Chapter 12 ELECTIONS*
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Editor's note: As set out in the 1969 Code, ch. 12 consisted of chapters I– VIII. For purposes of conformity, as part of the 2001 Republication, the provisions of ch. 12 were redesignated as follows: ch. I was redesignated as art. I; ch. II, arts. I– VI, were redesignated as art. II, divs. 1– 6; ch. III was redesignated as art. III; ch. IV was redesignated as art. IV; ch. V, arts. I– III, were redesignated as art. V, divs. 1– 3; ch. VI, arts. I and II, were redesignated as art. VI, divs. 1 and 2; ch. VII was redesignated as art. 7; and ch. VIII was redesignated as art. VIII. References in the text to such provisions have been changed to reflect the redesignation.
Charter references: Nomination and election of officers, ch. XII; elections generally, ch. XIII; special elections, ch. XIV.
Cross references: Administration, ch. 2; City Council, § 2-46 et seq.
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Article I. Registration of Voters
Sec. 12-100. Election Registrar.
Sec. 12-102. Qualifications of electors.
Sec. 12-104. Change of residence from one address to another.
Sec. 12-106. Closing registration.
Sec. 12-108. Precinct registers– Compilation; contents.
Sec. 12-110. Precinct registers– Disposition.
Sec. 12-112. Precinct register use.
Sec. 12-114. Elector listed.
Sec. 12-116. Signature rosters.
Sec. 12-118. Penalty.
Article II. Conduct of Elections
Division 1. General Provisions
Sec. 12-200. Proclamation of election.
Sec. 12-201. Notice of election.
Sec. 12-202. Privilege from arrest.
Sec. 12-204. Fee for registration or for certificate.
Sec. 12-205. Authorized voting systems.
Sec. 12-206. Instruction and assistance to voters.
Sec. 12-208. Instructions for voters and election officers; form; preparation and distribution.
Sec. 12-209. Right to vote a provisional ballot; notice; verification of identification.
Sec. 12-210. Qualified elector not on precinct register; Recorder certificate; provisional ballots; procedure.
Sec. 12-212. Notice to voters; form.
Sec. 12-214. Manner of voting.
Sec. 12-216. Clerk to keep list of persons voting.
Sec. 12-218. Candidates' representatives– Challengers.
Sec. 12-220. Use of County registration rolls.
Sec. 12-222. Rules of residence.
Sec. 12-224. Computing term of residence.
Sec. 12-226. Grounds for challenging voter.
Sec. 12-228. Challenging of voters– Procedure.
Sec. 12-230. Reading rules to challenged person.
Sec. 12-232. Challenging of voters– List to be kept.
Sec. 12-234. Soliciting or contributing to campaign funds; membership in political organization.
Sec. 12-236. Influencing vote of City officer or employee.
Sec. 12-238. Reserved.
Sec. 12-240. Advisory polls– Official ballot.
Sec. 12-242. Penalties.
Division 2. Electronic Voting
Sec. 12-300. Specifications of electronic voting system.
Sec. 12-302. State of Arizona Electronic Voting Systems Instructions and Procedures Manual.
Sec. 12-304. Filing of Computer Election Programs with the Secretary of State.
Sec. 12-306. Required testing of equipment and programs; notice.
Sec. 12-308. Write-in votes– Instructions.
Sec. 12-310. Voting devices to remain sealed after election.
Division 3. Paper Ballot
Sec. 12-400. Definition of mark.
Sec. 12-402. Ballots folded together.
Sec. 12-403. Certain ballots not to be counted; overvotes.
Sec. 12-404. Counting the votes.
Sec. 12-406. Form of tally lists.
Sec. 12-408. Board to tally the votes.
Sec. 12-410. Lists to be signed and attested.
Sec. 12-412. Disposition of ballots after count.
Division 4. Ballots and Supplies
Sec. 12-500. Definitions; applicability of general laws.
Sec. 12-502. Supplies to be furnished by Council.
Sec. 12-504. Rotation of names of candidates.
Sec. 12-506. Duty to prepare and provide ballots; cost of printing ballots and instruction card as public expense.
Sec. 12-508. Reserved.
Sec. 12-510. Sample ballot and Publicity Pamphlets.
Sec. 12-512. Official ballots.
Sec. 12-514. Delivery of ballots to precinct Boards.
Sec. 12-516. Substitute ballots.
Division 5. Polling Places
Sec. 12-600. Designation of polling place.
Sec. 12-602. Appointment of Board of Election and Clerks.
Sec. 12-604. Compensation of Boards of Elections and Clerks.
Sec. 12-606. Instruction of election officers; certificate.
Sec. 12-608. Voting hours.
Sec. 12-610. Requirements for voting booths; ballot boxes.
Sec. 12-612. Seventy-five foot limits.
Sec. 12-614. Electioneering prohibited; notice.
Sec. 12-616. Displaying United States Flag at polls.
Sec. 12-618. Authority of Inspector; administering oaths.
Sec. 12-620. Oaths of Board of Election and Clerks.
Sec. 12-622. Only authorized persons to be in polling place during voting hours.
Sec. 12-624. Safeguarding of ballot box.
Sec. 12-626. Disabled persons; inaccessible polling places; definitions; accessible voting locations.
Division 6. Closing the Polls
Sec. 12-700. To be public and without adjournment.
Sec. 12-702. Reserved.
Sec. 12-704. Reserved.
Sec. 12-706. Rejected ballots– Endorsement of Board of Election.
Sec. 12-708. Rejected ballots– Preservation.
Sec. 12-710. Procedure when legality of ballot sustained.
Sec. 12-712. Ballots to be checked against Clerk's list.
Sec. 12-714. Procedure when too many names are found on ballot.
Sec. 12-716. Excess ballots.
Sec. 12-718. Attesting of Clerk's list.
Sec. 12-720. Lists, papers and certificates not to be rejected because of failure of form.
Sec. 12-722. Polling lists– Form.
Sec. 12-724. Delivery of official returns to City Clerk.
Sec. 12-726. Delivery of unofficial returns to City Clerk.
Sec. 12-728. Procedures at the counting center.
Article III. Canvassing of Votes
Sec. 12-800. Reserved.
Sec. 12-802. Canvass of election returns by Council.
Sec. 12-804. Declaration of result.
Sec. 12-806. Certificate of election.
Sec. 12-808. Disposition of official returns.
Article IV. Early Voter Ballot, Mail Ballot Elections
Division 1. Early Voter Ballot
Sec. 12-900. Early voters may vote as provided for in division.
Sec. 12-902. Official early ballot.
Sec. 12-904. Application and delivery of ballot to early voter.
Sec. 12-906. Form of voters' early ballot affidavit.
Sec. 12-908. Marking of ballot; return to City Clerk.
Sec. 12-909. Early voting locations.
Sec. 12-910. City Clerk, duties on receiving early ballots.
Sec. 12-911. Spoiled early ballot.
Sec. 12-912. Early Ballot Board.
Sec. 12-914. Delivery of ballots to the Early Ballot Board for processing.
Sec. 12-916. Early ballots; processing; challenges.
Sec. 12-918. Permanent early voting list; notice.
Division 2. Mail Ballot Elections
Sec. 12-940. Mail ballot elections.
Sec. 12-942. Mail ballot election sites.
Sec. 12-944. Mail ballot receipt by Election Boards.
Article V. Petitions– Nomination, Initiative, Referendum
Division 1. Nomination
Sec. 12-1000. Form of nomination petitions.
Sec. 12-1001. Signing and circulating the petition.
Sec. 12-1002. Reserved.
Sec. 12-1003. Reserved.
Sec. 12-1010. Filing of nomination papers.
Sec. 12-1020. Filing of nomination papers for write-in candidates.
Sec. 12-1030 Nomination for recall elections.
Division 2. Initiative
Sec. 12-1100. Procedure for filing initiative petitions.
Sec. 12-1102. Procedure when insufficient petition is filed.
Sec. 12-1104. Reserved.
Sec. 12-1106. Amendments, additions or alterations.
Sec. 12-1108. Certification by City Clerk.
Division 3. Referendum
Sec. 12-1200. Procedure for filing referendum petitions.
Sec. 12-1202. Procedure when insufficient petition is filed.
Sec. 12-1204. Reserved.
Sec. 12-1206. Amendments, additions or alterations.
Sec. 12-1208. Certification by City Clerk.
Article VI. Campaign Finance/Financial Disclosure
Division 1. Financial Disclosure
Sec. 12-1300. Definitions.
Sec. 12-1302. Duty to file financial disclosure statement; contents, exceptions.
Sec. 12-1304. Duty to file financial disclosure statement by candidate for local office.
Sec. 12-1306. Penalties.
Division 2. Campaign Finance
Sec. 12-1400. State law to govern campaign finance.
Sec. 12-1401. Additional provisions.
Sec. 12-1402. Voluntary contribution/expenditure limitations; affidavit.
Sec. 12-1404. Personal use of campaign funds prohibited.
Article VII. Council Districts
Sec. 12-1500. Council districts, establishment.
Sec. 12-1502. Apportionment.
Sec. 12-1504. District boundaries.
Article VIII. Concurrent Elections
Sec. 12-1600. Consolidation.
Sec. 12-1602. Election Board.
Sec. 12-1604. Authorized personnel and election officers.
Sec. 12-1606. Other applicable laws.
Sec. 12-1608. Canvass.
ARTICLE I.
REGISTRATION OF VOTERS*------------
State law references: Voter registration, A.R.S. § 16-101 et seq.
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Sec. 12-100. Election Registrar.
The office of Election Registrar of the City is hereby created and the City Clerk is hereby constituted ex officio Election Registrar. The City Clerk shall maintain a record of all persons entitled to vote in City elections, compiled from the general County register and known as the "City of Phoenix Register of Voters."
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998)
Sec. 12-102. Qualifications of electors.
(a) Every resident of the City is qualified to become an elector and may register to vote at all elections authorized by law if he:
(1) Is a citizen of the United States;
(2) Will be eighteen years or more of age prior to the regular general election next following his registration;
(3) Will have been a resident of the City of Phoenix twenty-nine days next preceding the election;
(4) Is able to write his name or make his mark, unless prevented from so doing by physical disability;
(5) Has not been convicted of treason or a felony, unless restored to civil rights;
(6) Has not been adjudicated an incapacitated person as defined in A.R.S. § 14-5101.
(b) At an election held between the date of registration and the next regular Mayor and Council election, the elector is eligible to vote if at the date of the intervening election the elector is eighteen years of age and has been a resident of the City of Phoenix twenty-nine days.
(c) For purposes of this chapter, "resident" means an individual who has actual physical presence in the City of Phoenix, combined with an intent to remain. A temporary absence does not result in a loss of residence if the individual has an intent to return following his absence. An individual has only one residence for purposes of this chapter.
(Ord. No. G-3358, § 1; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-104. Change of residence from one address to another.
(a) An elector who within an open registration period preceding a City election removes from the address within Maricopa County at which he is registered to another address within the City and fails to notify the County Recorder of the change of address before the date of an election shall be permitted to correct his voter registration records at the appropriate polling place for his new address as provided in Section 12-210. The elector shall affirm in writing the new residence address and if the elector has resided at the new address for at least twenty-nine days, shall be permitted to vote a "New Residence Provisional Ballot."
(b) A registered elector who removes from one address to another during the twenty-nine day period preceding a City election is deemed to be a registered elector at the address from which he removed and, if the precinct for his new address is not the same as for the address from which he removed, a resident of the precinct from which he removed until the day after the City election, whichever applies.
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004)
Sec. 12-106. Closing registration.
The Election Registrar or deputy shall not list any elector for any City election who has registered with the County Recorder of Maricopa County within twenty-nine days preceding such election, but shall list for the next election thereafter to be held any such electors.
(Ord. No. G-3358, § 1; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004)
Sec. 12-108. Precinct registers– Compilation; contents.
(a) The Election Registrar shall, during the twenty-nine-day period preceding any City election, obtain from the County Recorder the lists of all uncancelled registrations of each precinct in the City prepared from the original affidavits of registration, which shall be used to prepare the official precinct register.
(b) The official precinct register shall contain the names in full, voter identification number, date of registration, residence address and mailing address, if different from the residence address, of each elector in the respective precincts. Such names shall be in alphabetical order and, in a column to the left of the names, such names shall be numbered consecutively beginning with number one in each precinct register.
(c) On or before election day, the City Clerk shall provide to each precinct the names of electors on the inactive voter list. Such names shall be in alphabetical order and, in a column to the left of the names, such names shall be numbered consecutively beginning with number one, preceded by the letter "I", in each precinct.
(d) Upon receipt of any changes, additions or deletions to the precinct registers from the County Recorder, the City Clerk shall update the precinct registers or provide the information to the Election Boards of the affected precincts.
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-110. Precinct registers– Disposition.
All precinct registers shall be preserved for a period of six months following the election to which applicable, after which all copies may be destroyed, but the signature roster shall be preserved for a period of six years.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Sec. 12-112. Precinct register use.
Three copies of the precinct register shall be transmitted to the Election Board of the precinct to which said register is applicable. One copy shall be retained by the City Clerk for verification purposes. The Board of Elections shall use one copy of the precinct register, which shall be known as the "signature roster," for identifying the electors qualified to vote in the precinct, and shall place one copy in a convenient place around the polling place for use by the electors. One copy shall be used by the Clerks of the Election Board to assist in filling the poll lists.
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Sec. 12-114. Elector listed.
An elector shall be permitted to vote if he resides within the corporate limits of the City of Phoenix and his name appears as a qualified elector in both the general County register and in the precinct register or list of the precinct in which he resides or qualifies to vote pursuant to Section 12-104.
(Ord. No. G-3358, § 1)
Sec. 12-116. Signature rosters.
(a) The original copy of the precinct register provided for in Section 12-112, known as the signature roster, shall consist of such number of sheets, horizontally ruled with lines, as will admit of signatures of electors equal to the number of electors in a given precinct. One such roster shall be furnished for each precinct in the City. Before any elector shall be permitted to vote, the elector shall be required to sign the elector's name in such roster, provided that an Inspector or Judge may sign such roster for an elector who is unable to sign because of physical disability and in such case the name of the elector shall be written with red ink and no attestation or other proof shall be necessary.
(b) If a person whose name is not on the signature roster appears at a polling place, an election official shall determine whether the person is on the inactive voter list. If the person is on the inactive voter list, the registrant, on affirmation by the registrant before an election official at the polling place that the registrant continues to reside at the address indicated on the inactive voter list, shall be permitted to vote at that polling place. The elector shall sign the elector's name in the space provided. If the registrant indicates that he lives at a new residence, the election official shall direct the registrant to the polling place for the new address.
(c) The roster shall be bound with suitable covers and shall bear on the outside front cover the title "Signature Roster," and shall identify the district and precinct for which it is to be used, and the words "City of Phoenix, Arizona."
On a page thereof shall appear (printed or typed) a certificate, to be signed by the Inspector, certifying that the signatures, except those in red ink, are true and correct signatures of all electors who voted in the precinct and further certifying that valid proof of identity was received from every elector, or if not, that a provisional ballot was voted due to no identification provided.
(d) The Inspector of elections is charged with the duty of returning the signature roster with the unofficial returns of the election.
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-118. Penalty.
A person who willfully causes or permits himself to be registered as an elector of the City or any precinct, knowing that he is not entitled to such registration, or a person who willfully causes or procures, or attempts to cause or procure, another person to be registered as an elector of the City or any precinct, knowing that such other person is not entitled to such registration or an election official who willfully enters the name of any person not entitled to register upon the registration or roll of electors shall be guilty of a Class 1 misdemeanor.
(Ord. No. G-3358, § 1)
State law references: False registration, A.R.S. § 16-182.
ARTICLE II.
CONDUCT OF ELECTIONSDIVISION 1.
GENERAL PROVISIONS*------------
State law references: Conduct of elections, A.R.S. § 16-400 et seq.
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Sec. 12-200. Proclamation of election.
(a) Before each City election, the Mayor shall issue a proclamation containing a statement of the date and purpose of the election.
(b) For a candidate election, the proclamation shall be issued upon certification of the list of candidates by the City Clerk.
(c) The Mayor shall transmit a copy of the election proclamation to the City Clerk, who shall within ten days after receipt of a copy of the election proclamation publish a copy thereof in one issue of a paper of general circulation throughout the City.
(Ord. No. G-3358, § 1; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-201. Notice of election.
(A) Not less than ninety days prior to any City election, the City Clerk shall publish a notice of election which shall contain at least the following information.
1. The date of the election.
2. The purpose of the election.
3. The latest date to register to vote in the election.
4. The earliest and the latest date to file nomination papers, if applicable.
5. Information on obtaining the location of the voter's polling place.
6. The hours the polls will be open.
(Ord. No. G-4893, § 2, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-202. Privilege from arrest.
Electors shall be privileged from arrest except for an indictable offense during their attendance on the election and in going to and returning from such election.
(Ord. No. G-3358, § 1)
Sec. 12-204. Fee for registration or for certificate.
No fees shall be charged the elector for registration or for a certificate thereof.
(Ord. No. G-3358, § 1)
Sec. 12-205. Authorized voting systems.
Any voting system adopted by the Arizona Secretary of State for use in the State, or a combination of such systems, may be used in any City of Phoenix election, provided that the candidates for each office and the ballot text of each item to be voted upon within each election district shall be the same on all ballots regardless of the ballot format or voting system being used.
(Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997)
State law references: Voting systems, A.R.S. §§ 16-421 et seq., 16-441 et seq.
Sec. 12-206. Instruction and assistance to voters.
The City Clerk shall provide for appropriate instruction of voters prior to an election.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
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Sec. 12-208. Instructions for voters and election officers; form; preparation and distribution.
(a) The City Council shall prepare the following instructions to govern voters and election officials at the election.
Instructions to Voters and Election Officials
(1) On entering the polls, each voter shall give the voter's name in full and place of residence to the Judge having charge of the signature roster. The Judge shall then ascertain whether the name of the voter appears on the precinct register, and if so, the voter shall be required to show one form of acceptable photo identification that bears the voter's name and address or two forms of acceptable non-photo identification that bears the voter's name and address. The voter's name and address contained on the identification must match the name and address on the signature roster. The voter shall then sign the signature roster and proceed to the Judge in charge of the ballots where the voter will be given a ballot. The applicable provisions of state law and the Arizona Secretary of State Election Procedures Manual as constituted and approved by the State of Arizona governing voter identification at polling places shall apply to all City of Phoenix elections.
(2) The voter shall then retire to one of the voting booths which is not occupied and there mark the ballot in the designated area next to the name of the candidate for each office for whom the voter wishes to vote or, in the case of a question or proposition submitted to the vote of the people, the voter shall mark the ballot in the designated area next to the answer which the voter desires to give.
(3) If the voter desires to vote for a person whose name is not printed on the ballot, the voter shall write the name of such person on the blank line immediately below the names of the candidates printed on the ballot for the particular office for which the voter desires to vote and shall also place a mark in the designated area next to the name of such person. For such vote to be counted, the written name must appear on the certified list of write-in candidates.
(4) If the voter is physically unable to mark the ballot, the voter may obtain the assistance of anyone of the voter's choosing or of any two members of the Election Board in marking the ballot. When a voter requests assistance from the Election Board in marking the ballot, two election officials shall accompany the voter to the booth, and there distinctly state to the voter the names of all the candidates for each office, and shall ask the voter for which candidate the voter desires to vote, and shall thereupon mark the voter's ballot correctly. The election officials shall also state each ballot measure to the voter and ask the voter how the voter desires to vote, and shall then mark the ballot correctly. Neither of the officials shall in any way attempt to influence the voter.
(5) If a voter accidentally spoils the ballot, the voter shall present it to the Judge having charge of the ballots, who shall deliver to the voter another ballot, and the spoiled ballot shall be marked "Spoiled" and strung upon a string. This process may be repeated until the voter has received three ballots, but no more.
(6) If the name of the voter does not appear on the precinct register, the voter shall be allowed to vote a provisional ballot upon presentation of identification verifying the voter's identity that includes the voter's given name and surname and the complete residence address that is verified by the Election Board to be in the precinct.
(7) If the voter has moved to a new address within the City and has not corrected the voter's registration record with the County Recorder, the voter shall be permitted to vote a "New Residence Provisional Ballot" if the voter does both of the following:
a. Presents identification that includes the voter's given name, surname and a physical location of a residence that is in the precinct where the voter is attempting to vote.
b. Affirms in writing that the voter's new residence is located in that precinct.
(8) If the voter does not present the required acceptable forms of identification, or if the voter's name and address do not match the name and address in the signature roster, the voter will be allowed to vote a provisional ballot. The provisional ballot shall be verified according to procedures for voter identification and provisional ballots.
(9) Upon leaving the voting booth the voter shall deliver the voter's ballot to the Inspector, or Judge acting as such.
(10) The Election Board Inspector shall receive the ballot from the voter and in the presence of the Election Board, deposit the ballot in the ballot box, or if the voter so requests, hand the ballot to the voter and permit the voter to deposit the ballot in the ballot box.
(11) After delivery of the ballot to the Election Board Inspector, or depositing the ballot in the ballot box, the voter shall then proceed to the exit thereof, and shall not again enter the immediate voting area during the polling unless the voter is an election officer.
(b) The City Council shall furnish to the Inspector in each election precinct at least two such signs.
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4319, § 1, passed 1-10-2001, eff. 1-10-2001; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4667, § 1, adopted 1-5-2005, eff. 2-1-2005; Ord. No. G-4732, adopted 8-31-2005, eff. 11-7-2005; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
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Sec. 12-209. Right to vote a provisional ballot; notice; verification of identification.
(a) The City Clerk shall furnish to the Inspector in each election precinct at least two "Right to Vote a Provisional Ballot" notices. The "Right to Vote a Provisional Ballot" notice shall be in substantially the form contained in the Secretary of State Election Procedures Manual.
(Ord. No. G-4105, § 2, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4755, § 1, adopted 11-30-2005, eff. 2-23-2006; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-210. Qualified elector not on precinct register; Recorder certificate; provisional ballots; procedure.
(a) The name of a qualified elector not on the precinct register who presents a certificate from the County Recorder showing that the elector is entitled by law to vote in the precinct, shall be entered on the signature roster on the blank following the last printed name, shall be given the next consecutive register number and the qualified elector shall sign in the space provided.
(b) A qualified elector whose name is not on the precinct register, upon presentation of identification verifying the identity of the elector that includes the elector's given name and surname and the complete residence address, and upon a determination by the Election Board that the address of the elector is within the designated precinct, shall be allowed to vote a provisional ballot pursuant to this section.
(c) An elector registered in Maricopa County who has moved to a new address in the City during an open registration period and has not notified the County Recorder of the change of address before the date of an election, shall be permitted to correct the elector's voter registration records at the polling place for the elector's new address. The elector shall present a form of identification that includes the elector's given name and surname and the elector's complete residence address that is located within the precinct in which the elector has appeared and is attempting to vote, and shall affirm the new residence address in writing. If the elector has resided at the new address for at least twenty-nine days, the elector shall be permitted to vote a "New Residence Provisional Ballot" as provided in this section. Before counting the ballot, the City Clerk and, if necessary, the County Recorder, shall verify that the elector did not cast a ballot in the precinct for the old residence address.
(d) An elector whose name is not on the precinct register but states to the Election Board and affirms in writing that the elector is registered with a protected address and is qualified to vote in that precinct, shall also be permitted to vote a provisional ballot without providing a residence address. If the residence address is not provided, the elector assumes responsibility for appearing and casting the ballot in the correct precinct. These ballots shall be processed according to procedures for provisional ballots.
(e) Any qualified elector who is listed as having applied for an early ballot, but states and affirms in writing that the elector did not request or did not receive or did not vote such ballot shall be allowed to vote an "Early Voting Provisional Ballot" pursuant to the procedure set forth in this section except that for such ballot, the City Clerk shall verify that the elector did not cast an early ballot before the ballot is counted.
(f) The procedure when an elector is allowed to vote a provisional ballot shall be as follows:
(1) The elector's name and residence address shall be entered on a separate page at the end of the signature roster. Electors' names shall be numbered consecutively, beginning with the number P-1. The elector shall sign in the space provided.
(2) The ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name or number, the elector's name, residence address, and if applicable, former name or residence address, and the voter registration number of the elector, if available. The elector shall complete the affidavit on the envelope affirming the provisional ballot and shall sign the envelope.
(3) Such ballot shall be verified for proper registration of the elector before being counted. Verified ballots shall be counted using the procedures outlined for counting early ballots. If registration is not verified, the ballot shall remain unopened and shall be retained in the same manner as voted ballots.
(g) Verification of identification for electors who have been issued provisional ballots shall be conducted by the City Clerk in accordance with applicable identification procedures.
(h) Ballots cast pursuant to subsection (f) shall be verified within two days after the election by the County Recorder and then processed by the City Clerk prior to the canvass of the vote.
(Ord. No. G-3358, § 1; Ord. No. G-3627, § 1; Ord. No. G-4083, § 1, passed 4-8-1998, eff. 5-8-1998; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
State law references: Qualified elector not on precinct register, A.R.S. § 16-584.
Sec. 12-212. Notice to voters; form.
The City Clerk shall furnish, to be placed in each voting booth, unless the information is printed on the sample ballot, a card or poster printed in large plain type containing the following:
NOTICE TO VOTERS
If candidates are to be voted upon in this election, then mark the ballot in the designated area next to the name of the candidate for each office for whom you wish to vote. If you wish to vote for a person whose name is not printed on the ballot, write such name in the blank space provided for this office and also mark the ballot in the designated area next to the name. For such write-in vote to be counted, the written name must appear on the certified list of write-in candidates. If you mark your ballot for more than one candidate for an office (an over-vote) your vote shall not be counted for that office.
If propositions are to be voted upon in this election, then mark the ballot by the word "Yes" (or For) for each proposition or question that you wish to be adopted. Mark the ballot by the word "No" (or Against) for each proposition or question that you wish not to be adopted. If you mark your ballot for more than one choice for a proposition or question (an over-vote) your vote shall not be counted for that proposition or question.
You are not required to cast a vote for all offices, propositions or questions. If you do not mark the ballot for an office, proposition or question (an under-vote), no vote shall be counted for that office, proposition or question.
An over-vote or under-vote for any offices, propositions or questions shall not affect the counting of votes cast for the remaining offices, propositions, or questions on the ballot.
(Ord. No. G-3358, § 1; Ord. No. G-3439, § 1; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4486, § 2, passed 1-8-2003, 6-16-2003)
Sec. 12-214. Manner of voting.
(a) The election officers shall admit only one voter to the voting booth at one time and only after it has been ascertained that the voter is entitled to vote.
(b) Voting shall be secret except as provided in cases of voters who are assisted.
(c) In order that the rights of other voters shall not be interfered with, no voter shall remain within the voting booth longer than five minutes when other voters are waiting to occupy the booth. If a voter refuses to leave after the lapse of five minutes, the voter may be removed by the Inspector. If the voter has not completed voting the ballot after the allotted five minutes, the voter may request that the Inspector hold the ballot until another booth is empty and all voters present have had an opportunity to vote. The removed voter may then be allowed an additional five minutes in the booth.
(d) Voters accompanied by minor children may take them into the voting booth.
(Ord. No. G-3358, § 1; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Sec. 12-216. Clerk to keep list of persons voting.
At least one Clerk must keep a list of persons voting and the name of each person who votes must be entered thereon and numbered in the order of voting.
(Ord. No. G-3358, § 1; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000)
Sec. 12-218. Candidates' representatives– Challengers.
(a) Each candidate represented on the ballot may appoint one representative to act as a challenger for each polling place designated for the election, subject to the following provisions:
(1) Each representative must be an elector of the City.
(2) No candidate may appoint more than one representative for any particular polling place. However, a candidate may appoint a representative to act as a challenger at more than one polling place.
(3) A person may be appointed the representative of more than one candidate.
(b) Candidates shall make appointments of representatives in writing and a list of representatives, appointed by each candidate, shall be submitted providing:
(1) The name of the elector appointed as a representative.
(2) The address where the elector is registered.
(3) The polling place or places each representative is authorized to visit.
The list shall be filed in the office of the City Clerk not later than 5:00 p.m. on the seventh day prior to the election for which the appointments were made. Representatives, as authorized by the City Clerk, may be required to show identification and proof of appointment to election officials in order to remain within the area of a polling place.
(c) Candidates' representatives shall not make contact with election officials or voters except to challenge, in accordance with law.
(d) Candidates' representatives shall not be or remain in the immediate vicinity of the voting booths, ballot box, or the area where voters receive ballots.
(e) The City Clerk may, upon request, appoint persons to act as challengers in non-candidate elections in accordance with the provisions above.
(Ord. No. G-3358, § 1)
Sec. 12-220. Use of County registration rolls.
The City Council may use the County registration rolls to conduct an election. The City shall negotiate a contract with the County Recorder to reimburse the County Recorder for his actual expenses in preparing the necessary list by City district for use in the election. Such contract shall be negotiated at least sixty days prior to the election.
(Ord. No. G-3358, § 1)
Sec. 12-222. Rules of residence.
The Election Board, in determining the place of residence of a person, shall be governed by the following rules, so far as applicable:
(a) The residence of a person is that place in which his habitation is fixed, and to which he has the intention of returning when absent.
(b) A person does not gain or lose his residence by reason of his presence at or absence from a place while employed in the service of the United States or of this State, or while engaged in navigation, or while a student at an institution of learning or while kept in an almshouse, asylum or prison.
(c) A person does not lose his residence by leaving his home to go to another county, state or foreign country for merely temporary purposes, with the intention of returning.
(d) A person does not gain a residence in the City when he comes for merely temporary purposes, without the intention of making the City his home.
(e) If a person removes to another state with the intention of making it his residence, he loses his residence in this City.
(f) If a person removes to another state with the intention of remaining there for an indefinite time, and of making the place his present residence, he loses his residence in this City, even though he has an intention of returning at some future period.
(g) The place where a person's family permanently resides is his residence, unless he is separated from his family, but if it is a place of temporary establishment for his family, or for transient purposes, it is otherwise.
(h) If a person has a family residing in one place and he does business in another, the former is his place of residence, but a person having a family who has taken up his abode with the intention of remaining and whose family does not so reside with him, shall be regarded as a resident where he has so taken up his abode.
(i) The mere intention of acquiring a new residence without the act of removal avails nothing and neither does the act of removal without the intention.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-224. Computing term of residence.
The term of residence shall be computed by including the day on which the person's residence commenced and by excluding the day of election.
(Ord. No. G-3358, § 1)
Sec. 12-226. Grounds for challenging voter.
A person offering to vote may be orally challenged by any registered elector of the City upon any of the following grounds:
(1) That he is not the person whose name appears upon the register.
(2) That he has not resided within the City of Phoenix for twenty-nine days next preceding the election.
(3) That he has not resided in the precinct for at least twenty-nine days prior to the election.
(4) That he has voted before at that election.
(5) That he has been convicted of a felony and has not been restored to civil rights.
(6) That he has made a bet on the result of the election.
(7) That he is otherwise not a qualified voter.
(Ord. No. G-3358, § 1; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004)
Sec. 12-228. Challenging of voters– Procedure.
(a) Upon challenge being made, the one so challenged may, if the person so elects, be at once sworn to answer fully and truly all such questions as may be put to the person by the Inspector, provided such questions are pertinent and material to the challenge made.
(b) After such examination, if a majority of the Board shall be satisfied that the challenge is not true, the one challenged shall be permitted to vote.
(c) If a majority of the Board shall be satisfied that the challenge is true, the person challenged shall be permitted to vote a provisional ballot.
(d) If any person challenged refuses to take the oath tendered, or refuses to be sworn and answer any questions material to the challenge, the person shall be permitted to vote a provisional ballot.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-230. Reading rules to challenged person.
Before administering an oath to a person concerning his place of residence, the Inspector shall, if requested by any person, read to the person challenged the rules set forth in Section 12-222.
(Ord. No. G-3358, § 1)
Sec. 12-232. Challenging of voters– List to be kept.
The Board shall cause one of the Clerks to keep a list showing:
(a) The name of all persons challenged.
(b) The ground of such challenge.
(c) The determination of the Board upon the challenge.
(Ord. No. G-3358, § 1)
Sec. 12-234. Soliciting or contributing to campaign funds; membership in political organization.
(a) It shall be unlawful for any candidate for nomination or election to any office of the City to solicit or receive, either directly or indirectly, from any officer or employee of the City, any money, or other thing of value whatever, for the purpose of defraying the expenses of or furthering such candidate's nomination for or election to any City office.
(b) It shall be unlawful for any officer or employee of the City to contribute either directly or indirectly any money, promise or other thing of value whatever for the purpose of defraying the expenses of or furthering a candidate's nomination for or election to any City office.
(c) It shall be unlawful for any officer or employee of the City to become a member of any organization, combination, or association organized for the purpose of furthering a candidate's nomination for or election to any City office.
(Ord. No. G-3358, § 1; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Cross references: Administration, ch. 2.
Sec. 12-236. Influencing vote of City officer or employee.
It shall be unlawful for any officer or employee of the City to influence or attempt to influence, directly or indirectly, by force, violence or restraint, or by inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from employment or promoting in employment or by intimidation or otherwise in any manner whatever to induce or compel any officer or employee of the City to vote or refrain from voting for any particular person for nomination or election to any office of the City.
(Ord. No. G-3358, § 1)
Cross references: Administration, ch. 2.
Sec. 12-238. Reserved.
Editor's note: Section 12-238 was repealed; see Ord. No. G-4141, § 1, passed 12-9-1998, eff. 1-8-1999.
Sec. 12-240. Advisory polls– Official ballot.
The Council may by ordinance place an advisory poll on any City election ballot. The poll shall be in such form as is determined by the Council, it shall allow voters to express opinions on preferences on the matter submitted and shall appear on the ballot after all other matters.
(Ord. No. G-3358, § 1)
Sec. 12-242. Penalties.
(a) Any Election Registrar, Deputy, Clerk, Inspector, Judge, or Clerk of Election, who shall willfully disregard any provisions of this division, or any person who shall willfully or fraudulently register or re-register under any but his true name, or attempt to vote by impersonating another who is registered, or knowingly register in any precinct where he is not a resident at the time of such registration, or any person removing a precinct register from its place outside the poll limits at any City election, shall be guilty of a misdemeanor.
(b) Any person who shall willfully disregard any provision of this division, or who, during an election, shall willfully deface, tear down, remove or destroy any card of instructions posted for the instruction of voters, or who shall during the election, willfully remove or destroy any of the supplies or conveniences furnished to enable a voter to prepare his ballot, or who shall willfully hinder the voting of others, shall be guilty of a misdemeanor.
(c) Any public officer upon whom a duty is imposed, who willfully neglects to perform such duty, or who shall willfully perform it in such a way as to hinder the purposes of this division shall be guilty of a misdemeanor.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
DIVISION 2.
ELECTRONIC VOTING*------------
State law references: Electromechanical voting equipment, A.R.S. § 16-441 et seq.
------------
Sec. 12-300. Specifications of electronic voting system.
(a) An electronic voting system consisting of a voting or marking device in combination with vote tabulating equipment shall provide facilities for voting for candidates and/or propositions at any City election.
(b) An electronic voting system shall:
(1) Provide for voting in secrecy when used with voting booths.
(2) Permit each elector to vote at any election for any person for any office whether or not nominated as a candidate, to vote for as many persons for an office for which the elector is entitled to vote, to vote for or against any question upon which the elector is entitled to vote, and the vote tabulating equipment shall reject choices recorded on a ballot if the number of choices exceeds the number for which the elector is entitled to vote.
(3) Prevent the elector from voting for the same person more than once for the same office.
(4) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and counting ballots.
(5) Be provided with means for sealing the voting or marking device, if used, against any further voting after the close of the polls and the last voter has voted.
(6) When properly operated, record correctly and count accurately every vote cast.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-302. State of Arizona Electronic Voting Systems Instructions and Procedures Manual.
The provisions of the State of Arizona Electronic Voting System Instruction and Procedures Manual as constituted and approved by the State of Arizona, where not in conflict with the Charter of the City of Phoenix or this Code, shall be applicable in any City of Phoenix election in which an electronic voting system is utilized.
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997)
Sec. 12-304. Filing of Computer Election Programs with the Secretary of State.
(a) For any City election utilizing electronic vote tabulating equipment, there shall be filed with the Secretary of State a copy of each computer program for each election at least ten days prior to said election.
(b) A copy of any subsequent revision of the computer program shall be filed in the same manner within forty-eight hours following such revision.
(c) Any tape or disk used in the programming or operation of vote tabulating equipment upon which votes are counted and any tape used in compiling vote totals shall be kept under lock and seal, and if there is a retally of votes, the officer entrusted with the tapes or disks shall submit an affidavit stating they are the tapes or disks, or both, used in the election and have not been altered.
(d) All materials submitted to the Secretary of State shall be used by the Secretary of State or Attorney General to preclude fraud or any unlawful act under the laws of A.R.S. Titles 16 and 19 (A.R.S. §§ 16-101 et seq., 19-101 et seq.), and shall not be disclosed or used for any other purpose.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-306. Required testing of equipment and programs; notice.
(a) Within the period of time before the election day prescribed by the Arizona Secretary of State Election Procedures Manual, the City Clerk shall have the electronic vote tabulating equipment and programs tested to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least forty-eight hours prior thereto, by publication in a newspaper of general circulation. The test shall be open to representatives of the candidates, the press and the public. The test shall be conducted by processing a pre-audited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure, and shall include for each office one or more ballots which has votes in excess of the number allowed by law in order to test the ability of the electronic vote tabulating equipment and programs to reject such votes. If any error is detected, the cause therefore shall be ascertained and corrected and an errorless count shall be made before the electronic vote tabulating equipment and programs are approved. A copy of a revised program shall be filed with the Secretary of State within forty-eight hours after the revision is made. If the error was created by electronic vote tabulating equipment malfunction, a report shall be filed with the Secretary of State within forty-eight hours after the correction is made stating the cause and the corrective action taken. A test shall be conducted before the start of the official count of the ballots. After the completion of the count, the programs used and the ballots shall be sealed, retained and disposed of as provided for paper ballots.
(b) For voting devices used at early or accessible voting sites, the logic and accuracy test may begin within seven days prior to the start of early voting and be completed before voting begins at early voting locations.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-308. Write-in votes– Instructions.
Whenever ballots are to be counted by electronic vote tabulating equipment, all write-in votes for candidates, to be counted, shall be written in by the voter in the space provided, and the ballot shall be marked in the designated area next to the name written, which name must be one of the names so designated according to the provisions of *Section 12-1002 (See editor's note below).
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Editor's note: Ord. No. G-5251, § 4, adopted 10-15-2008, effective 12-10-2008, renumbered Section 12-1002 as Section 12-1020. The user is directed to Section 12-1020 for the provisions referenced in Section 12-308.
Sec. 12-310. Voting devices to remain sealed after election.
(a) The voting devices, if used, shall remain sealed against voting for the period commencing at the close of voting and ending fifteen days after the canvass of votes by the Phoenix City Council or as much longer as may be necessary or advisable because of an existing or threatened contest of the result of the election, except for a retally of the vote, and except that the devices may be opened and all data and figures therein examined upon order of the Court.
(b) If the voting devices are equipped with a device for printing, embossing, or photographing the count as shown on the candidate and proposition counters, the provisions of Subsection (a) do not apply.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
DIVISION 3.
PAPER BALLOTSec. 12-400. Definition of mark.
A "mark" means a character or symbol which is distinguishable and noticeable to a reasonable person.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 12-402. Ballots folded together.
If two or more separate ballots are found so folded together as to present the appearance of a single ballot, they must be laid aside until the count of the ballots with the number of the names of electors on the lists which have been kept by the Clerks, [and if] it appears that the two or more ballots thus folded together were cast by one elector, they must be destroyed. Should one of the ballots be marked in the manner as provided by law, and the other ballot be blank, the blank ballot only shall be destroyed and the marked ballot shall be counted.
(Ord. No. G-3358, § 1)
Sec. 12-403. Certain ballots not to be counted; overvotes.
(a) If the voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voter's choice for any office to be filled, the voter's ballot shall not be counted for such office. Only the ballots provided in accordance with the provisions of this division shall be counted. Ballots not counted shall be rejected and shall be returned to the City Clerk with the official returns.
(b) If the voter marks a printed name and the name of another person is written on the ballot by the voter in the space provided for that office, unless it is possible to determine the voter's choice for the office, the voter's ballot shall not be counted for such office and the fact must at that time be noted on the back of the ballot and signed by a majority of the Election Board.
(c) If the name of a person appears as having been voted for two or more times for the same office, the ballot shall be counted as one vote.
(Ord. No. G-4434, § 2, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-404. Counting the votes.
After the lists are signed, the Board must proceed to count and ascertain the number of votes cast for each person voted for and the votes cast for or against each ballot measure. The ballots must be taken out and opened by one of the members of the Board and distinctly read aloud.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Sec. 12-406. Form of tally lists.
(a) The tally lists shall be made up in a form as shall be prescribed by the City Clerk, which shall include the names of persons voted for, and for which office, and the number of votes given for each candidate, followed by any proposed Charter amendments and initiated and referred measures, and the number of votes given for or against each.
(b) The tally list shall contain the following certification signed by the Election Board. "We hereby certify the above to be a true tally of the votes for the candidate(s) and official(s) shown herein and of the votes for and against the ballot measure(s) cast at the election held on the ________ day of ________, 20________, in the City of Phoenix, in ________ Precinct, Election District ________."
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-408. Board to tally the votes.
The Board shall first separate the votes cast either by the names of the candidates voted for to fill the office, or by proposed Charter amendment, initiated or referred measures. The votes shall then be counted and the total inserted on the tally list.
(Ord. No. G-3358, § 1; Ord. No. G-3627, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Sec. 12-410. Lists to be signed and attested.
As soon as all the votes are counted, and the ballots sealed up, the lists must be attached to the tally lists containing the names of the persons voted for, and for what office, and the number of votes for each candidate, and a list of the measures voted upon and the number of votes given for or against each measure, the number being written at full length, and such lists must be signed by the members of the Board and attested by the Clerks.
(Ord. No. G-3358, § 1)
Sec. 12-412. Disposition of ballots after count.
As soon as the ballots are counted or rejected as invalid, the ballots shall be carefully sealed in a strong envelope marked "FOR OFFICIAL BALLOTS ONLY" and shall not thereafter be examined by any person, excepting as required in the event of a contest of the election.
(Ord. No. G-3358, § 1)
DIVISION 4.
BALLOTS AND SUPPLIES*------------
State law references: Ballots and supplies generally, A.R.S. § 16-501 et seq.
------------
Sec. 12-500. Definitions; applicability of general laws.
(a) In this division, unless the context otherwise requires:
(1) Ballot means a paper ballot on which votes are recorded, or alternatively may mean ballot cards and ballot labels.
(2) Ballot card means a tabulating card on which votes may be recorded by means of marking.
(3) Ballot labels means the cards, papers, booklets, pages or other material containing the names of offices and candidates and the statements of measures to be voted on, which are placed on the voting device.
(4) Computer program includes all program and documentation adequate to process the ballots at an equivalent counting center.
(5) Counting center means one or more locations designated by the City Clerk for the automatic counting of ballots.
(6) Electronic voting system means a system in which votes are recorded on a paper ballot or ballot cards by means of marking, and such votes are subsequently counted and tabulated by vote tabulating equipment at one or more counting centers.
(7) Instructions and Procedures Manual means the manual prepared as a guide for the conduct of elections using an approved electronic voting system, including, but not limited to, detailed instructions for the performance of each task relating to the collection of ballots and the counting of votes in a manner which provides maximum security, efficiency and accuracy.
(8) Vote tabulating equipment includes apparatus necessary to automatically examine and count votes as designated on ballots or ballot cards and tabulate the results.
(9) Voting device means an apparatus which the voter uses to record his votes electronically or by marking a ballot, which votes are subsequently counted by electronic tabulating equipment.
(b) The provisions of all State laws and/or City Codes relating to elections not inconsistent with this division apply to all elections where electronic or electromechanical tabulating devices are used. Any provision of law which conflicts with this division shall not apply to the elections in which electronic or electromagnetic tabulating devices are used.
(Ord. No. G-3358, § 1; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 12-502. Supplies to be furnished by Council.
The necessary printed blanks for poll lists, tally lists, precinct registers, signature rosters, oaths and returns, and other supplies deemed necessary, shall be furnished by the Council to the officers of each election precinct at the expense of the City.
(Ord. No. G-3358, § 1)
Sec. 12-504. Rotation of names of candidates.
(a) In any municipal election, the position of names of candidates for any particular office shall be alternated upon the ballots used within the City of Phoenix so that the names of each candidate shall appear substantially an equal number of times at the top, at the bottom, and in each intermediate place of the list or group of candidates in which they belong insofar as may be practicable.
(b) The names of the candidates shall be rotated as follows: All precincts shall be listed in alphabetical order City-wide for mayoral candidates and in alphabetical order by district for all Council candidates and all names of candidates for any particular office shall be arranged in alphabetical order. In the precinct first listed the names of the candidates for any particular office shall appear in alphabetical order; thereafter, the names of candidates for each respective office shall be consecutively rotated in each successive precinct in alphabetical order by placing in the last position for each respective office the name of the first candidate as positioned in the preceding precinct and by moving up one position the names of each other candidate. Only one form of ballot within each precinct is necessary.
(Ord. No. G-3358, § 1)
Sec. 12-506. Duty to prepare and provide ballots; cost of printing ballots and instruction card as public expense.
(a) The City Clerk shall prepare and provide ballots containing the names of all persons whose certificates of nomination have been filed.
(b) All ballots cast in elections within the City, and the instructions to voters shall be printed, delivered and distributed at public expense and shall be a charge against the City of Phoenix.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-508. Reserved.
Editor's note: Ord. No. G-4893, § 3, adopted 5-4-2007, eff. 7-16-2007, repealed § 12-508 in its entirety. Formerly, said section pertained to sample ballots and derived from Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, adopted 1-22-1997, eff. 2-21-1997.
Sec. 12-510. Sample ballot and Publicity Pamphlets.
(a) One sample ballot in pamphlet form, containing the entire text of each proposition or measure appearing on the official ballot, shall be mailed by the City Clerk to each household within the City in which an active registered voter resides. To the extent possible, the sample ballots shall be mailed before the mailing of any requested early ballots.
(b) In any election at which propositions are to be voted upon the pamphlet containing the sample ballot shall also include a Publicity Pamphlet for information relating to each proposition as prescribed herein. In the case of a bond election, the Publicity Pamphlet shall be called an Informational Pamphlet.
(c) The Publicity Pamphlet shall contain the number and title of each proposition as it appears in the sample ballot together with a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition, in the order of the time received, followed by any arguments opposing the proposition, in the order of the time received, both as provided in Subsection (d) herein.
(d) Arguments supporting or opposing propositions appearing on the ballot may be filed in the office of the City Clerk not later than 5:00 p.m. on the ninetieth day prior to the election at which the propositions are to be voted upon, in accordance with the following criteria:
(1) Arguments must relate to propositions proposed by initiative or referendum or proposed ordinances or Charter amendments submitted by the Council.
(2) Arguments must identify the proposition to which they refer and indicate whether the argument is in support or opposition to the proposition.
(3) Arguments may not exceed three hundred words.
(4) 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.
(5) Each argument shall be accompanied by a deposit in the amount of two hundred fifty dollars to offset proportional costs of printing. If the proportional costs of printing are less than the amount deposited the excess shall be refunded to the depositor at such time as final costs are determined. However, if the proportional costs of printing exceed the amount of the deposit the additional costs shall be paid by the City and no additional deposit shall be required. This requirement shall not be waived on any account.
(6) No person, persons, or organization shall submit or pay the deposit for more than one argument for each proposition to be voted upon.
(e) When propositions are to be voted upon at a special election and time will not permit full compliance with the requirements of this Section, provisions shall be made at the time of the call of the special election for printing and distribution of sample ballots and Publicity Pamphlets.
(f) The sample ballot shall contain the phrase "THIS IS A SAMPLE BALLOT AND CANNOT BE USED AS AN OFFICIAL BALLOT." A sample ballot cannot be used for voting except that sample ballots may be issued by an Election Official to be used as a substitute ballot pursuant to Phoenix City Code Section 12-516.
(g) Sample ballots printed pursuant to this section shall be a copy of the official ballot and shall be distinct in color or marking from the official ballot. The City Clerk shall provide at least five copies of the sample ballot for use by voters at each polling place.
(Ord. No. G-3358, § 1; Ord. No. G-3627, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-512. Official ballots.
The form of ballot, the mode of printing and the distribution thereof, shall be as provided by Sections 8, 9, 10, 11, 12 and 13 of Chapter XII of the City Charter. The City Clerk shall cause to be printed a sufficient number of ballots for the number of registered voters whose names appear on the precinct register of each precinct for early voting, voting at each polling place and mail ballot elections. Ballots may have stubs and may be numbered.
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Sec. 12-514. Delivery of ballots to precinct Boards.
(a) The City Clerk shall provide for each Election Board for each polling place at which an election is to be held, a sufficient number of ballots before the hour for opening the polls on election day. The ballots for each polling place may be delivered to the polling place with the other required supplies. On the opening of the polls at each polling place, the Inspector shall produce the official ballots and publicly open and deliver one package of ballots therein contained to the Ballot Judge.
(b) The other ballots, if any, shall be retained by the Inspector until they are called for by the Ballot Judge and needed for the purpose of voting.
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4319, § 1, passed 1-10-2001, eff. 1-10-2001; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-516. Substitute ballots.
In case the ballots to be furnished for any voting place shall fail for any reason to be delivered, or in case, after delivery, they shall be destroyed or stolen, paper ballots printed or written and in substantially the same form as the original ballots may be used for voting, and for that purpose sample ballots may be used. The Ballot Judge shall cause the ballots so substituted to be used in place of the missing ballots. The Elections Inspector shall state in writing under oath that such substituted ballots have been furnished for use by voters and that the original ballots have not been received, or have been destroyed or stolen and shall deliver such statement to the City Clerk.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
DIVISION 5.
POLLING PLACES*------------
State law references: Precincts and polling places, A.R.S. § 16-411 et seq.
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Sec. 12-600. Designation of polling place.
Not less than twenty days before any City election the Council shall designate the place within each precinct where the election shall be held. If no suitable polling place is available within a precinct, a polling place for such precinct may be designated within an adjacent precinct. If the Council fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the City Clerk shall two days before the election, by an order, copies of which shall immediately be posted in three public places in the precinct, designate the place for holding the election. If the City Clerk fails to do so, the Election Board of the precinct shall designate and give notice of the place of holding the election.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-602. Appointment of Board of Election and Clerks.
(a) When an election is ordered, the Council shall appoint one Inspector and two Judges for each precinct, who shall constitute a Board of Election for such precinct. The Inspector and Judges shall be appointed from the electors of the precinct, unless there is not a sufficient number of persons available to provide the number of appointments required, in which case a qualified elector of the City shall be appointed. In addition to the Board, it shall also appoint the number of Clerks deemed necessary, who, except as provided in Subsection (b) herein, shall be qualified electors of the City of Phoenix.
(b) The City Council may appoint to an Election Board as a Clerk, a person who is not a qualified elector if all the following conditions are met:
(1) The person is a student in good standing who is enrolled in a private or public secondary educational institution and has a grade point average of at least 2.5 on a 4.0 scale.
(2) The person will be sixteen years of age or older at the time of the election for which the person is named to the Election Board.
(3) The person is a citizen of the United States and resident of the City of Phoenix at the time of the election for which the person is named to the Election Board.
(4) The person has been trained as an Elections Officer.
(5) The person is supervised by an adult who has been trained as an Elections Officer.
(c) Pursuant to Arizona Revised Statutes, Title 16, Article 7, Section 16-531, a School District or Charter School shall not count any pupil's absence from one or more instructional programs as a result of the pupil's service on an Election Board pursuant to Subsection (b) of this Section against any mandatory attendance requirements for the pupil.
(d) In the event that any person appointed by the Council to serve as officials of election or Board members are unable to serve in their respective precincts or capacities, or should the need arise for additional boards, officials or members, the City Clerk or his designee is authorized to fill such vacancies or appoint such additional boards, officials or members.
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-604. Compensation of Boards of Elections and Clerks.
The compensation of members of Boards of Election and Clerks shall be fixed by the Council and paid out of the City Treasury.
(Ord. No. G-3358, § 1)
Sec. 12-606. Instruction of election officers; certificate.
(a) Prior to an election, the City Clerk or his special deputy shall instruct the Judges and Inspectors of the election in the duties of the election officers during an election, and shall give to each Judge and Inspector who has received such instruction and is fully qualified to properly conduct an election a certificate to that effect. No Judge or Inspector of election shall serve at any election unless he has received such instruction and has received a certificate to that effect.
(b) The Judges and Inspectors shall attend the meeting and shall be compensated as provided by law.
(Ord. No. G-3358, § 1)
Sec. 12-608. Voting hours.
The polls shall be opened in every precinct at the hour of 6:00 a.m. on the day of the election, and shall be closed at 7:00 p.m. of the same day. The Inspector shall make a proclamation of the opening of the polls and shall also make a proclamation of the closing thereof at one hour, at thirty minutes, at fifteen minutes, and at one minute before the time of closing, and also at the moment of closing. Any and all persons who may at the moment of the closing be inside of any booth making out a ballot preparatory to voting, shall be allowed five minutes to fill out and deposit such ballot, the same as if the polls were still open, and any person actually in the line of waiting voters for the purpose of voting shall be allowed to procure his ballot and vote.
(Ord. No. G-3358, § 1; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-610. Requirements for voting booths; ballot boxes.
(a) The City Clerk shall provide each polling location a sufficient number of voting booths and voting devices, if used, at which voters may conveniently mark their ballots.
(b) The City Clerk shall furnish for each polling place the required ballot box, with lock, which shall be large enough to properly receive and hold the ballots cast.
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Sec. 12-612. Seventy-five foot limits.
(a) No person shall enter or remain within seventy-five feet of a polling place while the polls are open, and until all persons entitled to vote have completed voting, except for the following:
(1) Persons there for the purpose of voting and any accompanying minor children.
(2) Representatives of the City Clerk and election officials.
(3) One representative of each candidate represented on the ballot, appointed by the candidate in accordance with Section 12-218.
(4) When voting is conducted in a public facility, persons there for purposes of using the public facility may remain in the facility outside the immediate area where voting is being conducted, but shall not interfere in any way with the election officials or the voting process.
(b) The City Clerk shall furnish for each precinct or polling place, three notices reading: "Seventy-five Foot Limit" and underneath that heading the following:
Except for the purpose of voting, no person shall be allowed to remain inside these limits while the polls are open except the election officials, and candidates' representatives allowed by law. Each voter, after having cast his ballot, shall at once retire outside the seventy-five foot limit. Any person violating any of these provisions shall be guilty of a misdemeanor.
(c) Before opening the polls, the Inspector shall cause to be posted the above-mentioned notices about seventy-five feet, in different directions, from the entrance of the building in which the election is being held.
(d) A minor voting in a simulated election at a polling place may be within the seventy-five foot limit, subject to the same restrictions prescribed for a voter. Persons supervising or working in a simulated election in which minors vote may remain within the seventy-five foot limit of the polling place for such purpose. The Inspector for the polling place shall exercise authority over all election and simulated election related activities at the polling place.
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
State law references: Seventy-five-foot limits, A.R.S. § 16-515.
Sec. 12-614. Electioneering prohibited; notice.
(a) There shall be no electioneering within seventy-five feet of the entrance of a polling place while the polls are open and until all persons entitled to vote have completed voting. Electioneering shall be deemed to mean any activity which can be reasonably interpreted as direct or indirect persuasion for or against any candidate or measure appearing on the ballot.
(b) A notice shall be posted in conjunction with each seventy-five foot limit sign to read as follows: "No Electioneering within 75 feet of this Polling Place."
(c) There shall be no electioneering within any area where early or accessible voting is made available by the City Clerk or at any mail ballot receiving and voter assistance location.
(d) This section shall not be construed as a grant of authority for any person to engage in electioneering on any property without the consent of the owner or other person in lawful possession of that property.
(Ord. No. G-3358, § 1; Ord. No. G-3627, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
State law references: Electioneering, A.R.S. § 16-1018.
Sec. 12-616. Displaying United States Flag at polls.
The City Clerk shall provide for the display of the flag of the United States in or near every polling place on election day during the hours the polls are open.
(Ord. No. G-3358, § 1)
Sec. 12-618. Authority of Inspector; administering oaths.
(a) The Inspector shall be chairman of the Election Board and may:
(1) Administer all oaths required in the progress of an election; and
(2) Appoint Judges and Clerks, if, during the progress of the election, any Judge or Clerk ceases to act, or if, at the time of the opening of the polls, any Judge or Clerk fails to appear.
(b) Any member of the Board may administer and certify oaths required to be administered during the progress of an election.
(Ord. No. G-3358, § 1)
Sec. 12-620. Oaths of Board of Election and Clerks.
Before opening the polls, each member of the Board and each Clerk must take an oath to faithfully perform the duties imposed upon him by law. Any qualified voter of the City may administer and certify such oath when and if there is no member of the duly appointed Board present to administer such oath.
(Ord. No. G-3358, § 1)
Sec. 12-622. Only authorized persons to be in polling place during voting hours.
No person other than the election officers and voters admitted shall be permitted within the polling place during the hours of voting except by authority of the election officers for the purpose of keeping order and enforcing the law. The City Clerk or his designated representatives may visit the polling places within the City at such times as deemed necessary.
(Ord. No. G-3358, § 1)
Sec. 12-624. Safeguarding of ballot box.
(a) Before receiving the first ballot after the opening of the polls, the Board shall, in the presence of all persons then assembled at the polling place, open and exhibit the interior of the ballot box and then close and lock it. Thereafter it must not be removed from the polling place or the presence of the bystanders until all the ballots are counted, nor shall it again be opened until after the final closing of the polls except in the case of an emergency that renders the polling place unusable to the point where it can no longer function as a polling place because Law Enforcement or other Emergency Personnel have ordered that the polling place be evacuated or as determined by the City Clerk to allow voting to continue while awaiting an evacuation order from Law Enforcement or other Emergency Personnel.
(b) If a locked ballot box must be moved from a polling place due to an emergency, at least two members of the Election Board from that polling place shall accompany the locked ballot box to a new polling place designated by the City Clerk, subject to the procedures contained in the Secretary of State Election Procedures Manual.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-626. Disabled persons; inaccessible polling places; definitions; accessible voting locations.
(a) If the City Clerk determines that a polling place is inaccessible to disabled persons, he shall provide for alternative voting according to procedures established pursuant to the Americans with Disabilities Act.
(b) For purposes of this section "disabled" means having a temporary or permanent physical disability that substantially restricts or limits a person's access to the polling place.
(c) In addition to duly established precinct polling places, the City Clerk may establish one or more accessible voting locations for use during the early voting period and on election day.
(Ord. No. G-3358, § 1; Ord. No. G-3627, § 1; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
DIVISION 6.
CLOSING THE POLLSSec. 12-700. To be public and without adjournment.
As soon as all of the voting of the precinct has been completed, the Election Board must proceed to canvass the votes, or process the ballots for central ballot tabulation, given at the election. The canvass, or ballot processing, must be public, in the presence of bystanders, and must be continued without adjournment until completed.
(Ord. No. G-3358, § 1; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-702. Reserved.
Editor's note: Ord. No. G-4434, § 1, passed May 15, 2002, effective Aug. 15, 2002, repealed § 12-702, which pertained to certain ballots not to be counted. See the Code Comparative Table.
Sec. 12-704. Reserved.
Editor's note: Section 12-704 (Rejected ballots– Grounds for rejection) was repealed by Ord. No. G-4309, § 2, passed 11-29-2000, eff. 11-29-2000. The section was derived from Ord. No. G-3358, § 1.
Sec. 12-706. Rejected ballots– Endorsement of Board of Election.
Whenever the Board of Election rejects a ballot, it must, at the time of the rejection, cause to be made thereon an endorsement of such rejection and the causes thereof, signed by a majority of the members of the Board.
(Ord. No. G-3358, § 1)
Sec. 12-708. Rejected ballots– Preservation.
All rejected ballots must be preserved and included as part of the official returns.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-710. Procedure when legality of ballot sustained.
Whenever a question arises in the Board as to the legality of a ballot, or any part thereof, and the Board decides in favor of the legality, such action, together with a concise statement of the facts that gave rise to the objection must be endorsed upon the ballot and signed by a majority of the Board.
(Ord. No. G-3358, § 1)
Sec. 12-712. Ballots to be checked against Clerk's list.
The canvass must be commenced by taking the ballots out of the box unopened, except so far as to ascertain whether each ballot is single, and counting them to ascertain whether the number of the ballots corresponds with the number of names on the list of voters kept by the Clerk.
(Ord. No. G-3358, § 1)
Sec. 12-714. Procedure when too many names are found on ballot.
(a) If the voter marks more names than there are persons to be elected to an office, or if from the ballot it is impossible to determine the voter's choice for an office, all the names designated for such office must be rejected, and the fact of such rejection, and the reasons therefor, must at the time of such rejection be noted on the ballot and signed by a majority of the Election Board, but the votes on the remainder of the ballot shall be counted.
(b) When a voter marks a name printed on the ballot and the name of another person is written on the ballot by the voter in the space provided for that purpose, unless it is possible to determine the voter's choice for the office, the voter's ballot shall not be counted for such office and the fact must at that time be noted on the back of the ballot and signed by a majority of the Election Board.
(c) If the name of a person appears as having been voted for two or more times for the same office, the ballot shall be counted as one vote.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-716. Excess ballots.
If the ballots in the box are found to exceed in number the names on the lists, the ballots must be replaced in the box and one of the Judges must publicly, without looking in the box, draw out therefrom singly, a number of ballots equal to such excess. Such ballots shall have the words "rejected-excess ballot" written on them along with the signatures of the Board of Election and shall be retained according to the provisions pertaining to rejected ballots.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
Sec. 12-718. Attesting of Clerk's list.
When the number of ballots agrees with the number of names on the lists, the lists must be signed by the members of the Board and attested by the Clerks, and the number of names thereon must be set down in words and figures at the foot of each list and above the signatures of the Judges and attestation of the Clerks.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-720. Lists, papers and certificates not to be rejected because of failure of form.
No list, tally, paper or certificate returned from any election shall be set aside or rejected for want of form, nor on account of its not being strictly in accordance with the directions of this chapter if it can be clearly understood.
(Ord. No. G-3358, § 1)
Sec. 12-722. Polling lists– Form.
The polling lists to be kept by the Clerks of Election shall be in the form prescribed by the City Clerk and shall contain the following information.
(a) On the front cover of the poll lists the name and date of the election for which the poll lists are kept shall be named, along with the district number and precinct name of the voting precinct.
(b) On the first page shall be the oath of officers, which shall be signed by the Inspector, two Judges, and two Clerks, if applicable, and a certification that such oath was administered previous to entering the duties of their respective offices.
(c) Subsequent pages shall contain space for the names and register numbers of each elector who appears to cast a vote.
(d) On the last page shall be the official ballot statement and certificate of performance.
(1) The official ballot statement shall include the number of regular ballots, the number of provisional ballots, the number of early ballots, the number of spoiled and rejected ballots, if any, the number of unused ballots, and the number of official ballots issued to the precinct.
(2) The certificate of performance shall identify the district number and precinct name and the name and date of the election for which the poll list is kept, and must be signed by the Inspector, two Judges, and two Clerks, if applicable, certifying that all voters whose names appear upon the poll list voted, except for those who, after signing the roster, failed to vote or were challenged and denied the right to vote, who are so indicated on the challenge list, and that the number of voters who voted in the precinct are as indicated on the poll list and on the official ballot statement. Further, the certificate shall certify that the total number of official ballots received, voted, rejected and spoiled, and the number accounted for is as indicated on the ballot statement and that the challenge list shows a complete list of all voters challenged.
(Ord. No. G-3358, § 1; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004)
Sec. 12-724. Delivery of official returns to City Clerk.
(a) When an election is held utilizing an electronic voting system, immediately after the close of the polls and after compliance with requirements set forth in Sections 12-712, 12-716, and 12-718, the members of the Election Board shall prepare a report in duplicate of the number of voters who have voted as indicated on the poll list. One copy of this report shall be returned with the container in which the voted ballots have been placed. Each such container shall be sealed with a numbered seal.
(b) Before it adjourns, the Election Board shall enclose and seal in a strong envelope provided for that purpose the official returns of the election, to be comprised of one of the poll lists, the stubs, if any, of the voted ballots, spoiled and rejected ballots, if any, and when necessary for paper ballot, one copy each of the tally lists, the abstract of vote, and the condensed abstract of vote, signed as required.
(c) Once sealed and signed by the Inspector and two Judges, the envelope shall constitute the official returns of the election, and shall not be opened prior to delivery to the City Clerk. The official returns, together with the container containing the voted ballots shall be delivered promptly by two members of the Election Board to the receiving station designated by the City Clerk. The person in charge of receiving ballots shall give a numbered receipt of such ballots to the person in charge who delivers such ballots.
(d) When conducting a paper ballot election, the Election Board shall, immediately upon sending the official returns, transcribe the result of the election upon a certificate which shall be supplied by the City Clerk, setting opposite the name of each candidate the total vote for such candidate, and opposite the number of each measure voted upon the vote for and against such measure, and deliver the certificate so endorsed to the City Clerk. The certificate shall be signed by the Inspector and Judges and attested to by the Clerks.
(Ord. No. G-3358, § 1; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4319, § 1, passed 1-10-2001, eff. 1-10-2001; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-726. Delivery of unofficial returns to City Clerk.
(a) At the same time as the official returns are delivered to the receiving station designated by the City Clerk, the Election Board shall return to the City Clerk in an unsealed envelope provided for that purpose the unofficial returns of the election, to be comprised of one of the poll lists, the signature roster, the challenge list, the precinct registers, one copy of the ballot report, the notice to voter slips, the envelope containing the ballot box key, if any, and when required for paper ballot, one of the tally lists, the abstract of vote and the condensed abstract of vote, signed as required.
(b) The envelope with its contents shall constitute the unofficial returns of the election and shall be delivered to the City Clerk, who shall keep them in the City Clerk's office for a period of six months, during which time they shall be open to the inspection of electors.
(Ord. No. G-3358, § 1; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4319, § 1, passed 1-10-2001, eff. 1-10-2001; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-728. Procedures at the counting center.
(a) All proceedings at the counting center shall be under the direction of the City Clerk and shall be conducted in accordance with the approved Instructions and Procedures Manual. Observation areas shall be made available for representatives of candidates and the public, but no persons except those authorized for the purpose shall touch any ballot or return. All persons who are engaged in processing and counting of the ballots shall be deputized in writing and take an oath that they will faithfully perform their assigned duties.
(b) There shall be no preferential counting of ballots for the purpose of projecting the outcome of the election.
(c) If any ballot is damaged or defective so that it cannot be properly counted by the electronic vote tabulating equipment, the ballot shall be enhanced by marking the ballot in a manner that allows the vote expressed by the voter to be tabulated without, to the extent possible, obscuring the voter's original marks, or a true duplicate copy shall be made of the damaged ballots in the presence of witnesses and substituted for the damaged ballot. All duplicate ballots shall be clearly labeled "Duplicate" and shall bear a serial number which shall be recorded on the damaged or defective ballot.
(d) If for any reason it becomes impracticable to count all or a part of the ballots with the electronic vote tabulating equipment, the City Clerk may direct that they be counted manually following as far as practicable the provisions governing the counting of paper ballots.
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
ARTICLE III.
CANVASSING OF VOTES*------------
State law references: Official canvass of votes, A.R.S. § 16-641 et seq.
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Sec. 12-800. Reserved.
Editor's note: Ord. No. G-4893, § 3, adopted 5-4-2007, eff. 7-16-2007, repealed § 12-800 in its entirety. Formerly, said section pertained to candidate receiving highest number of votes elected and derived from Ord. No. G-3358, § 1.
Sec. 12-802. Canvass of election returns by Council.
(a) At any time after 8:00 p.m. election day, unofficial returns may be released during the counting of the ballots by vote tabulating equipment and upon completion of the count, the unofficial results shall be open to the public. The result printed by the vote tabulating equipment, to which have been added write-in votes, shall, when certified by the City Clerk, constitute the official canvass of each precinct.
(b) The official canvass of the election returns shall be made in public after the election with the Mayor and Council serving as the official Canvassing Board as provided by the City Charter.
(c) If, at the time the Council meets as a Canvassing Board, the returns from any precinct where the polls were open and an election held are missing, the canvass shall be postponed from day to day until all returns are found or until the canvass has been postponed six times.
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-804. Declaration of result.
(a) The Council shall declare elected the person who, at a Mayor and Council election, receives a majority of all votes cast for that office at such election, and shall declare according to the vote given each proposition whether such proposition was approved or was defeated.
(b) Upon a runoff election, the Council shall declare elected the person having the highest number of votes given for each office to be filled.
(c) No declaration of the result or any certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such returns what office is intended, and who is elected thereto or which proposition was intended or was approved or was defeated.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-806. Certificate of election.
The City Clerk shall make out and deliver to or send to the person declared elected at such canvass a certificate of election, which shall be signed by the Mayor and attested by the City Clerk.
(Ord. No. G-3358, § 1)
Sec. 12-808. Disposition of official returns.
(a) The City Clerk shall make the official returns from the election available to the Council for the canvass of votes. After the canvass of votes, the City Clerk shall secure the official returns with the voted ballots where they shall be kept for six months, after which time if no contest is commenced the City Clerk shall destroy the envelopes with the ballots without opening or examining the contents.
(b) If a recount is ordered or a contest begun within six months after an election, the City Clerk may be ordered by the court to deliver to such court the official returns envelopes and strong envelopes or sealed boxes containing the official ballots, and thereupon said items shall be in the custody and control of the court.
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002)
ARTICLE IV.
EARLY VOTER BALLOT, MAIL BALLOT------------
Editor's note: It should be noted that Ord. No. G-4434, § 3, adopted May 15, 2002, effective Aug. 15, 2002, amended the title of Art. IV to read as herein set out. Prior to inclusion of said ordinance, Art. IV was entitled, "Early Voter Ballot." See the Code Comparative Table for a detailed analysis of inclusion.
State law references: Early voting, A.R.S. § 16-541 et seq.
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DIVISION 1.
EARLY VOTER BALLOT*------------
Editor's note: It should be noted that Ord. No. G-4434, § 3, adopted May 15, 2002, effective Aug. 15, 2002, amended the title of Art. IV and also designated former Art. IV as Art. IV, Div. 1 in order to accommodate inclusion of additional provisions designated as Div. 2. See the Code Comparative Table for a detailed analysis of inclusion of said Ord. No. G-4434.
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Sec. 12-900. Early voters may vote as provided for in division.
Any election called pursuant to the laws of the City of Phoenix shall provide for early voting. Any qualified elector shall be permitted to vote early at such election.
(Ord. No. G-3358, § 1; Ord. No. G-3442, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998)
Sec. 12-902. Official early ballot.
The ballot for early voters shall contain the same candidates for each office and the same ballot text for each item to be voted upon as the form of regular official ballots as prescribed by law, except that it shall have printed or stamped on the face thereof the word "Early." The City Clerk shall prepare the official early ballots and shall have a sufficient number ready for distribution, to be mailed after the mailing of sample ballots.
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-904. Application and delivery of ballot to early voter.
(a) In addition to the notice in Phoenix City Code, Section 12-918, prior to any City election, the City Clerk may notify electors by mail of the availability of early ballot voting. The City Clerk may include an early ballot request form with such notice.
(b) Any elector seeking to vote early may, upon written request to the City Clerk, receive a ballot of the next ensuing election. The early ballot request must be signed by the elector, and the signed request must be received by the City Clerk no earlier than one hundred twenty days before the election and no later than 5:00 p.m. on the eleventh day preceding the election. The City Clerk, if satisfied that the elector is registered to vote, shall furnish said elector the ballot for the next ensuing election by mail, postage prepaid, or delivery in person by a Special Deputy City Clerk and the City Clerk shall note on the signature roster that said ballots have been furnished to said elector.
(c) In addition to providing an early ballot to electors who request an early ballot, the City Clerk shall provide an early ballot to any elector whose name appears on the Maricopa County Permanent Early Voting List, pursuant to Phoenix City Code, Section 12-918.
(d) For requests received by the thirtieth day prior to the election, the early ballots may be mailed beginning twenty-nine days prior to the election, but not later than twenty-one days prior to the election.
(e) For requests received after the thirtieth day prior to the election, the early ballots shall be mailed within three days of receipt of the request.
(f) If an elector requests an early ballot for a candidate election, the City Clerk shall mail the elector an early ballot for any subsequent runoff election that results from said candidate election.
(Ord. No. G-3358, § 1; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-906. Form of voters' early ballot affidavit.
An envelope shall be furnished to each early voter in which to return the early ballot to the City Clerk. Such envelope shall bear the name or title and address of the City Clerk and the other side of said envelope shall bear a printed early ballot affidavit that contains the voter's information and is substantially in the following form:
I, the undersigned voter, do solemnly swear that I am a qualified elector of the State of Arizona and the County of Maricopa, residing in the City of Phoenix, in the District indicated below, and entitled to vote in this election.
I further swear that I personally voted the enclosed ballot (or that it was voted according to my instruction because I was unable to do so) and that if I did not personally sign it was because of physical disability and that I requested (Name of person signing affidavit) to sign my name for me.
I understand that knowingly voting more than once in any election is a Class 5 felony.
If a challenge is filed against my early ballot, I understand that a copy of the challenge will be sent to me by first class mail and that I may have as little as forty-eight hours notice of an opportunity to appear. For purposes of notifying me of a ballot challenge between the time I return the early ballot and seven days after the election, please use the following address: (If no address is provided, notice will be mailed to the mailing address listed on the registration rolls.)
(Ord. No. G-3358, § 1; Ord. No. G-3442, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4319, § 1, passed 1-10-2001, eff. 1-10-2001; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-908. Marking of ballot; return to City Clerk.
(a) The early voter shall affirm and sign the early ballot affidavit on the envelope. The early voter shall then mark the ballot and the ballot shall thereupon be folded and inserted in the envelope and securely sealed.
(b) To be counted, the ballot, in the signed affidavit envelope, must be delivered by the elector in person, or mailed, postage prepaid, to the City Clerk so that it is received in the office of the City Clerk no later than 7:00 p.m. on election day, or it may be deposited at any City polling place on election day, no later than 7:00 p.m.
(c) Any City of Phoenix early ballot deposited with the Election Board at a Maricopa County Polling Place by 7:00 p.m. on the day of the election, if a Maricopa County Election is being held on that date, shall be deemed to have been received by the City of Phoenix within the required time.
(Ord. No. G-3358, § 1; Ord. No. G-3442, § 1; Ord. No. G-4083, § 1, passed 4-8-1998, eff. 5-8-1998; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-909. Early voting locations.
(a) The City Clerk may establish such early voting locations within the City as deemed appropriate to issue early ballots, allow electors to vote early ballots and to receive early ballots. Any such early voting locations may also serve as accessible voting locations.
(b) Any qualified elector, who appears personally no later than 5:00 p.m. on the Friday preceding the election at an early voting location may be issued and cast an early ballot at an early voting location upon presentation of satisfactory proof of identity, which may include some form of photo identification, such as a valid Arizona Motor Vehicle Operator's Permit. If no photo identification is presented, the elector may cast a ballot but the identity of the voter shall be verified by signature comparison as provided by law for early ballots generally.
(c) After the close of registration for an election, the City Clerk may issue provisional ballots during the early voting period. Any such ballots shall be verified and processed in the manner provided for provisional ballots.
(d) Early ballots received by the City Clerk at early voting locations shall be handled and processed in the same manner as provided by law for early ballots generally.
(Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-910. City Clerk, duties on receiving early ballots.
(a) Upon receipt of the envelope containing an early ballot, the City Clerk shall verify the identity of the voter or verify the voter's signature. The voter's signature on the early ballot affidavit may be verified by comparison with the following:
(1) The signature on the voter's affidavit of voter registration or,
(2) The signature from the signature roster of an election at which voters were required to show identification pursuant to City Code Section 12-208, or
(3) The signature on the voter's request for early ballot if such signature has been verified by comparison with the signature on the voter's affidavit of voter registration or the signature from the signature roster of an election at which voters were required to show identification pursuant to City Code Section 12-208.
(b) The City Clerk shall then secure the envelope containing an early ballot unopened. The City Clerk shall thereafter safely keep such ballot in his office until delivered to the Early Ballot Board.
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4083, § 1, passed 4-8-1998, eff. 5-8-1998; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-911. Spoiled early ballot.
If a voter accidentally spoils the voter's early ballot, the voter may return it to the City Clerk, who shall deliver or mail to the voter another early ballot, and the affidavit envelope containing the spoiled ballot shall be marked "Spoiled" and maintained in a secure location until disposed of in accordance with the law. This process may be repeated until the voter has received three ballots, but no more. If an elector to whom a replacement ballot is issued returns more than one ballot, only the first ballot received shall be counted.
(Ord. No. G-4309, § 3, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4319, § 1, passed 1-10-2001, eff. 1-10-2001; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-912. Early Ballot Board.
(a) The Council of the City of Phoenix shall appoint one or more Early Ballot Boards to serve at places to be designated by the City Clerk to process or tally early ballots.
(b) Each Early Ballot Board shall consist of two Judges and one Inspector. The Inspector of each Early Ballot Board shall be Chair of the Board. Each Early Ballot Board Member shall be a qualified elector of the City of Phoenix. In addition to the Board, the Council may appoint Clerks, as necessary, who shall be qualified electors of the City of Phoenix.
(c) The necessary poll lists, lists of voters, ballots, oath and returns, shall be furnished by the Council to the Early Ballot Board at the expense of the City.
(d) Members of such Boards shall be compensated for each day actually spent in the service of the Board to process voters' ballots.
(e) If the City Clerk determines that the number of Boards appointed is insufficient to process the ballots cast, then the City Clerk or the City Clerk's designee may appoint such additional Boards or Clerks as are needed to process early ballots.
(f) If the City Clerk determines that more Boards or Clerks have been appointed than are needed, the City Clerk or the City Clerk's designee may eliminate such Boards or Clerks as are not needed.
(Ord. No. G-3358, § 1; Ord. No. G-3627, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-914. Delivery of ballots to the Early Ballot Board for processing.
All early ballots received by the City Clerk up to 7:00 p.m. on the day of election shall be delivered to the Early Ballot Boards for processing. Processing of early ballots cast in said election shall begin at such date and time as designated by the City Clerk and results shall be released in accordance with general provisions for release of election results. The City Clerk shall enclose all envelopes containing ballots in an envelope or box and deliver such envelopes or boxes containing ballots to the Early Ballot Boards. The Clerk shall keep a record of the number of ballots so delivered to said Board.
(Ord. No. G-3358, § 1; Ord. No. G-3627, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-916. Early ballots; processing; challenges.
(a) The Early Ballot Board shall, upon receipt of the envelopes or boxes containing such ballots from the Clerk, cast each early ballot in the following manner:
(1) The number of affidavit envelopes containing ballots shall be ascertained and noted in the poll list.
(2) If the affidavit is sufficient and the voter's name appears on the list, the Board shall open the envelope containing the ballot in such manner as not to destroy the affidavit thereon, and take out the ballot without unfolding the ballot or permitting it to be opened or examined and show by the records of such election that such elector has voted. The opened affidavit envelope shall be preserved with the official returns.
(3) If the affidavit is insufficient, or the signature does not correspond, or the applicant is not a duly qualified elector of the precinct, such votes shall not be allowed. Without opening the envelope containing the ballot, the Board shall mark across the face thereof, "Rejected" and state the reason for rejection. When the ballot is rejected, the envelope and its contents shall be preserved with the official returns.
(4) If the vote is allowed, the early ballots shall then be unfolded and examined on each side to determine whether there is any damage to the ballot, if any conditions exist which would prohibit proper scanning of the ballot, or if there is any reason why the ballot must be rejected.
(5) Damaged ballots and ballots which may not be properly scanned shall be sent to the Duplication Board for processing. Rejected ballots shall be placed with the official returns. Undamaged ballots shall be sent to the Control Board for processing.
(b) An early ballot may be challenged on any grounds set forth in Section 12-226 of the City Code. All challenges shall be made in writing with a brief statement of the grounds prior to the early ballot being separated from the ballot affidavit envelope. A record of all challenges and resulting proceedings shall be kept in substantially the same manner as provided in Section 12-232 of the City Code. If an early ballot is challenged, it shall be set aside and retained in the possession of the Early Ballot Board or other officer in charge of early ballot processing until a time that the Early Ballot Board sets for determination of the challenge, subject to the procedure in Subsection (b)(1) of this Section, at which time the Early Ballot Board shall hear the grounds for the challenge and shall decide what disposition shall be made of the early ballot by majority vote. If the early ballot is not allowed, it shall be handled pursuant to Subsection (b)(3) of this Section.
(1) Within twenty-four hours of receipt of a challenge, the Early Ballot Board or other officer in charge of early ballot processing shall mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the early ballot affidavit or, if none was provided, to the mailing address shown on the registration rolls. Notice shall also be mailed to the challenger at the address listed on the written challenge. The Board shall meet to determine the challenge at the time specified by the notice but, in any event, not earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m. on the Monday following the election. The Board shall provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge. The Board may decline to permit comments, either in person or in writing, by anyone other than the voter and the challenger. The burden of proof is on the challenger to show why the voter should not be permitted to vote. The fact that the voter fails to appear shall not be deemed to be an admission of the validity of the challenge. The Early Ballot Board or other officer in charge of early ballot processing, is not required to provide the notices described in this subsection if the written challenge fails to set forth at least one of the grounds listed in Section 12-226 of the City Code as a basis for the challenge. In that event, the challenge will be summarily rejected at the meeting of the Board. Except for election contests, the Board's decision is final and may not be appealed.
(2) If the challenged vote is allowed, the Board shall open the envelope containing the ballot in such a manner that the affidavit thereon is not destroyed, take out the ballot without unfolding it or permitting it to be opened or examined and show by the records of the election that the elector has voted. The ballot shall then be processed according to the procedures for processing early ballots.
(3) If the challenged vote is not allowed, the affidavit envelope containing the early ballot shall not be opened and the Board shall mark across the face of such envelope the word "disallowed" and the grounds for rejection. The affidavit envelope and its contents shall then be preserved with the official returns.
(4) If the voter does not enter an appearance, the Board shall send the voter a notice stating whether the early ballot was disallowed and, if disallowed, providing the grounds for the determination. The notice shall be mailed, by first class mail, to the voter's mailing address as shown on the early ballot affidavit or, if none was provided, to the mailing address shown on the registration rolls within three days after the Board's determination.
(c) The canvass and return by the Early Ballot Board shall be made as provided for regular precincts.
(Ord. No. G-3358, § 1; Ord. No. G-3442, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4105, § 1, passed 6-24-1998, eff. 7-24-1998; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-918. Permanent early voting list; notice.
(a) Not less than one hundred twenty days before any regularly scheduled City election, and as soon as practicable before any special City election, the City Clerk shall mail an election notice to all eligible City voters who are included on the Maricopa County Permanent Early Voting List. The notice shall be mailed by nonforwardable mail and shall be marked with the statement required by the Postmaster to receive an address correction notification. The notice shall include the following:
(1) The date(s) of the election(s) to which the notice pertains.
(2) The date(s) that the voter's ballot is expected to be mailed.
(3) The address where the ballot will be mailed.
(b) The notice shall be delivered with return postage prepaid and shall include a means for the voter to do any of the following:
(1) Change the mailing address for the voter's ballot for the upcoming election or elections indicated on the notice.
(2) Update the voter's residence. Any such updates received by the City Clerk shall be forwarded to the County Recorder to update the voter's registration, as appropriate.
(3) Request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice.
(c) If the notice that is mailed to the voter is returned undeliverable by the postal service, the City Clerk shall forward the notice to the County Recorder to update the voter's registration, as appropriate.
(d) The City Clerk shall mail an early ballot to all eligible voters included on the permanent early voting list. If the voter has not returned the notice or otherwise notified the City Clerk within forty-five days before the election that the voter does not wish to receive an early ballot by mail for the election or elections indicated, the ballot shall automatically be scheduled for mailing.
(Ord. No. G-4309, § 3, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, §§ 1, 5, adopted 10-15-2008, eff. 12-10-2008)
Editor's note: Ord. No. G-5251, § 1, adopted Oct. 15, 2008, that becomes effective December 10, 2008, repealed § 12-918 in its entirety. Subsequently, § 5 of said ordinance added a new § 12-918 to read as herein set out. Former § 12-918, pertained to early ballot requests; notice and derived from Ord. No. G-4309, § 3, adopted 11-29-2000, eff. 11-29-2000; Ord. No. G-4434, § 4, adopted 5-15-2002, eff. 8-15-2002; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007.
DIVISION 2.
MAIL BALLOT ELECTIONSSec. 12-940. Mail ballot elections.
(a) Any election conducted pursuant to the laws of the City of Phoenix may, upon designation by the Council, be conducted as a Mail Ballot Election, provided that such designation shall be made by resolution of the Council at least 120 days prior to the date the election is to be held.
(b) Procedures for the conduct of mail ballot elections shall, as nearly as is practicable, conform to the requirements herein for early ballots; provided that the designation of "Mail" rather than "Early" shall be used where appropriate for all procedures, ballots and other election materials.
(c) If the City Council designates an election to be conducted as a mail ballot election, notice of the election shall be mailed to all electors listed on the precinct register no later than ninety days prior to the election. The City Clerk shall mail ballots to qualified electors according to applicable law.
(d) Provisions of state law applicable to mail ballot elections, not in conflict with provisions of the City of Phoenix Charter or Code, shall be followed.
(Ord. No. G-4434, § 3, passed 5-15-2002, eff. 12-16-2002; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-942. Mail ballot election sites.
(a) The City Clerk may establish such mail ballot election sites within the City as deemed appropriate to receive mail ballots, issue replacement mail ballots, issue provisional mail ballots and assist voters in completing the mail ballot election process. Any such election sites may also be used as accessible voting locations.
(b) Any qualified elector, who appears personally no later than 7:00 p.m. on the day of the election at a mail ballot election site may deposit a mail ballot, be issued a replacement mail ballot or be issued a provisional mail ballot.
(Ord. No. G-4434, § 3, passed 5-15-2002, eff. 12-16-2002; Ord. No. G-4618, § 1, adopted 6-16-2004, eff. 8-30-2004; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-944. Mail ballot receipt by Election Boards.
Any City of Phoenix Mail Ballot deposited with the Election Board at a Maricopa County polling place by 7:00 p.m. on the day of the election, if a Maricopa County Election is being held on that date, shall be deemed to have been received by the City of Phoenix within the required time.
(Ord. No. G-4434, § 3, passed 5-15-2002, eff. 12-16-2002)
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ARTICLE V.
PETITIONS– NOMINATION, INITIATIVE, REFERENDUMDIVISION 1.
NOMINATIONSec. 12-1000. Form of nomination petitions.
(a) A nomination petition shall contain the name of the office to be filled, the candidate's name, and the candidate's residence address. The petition shall be signed only by qualified electors who have not signed the nomination petition of another candidate for that office.
(b) Nomination petitions for the office of Mayor shall be captioned "NOMINATION PETITION FOR MAYOR," followed by the language of the petition in substantially the following form:
NOMINATION PETITION FOR MAYOR
I, the undersigned, a qualified elector residing within the City of Phoenix, Arizona, do hereby join in a petition for the nomination of ________ who resides at ________ in the City of Phoenix, Arizona, for the office of Mayor, to be voted for at the municipal election to be held in the City of Phoenix, on the ________ day of ________, 20________, and I hereby affirm that I am qualified to vote for this office, that I have not signed and will not sign a petition nominating any other candidate for the above named office, and that my actual residence is as set opposite my name below.
(c) Nomination petitions for the office of City Council member shall be captioned "NOMINATION PETITION FOR CITY COUNCIL MEMBER," followed by the language of the petition in substantially the following form:
NOMINATION PETITION FOR CITY COUNCIL MEMBER
I, the undersigned, a qualified elector residing within District ________ of the City of Phoenix, Arizona, hereby join in a petition for the nomination of ________, who resides at ________ in the City of Phoenix, Arizona, for the office of City Council Member from District ________, to be voted for at the municipal election to be held in the City of Phoenix, on the ________ day of ________, 20________, and I hereby affirm that I am qualified to vote for this office, that I have not signed and will not sign a petition nominating any other candidate for the above named office, and that my actual residence is as set opposite my name below.
(d) Nomination petitions shall be on paper eight and one-half inches long and fourteen inches wide.
(e) A photograph of the candidate may appear on the nomination petition.
(f) The petition shall contain fifteen lines spaced no less than three-eighths of an inch apart and consecutively numbered one through fifteen.
(g) The signature portion of the petition shall be divided into columns headed by the titles: signature; printed name; actual residence address or description of place of residence; city or town and zip code; and date signed.
(h) A certificate in substantially the following form shall appear below the signature portion of a petition for Mayor:
CERTIFICATE
I, the undersigned, residing and qualified to register to vote in the City of Phoenix, Arizona, do hereby certify that each of the signatures appearing on this petition sheet was signed in my presence on the date indicated and that to the best of my knowledge and belief all the signers of this nomination petition are qualified electors of the City of Phoenix, Arizona.
(i) A certificate in substantially the following form shall appear below the signature portion of a petition for City Council Member:
CERTIFICATE
I, the undersigned, residing and qualified to register to vote in the Council District the candidate named on this petition seeks to represent, do hereby certify that each of the signatures appearing on this petition sheet was signed in my presence on the date indicated and that to the best of my knowledge and belief all the signers of this nomination petition are qualified electors of the Council District the candidate named on this petition seeks to represent.
(j) The nomination petition of a person seeking to fill an unexpired vacant term for any City elective office shall designate the expiration date of the term following the name of the office being sought.
(Ord. No. G-3358, § 1; Ord. No. G-4242, § 1, passed 2-2-2000, eff. 3-3-2000; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
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Sec. 12-1001. Signing and circulating the petition.
(a) Each signer of a nomination petition may sign only one petition for the same office.
(b) A signature shall not be counted on a nomination petition unless the signature is upon a sheet bearing the form prescribed by Section 12-1000.
(c) Each signer of a nomination petition for Mayor shall be, at the time of signing, a registered voter residing in the City of Phoenix.
(d) Each signer of a nomination petition for City Council Member shall be, at the time of signing, a registered voter residing in the Council District the candidate is seeking to represent.
(e) If an elector signs more nomination petitions than permitted by this Section, the earlier signature of the elector, as determined by the date of the signatures as shown on the petitions, is valid. If the signatures by the elector are dated on the same day, all signatures by that elector on that day are invalid. Any signature by an elector on a nomination petition on or after the date of that elector's last valid signature is invalid and shall not be counted.
(f) The signer's name, as it appears on the petition, shall be the name used to determine the validity of the name for any legal purpose pursuant to the Election Laws of this City or State. Signature and handwriting comparisons may be made to determine the validity of the signature.
(g) The circulator, before whom the signatures were written on the signature sheet, shall:
1. For a petition for Mayor, certify that he is qualified to register to vote in this City.
2. For a petition for Councilmember, certify that he is qualified to register to vote in the Council District the candidate is seeking to represent.
3. Certify that each of the names on the petition was signed in his presence on the date indicated.
4. Certify that in his belief each signer was a qualified elector who resides at the address given as the signer's residence on the date indicated.
5. Sign the petition and type or print the circulator's name next to or below the circulator's signature.
6. Type or print the circulator's actual residence address or, if no street address, a description of the circulator's residence location.
(Ord. No. G-5251, § 5, adopted 10-15-2008, eff. 12-10-2008)
Note: Former § 12-1001 was renumbered as § 12-1010.
Sec. 12-1002. Reserved.
Editor's note: The users attention is directed to § 12-1020 for provisions pertaining to filing of nomination papers for write-in candidates.
Sec. 12-1003. Reserved.
Editor's note: The users attention is directed to § 12-1030 for provisions pertaining to nomination for recall elections.
Sec. 12-1010. Filing of nomination papers.
(a) To become a candidate, a qualified elector must file a nomination paper, in the form prescribed by the City Clerk, signed by the candidate, giving the candidate's actual residence address, or description of place of residence, and post office address.
(b) The nomination paper shall include the following:
1. The exact manner in which the candidate desires to have the candidate's name printed on the official ballot.
(A) The candidate's name shall be limited to the candidate's given name(s), an abbreviated version of such name(s), or appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William" or "S." for "Samuel" and the candidate's surname.
(B) Nicknames are permissible, but in no event shall nicknames, abbreviated versions, or initials of given names suggest reference to professional, fraternal, religious, or military titles. Candidates' abbreviated names or nicknames may be printed within quotation marks.
(C) The candidate's given name(s) shall be printed first, with the candidate's surname printed last.
(D) No other descriptive name(s) shall be printed on the official ballot, except as provided in this Section.
2. A notarized statement signed by the candidate affirming that the candidate is qualified to hold the office the candidate seeks.
(c) A person who does not timely file a nomination paper that complies with this Section is not eligible to have the person's name printed on the official ballot for that office. The City Clerk shall not accept the nomination paper of a candidate for City elective office unless the person provides or has provided all of the following:
1. A nomination petition as required by the City Charter and Code.
2. A political committee statement of organization or the five hundred dollar threshold exemption statement for that office.
3. The financial disclosure statement as prescribed by Section 12-1302 of the Phoenix City Code.
(d) A candidate shall file the nomination paper no later than 5:00 p.m. on the last date for filing.
(e) At the time of filing a nomination paper, the candidate must maintain the candidate's permanent residence within the district from which the candidate is nominated.
(Ord. No. G-4434, § 2, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-5251, § 3, adopted 10-15-2008, eff. 12-10-2008)
Note: Formerly, § 12-1001.
Sec. 12-1020. Filing of nomination papers for write-in candidates.
(a) Any qualified elector may become a write-in candidate by filing a nomination paper, signed by the candidate, giving the elector's actual residence address, or description of place of residence, post office address, age, length of residence in the City, and date of birth.
(b) A write-in candidate shall file the nomination paper no later than 5:00 p.m. on the fortieth day prior to the election. Votes for any person not filing such a nomination paper shall not be counted in the tally of ballots.
(c) The City Clerk shall notify the appropriate Election Board Inspector of candidates properly filed. No other write-in votes shall be counted. The Election Board Inspector shall post the notice of official write-in candidates in a conspicuous location within the polling place.
(Ord. No. G-3358, § 1; Ord. No. G-3984, § 1, passed 1-22-1997, eff. 2-21-1997; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4434, § 4, passed 5-15-2002, eff. 8-15-2002; Ord. No. G-5251, § 4, adopted 10-15-2008, eff. 12-10-2008)
Note: Formerly, § 12-1002.
Sec. 12-1030 Nomination for recall elections.
The provisions of the Charter and Code pertaining to nomination requirements for mayor or council member, including signature requirements for nomination petitions, shall also apply to recall elections.
(Ord. No. G-4486, § 1, passed 1-8-2003, effective 6-16-2003; Ord. No. G-5251, § 4, adopted 10-15-2008, eff. 12-10-2008)
Note: Formerly, § 12-1003.
DIVISION 2.
INITIATIVE*------------
State law references: Initiative, A.R.S. § 19-141 et seq.
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Sec. 12-1100. Procedure for filing initiative petitions.
(a) A person, persons or organization intending to propose an ordinance or Charter amendment by initiative petition shall, before causing the petition to be printed and circulated, file with the City Clerk an application on a form to be provided by the City Clerk setting forth his or their names and addresses, or if an organization, its name and address, and the names and titles of not less than two of its officers, stating an intention to circulate and file a petition. This application shall be accompanied by the text of the proposed ordinance or Charter amendment to be initiated. The City Clerk shall issue an official number to be printed on the signature sheets of the petition.
(b) No person shall circulate an initiative petition, except a resident of Maricopa County who is eligible to become a qualified elector.
(Ord. No. G-3358, § 1; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-1102. Procedure when insufficient petition is filed.
(a) If the Clerk's certificate shows the petition to be insufficient:
(1) He shall at once notify in writing one or more of the persons designated on the petition as filing the same;
(2) He shall return the petition to one of the persons designated as filing it, without prejudice, however, to the filing of a new petition for the same purpose.
(b) If the Clerk's certificate shows the petition to be sufficient, he shall forthwith so certify by filing the certificate with the City Council.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
Sec. 12-1104. Reserved.
Editor's note: Ord. No. G-4893, § 3, adopted 5-4-2007, eff. 7-16-2007, repealed § 12-1104 in its entirety. Formerly, said section pertained to withdrawing signatures and derived from Ord. No. G-3358, § 1.
Sec. 12-1106. Amendments, additions or alterations.
During the period or periods specified herein for certification of petitions by the City Clerk no amendment, addition or alteration to such petitions may be made.
(Ord. No. G-3358, § 1)
Sec. 12-1108. Certification by City Clerk.
Within thirty-five days, excluding Saturdays, Sundays and legal holidays, from the filing of an initiative petition, the City Clerk shall ascertain by examination thereof and of the registration books, election returns and other pertinent documents, whether the petition is signed by the requisite number of qualified electors and shall attach thereto his certificate showing the result of such examination.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
DIVISION 3.
REFERENDUMSec. 12-1200. Procedure for filing referendum petitions.
(a) A person, persons or organization intending to protest, demand reconsideration of or repeal of an ordinance, measure, or an item, section or part thereof by referendum petition shall, before causing the petition to be printed and circulated, file with the City Clerk an application on a form to be provided by the City Clerk setting forth his or their names and addresses, or if an organization, its name and address, and the names and titles of not less than two of its officers stating an intention to circulate and file a referendum petition. This application shall be accompanied by the text of the measure, item, section or part of the ordinance to be referred. If the ordinance is subject to referendum, the City Clerk shall issue an official number to be printed on the signature sheets of the petition.
(b) No person shall circulate a referendum petition, except a resident of the City of Phoenix who is eligible to become a qualified elector.
(Ord. No. G-3358, § 1; Ord. No. G-4309, § 1, passed 11-29-2000, eff. 11-29-2000)
Sec. 12-1202. Procedure when insufficient petition is filed.
(A) If the Clerk's certificate shows the petition to be insufficient:
(1) If he certifies that the petition is insufficient he shall return the petition to one of the persons designated as filing it, without prejudice, however, to the filing of a new petition for the same purpose.
(B) If the Clerk's certificate shows the petition to be sufficient he shall forthwith so certify by filing the certificate with the City Council.
(Ord. No. G-3358, § 1)
Sec. 12-1204. Reserved.
Editor's note: Ord. No. G-4893, § 3, adopted 5-4-2007, eff. 7-16-2007, repealed § 12-1204 in its entirety. Formerly, said section pertained to withdrawing signatures and derived from Ord. No. G-3358, § 1.
Sec. 12-1206. Amendments, additions or alterations.
During the period or periods specified herein for certification of referendum petitions by the City Clerk no amendment, addition or alteration to such petitions may be made.
(Ord. No. G-3358, § 1)
Sec. 12-1208. Certification by City Clerk.
(a) Within thirty-five days, excluding Saturdays, Sundays and legal holidays, from the filing of a referendum petition, the City Clerk shall ascertain by examination thereof and of the registration books, election returns and other pertinent documents, whether the petition is signed by the requisite number of qualified electors and shall attach thereto his certificate showing the result of such examination.
(b) The City Clerk shall determine the validity of all referendum petitions, the signatures thereon, and the qualifications of the signators.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007; Ord. No. G-5251, § 2, adopted 10-15-2008, eff. 12-10-2008)
ARTICLE VI.
CAMPAIGN FINANCE/FINANCIAL DISCLOSURE*------------
Cross references: Ethics policy, § 2-52.
State law references: Financial disclosure, A.R.S. § 38-541 et seq.; local official financial disclosure, A.R.S. § 38-545.
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DIVISION 1.
FINANCIAL DISCLOSURESec. 12-1300. Definitions.
In this division, unless the context otherwise requires:
(1) Business includes any enterprise, organization, trade, occupation or profession, whether or not operated as a legal entity or for profit, including any business trust, corporation, partnership, joint venture or sole proprietorship.
(2) Compensation means anything of value or advantage, present or prospective, including the forgiveness of debt.
(3) Controlled business means any business in which the local public officer or any member of his household has an ownership or beneficial interest, individually or combined, amounting to more than a fifty percent interest.
(4) Dependent business means any business in which the local public officer or any member of his household has an ownership or beneficial interest, individually or combined, amounting to more than a ten percent interest, and during the preceding calendar year the business received from a single source more than ten thousand dollars and more than fifty percent of its gross income.
(5) Gift includes any gratuity, special discount, favor, hospitality, service, economic opportunity, loan or other benefit received without equivalent consideration and not provided to members of the public at large.
(6) Local public officer means a person holding an elective office of the City of Phoenix.
(7) Member of household means a local public officer's spouse and any minor child of whom the local public officer has legal custody.
(Ord. No. G-3358, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
State law references: Similar provisions, A.R.S. § 38-541.
Sec. 12-1302. Duty to file financial disclosure statement; contents, exceptions.
(a) In addition to other statements and reports required by law, every local public officer, as a matter of public record, shall file with the City Clerk on a form prescribed by the City Clerk a verified financial disclosure statement covering the preceding calendar year ending December 31. The statement shall disclose:
(1) The name and address of the local public officer and each member of his household and all names and addresses under which each does business.
(2) The name and address of each employer and of each other source of compensation other than gifts amounting to more than one thousand dollars received during the preceding calendar year by the local public officer and members of his household in their own names, or by any other person for the use or benefit of the local public officer or members of his household, a description of the services for which the compensation was received and the nature of the employer's business. This paragraph shall not be construed to require the disclosure of individual items of compensation that constituted a portion of the gross income of the business from which the local public officer or members of his household derived compensation.
(3) For a controlled business, a description of the goods or services provided by the business, and if any single source of compensation to the business during the preceding calendar year amounts to more than ten thousand dollars and is more than twenty-five percent of the gross income of the business, the disclosure shall also include a description of the goods or services provided to the source of compensation. For a dependent business the statement shall disclose a description of the goods or services provided by the business and a description of the goods or services provided to the source of compensation from which the dependent business derived the amount of gross income described in Section 12-1300, paragraph 4. If the source of compensation for a controlled or dependent business is a business, the statement shall disclose a description of the business activities engaged in by the source of compensation.
(4) The names and addresses of all businesses and trusts in which the local public officer or members of his household, or any other person for the use or benefit of the local public officer or members of his household, had an ownership or beneficial interest of over one thousand dollars at any time during the preceding calendar year, and the name and addresses of all businesses and trusts in which the local public officer or any member of his household held any office or had a fiduciary relationship at any time during the preceding calendar year, together with the amount or value of the interest and a description of the interest, office or relationship.
(5) All real property interests and real property improvements, including specific location and approximate size, located in the City of Phoenix, in which the local public officer, any member of his household or a controlled or dependent business held legal title or a beneficial interest at any time during the preceding calendar year, and the value of any such interest, except that this paragraph does not apply to a real property interest and improvements thereon used as the primary personal residence or for the personal recreational use of the local public officer. If a local public officer, any member of his household or a controlled or dependent business acquired or divested any such interest during the preceding calendar year, he shall also disclose that the transaction was made and the date it occurred. If the controlled or dependent business is in the business of dealing in real property interests or improvements, disclosure need not include individual parcels or transactions as long as the aggregate value of all parcels of such property is reported.
(6) The names and addresses of all creditors to whom the local public officer or members of his household, in their own names or in the name of any other person, owed a debt of more than one thousand dollars or to whom a controlled business or dependent business owed a debt of more than ten thousand dollars which was also more than thirty percent of the total business indebtedness at any time during the preceding calendar year, listing each such creditor. This paragraph shall not be construed to require the disclosure of debts owed by the local public officer or any member of his household resulting from the ordinary conduct of a business other than a controlled or dependent business. Nor shall disclosure be required of credit card transactions, retail installment contracts, debts on residences or recreational property exempt from disclosure under paragraph 5 of this subsection, debts on motor vehicles not used for commercial purposes, debts secured by cash values on life insurance or debts owed to relatives. It is sufficient disclosure of a creditor if the name and address of a person to whom payments are made is disclosed. If the local public officer, any member of his household or a controlled or dependent business incurred or discharged a debt which is reportable under this subsection during the preceding calendar year, the report shall disclose that the transaction was made and the date it occurred.
(7) The identification and amount of each debt exceeding one thousand dollars owed at any time during the preceding calendar year to the local public officer and member of his household in their own names, or to any other person for the use or benefit of the local public officer or any member of his household. The disclosure shall include the identification and amount of each debt exceeding ten thousand dollars to a controlled business or dependent business which was also more than thirty percent of the total indebtedness to the business at any time during the preceding calendar year. This paragraph shall not be construed to require the disclosure of debts from the ordinary conduct of a business other than a controlled or dependent business. If the local public officer, any member of his household or a controlled or dependent business incurred or discharged a debt which is reportable under this subsection during the preceding year, the report shall disclose that the transaction was made and the date it occurred.
(8) The name of each source of any gift, or accumulated gifts from a single source, or more than five hundred dollars received by the local public officer and members of his household in their own names during the preceding calendar year, or by any other person for the use or benefit of the local public officer or any member of his household except gifts received by will or by virtue of intestate succession, or received by way of distribution from any interviews or testamentary trust established by a spouse or by an ancestor, or gifts received from any other member of the household or relatives to the second degree of consanguinity. Political campaign contributions shall not be construed as gifts if otherwise publicly reported as political campaign contributions as required by law.
(9) A list of all business licenses issued, by the City of Phoenix, or by any other governmental agency which requires for its issuance the consideration of the application for such license by the Council of the City of Phoenix, to, held by or in which the local public officer or any member of his household had an interest at any time during the preceding calendar year, including the name in which the license was issued, the type of business and its location.
(10) A list of all bonds, together with their value, issued by the City of Phoenix, any industrial development authority of the City of Phoenix, or any nonprofit corporation organized or authorized by the City of Phoenix held at any time during the preceding calendar year by the local public officer or any member of his household, which bonds issued by a single entity had a value in excess of one thousand dollars. If the local public officer or any member of his household acquired or divested any bonds during the preceding calendar year which are reportable under this paragraph, the fact that the transaction occurred and the date shall also be shown.
(b) If an amount or value is required to be reported pursuant to this section, it is sufficient to report whether the amount or value of the equity interest falls within:
(1) Category 1, one thousand dollars to twenty-five thousand dollars.
(2) Category 2, more than twenty-five thousand dollars to one hundred thousand dollars.
(3) Category 3, more than one hundred thousand dollars.
(c) This section does not require the disclosure of any information that is privileged by law.
(d) The statement required to be filed pursuant to subsection a shall be filed by all persons who qualified as local public officers at any time during the preceding calendar year on or before January 31 of each year, with the exception that a local public officer appointed to fill a vacancy shall, within sixty days following his taking of such office, file a financial disclosure statement covering as his annual period the twelve-month period ending with the last full month prior to the date of his taking office.
(e) The City Clerk shall prepare written guidelines, forms and samples for completing the financial disclosure statement required by this section. A copy of the guidelines, forms and samples shall be distributed to each local public officer and shall be made available to each candidate required to file a financial disclosure statement pursuant to Section 12-1304 of this division.
(Ord. No. G-3358, § 1)
State law references: Similar provisions, A.R.S. § 38-542.
Sec. 12-1304. Duty to file financial disclosure statement by candidate for local office.
A candidate for local public office as specified in Section 12-1300, paragraph 6, shall file a financial disclosure statement covering the preceding twelve-month period and containing the information described in Section 12-1302 of this division on a form prescribed by the City Clerk at the time of filing nomination papers.
(Ord. No. G-3358, § 1)
State law references: Similar provisions, A.R.S. § 38-542.
Sec. 12-1306. Penalties.
Any public officer or candidate for public office who fails to file a financial disclosure statement required by Sections 12-1302 and 12-1304 of this division or who knowingly and intentionally files an incomplete financial disclosure statement or who knowingly and intentionally files a false financial disclosure statement is guilty of a Class 1 misdemeanor, and is subject to the penalties prescribed by State Law.
(Ord. No. G-3358, § 1; Ord. No. G-4893, § 1, adopted 5-4-2007, eff. 7-16-2007)
DIVISION 2.
CAMPAIGN FINANCE*------------
State law references: Campaign contributions and expenses, A.R.S. § 16-901 et seq.
------------
Sec. 12-1400. State law to govern campaign finance.
The applicable provisions of State law governing campaign finances shall apply to all City of Phoenix elections.
(Ord. No. G-4105, § 4, passed 6-24-1998, eff. 7-24-1998)
State law references: Campaign contributions and expenses, A.R.S. § 16-901 et seq.
Sec. 12-1401. Additional provisions.
(a) For any Political Committee that has failed to file three consecutive campaign finance reports with the City Clerk as prescribed by A.R.S. § 16-913, the City Clerk shall send the Committee Chairman and Treasurer a written notice of intent to suspend the Political Committee.
(b) The notice of intent to suspend shall state that failure of the Political Committee to fully comply with all filing requirements for that Committee, including any required payments, within thirty days of the date of the notice shall result in suspension of the Political Committee's authority to operate in the City of Phoenix.
(c) On suspension of the Political Committee's authority to operate, the City Clerk is no longer required to provide any further notice of delinquency to the Political Committee.
(d) This Section does not reduce or eliminate the Political Committee's continuing obligation, even after suspension, to make campaign finance filings and pay any fines, penalties, or other sanctions that may continue to accrue as otherwise provided by law.
(e) This Section does not apply to a candidate's campaign committee designated by that candidate pursuant to A.R.S. § 16-903, during that election cycle.
(Ord. No. G-5251, § 5, adopted 10-15-2008, eff. 12-10-2008)
Sec. 12-1402. Voluntary contribution/expenditure limitations; affidavit.
(a) In keeping with the spirit of open, honest, fair and equitable election campaigns sought to be promoted by this division, all candidates are requested and urged to limit their personal contributions, loans and expenditures in support of their own candidacy to forty thousand dollars for a candidate for the office of Mayor and five thousand dollars for a candidate for the office of City Council member.
(b) Also in keeping with the spirit of open, honest, fair and equitable election campaigns sought to be promoted by this division, all candidates and campaign committees for candidates for City elective office are requested and urged to limit total expenditures, including candidates' personal expenditures, in each election in support of any candidate's candidacy to two hundred fifty thousand dollars for a candidate for the office of Mayor and fifty thousand dollars for a candidate for the office of City Council member.
(c) At the time or any time after a candidate declares his candidacy, takes out nominating petitions or otherwise indicates he is a candidate for City elective office, the City Clerk shall make available to such candidate a form of affidavit for his signature by which he may express his intent and commitment to adhere to the limitations proposed in subsection a or b of this section or both. The City Clerk shall maintain and make available for public inspection all candidate contribution/expenditure affidavits executed and filed by candidates for City elective office.
(Ord. No. G-4105, § 4, passed 6-24-1998, eff. 7-24-1998)
Sec. 12-1404. Personal use of campaign funds prohibited.
Campaign funds, including surplus campaign funds, shall not be used for or converted to the personal use of a candidate or any person related to the candidate by blood or marriage. Prohibited uses of campaign funds include, but are not limited to, payment for: the salary of a candidate or a member of a candidate's immediate family; mortgage or rental payments for a personal residence; country club or athletic club dues; tuition payments; travel expenses unrelated to any political purpose; home improvements or home furnishings; medical expenses; clothing; grooming and personal investments. Nothing in this paragraph precludes the repayment of a loan made by a candidate to his campaign.
(Ord. No. G-4105, § 4, passed 6-24-1998, eff. 7-24-1998)
ARTICLE VII.
COUNCIL DISTRICTSSec. 12-1500. Council districts, establishment.
(a) There are hereby established eight geographical districts within the City.
(b) There shall be one Council member elected from each geographical district.