Arizona 2024 Regular Session

Arizona Senate Bill SB1261 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: school districts; mail elections; prohibition State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1261 Introduced by Senators Rogers: Farnsworth, Shamp An Act amending sections 16-204 and 16-409, Arizona Revised Statutes; relating to school district elections. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: school districts; mail elections; prohibition
10	10	State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
11	11	SB 1261
12	12	Introduced by Senators Rogers: Farnsworth, Shamp
13	13
14	14	REFERENCE TITLE: school districts; mail elections; prohibition
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	Senate
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	Second Regular Session
31	31
32	32	2024
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	SB 1261
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Senators Rogers: Farnsworth, Shamp
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending sections 16-204 and 16-409, Arizona Revised Statutes; relating to school district elections.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 16-204, Arizona Revised Statutes, is amended to read: START_STATUTE16-204. Declaration of statewide concern; consolidated election dates; definition A. The legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary. B. For elections held before 2014 and notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an election held for or on behalf of a county, city or town, a school district, a community college district or special districts organized pursuant to title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following dates: 1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections, including recall elections and special elections to fill vacancies, shall be held on: (a) The second Tuesday in March. (b) The third Tuesday in May. (c) The tenth Tuesday before the first Tuesday after the first Monday in November. (d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48. 2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on: (a) The tenth Tuesday before the first Tuesday after the first Monday in November. (b) The first Tuesday after the first Monday in November. C. For elections held before 2014, for any city or town, including a charter city, that holds its regularly scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2 of this section, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election. D. Subsections B and C of this section do not apply to an election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII, section 2 or 3 or article XII, section 5, Constitution of Arizona. E. Beginning with elections held in 2014 and later and notwithstanding any other law or any charter or ordinance to the contrary, a candidate election held for or on behalf of any political subdivision of this state other than a special election to fill a vacancy or a recall election may only be held on the following dates and only in even-numbered years: 1. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November. Beginning in 2020 and later, the election shall be held on The first Tuesday in August. If the political subdivision holds a primary or first election and a general or runoff election is either required or optional for that political subdivision, the first election shall be held on this date, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term. 2. The first Tuesday after the first Monday in November. If the political subdivision holds a general election or a runoff election, the second election held shall be held on this date. If the political subdivision holds only a single election and no preliminary or primary or other election is ever held for the purpose of reducing the number of candidates, or receiving a partisan nomination or designation or for any other purpose for that political subdivision, the single election shall be held on this date. F. Beginning with elections held in 2014 and later that are not candidate elections, an election held for or on behalf of any political subdivision of this state, and including a special election to fill a vacancy or a recall election, may only be held on the following dates: 1. The second Tuesday in March. 2. The third Tuesday in May. 3. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November. Beginning in 2020 and later, the election shall be held on The first Tuesday in August. 4. The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48. Notwithstanding any other law, an election must be held on the date specified in this paragraph and only in even-numbered years for the approval of or authorizing the assessment of transaction privilege taxes by a county, city or town. G. Notwithstanding any other law, for an election administered by a county recorder or other officer in charge of elections on behalf of a city, or town or school district and that is an all mail ballot election for that city, or town or school district, the county recorder or other officer in charge of elections may use a unified ballot format that combines all of the issues applicable to the voters in the city, or town or school district requesting the all mail ballot election. H. For the purposes of this section, "political subdivision" means any governmental entity operating under the authority of this state and governed by an elected body, including a city, town, county, school district or community college district or any other district organized under state law but not including a special taxing district. END_STATUTE Sec. 2. Section 16-409, Arizona Revised Statutes, is amended to read: START_STATUTE16-409. Certain cities and towns; mail ballot elections; report A. Notwithstanding section 16-558, a city, or town or school district may conduct a mail ballot election. A mail ballot election shall be conducted as otherwise prescribed by article 8.1 of this chapter. B. Cities, or towns or school districts that conduct mail ballot elections pursuant to subsection A of this section shall report to the president of the senate and the speaker of the house of representatives by January 1 of each year immediately following a mail ballot election. The report shall include the following: 1. Changes in voter turnout. 2. Relative costs of mail ballot elections compared to traditional elections. 3. Suggestions for improvements or refinements in the mail ballot program. 4. Frequency and severity of mail ballot irregularities. 5. Voter satisfaction with the election process. 6. Number of nondeliverable ballots. END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Section 16-204, Arizona Revised Statutes, is amended to read:
83	83
84	84	START_STATUTE16-204. Declaration of statewide concern; consolidated election dates; definition
85	85
86	86	A. The legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary.
87	87
88	88	B. For elections held before 2014 and notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an election held for or on behalf of a county, city or town, a school district, a community college district or special districts organized pursuant to title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following dates:
89	89
90	90	1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections, including recall elections and special elections to fill vacancies, shall be held on:
91	91
92	92	(a) The second Tuesday in March.
93	93
94	94	(b) The third Tuesday in May.
95	95
96	96	(c) The tenth Tuesday before the first Tuesday after the first Monday in November.
97	97
98	98	(d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.
99	99
100	100	2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on:
101	101
102	102	(a) The tenth Tuesday before the first Tuesday after the first Monday in November.
103	103
104	104	(b) The first Tuesday after the first Monday in November.
105	105
106	106	C. For elections held before 2014, for any city or town, including a charter city, that holds its regularly scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2 of this section, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election.
107	107
108	108	D. Subsections B and C of this section do not apply to an election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII, section 2 or 3 or article XII, section 5, Constitution of Arizona.
109	109
110	110	E. Beginning with elections held in 2014 and later and notwithstanding any other law or any charter or ordinance to the contrary, a candidate election held for or on behalf of any political subdivision of this state other than a special election to fill a vacancy or a recall election may only be held on the following dates and only in even-numbered years:
111	111
112	112	1. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November. Beginning in 2020 and later, the election shall be held on The first Tuesday in August. If the political subdivision holds a primary or first election and a general or runoff election is either required or optional for that political subdivision, the first election shall be held on this date, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term.
113	113
114	114	2. The first Tuesday after the first Monday in November. If the political subdivision holds a general election or a runoff election, the second election held shall be held on this date. If the political subdivision holds only a single election and no preliminary or primary or other election is ever held for the purpose of reducing the number of candidates, or receiving a partisan nomination or designation or for any other purpose for that political subdivision, the single election shall be held on this date.
115	115
116	116	F. Beginning with elections held in 2014 and later that are not candidate elections, an election held for or on behalf of any political subdivision of this state, and including a special election to fill a vacancy or a recall election, may only be held on the following dates:
117	117
118	118	1. The second Tuesday in March.
119	119
120	120	2. The third Tuesday in May.
121	121
122	122	3. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November. Beginning in 2020 and later, the election shall be held on The first Tuesday in August.
123	123
124	124	4. The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48. Notwithstanding any other law, an election must be held on the date specified in this paragraph and only in even-numbered years for the approval of or authorizing the assessment of transaction privilege taxes by a county, city or town.
125	125
126	126	G. Notwithstanding any other law, for an election administered by a county recorder or other officer in charge of elections on behalf of a city, or town or school district and that is an all mail ballot election for that city, or town or school district, the county recorder or other officer in charge of elections may use a unified ballot format that combines all of the issues applicable to the voters in the city, or town or school district requesting the all mail ballot election.
127	127
128	128	H. For the purposes of this section, "political subdivision" means any governmental entity operating under the authority of this state and governed by an elected body, including a city, town, county, school district or community college district or any other district organized under state law but not including a special taxing district. END_STATUTE
129	129
130	130	Sec. 2. Section 16-409, Arizona Revised Statutes, is amended to read:
131	131
132	132	START_STATUTE16-409. Certain cities and towns; mail ballot elections; report
133	133
134	134	A. Notwithstanding section 16-558, a city, or town or school district may conduct a mail ballot election. A mail ballot election shall be conducted as otherwise prescribed by article 8.1 of this chapter.
135	135
136	136	B. Cities, or towns or school districts that conduct mail ballot elections pursuant to subsection A of this section shall report to the president of the senate and the speaker of the house of representatives by January 1 of each year immediately following a mail ballot election. The report shall include the following:
137	137
138	138	1. Changes in voter turnout.
139	139
140	140	2. Relative costs of mail ballot elections compared to traditional elections.
141	141
142	142	3. Suggestions for improvements or refinements in the mail ballot program.
143	143
144	144	4. Frequency and severity of mail ballot irregularities.
145	145
146	146	5. Voter satisfaction with the election process.
147	147
148	148	6. Number of nondeliverable ballots. END_STATUTE