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House Engrossed
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State of Arizona
House of Representatives
Forty-fifth Legislature
First Regular Session
2001
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HOUSE BILL 2258
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AN ACT
AMENDING SECTIONS 16-166, 16-225, 16-311, 16-312, 16-315, 16-461, 16-542, 16-551, 16-552, 19-101 AND 48-262, ARIZONA REVISED STATUTES; RELATING TO ELECTIONS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-166, Arizona Revised Statutes, is amended to read:
16-166. Verification of registration
A. Except for the mailing of sample ballots, a county recorder who mails an item to
any elector shall send the mailing by nonforwardable first class mail marked "address
correction requested" WITH THE STATEMENT REQUIRED BY THE POSTMASTER TO RECEIVE AN
ADDRESS CORRECTION NOTIFICATION. If the item is returned undelivered, the county
recorder shall send a follow-up notice to that elector within three weeks of receipt of
the returned notice. The county recorder shall send the follow-up notice to the address
that appears on the general county register or to the forwarding address provided by the
United States postal service. The follow-up notice shall include a registration form and
the information prescribed by section 16-131, subsection C and shall state that if the
elector does not complete and return a new registration form with current information to
the county recorder within thirty-five days, the name of the elector will be removed from
the general register and transferred to the inactive voter list.
B. If the elector provides the county recorder with a new registration form, the county recorder shall change the general register to reflect the changes indicated on the new registration. If the elector indicates a new residence address outside that county, the county recorder shall forward the voter registration form to the county recorder of the county in which the elector's address is located. If the elector provides a new residence address that is located outside this state, the county recorder shall cancel the elector's registration.
C. The county recorder shall maintain on the inactive voter list the names of electors who have been removed from the general register pursuant to subsection A or E of this section for a period of four years or through the date of the second general election for federal office following the date of the notice from the county recorder that is sent pursuant to subsection E of this section.
D. On notice that a government agency has changed the name of any street, route number, post office box number or other address designation, the county recorder shall revise the registration records and shall send a new verification of registration notice to the electors whose records were changed.
E. The county recorder on or before May 1 of each year preceding a state primary and general election or more frequently as the recorder deems necessary may use the change of address information supplied by the postal service through its licensees to identify registrants whose addresses may have changed. If it appears from information provided by the postal service that a registrant has moved to a different residence address in the same county, the county recorder shall change the registration records to reflect the new address and shall send the registrant a notice of the change by forwardable mail and a postage prepaid preaddressed return form by which the registrant may verify or correct the registration information. If the registrant fails to return the form postmarked not later than twenty-nine days before the next election, the elector shall be removed from the general register and transferred to the inactive voter list. If the notice sent by the recorder is not returned, the registrant may be required to provide affirmation or confirmation of the registrant's address in order to vote. If the registrant does not vote in an election during the period after the date of the notice from the recorder through the date of the second general election for federal office following the date of that notice, the registrant's name shall be removed from the list of inactive voters. If the registrant has changed residence to a new county, the county recorder shall provide information on how the registrant can continue to be eligible to vote.
Sec. 2. Section 16-225, Arizona Revised Statutes, is amended to read:
16-225. Special district election dates
A. A Special district DISTRICTS as described in title 48, chapters
5, 6, 8, 10 and 13 through 16 shall not hold any election except on a date prescribed by
section 16-204.
B. The board of supervisors of the county in which the special district or greater
part thereof PORTION OF THE ASSESSED VALUATION OF THE PROPERTY IN THE DISTRICT
is located shall call the election for the formation of special districts in
accordance with subsection A of this section.
C. The governing body of a special district shall call all other elections for the
district in accordance with subsection A of this section and shall notify the board of
supervisors AND THE OFFICER IN CHARGE OF ELECTIONS of the county in which the
special district or greater part of PORTION OF THE ASSESSED VALUATION OF THE
PROPERTY IN the district is located of the purpose of the election.
D. On NOTIFICATION OF THE OFFICER IN CHARGE OF ELECTIONS AND approval of the county board of supervisors, the governing body of a special district may authorize any special district election that is not held on a date prescribed by section 16-204 to be conducted by mail pursuant to chapter 4, article 8.1 of this title.
Sec. 3. Section 16-311, Arizona Revised Statutes, is amended to read:
16-311. Nomination papers; filing; definitions
A. Any person desiring to become a candidate at a primary election for a political party and to have the person's name printed on the official ballot shall be a qualified elector of such party and shall, not less than ninety nor more than one hundred twenty days before the primary election, sign and cause to be filed a nomination paper giving the person's ACTUAL ADDRESS OR DESCRIPTION OF place of residence and post office address, naming the party of which the person desires to become a candidate, stating the office and district or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G, and giving the date of the primary election and, if nominated, the date of the general election at which the person desires to become a candidate. A candidate for public office shall be a qualified elector at the time of filing and shall reside in the county, district or precinct which the person proposes to represent.
B. Any person desiring to become a candidate at any nonpartisan election and to have the person's name printed on the official ballot shall be at the time of filing a qualified elector of such county, city, town or district and, not less than ninety nor more than one hundred twenty days before the election, shall sign and cause to be filed a nomination paper giving the person's place of residence and post office address, stating the office and county, city, town or district and ward or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G and giving the date of the election. A candidate for office shall reside at the time of filing in the county, city, town, district, ward or precinct which the person proposes to represent.
C. Notwithstanding the provisions of subsection B to the contrary, any city or town may adopt by ordinance for its elections the time frame provided in subsection A for filing nomination petitions. Such ordinance shall be adopted not less than one hundred twenty days before the first election to which it applies.
D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A an affidavit which shall be printed in a form prescribed by the secretary of state. The affidavit shall include facts sufficient to show that, other than the residency requirement provided in subsection A, the candidate will be qualified at the time of election to hold the office the person seeks.
E. The nomination paper of a candidate for the office of United States senator or representative in Congress, for the office of presidential elector or for a state office, including a member of the legislature, or for any other office for which the electors of the entire state or a subdivision of the state greater than a county are entitled to vote, shall be filed with the secretary of state no later than 5:00 p.m. on the last date for filing.
F. The nomination paper of a candidate for superior court judge or for a county, district and precinct office for which the electors of a county or a subdivision of a county other than an incorporated city or town are entitled to vote shall be filed with the county elections officer no later than 5:00 p.m. on the last date for filing as prescribed by subsection A. The nomination paper of a candidate for a city or town office shall be filed with the city or town clerk no later than 5:00 p.m. on the last date for filing. The nomination paper of a candidate for school district office shall be filed with the county school superintendent no later than 5:00 p.m. on the last date for filing.
G. The nomination paper shall include the exact manner in which the candidate desires to have the person's name printed on the official ballot and shall be limited to the candidate's surname and given name or names, an abbreviated version of such names or appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William" or "S." for "Samuel". Nicknames are permissible, but in no event shall nicknames, abbreviated versions or initials of given names suggest reference to professional, fraternal, religious or military titles. No other descriptive name or names shall be printed on the official ballot, except as provided in this section. Candidates' abbreviated names or nicknames may be printed within quotation marks. The candidate's surname shall be printed first, followed by the given name or names.
H. A person who does not file a timely nomination paper that complies with this section is not eligible to have the person's name printed on the official ballot for that office. The filing officer shall not accept the nomination paper of a candidate for state or local office unless it is accompanied by all of the following:
1. The nomination petition required by this title.
2. A political committee statement of organization or the five hundred dollar threshold exemption statement.
3. The financial disclosure statement as prescribed for candidates for that office.
I. As used in this title:
1. "Election district" means the state, any county, city, town, precinct or other political subdivision or a special district which is not a political subdivision, which is authorized by statute to conduct an election and which is authorized or required to conduct its election in accordance with this title.
2. "Nomination paper" means the form filed with the appropriate office by a person wishing to declare the person's intent to become a candidate for a particular political office.
Sec. 4. Section 16-312, Arizona Revised Statutes, is amended to read:
16-312. Filing of nomination papers for write- in candidates
A. Any person desiring to become a write-in candidate for an elective office in any election shall file a nomination paper, signed by the candidate, giving the person's ACTUAL ADDRESS OR DESCRIPTION OF place of residence and post office address, age, length of residence in the state and date of birth.
B. A write-in candidate shall file the nomination paper no later than 5:00 p.m. on the fourteenth day prior to the election. The write-in filing procedure shall be in the same manner as prescribed in section 16-311. Any person who does not file a timely nomination paper shall not be counted in the tally of ballots. The filing officer shall not accept the nomination paper of a candidate for state or local office unless it is accompanied by both of the following:
1. A political committee statement of organization or the five hundred dollar threshold exemption statement.
2. The financial disclosure statement as prescribed for candidates for that office.
C. The secretary of state shall notify the various boards of supervisors as to write-in candidates filing with the secretary of state's office. The county school superintendent shall notify the appropriate board of supervisors as to write-in candidates filing with the superintendent's office. The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements. In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed. No other write-ins shall be counted. The election board inspector shall post the notice of official write-in candidates in a conspicuous location within the polling place.
D. Except as provided in section 16-343, subsection E, a candidate may not file
pursuant to this section if either ANY of the following applies:
1. FOR A CANDIDATE IN THE GENERAL ELECTION, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.
2. FOR A CANDIDATE IN THE GENERAL ELECTION, the candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322.
3. FOR A CANDIDATE IN THE PRIMARY ELECTION, THE CANDIDATE FILED A NOMINATION PETITION FOR THE CURRENT PRIMARY ELECTION FOR THE OFFICE SOUGHT AND FAILED TO PROVIDE A SUFFICIENT NUMBER OF VALID PETITION SIGNATURES AS PRESCRIBED BY SECTION 16-322.
E. A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice- presidential running mate, the names of presidential electors who will represent that candidate and a statement signed by the vice-presidential running mate and designated presidential electors that indicates their consent to be designated. A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper. The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.
Sec. 5. Section 16-315, Arizona Revised Statutes, is amended to read:
16-315. Form of petitions
A. The nomination petitions shall be in substantially the following form:
1. Petitions shall be on paper fourteen inches wide and eight and one-half inches long.
2. Petitions shall be headed by a caption stating the purpose of the petition, followed by the body of the petition stating the intent of the petitioners.
3. There shall be fifteen lines spaced three-eighths of an inch apart and consecutively numbered one through fifteen.
4. The signature portion of the petition shall be divided into columns headed by
the titles: signature; printed name; ACTUAL ADDRESS OR DESCRIPTION OF PLACE OF
residence or mailing address or, if no street address, a description of residence
location, city, town or post office; and date of signing.
5. A photograph of the candidate may appear on the nomination petition.
B. The following shall appear on the petition:
Instructions for Circulators
1. All petitions shall be signed by circulator.
2. Circulator must be qualified to register to vote in this state.
3. Circulator's name shall be typed or printed under such person's signature.
4.¦¦Circulator's residence address or, if no street address, a description of residence location shall be included on the petition.
C.¦¦The secretary of state shall prepare sample nomination petition forms and distribute such forms to all election officers.
Sec. 6. Section 16-461, Arizona Revised Statutes, is amended to read:
16-461. Sample primary election ballots; submission to party chairmen for examination; preparation, printing and distribution of ballot
A. At least forty-five days before a primary election, the officer in charge of that election shall:
1. Prepare a proof of a sample ballot.
2. Submit the sample ballot proof of each party to the county chairman or in city or town primaries to the city or town chairman.
3. Mail a sample ballot proof to each candidate for whom a nomination paper and petitions have been filed.
B. Within five days after receipt of the sample ballot, the county chairman of each political party shall suggest to the election officer any change he considers should be made in his party ballot, and if upon examination the election officer finds an error or omission in the ballot he shall correct it. The election officer shall cause the sample ballots to be printed and distributed as required by law, shall maintain a copy of each sample ballot in his office and shall post a notice indicating that sample ballots are available on request in his office. The official sample ballot shall be printed on colored paper. FOR VOTERS WHO ARE NOT REGISTERED WITH A PARTY THAT IS ENTITLED TO CONTINUED REPRESENTATION ON THE BALLOT PURSUANT TO SECTION 16-804, THE ELECTION OFFICER MAY PRINT AND DISTRIBUTE THE REQUIRED SAMPLE BALLOTS IN AN ALTERNATIVE FORMAT, INCLUDING A REDUCED SIZE FORMAT.
C. Not later than forty days before a primary election, the county chairman of a political party may request one sample primary election ballot of his party for each election precinct.
D. The board of supervisors shall have printed mailer-type sample ballots for a primary election and shall mail at least eleven days prior to the election one sample ballot of a political party to each household containing a registered voter of that political party. A certified claim shall be presented to the secretary of state by the board of supervisors for the actual cost of printing, labeling and postage of each sample ballot actually mailed, and the secretary of state shall direct payment of the authenticated claim from funds of his office.
E. For city and town elections, the governing body of a city or town may have printed mailer-type sample ballots for a primary election. If the city or town has printed such sample ballots, the city or town shall provide for the distribution of such ballots and shall bear the expense of printing and distribution of such sample ballots.
F. The return address on the mailer-type sample ballots shall not contain the name of an appointed or elected public officer nor may the name of an appointed or elected public officer be used to indicate who produced the sample ballot.
G. The great seal of the state of Arizona shall be imprinted along with the words "official voting materials" on the mailing face of each sample ballot. In county, city or town elections the seal of such jurisdiction shall be substituted for the state seal.
Sec. 7. Section 16-542, Arizona Revised Statutes, is amended to read:
16-542. Request for ballot
A. Within ninety days next preceding the Saturday before any election called pursuant to the laws of this state, an elector may make a verbal or signed request to the county recorder, or other officer in charge of elections for the applicable political subdivision of this state in whose jurisdiction the elector is registered to vote, for an official early ballot. In addition to name and address, the requesting elector shall provide the date of birth and state or country of birth or other information that if compared to the voter registration information on file would confirm the identity of the elector. If the request indicates that the elector needs a primary election ballot and a general election ballot, the county recorder or other officer in charge of elections shall honor the request. For any partisan primary election, if the elector is not registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16-804, the elector shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the elector may receive and vote the ballot of only that one political party. The county recorder may establish on-site early voting locations at the recorder's office or any other locations in the county the recorder deems necessary.
B. Notwithstanding subsection A of this section, a request for an official early ballot from an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 42 United States Code section 1973) that is received by the county recorder or other officer in charge of elections more than ninety days next preceding the Saturday before the election is valid.
C. The recorder or other officer in charge of elections shall mail postage prepaid to the address provided by the requesting elector, which address shall be the elector's residence address or the location where the elector is temporarily residing while absent from the precinct, the early ballot and the envelope for its return within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to section 16-545. Only the elector may be in possession of that elector's unvoted early ballot. If the request is made by the elector within thirty days next preceding the Saturday before the election, such mailing must be made within forty-eight hours after receipt of the request. Saturdays, Sundays and other legal holidays are excluded from the computation of the forty-eight hour period prescribed by this subsection. If the request is made by an absent uniformed services voter or an overseas voter more than ninety days next preceding the Saturday before the election, the mailing shall be made within twenty-four hours after the early ballots are delivered pursuant to section 16-545, subsection B, excluding Sundays.
D. In order to receive an early ballot by mail, an elector's request that an early ballot be mailed to the elector's residence or temporary address must be received by the county recorder or other officer in charge of elections no later than 5:00 p.m. on the eleventh day preceding the election. An elector who appears personally no later than 5:00 p.m. on the Friday preceding the election at an on-site early voting location that is established by the county recorder or other officer in charge of elections shall be given a ballot and permitted to vote at the on-site location.
E. The county recorder or other officer in charge of early balloting shall provide an alphabetized list of all voters in the precinct who have requested and have been sent an early ballot to the election board of the precinct in which the voter is registered not later than the day prior to the election.
F. As a result of an emergency occurring between 5:00 p.m. on the second Friday preceding the election and 5:00 p.m. on the Monday preceding the election, qualified electors may request to vote early in the manner prescribed by the county recorder of their respective county. For purposes of this subsection, "emergency" means any unforeseen circumstances which would prevent the elector from voting at the polls.
G. A candidate or political committee may distribute early ballot request forms to
voters. If the early ballot request forms include a printed address for return to an
addressee other than a political subdivision, the addressee shall be the candidate or
political committee that paid for the printing and distribution of the request
forms. All early ballot request forms that are received by a candidate or political
committee shall be transmitted as soon as practicable WITHIN TEN BUSINESS DAYS
to the political subdivision that will conduct the election, EXCEPT THAT A
CANDIDATE OR POLITICAL COMMITTEE THAT RECEIVES AN EARLY BALLOT REQUEST WITHIN THE THIRTY
DAYS IMMEDIATELY BEFORE THE SATURDAY BEFORE THE ELECTION SHALL TRANSMIT THAT EARLY BALLOT
REQUEST TO THE POLITICAL SUBDIVISION WITHIN NINETY-SIX HOURS AFTER RECEIPT OF THE EARLY
BALLOT REQUEST. SATURDAYS, SUNDAYS AND OTHER LEGAL HOLIDAYS ARE NOT INCLUDED IN THE
COMPUTATION OF THE NINETY-SIX HOURS.
Sec. 8. Section 16-551, Arizona Revised Statutes, is amended to read:
16-551. Early election board
A. The board of supervisors or the governing body of the political subdivision shall appoint one or more early election boards to serve at places to be designated by the board of supervisors or the governing body to canvass and tally early election ballots. Members of early ELECTION boards shall be selected in accordance with the provisions for selecting members of regular election boards as provided in section 16- 531.
B. If an electronic voting system is in use for early voting, the early election board shall consist of at least one inspector and two judges who shall perform the processing requirements in accordance with the rules issued by the secretary of state. The inspector and judges shall be appointed in the same manner by party as provided in section 16-531.
C. All early ballots received by the county recorder or other officer in charge of
elections before 7:00 p.m. on election day and the original affidavit of the voter shall
be delivered to the early election boards for processing as provided in the rules of the
secretary of state. The office of the county recorder or other officer in charge of
elections shall remain open until 7:00 p.m. on election day for the purpose of receiving
early ballots. In no event shall partial or complete tallies of the early election board
be released or divulged before ALL PRECINCTS HAVE REPORTED OR one hour
following AFTER the closing of the polls on election day, WHICHEVER OCCURS
FIRST.
D. The necessary printed blanks for poll lists, tally lists, lists of voters, ballots, oaths and returns, together with envelopes in which to enclose the returns, shall be furnished by the board of supervisors or the governing body of the political subdivision to the early election board for each election precinct at the expense of the county or the political subdivision.
Sec. 9. Section 16-552, Arizona Revised Statutes, is amended to read:
16-552. Early ballots; processing; challenges
A. In a jurisdiction that uses punch card ballots, the early election board, immediately upon receipt of the early ballots, shall, as provided by this section, cast separately for each precinct the early ballots which have been received. In a jurisdiction that uses optical scan ballots, the officer in charge of elections may use the procedure prescribed by this section or may request approval from the secretary of state for a different method for processing early ballots. The request shall be made in writing at least ninety days before the election for which the procedure is intended to be used. AFTER THE ELECTION OFFICIAL HAS CONFIRMED WITH THE SECRETARY OF STATE THAT ALL ELECTION EQUIPMENT PASSES THE LOGIC AND ACCURACY TEST, THE ELECTION OFFICIAL MAY BEGIN TO COUNT EARLY BALLOTS. NO EARLY BALLOT RESULTS MAY BE RELEASED EXCEPT AS PRESCRIBED BY SECTION 16-551.
B. The early election board shall check the voter's affidavit on the envelope containing the early ballot. If it is found to be sufficient, the vote shall be allowed. If the affidavit is insufficient, the vote shall not be allowed.
C. The county chairman of each political party represented on the ballot may, by written appointment addressed to the early election board, designate party representatives and alternates to act as early ballot challengers for the party. No party may have more than the number of such representatives or alternates which were mutually agreed upon by each political party to be present at one time. If such agreement cannot be reached, the number of representatives shall be limited to one for each political party.
D. An early ballot may be challenged on any grounds set forth in section 16- 591. All challenges shall be made in writing with a brief statement of the grounds prior to the early ballot being placed in the ballot box. A record of all challenges and resulting proceedings shall be kept in substantially the same manner as provided in section 16-594. If an early ballot is challenged, it shall be set aside and retained in the possession of the early election board or other officer in charge of early ballot processing until a time that the early election board sets for determination of the challenge, subject to the procedure in subsection E of this section, at which time the early election board shall hear the grounds for the challenge and shall decide what disposition shall be made of the early ballot by majority vote. If the early ballot is not allowed, it shall be handled pursuant to subsection G of this section.
E. Within twenty-four hours of receipt of a challenge, the early election board or other officer in charge of early ballot processing shall mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the request for AN early ballot or, if none was provided, to the mailing address shown on the registration rolls. Notice shall also be mailed to the challenger at the address listed on the written challenge and provided to the county chairman of each political party represented on the ballot. The board shall meet to determine the challenge at the time specified by the notice but, in any event, not earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m. on the Monday following the election. The board shall provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge. The board may decline to permit comments, either in person or in writing, by anyone other than the voter, the challenger and the party representatives. The burden of proof is on the challenger to show why the voter should not be permitted to vote. The fact that the voter fails to appear shall not be deemed to be an admission of the validity of the challenge. The early election board or other officer in charge of early ballot processing is not required to provide the notices described in this subsection if the written challenge fails to set forth at least one of the grounds listed in section 16-591 as a basis for the challenge. In that event, the challenge will be summarily rejected at the meeting of the board. Except for election contests pursuant to section 16-672, the board's decision is final and may not be appealed.
F. If the vote is allowed, the board shall open the envelope containing the ballot in such a manner that the affidavit thereon is not destroyed, take out the ballot without unfolding it or permitting it to be opened or examined and show by the records of the election that the elector has voted.
G. If the vote is not allowed, the affidavit envelope containing the early ballot shall not be opened and the board shall mark across the face of such envelope the grounds for rejection. The affidavit envelope and its contents shall then be deposited with the opened affidavit envelopes and shall be preserved with official returns. If the voter does not enter an appearance, the board shall send the voter a notice stating whether the early ballot was disallowed and, if disallowed, providing the grounds for the determination. The notice shall be mailed by first class mail to the voter's mailing address as shown on the registration rolls within three days after the board's determination.
H. Party representatives and alternates may be appointed as provided in subsection C of this section to be present and to challenge the verification of questioned ballots pursuant to section 16-584 on any grounds permitted by this section. Questioned ballots which are challenged shall be presented to the early election board for decision under the provisions of this section.
Sec. 10. Section 19-101, Arizona Revised Statutes, is amended to read:
19-101. Referendum petition; circulators; violation; classification
A. The following shall be the form for referring to the people by referendum petition a measure or item, section or part of a measure enacted by the legislature, or by the legislative body of an incorporated city, town or county:
Referendum Description
(Insert a description of no more than one hundred words of the principal provisions of the measure sought to be referred.)
Notice: This is only a description of the measure sought to be referred prepared by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the title and text of the measure are attached. You have the right to read or examine the title and text before signing.
Petition for Referendum
To the secretary of state: (or to the corresponding officer for or on local county, city, or town measures)
We, the undersigned citizens and qualified electors of the state of Arizona, respectfully order that the senate (or house) bill No. ___ (or other local county, city, or town measure) entitled (title of act or ordinance, and if the petition is against less than the whole act or ordinance then set forth here the item, section, or part, of any measure on which the referendum is used), passed by the _________________ session of the legislature of the state of Arizona, at the general (or special, as the case may be) session of said legislature, (or by county, city or town legislative body) shall be referred to a vote of the qualified electors of the state, (county, city or town) for their approval or rejection at the next regular general election (or city or town election) and each for himself says:
I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am a qualified elector of the state of Arizona, county of (or city or town and county of, as the case may be) _____________.
"Warning
It is a class 1 misdemeanor for any person to knowingly sign an initiative or referendum petition with a name other than his own, except in a circumstance where he signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his own name because of physical infirmity, or to knowingly sign his name more than once for the same measure, or to knowingly sign such petition when he is not a qualified elector."
Signature NameResidenceArizona City or Date (first and ACTUAL post office town signed last name address address (if any) printed) (street & & zip no. and if code no street address, describe residence location)
(Fifteen lines for signatures which shall be numbered)
The validity of signatures on this sheet must be sworn to by the circulator before a notary public on the form appearing on the back of the sheet.
Number ________________
B. Each petition sheet shall have printed in capital letters in no less than twelve point bold-faced type in the upper right-hand corner of the face of the petition sheet the following:
"___________ paid circulator" "______________ volunteer".
C. A circulator of a referendum petition shall state whether he is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures.
D. Signatures obtained on referendum petitions in violation of subsection C of this section are void and shall not be counted in determining the legal sufficiency of the petition. The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section.
Sec. 11. Section 48-262, Arizona Revised Statutes, is amended to read:
48-262. District boundary changes; procedures; notice; hearing; determinations; petitions; definitions
A. Except as prescribed by subsection H of this section, a fire district, community park maintenance district or sanitary district shall change its boundaries by the following procedures:
1. Any person desiring to propose any change to the boundaries of a district shall prepare and submit a boundary change impact statement to the governing body of the district. The boundary change impact statement shall contain at least the following information:
(a) A description of the boundaries of the area to be included within the proposed change and a detailed, accurate map of the area.
(b) An estimate of the assessed valuation within the boundaries of the proposed change.
(c) An estimate of the change in the tax rate of the district if the proposed change is made.
(d) An estimate of the change in the property tax liability, as a result of the proposed change, of a typical resident of a portion of the district, not in the area of the proposed change, before and after the proposed change and of a typical resident of the area of the proposed change.
(e) A list and explanation of benefits that will result from the proposed change to the residents of the area and of the remainder of the district.
(f) A list and explanation of the injuries that will result from the proposed change to residents of the area and of the remainder of the district.
2. On receipt of the boundary change impact statement, the governing body shall set a day, not fewer than twenty nor more than thirty days from that date, for a hearing on the boundary change impact statement. The board of supervisors may at any time prior to making a determination pursuant to paragraph 5 of this subsection require that the impact statement be amended to include any information that the board of supervisors deems to be relevant and necessary.
3. Upon receipt of the boundary change impact statement, the clerk of the governing body shall mail, by first class mail, written notice of the statement, its purpose and notice of the day, hour and place of the hearing on the proposed change to each owner of taxable property and each qualified elector within the boundaries of the proposed change. The clerk of the governing body shall post the notice in at least three conspicuous public places in the area of the proposed change and also publish twice in a daily newspaper of general circulation in the area of the proposed change, at least ten days before the hearing, or if no daily newspaper of general circulation exists in the area of the proposed change, then at least twice at any time before the date of the hearing, a notice setting forth the purpose of the impact statement, the description of the boundaries of the proposed change and the day, hour and place of the hearing.
4. Upon receipt of the boundary change impact statement the clerk shall also mail notice, as provided in paragraph 3 of this subsection, to the chairman of the board of supervisors of the county in which the district is located. The chairman of the board of supervisors shall order a review of the proposed change and may submit written comments to the governing body of the district within ten days of receipt of the notice.
5. At the hearing called pursuant to paragraph 2 of this subsection, the governing body shall consider the comments of the board of supervisors, hear those who appear for and against the proposed change and determine whether the proposed change will promote the public health, comfort, convenience, necessity or welfare. If the governing body determines that the public health, comfort, convenience, necessity or welfare will be promoted, it shall approve the impact statement and authorize the persons proposing the change to circulate petitions as provided in this subsection. The order of the governing body shall be final, but if the request to circulate petitions is denied, a subsequent request for a similar change may be refiled with the governing body after six months from the date of such denial.
6. A person aggrieved by a decision of the governing body under this section may appeal to the board of supervisors of the county in which the district, or a majority of the district, is located, and a person aggrieved by a decision of the board of supervisors may appeal to the superior court in the county in the manner prescribed by title 12, chapter 7, article 6 and by posting a bond equal to the probable costs conditioned that the appellant will prosecute his appeal and will pay all costs that accrue in the court if a judgment is rendered affirming the decision of the board of supervisors. The court shall require the district governing body to pay all costs that accrue in the court, including reasonable attorney fees, and the bond shall be returned to the appellant, if a judgment is rendered in favor of the appellant.
7. After receiving the approval of the governing body as provided in paragraph 5 of this subsection and provided no appeal filed pursuant to paragraph 6 of this subsection remains unresolved, the person proposing the change may circulate and present petitions to the governing body of the district.
8. The petitions presented pursuant to paragraph 7 of this subsection shall:
(a) At all times, contain a description of the boundaries of the area to be included within the proposed change and a detailed, accurate map of the area included within the proposed change. No alteration of the described area shall be made after receiving the approval of the governing body as provided in paragraph 5 of this subsection.
(b) Be signed by more than one-half of the property owners within the boundaries of the proposed change.
(c) Be signed by persons owning collectively more than one-half of the assessed valuation of the property within the boundaries of the proposed change.
(d) Be signed by more than one-half of the qualified electors within the boundaries of the proposed change.
9. On receipt of the petitions, the governing body shall set a day, not fewer than ten nor more than thirty days from that date, for a hearing on the request.
10. Prior to the hearing called pursuant to paragraph 9 of this subsection, the board of supervisors shall determine the validity of the petitions presented.
11. At the hearing called pursuant to paragraph 9 of this subsection, the governing body shall, if the petitions are valid, order the change to the boundaries. The governing body shall enter its order setting forth its determination in the minutes of the meeting, not later than ten days from the day of the hearing, and a copy of the order shall be SENT TO THE OFFICER IN CHARGE OF ELECTIONS AND A COPY SHALL BE recorded in the county recorder's office. The order of the governing body shall be final, and the proposed change shall be made to the district boundaries thirty days after the governing body votes. An appeal of the order to change the boundaries to the board of supervisors pursuant to paragraph 6 of this subsection must be filed with the board of supervisors during such thirty day period.
B. For the purpose of determining the validity of the petitions presented pursuant to subsection A, paragraph 7 of this section:
1. Qualified electors shall be those persons qualified to vote pursuant to title 16.
2. For the purposes of fulfilling the requirements of subsection A, paragraph 8, subdivisions (b) and (c) of this section, property held in joint tenancy shall be treated as if it had only one property owner, so that the signature of only one of the owners of property held in joint tenancy is required on the boundary change petition.
3. The value of property shall be determined as follows:
(a) In the case of property assessed by the county assessor, values shall be the same as those shown on the last assessment roll of the county containing such property.
(b) In the case of property valued by the department of revenue, the values shall be those determined by the department in the manner provided by law, for municipal assessment purposes. The county assessor and the department of revenue, respectively, shall furnish to the governing body, within twenty days after such a request, a statement in writing showing the owner, the address of each owner and the appraisal or assessment value of properties contained within the area of a proposed change as described in subsection A of this section.
C. If the change in the boundaries proposed pursuant to subsection A of this section would result in a withdrawal of territory from an existing district, the petitions shall be approved by the governing body only if the proposed withdrawal would not result in a noncontiguous portion of the district that is less than one square mile in size.
D. If the impact statement described in subsection A of this section relates to the withdrawal of property from a district, in addition to the other requirements of subsection A of this section, the governing body shall also determine:
1. If the district has any existing outstanding bonds or other evidences of indebtedness.
2. If those bonds were authorized by an election and issued during the time the property to be withdrawn was lawfully included within the district.
E. If the conditions of subsection D of this section are met:
1. The property withdrawn from the district shall remain subject to taxes, special assessments or fees levied or collected to meet the contracts and covenants of the bonds. The board of supervisors shall provide for the levy and collection of such taxes, special assessments or fees.
2. The governing body shall:
(a) Annually determine the amount of special property taxes, special assessments or fees that must be levied and collected from property withdrawn from the district and the mechanism by which such amount is to be collected.
(b) Notify the board of supervisors on or before the third Monday in July of the amount determined in subdivision (a) of this paragraph.
3. Property withdrawn from an existing district shall not be subject to any further taxes, special assessments or fees arising from the indebtedness of such district except as provided in this subsection.
F. If the statement described in subsection A, paragraph 1 of this section requests the annexation of property located within an incorporated city or town, in addition to the other requirements of subsection A of this section, the governing body shall approve the district boundary change impact statement and authorize the circulation of petitions only if the governing body of the city or town has by ordinance or resolution endorsed such annexation and such annexation is authorized pursuant to this title.
G. Except as provided in subsection C of this section and section 48-2002, no change in the boundaries of a district pursuant to this section shall result in a district which contains area that is not contiguous.
H. Notwithstanding subsection A of this section, any property owner whose land is within a county that contains a sanitary district or fire district and whose land is adjacent to the boundaries of the sanitary district or fire district may request in writing that the governing body of the district amend the district boundaries to include that property owner's land. If the governing body determines that the inclusion of that property will benefit the district and the property owner, the boundary change may be made by order of the governing body and is final on the recording of the governing body's order that includes a description of the property that is added to the district. A petition and impact statement are not required for an amendment to a sanitary district's or fire district's boundaries made pursuant to this subsection.
I. For purposes of this section:
1. "Assessed valuation" does not include the assessed valuation of property that is owned by a county.
2. "Property owner" does not include a county.