the council member's candidacy for nomination or election to the office of the mayor without resigning from the member's current office.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
ZD/KS/ci