Chapter 2.10
COUNCIL ELECTION
Sections:
2.10.010 Primary election.
2.10.020 Nonpolitical ballot.
2.10.030 General election nomination.
2.10.040 Election to office.
2.10.050 Candidate financial disclosure.
2.10.060 Automatic recount.
2.10.070 Eligibility for office.
2.10.080 Initiative and referendum.
Prior legislation: Ord. 1994-02.
2.10.010 Primary election.
Any candidate who shall receive at the primary election a majority of all the votes cast shall be declared to be elected to the office for which he or she is a candidate effective as of the date of the general election, and no further election shall be held as to said candidate; provided, that if more candidates receive a majority of the votes than there are offices to be filled, then those equal in number to the offices to be filled receiving the highest number of votes shall be declared elected. [Ord. 1995-10; prior code § 2-3-1.]
2.10.020 Nonpolitical ballot.
Nothing on the ballot in any election shall be indicative of the support or political party affiliation of any candidate. [Ord. 1995-10; prior code § 2-3-2.]
2.10.030 General election nomination.
If, at any primary election held as above provided, there is any office for which no candidate is elected, then as to such office said election shall be considered to be a primary election for nomination of candidates for such office, and the second or general municipal election shall be held to vote for candidates to fill such office. Candidates to be placed on the ballot at such second or general municipal election shall be those not elected at such first election, shall be equal in number to twice the number to be elected to any given office or less than that number if there be less than that number named on the primary election ballot, and persons who receive the highest number of votes for the respective offices at such first election shall be the only candidates at such second election; provided, that if there be any person who, under the provisions of this chapter, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving an equal number of votes shall likewise become candidates for such office. [Ord. 1995-10; prior code § 2-3-3.]
2.10.040 Election to office.
The candidates equal in number to the persons to be elected who receive the highest number of votes shall be declared elected. [Ord. 1995-10; prior code § 2-3-4.]
2.10.050 Candidate financial disclosure.
Each candidate for the office of council member shall file a financial disclosure statement on a form prescribed by the clerk when such candidate files a nomination paper. The statement shall contain such information as required by state law and resolution of the council. [Ord. 1995-10; prior code § 2-3-5.]
2.10.060 Automatic recount.
A. When the canvass of returns in a special, primary or general town election shows that the margin between the successful candidate receiving the least number of votes and the unsuccessful candidate receiving the greatest number of votes for council, or the margin between the number of votes cast for and against initiated or referred measures, does not exceed five votes, a recount of the vote upon such candidates, measures or proposals shall be required.
B. When the canvass shows that a recount is required, the council shall forthwith certify the facts requiring a recount to the Pima County superior court.
C. Upon the court announcing the results of the election recount and entering an order setting forth its determination as required under ARS 16-665, the town clerk shall forthwith deliver to the candidate entitled thereto, as certified by the court, the certificate of election. [Ord. 1995-10; prior code § 2-3-6.]
2.10.070 Eligibility for office.
A person shall not be a member of the town council unless, at the time of election, the person is 18 years old or older, is a qualified elector residing within the town at the time of election, and has resided in the town for one year next preceding the election or, if an area has been annexed to the city or town for a period of less than one year next preceding the election, has resided in such area for one year next preceding the election.
If an annexed area is subject to the provisions of this subsection, a person may meet the residency requirements if he has resided within the existing limits of the town for a one-year period. [Ord. 1995-10; prior code § 2-3-7.]
2.10.080 Initiative and referendum.
A. There is reserved to the qualified electors of the town the power of the initiative and the referendum as prescribed by the state constitution and state law. Any initiative or referendum matter may be voted on at the next ensuing primary or general election, or at a special election called by the town council.
B. Number of Signatures.
1. For initiative measures, the total number of town-registered voters shall be the basis for computing the number of qualified electors of the town required to sign the petition.
2. For referendum measures, the basis for computing the number of qualified electors of the town required to sign the petition shall be as determined by state law.
C. Time of Filing.
1. Initiative petitions shall be filed at least 120 days prior to the election at which they are to be voted upon.
2. Referendum petitions shall be filed within 30 days of the adoption of the ordinance or resolution to be referred. If the town clerk is unable to provide petitioners with a copy of the ordinance or resolution at the time of application for an official number or on the same business day of the application, the 30-day period shall be calculated from the date such ordinance or resolution is available.
D. The following procedures relating to sample ballots and publicity pamphlets are hereby adopted for conducting elections at which an initiative or referendum is to be voted upon:
1. A publicity pamphlet, containing the entire text of the official ballot, shall be mailed by the town clerk to each household within the town in which a registered voter resides, not less than 10 days prior to the election to which the sample ballot pertains.
2. The pamphlet shall contain the proposition as it will appear on the ballot together with a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition followed by any arguments opposing the proposition.
3. Arguments supporting and opposing propositions appearing on the ballot shall be filed with the office of the town clerk by 5:00 p.m. not less than 90 days prior to the election at which the propositions are to be voted upon. Arguments supporting or opposing propositions appearing on the ballot shall meet the following requirements:
a. Arguments must relate to propositions proposed by initiative or referendum or proposed ordinances submitted by the council.
b. Arguments must identify the proposition to which they refer and indicate whether the argument is in support of or opposition to the proposition.
c. Arguments may not exceed 300 words in length.
d. Arguments must contain the original notarized signature of the person or persons who submit them. Arguments submitted by organizations shall contain the notarized signature of two executive officers of the organization or if sponsored by a political committee they shall contain the notarized signature of the committee’s chairman or treasurer. All persons signing documents shall indicate their residence or post office address, which shall not be printed in the publicity pamphlet.
e. No person or organization shall submit more than one argument for each proposition to be voted upon.
f. Each argument shall be accompanied by a deposit in the amount as set forth in Chapter 3.10 STC to offset a portion of the proportionate costs of the paper and printing of the argument. This requirement shall not be waived on any account. If the person filing an argument requests that the argument appear in connection with more than one proposition, a deposit shall be made for each placement requested. [Ord. 2009-17 § 1; Ord. 2006-08 § 1.]