CHAPTER XII. NOMINATION AND ELECTION OF OFFICERS1

1 Mode of nomination of elective officers.

(a)    The mode of nomination of elective officers of the City to be voted for at any municipal election shall be as follows, and not otherwise:

(b)    The name of a candidate shall be printed upon the ballot when a petition of nomination shall have been filed in his behalf in the manner and form established by ordinance.

(c)    The petition of nomination shall consist of a printed or written statement or certificate, substantially complying with the form thereof established by ordinance.

(d)    The nomination petition for Mayor shall be signed by qualified electors in the City of Phoenix from the City at large. The nomination petition for any Member of the eight Council seats shall only be signed by qualified electors who reside within the district that said Councilman seeks to be nominated from.

(Election of 11-9-1971; election of 12-1-1982)

Editor’s noteThe initiative petition indicates amendment of ch. XIII, § 1. However, the body of the text shows that ch. XII, § 1, is to be amended by adding subsection D. Placement of the additional subsection has been made in ch. XII, § 1.

2 Number of signatures required on petition; time when petition to be filed; duty of City Clerk to endorse petitions.

A.    Nomination petitions for the office of Mayor shall be in the form prescribed by law and shall contain the signatures of not less than 1,500 qualified electors of the City.

B.    Nomination petitions for the office of Council Member shall be in the form prescribed by law and shall contain the signatures of not less than 200 qualified electors of the City residing within the district that the candidate seeks to be nominated from.

C.    Nomination petitions for City elective offices may be presented to the City Clerk not earlier than one hundred twenty (120) days nor later than ninety (90) days before the date set for the Mayor and Council Election. The City Clerk shall endorse on each petition or petitions the date when the same was received by him. Signatures on nominating petitions dated more than one hundred eighty (180) days prior to the date set for the Mayor and Council Election shall not be valid.

(Election of 11-5-1985; election of 9-11-2007, § 1)

3 Filing of nominating petition; acceptance by candidate nominated; determination by City Clerk of sufficiency; supplemental petitions; procedure to be followed when petitions found sufficient; procedure to be followed when petition found insufficient.

All separate petitions comprising a nominating petition for a candidate shall be assembled and filed with the City Clerk as one instrument. No nominating petition shall be accepted by the City Clerk unless accompanied by a signed acceptance of the nomination by the candidate therein nominated. The City Clerk upon filing with him of a nominating petition shall by specific count determine whether or not such petition is signed by the requisite number of qualified electors. Within ten (10) days after filing of each such petition with the City Clerk, he shall attach his certificate thereto showing the result of his examination. If, by the City Clerk’s certificate, it shall appear that the petition has not been signed by the requisite number of qualified electors, it may be supplemented by filing a supplemental petition at any time prior to ninety (90) days before the Mayor and Council Election. The City Clerk shall, within ten (10) days after the filing of each such supplemental petition, make like examination of the supplemental petition, and shall certify as to the result of the examination, but no further supplement shall be allowed; and provided, further, that no supplement to such petition shall be allowed after the expiration of the time for filing nominating petitions as set forth in Section 2 of this Chapter XII. If the petition, either as originally filed or as supplemented, shall be found to be sufficiently signed as herein provided, the same shall be filed by the City Clerk and when filed shall not be withdrawn or supplemented. If the petition, either as originally filed or as supplemented, is insufficient, then the City Clerk shall make and retain a photocopy of the petition and shall then return the petition to the person who filed it or to the candidate named therein.

(Election of 11-5-1985; election of 9-11-2007, § 1)

4 Withdrawal of names from nomination.

Any person whose name has been presented under the foregoing sections, or in the manner provided for nomination hereinafter, may, not later than seventy-five (75) days before the day of election, cause his or her name to be withdrawn from nomination by filing with the City Clerk a request therefor in writing, and no name so withdrawn shall be printed on the ballot. If upon such withdrawal, or by the death or other disqualification of any person for the nomination of whom a petition has been filed, no candidate remains on the ballot, then other nominations may be made by filing petitions therefor not later than sixty (60) days prior to such election, but no supplement to any such petition shall be allowed.

(Election of 11-5-1985; election of 9-11-2007, § 1)

5 Petitions not to be withdrawn or changed after filing.

When a petition of nomination shall have been filed by the City Clerk it shall not be withdrawn or added to and no signatures shall be revoked thereafter.

6 City Clerk to preserve petitions.

The City Clerk shall preserve in his office all sufficient petitions of nomination and photocopies of all insufficient petitions of nomination and all certificates thereto filed under this Chapter [Charter] until the expiration of the term of office for which the petition was filed.

(Election of 9-11-2007, § 1)

7 List of candidates.

Not later than ten days after the deadline for filing petitions, the City Clerk shall enter the names of the candidates for whom petitions have been filed as hereinafter provided, except candidates who have withdrawn or died or are otherwise disqualified, in a list with the offices to be filled, and shall, not later than twenty-five days before the election certify such list as being the list of candidates as required by the Charter of the City of Phoenix; and the Council shall cause said certified list of names and the office to be filled, designating whether for a full term or for an unexpired term, to be published in the proclamation calling the election for the period and in the manner now or as may hereafter be provided by law or by ordinance of the City for the publishing of such election proclamation.

(Election of 11-9-1971)

8 Form of ballots.

The City Clerk shall cause the ballots to be printed, bound and numbered as hereinafter provided for the printing, binding and numbering of ballots to be used in municipal elections or as the same may hereafter be provided by ordinance; said ballot shall contain the list of names and the respective offices, in compliance with the form thereof established by ordinance.

(Election of 11-5-1985)

9 General requirements for ballots; arrangement of names not to reveal source of candidacy or support of candidates.

The ballot shall in all respects comply with the provisions of law respecting ballots to be used at general, county or state elections, so far as applicable. A space may be provided at the top of the ballot for charter amendments or other questions to be voted upon at the municipal elections, as provided for under this Charter. The names of the candidates for each office shall be arranged as provided by law and nothing on the ballot shall be indicative of the source of the candidacy or of the support of any candidate.

(Election of 11-9-1971)

10 Placing names of candidates on ballots.

The name of each candidate who has been duly and regularly nominated, except candidates who have withdrawn or died or are otherwise disqualified, shall be placed upon a ballot.

(Election of 11-9-1971)

11 Provisions for write-in votes.

An appropriate space shall be left below the printed names of candidates for each office equal in number to the number to be voted for, wherein the voter may write the name of any person or persons for whom he may wish to vote, provided that if no write-in candidate for an office has been certified within the time provided by law, no space for a write-in candidate shall be required.

(Election of 9-13-2005, Prop. 3, eff. 10-11-2005)

12 Sample ballots.

The provisions of law, as the same exist or as the same may hereafter be amended or changed, relating to the printing and distribution of sample ballots in connection with the Mayor and Council Election, shall apply to all Runoff and special municipal elections.

(Election of 11-5-1985)

13 Recordation of canvass and result; preparation of ballots for runoff election.

After the holding of such Mayor and Council Election it shall be the duty of the City Clerk, after the result thereof shall have been duly declared, to cause the canvass and result of such election to be duly noted in his records, and thereafter and within the time provided by law to cause the necessary ballots to be printed and distributed for use at the Runoff Election hereinafter referred to. The names of only such candidates who were not elected at such Mayor and Council Election, as hereinafter provided, shall, if proper and necessary, be printed on the ballots to be used in Runoff election.

(Election of 11-5-1985)

14 [Reserved.]

Editor’s noteSection 14 was repealed at the election of November 5, 1985.

15 Majority vote to elect.

A.    Every voter shall be entitled to vote for one candidate for office of Mayor and to vote for one candidate for the office of City Council Member from that voter’s Council District.

B.    Any candidate who at said Mayor and Council Election shall receive a majority of all the votes cast for that office at such election shall be elected to such office.

(Election of 11-5-1985)

16 Runoff election.

A.    If under the provisions of Section 15 the office of Mayor remains unfilled after the Mayor and Council Election, a Runoff Election shall be held later to fill the office. In the Runoff Election there shall be printed on the ballot the names of two candidates for the office. The names shall be those of the two unelected candidates polling the greatest numbers of votes in the Mayor and Council Election. The candidate who shall receive the highest number of votes at such Runoff Election shall be declared elected to the office of Mayor.

B.    If under the provisions of Section 15 the office of Council Member in any Council District remains unfilled after the Mayor and Council Election, a Runoff Election shall be held in each such Council District later to fill such offices. In the Runoff Election there shall be printed on the ballot in each district in which a Council Office remains unfilled the names of two candidates for the office; the names shall be those of the two unelected candidates polling the greatest numbers of votes in the Mayor and Council Election. In the Runoff Election, the candidate polling the greatest number of votes shall be declared elected.

C.    All ties in either election shall be decided by lot in the presence of the candidates concerned and under the direction of the election authorities.

(Election of 11-5-1985)

17 [Reserved.]

Editor’s noteSection 17 was repealed at the election of November 13, 1973.

18 Gender of words.

Words used in the masculine gender in this Charter include the feminine.


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State Law referenceElections generally, A.R.S. § 16-101 et seq.