Elections – Dispensing with Primaries Carolyn Jagger, MMC Scottsdale City Clerk cjagger@scottsdaleaz.gov

Motivation for Change 2006: Fall 2008: New State law requires Scottsdale’s spring candidate elections to be held in the fall beginning in 2008 Fall 2008: September 2, 2008 (Primary Election) – two candidates for Mayor —neither received a majority of ballots cast (365 vote difference) November 4, 2008 (General Election) — Same two candidates for Mayor (590 vote difference)

Let’s not do that again . . . January 2009: Newly elected Mayor suggests forming a task force to recommend changes to the City Charter June 2009 – May 2010: Seven member Charter Review Task Force was appointed Task Force recommended 20 Charter amendments, including: Establishing a method for determining whether a candidate is elected at the primary based on total votes cast, rather than ballots cast Adding a means to forgo a Primary in the event that there were no more than two candidates for each vacancy in that office (based on Flagstaff Charter) A total of 19 Charter amendments were submitted to the voters on three separate ballots (March 2010, November 2010, and March 2012) – 18 were approved by the voters

Election Charter Amendments March 9, 2010 Special Election – Voters approved five charter amendments related to elections, including changing the name of our elections from General and Runoff to Primary and General. The two major changes were: Majority to Elect Calculation (Scottsdale Charter, Article 9, Section 5): “Any candidate who shall receive at the primary election, the number of votes constituting a majority of all the legal votes cast in that candidate’s race, shall be declared to be elected to the office for which he is a candidate, and no further elections shall be held as to said candidate.” “The majority of votes cast shall be determined by dividing the total number of legal votes cast in each candidate’s race by the number of seats to be filled, dividing that number in half, and rounding to the next highest whole number.” Dispensing with Primary (Scottsdale Charter, Article 9, Section 1): “In the event that no more than two candidates file nominating petitions for each vacancy in office, the primary election may be dispensed with as to that office.”

First Test – 2010 May 26, 2010 (filing deadline): Incumbent candidate died that morning Candidate 7 withdrew from Council race at 4:50 p.m. Six remaining candidates for three Council seats City Attorney noted that the new Charter language states the Primary may be dispensed with – need to go to Council for authorization to cancel June 3, 2010: Special Meeting to dispense with the Primary Election November 2, 2010: General Election for three Council seats

Let’s not do that again . . .

Call of Election – City Clerk Authority Council adopts one resolution calling the election(s), which authorizes the Clerk to: Determine the manner (traditional or mail ballot) in which the election(s) shall be conducted and sign Maricopa County’s Menu of Services agreement Appoint election boards Combine the candidate information pamphlet with the publicity pamphlet (if any) Postpone the election canvass from day to day until all returns are received, or until six postponements have been made Interested in adding these to your call of election resolution? Be sure to check with your attorney!

This should do the trick . . . Provision added to the Call of Election resolution authorizing the Clerk to: Take all necessary actions to dispense with the Primary Election as to offices, including: (1) Notify the Council in writing within 24 hours of making a determination that a Primary Election may be cancelled, Council may call a Special Meeting within 48 hours; if no meeting called, the Primary Election shall be deemed cancelled (2) Publish Primary Election cancellation notice

Second Test - 2016 April 5, 2016: Council calls Special Election (Charter amendment) to run concurrently with August 30, 2016 Primary Election May 31, 2016: Every indication there will be a mayoral primary with three candidates; four Council candidates will advance to General June 1, 2016: (Only) Two candidates file for Mayor Four candidates file for Council City Clerk takes necessary steps to cancel August 30, 2016 Primary/Special Election and move the Charter amendment to the November General Election ballot

However . . . County begins building the Primary ballots approximately 15 days before the deadline for filing candidate petitions $5,000 cost for “rebuilding” the ballots for 12 split precincts Even though not required - Scottsdale will staff and fund an early voting site for Primary Work that was done for the Primary had to be redone for the General

Is it worth it? Taxpayers - $150,000 savings (per election). August 30, 2016 Primary Election Day in the Scottsdale City Clerk’s Office: Questions?