Arizona 2024 2024 Regular Session

Arizona House Bill HB2080 Comm Sub / Analysis

Filed 04/03/2024

                      	HB 2080 
Initials JH 	Page 1 	Transmitted to the Governor 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House: MOE DP 8-1-0-0 | 3
rd
 Read: 34-24-1-0-1 
Senate: ELEC DP 5-3-0-0 | 3
rd
 Read: 16-14-0-0 
 
HB 2080: elections; municipal vacancies; primary 
Sponsor: Representative Hendrix, LD 14 
Transmitted to the Governor 
Overview 
Allows a municipality to authorize a candidate who receives the majority of all votes cast at 
the primary election for a mayor or council seat in which the serving member is appointed, 
to complete the remainder of the appointed member's existing term of office and establishes 
related procedures.   
History 
Elections for mayor and council take place during a primary election. To be declared elected, 
a candidate must receive the majority of all votes cast at that election. The majority of all 
votes cast is determined by calculating the total number of votes cast for all candidates for an 
office divided by the number of seats to be filled; this number is then divided by two and 
rounded to the highest whole number. If no candidate receives the majority of votes cast, or 
if the number of seats to be filled is more than the number of candidates who receive a 
majority of votes cast, the number of candidates who advance to the general or runoff election 
is equal to twice the number of seats to be filled for the office (A.R.S. § 9-821.01). 
Provisions 
1. Specifies that if the person serving as mayor or councilmember holds that office by 
appointment at the time of the primary election:  
a) A candidate, for the remainder of that term in office, who receives the majority of all 
votes cast at the primary election must be declared elected after the canvass, 
certification of election results and on taking the oath of office; and  
b) A candidate for a new term of office who receives a majority of all votes cast at the 
primary election, must be declared elected to the new term of office, effective after the 
canvass, certification of election results and on taking the oath of office. (Sec. 1, 2). 
2. Clarifies that a candidate for a new term of office, who receives the majority of all votes 
cast at the primary election, may be seated to complete the remainder of an appointed 
member's existing term. (Sec. 2) 
3. Requires, if more than one candidate receives the majority of all votes cast at the primary 
election for an office that is being served by a person who is appointed, that the order of 
seating the candidates must be determined by the highest number of votes. (Sec. 2) 
4. Makes technical and conforming changes. (Sec. 2) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note