------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: fire districts; elections ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ ------------------------------------------------------------------------------------------ ¦ HB 2260 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representative Marsh, Senators Guenther, Brown, Bennett: Representatives Flake, Hatch- ¦ ¦ Miller, Senator Verkamp ¦ ------------------------------------------------------------------------------------------
AN ACT
AMENDING SECTION 48-802, ARIZONA REVISED STATUTES; RELATING TO FIRE DISTRICTS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-802, Arizona Revised Statutes, is amended to read:
48-802. Election procedures
A. All elections held pursuant to this article shall conform to the requirements of this section.
B. Except as otherwise provided in this article, the manner of conducting and voting at an election, contesting an election, keeping poll lists, canvassing votes and certifying returns shall be the same, as nearly as practicable, as in elections for county officers. If the fire district is administered by a board, after consultation with the officer in charge of elections, a fire district may divide itself into precincts. To the extent practicable, the precincts shall be equal or as nearly equal in population and shall conform to the boundaries of precincts adopted by the board of supervisors of the county. The fire district shall thereafter conduct its elections using those precincts.
C. No person may vote at the election other than a qualified elector of this state who has registered to vote at least twenty-nine days before the election at a residence within the district boundaries or proposed district boundaries created by the merger of fire districts. A person offering to vote at a fire district election for which no fire district register has been supplied shall sign an affidavit stating his address and the fire district in which he resides and swearing he is qualified to vote and has not voted at the fire district election being held. A person offering to vote at a fire district election for which a fire district register has been supplied shall proceed as required for voting at any election at which precinct registers are used.
D. In elections for an elected chief and secretary-treasurer or district board members:
1. The person or persons within the district or precinct, as applicable, receiving the highest number of votes shall be declared elected.
2. Candidates must be, and during incumbency must remain, qualified electors of the fire district, or in an election to merge fire districts, the proposed fire district. In a fire district that is divided into precincts as prescribed by subsection B of this section, candidates shall be qualified electors of the precinct in which they are candidates and during incumbency must remain qualified electors of that precinct.
3. Elections, other than special elections to fill a vacancy or elections to merge or dissolve fire districts, shall be held on the first Tuesday after the first Monday in November of the first even numbered year following the year the district is declared organized by the board of supervisors and, in the case of a fire district administered by a district board, every two years thereafter on the first Tuesday after the first Monday in November. Elections shall be held every four years thereafter in districts administered by an elected chief.
4. Except for an election to reorganize a fire district, nominating petitions shall be filed with the board of supervisors as prescribed by title 16, chapter 3. IF ONLY ONE PERSON FILES A NOMINATING PETITION FOR AN ELECTION TO FILL A POSITION ON THE BOARD OF DIRECTORS FOR WHICH THE TERM OF OFFICE IS TO EXPIRE, THE BOARD OF DIRECTORS MAY CANCEL THE ELECTION FOR THAT POSITION AND APPOINT THE PERSON WHO FILED A NOMINATING PETITION TO FILL THE POSITION.
5. The names of all nominated persons for office within the district or precinct, as applicable, shall appear on the ballot without partisan designation.
E. In an election to reorganize or dissolve a fire district, notice of the appropriate order of the board of supervisors or governing body of the district shall be given as prescribed by title 16. An order to hold an election shall be issued not more than thirty days from the receipt of petitions pursuant to section 48-815.
F. In an election to merge fire districts, notice of the appropriate order of the board of supervisors shall be given as prescribed by title 16. In addition, notice of the election with an accurate map of the territory proposed to be merged shall be sent by first class mail to each owner of property that would be subject to taxation by the merged district at least sixty days before the election. An order to hold an election shall be issued not more than thirty days after the receipt of petitions to merge fire districts pursuant to section 48-820.