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Overview of Election Process

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Presentation on theme: "Overview of Election Process"— Presentation transcript:

1 Overview of Election Process
July 26, 2017 Presented by Elizabeth A. Burke, MMC

2 Agenda CALENDAR DETERMINING A MAJORITY RECOUNT VACANCY CALCULATING SIGNATURE REQUIREMENTS QUESTIONS

3 JANUARY 1 BEST PRACTICES LEGAL REQUIREMENTS
Clerk have ready for distribution: Nomination Paper, Affidavit of Qualification and Campaign Finance Laws Statement (1-page document) Nomination Petitions Financial Disclosure Forms Campaign Finance Information and Forms Political Committee Statement of Organization* Review Packet with Candidate/Representative and Have Receipt Signed (Have signature requirements determined by this time for all election types) LEGAL REQUIREMENTS Deadline to have packet of materials ready is April 30 *Statement of Organization – file on May 30 (conflicts) In the Elections Manual there are two different types of election calendars text table Review each of these to see which type you prefer – or use as a reference to create your own CALENDAR – For even numbered fall elections Statutes just state when candidates must file their paperwork so we consider the LEGAL REQUIREMENT to be when that First filing date is HOWEVER Best Practices – your Council and/or public may dictate when you have packets available Candidates do not have to get their paperwork through you – ENCOURAGE them to however Statement of Organization – Conflicting wording – IF they need to file a SOO, they should do so prior to circulating petitions; however, statutes only state it is to be filed with other paperwork – $1,100 – spend or receive TOTAL increases every odd-numbered year

4 PUBLICATION – CALL OF ELECTION Primary/General Election [optional]
BEST PRACTICES January 14 [OPTIONAL] First publication for weekly paper 2 times for a weekly paper January 18 [OPTIONAL] First publication for daily paper 4 times for a daily paper January 21 [OPTIONAL] Second publication for weekly paper Fourth time for a daily paper LEGAL REQUIREMENTS [OPTIONAL – But if you do publish, you should follow publication statutes] Most cities/towns are not required to publish a Call of Election This is up to your community. If you do, here are some proposed dates to help spread the word – whenever you have packets available It is not required, but if you do publish a Call, you should follow statutes

5 JANUARY 15 APRIL 15 Election Year: BEST PRACTICES Election Year:
2018 CUMULATIVE CAMPAIGN FINANCE REPORT DUE (01/01/17 – 12/31/17) BEST PRACTICES Send reminders to all committees APRIL 15 Election Year: 2018 1st QUARTER CAMPAIGN FINANCE REPORT DUE (01/01/18 – 03/31/18) BEST PRACTICES Send reminders to all committees Cris will be going through Campaign Finance in much more detail, but these are the dates for an election year

6 JUNE 29 APRIL 30 - MAY 30 Candidates file: Role of the Clerk
Nomination Paper, Affidavit of Qualification and Campaign Finance Laws Statement (1-page) Nomination Petitions (with number of required signatures) Financial Disclosure form Political Committee Statement of Organization* (See 01/01) BEST PRACTICES Encourage candidates to schedule an appointment Role of the Clerk Items you provided in packet are now due. (count, no review of signatures but don’t count if a signature is missing; charter cities may have different requirements including verification) In Flagstaff, we use a tally sheet to count number of signatures and then we provide a receipt to the candidate Your role is the filing officer – don’t reject if believe person is not qualified, the challenge process is established in statute Meet with County much earlier JUNE 29 Deadline to Contract with County for Services BEST PRACTICES Meet much earlier with County to discuss contract/services and determine timelines for ballot proofs

7 JULY 13 Primary Election: Prepare and mail proof of sample ballot to candidates JULY 15 Election Year: 2018 2ND QUARTER CAMPAIGN FINANCE REPORT DUE (04/01/18 – 06/30/18) BEST PRACTICES Send reminders to all committees JULY 19 Primary Election: Nomination papers from write-in candidates due Sample ballot to candidates – try to negotiate with the county to get ballot earlier so there is more time to proof. On the July 13 day, emphasize that this is a date to be worked out between the clerk and county. Since we are now working with the counties during statewide elections, they will no doubt have to have the ballots ready earlier to accommodate overseas voters, etc. so it’s good to coordinate that date. (We do our proof of ballot via ) Nomination Papers for write-in candidates due – 40 days before the election Hopefully there are no circumstances making you wait until the deadline date. This is statutory deadline – you should have met with County much sooner than this to agree on dates and work through contract JULY 26 Primary Election: Post notice sample ballots available

8 JULY 30 AUGUST 17 AUGUST 18 Primary Election:
County voter registration closes AUGUST 17 Primary Election: Publish city or town financial statement AUGUST 18 . City/Town Financial Statement – The League gets a lot of questions about this one from you and your finance directors. (archaic language in statute – use Schedule A of Budget Form; template is in the Manual) Some charter cities – if no primary – need to publish 10 days prior to General Election Primary Election: 2018 PRE-ELECTION CAMPAIGN FINANCE REPORT DUE (07/01/18 – 08/11/18) BEST PRACTICES Send reminders to all committees

9 AUGUST 28 Primary Election Day! Calculation of who wins at primary
Separate calculation for mayor if directly elected Existing ordinances Charter cities Districts Adding the total number of votes cast for all candidates for an office; dividing that sum by the number of seats to be filled at the election and then dividing the result of that calculation by two and rounding the number to the highest whole number. Separate calculation for Mayor if directly elected - If you have a directly elected mayor, you will calculate the office of mayor separately from the office of councilmember to determine who wins at the primary. Existing ordinances for general law cities only Charter cities Districts - If you have district elections, you will do the calculation for each district separately.

10 AUGUST 28 (Cont’d) By way of example, 7 candidates are running for 3 council seats and their vote totals are as follows:             John Smith      100             Mary Smith                 John Doe                     Mary Doe                    John Jones                   Mary Jones                  Qualified write-in                  TOTAL 445 445 is then divided by three, the number of seats to be filled, which comes to and that result is then divided by two and rounded up to a whole number which means that a candidate receiving 75 or more votes would win at the primary.  So John Smith, Mary Smith and John Doe would fill the 3 seats.  If more candidates than there are offices to be filled had received 75 votes or more, then the top three would be declared winners. If no one receives a majority, you take the names of the top two vote getters for each number of seats and move them to the General Election ballot. (Total votes cast – not valid ballots cast unless charter city; remember an automatic recount is required if the difference is the lesser of the following: 1. One-tenth of one percent of number of votes cast for both candidates or measures/proposals 6. Ten votes in the case of an office to be filled by electors of city/town We’ll cover recounts further in a few slides Review different examples – what if only one candidates receives a majority – two?

11 SEPTEMBER 17 SEPTEMBER 21 SEPTEMBER 27 Council meets to canvass vote
Primary Election: Council meets to canvass vote SEPTEMBER 21 General Election: Prepare and mail proof of sample ballot to candidates SEPTEMBER 27 Remember to work with your county as far as the sample ballots are concerned General Election: Nomination papers from write-in candidates due

12 OCTOBER 8 OCTOBER 10 OCTOBER 15 County voter registration closes
General Election: County voter registration closes OCTOBER 10 General Election: Post notice sample ballots available OCTOBER 15 2018 3RD QUARTER (POST-ELECTION) CAMPAIGN FINANCE REPORT DUE (08/12/18 – 09/30/18) BEST PRACTICES Send reminders to all committees

13 OCTOBER 27 November 6 General Election Day! BEST PRACTICES
2018 PRE-ELECTION CAMPAIGN FINANCE REPORT DUE (10/01/18 – 10/20/18) BEST PRACTICES Send reminders to all committees November 6 General Election Day!

14 November 26 January 15, 2019 Council meets to canvass vote
General Election: Council meets to canvass vote BEST PRACTICES Determine signature requirements for future elections January 15, 2019 2018 4TH QUARTER (POST-ELECTION) CAMPAIGN FINANCE REPORT DUE (10/21/18 – 12/31/18) BEST PRACTICES Send reminders to all committees We’ll go through the process for determining signature requirements in just a minute, but first I want to address a few questions we’ve been asked to address

15 RECOUNT? A.R.S. TITLE 16, Chapter 4, article 12
A.R.S. § Automatic recount; requirements; exemptions Less than or equal to the lesser of the following: 1. One-tenth of one percent of number of votes cast for both candidates or measures/proposals 6. Ten votes in the case of an office to be filled by electors of city/town A.R.S. § Certification to superior court of facts requiring recount “…the city or town council of that city or town shall certify the facts requiring a recount to the superior court in the county in which the canvass was conducted.” Superior Court will order the recount For example, if the votes cast for Candidate A was 3,005 and Candidate B was 2,995, the total votes is 6,000. While the margin is 10 votes, you must also calculate the percentage under the statute: one-tenth of one percent of 6,000 is 6 votes and since this is lesser than 10, a recount is not required under this circumstance because the margin between the candidates is not within 6. The cost of a recount is the city or town’s responsibility. If a recount is performed, it is accomplished by order of the superior court.

16 FILLING A VACANCY A.R.S. Title 9, chapter 2, article 4
A.R.S. §9-235 VACANCIES IN COUNCIL Ask: 1) Are there more than two years left on the term? 2) Did the vacancy occur more than 30 days before nomination petitions are due for regular election? If YES to both,  A separate nomination petition must be prepared for a 2-year term  Clerk should print TWO-YEAR TERM on the top of the petition  On the ballot, there must be a separate section for the 2-year term If NO to either,  Council may determine process for appointment to fill the unexpired term and proceed

17 FILLING A VACANCY A.R.S. Title 9, chapter 2, article 4
EXAMPLE #1: Councilmember is elected on November 8, 2016 for a four-year term Councilmember resigns from term on October 1, 2018 Candidate packets for 2018 election are due by May 30, ) Are there more than two years left on the term? 2) Did the vacancy occur more than 30 days before nomination petitions are due for regular election? EXAMPLE #2: Councilmember resigns from term on April 1, 2018

18 AFTER CANVASS – PREPARE FOR FUTURE
CANDIDATE ELECTIONS – 2018 INITIATIVE REFERENDUM RECALL MAYOR COUNCILMEMBER After your canvass is complete: Best Practice – Take a copy of your canvass and determine the future signature requirements: HANDOUT One side is a copy of the front of our canvass Second side is our calculation for future requirements

19 Calculating Nomination Petition signature requirement
FOR CITIES WITH DIRECTLY ELECTED MAYOR For Mayor and Council elected at large At least 5% and not more than 10% of total vote cast in the City for MAYOR in the last preceding election For Council district elections At least 5% and not more than 10% of total vote cast in the District for MAYOR in the last preceding election Add the votes cast for the candidates for the office of mayor including qualified write-ins at the last election and calculate percentage 1. Directly elected mayor - (always base on the last mayoral election) Mayor and Council elected at large - (Votes cast – only those cast, not under/over vote) UNLESS ALTERNATE ORDINANCE HAS BEEN ADOPTED

20 Calculating Nomination Petition signature requirement (Cont’d)
FOR CITIES WITH DIRECTLY ELECTED MAYOR EXAMPLE: 11/08/2016 Total Votes Cast for Mayor 26,255 5% = 1,312.7 OR 1,313 MIN 10% = 2,625.5 OR 2,626 MAX 1. Directly elected mayor - (always base on the last mayoral election) Mayor and Council elected at large - (Votes cast – only those cast, not under/over vote)

21 Calculating Nomination Petition signature requirement (cont’d)
FOR CITIES W/OUT A DIRECTLY ELECTED MAYOR At least 5% and not more than 10% of vote cast in the City for the COUNCILMEMBER receiving the highest vote at the last preceding election FOR TOWNS At least 5% and not more than 10% of vote cast in the Town for the COUNCILMEMBER receiving the highest vote at the last preceding election LOCAL ORDINANCE OPTION??

22 Calculation OF SIGNATURES FOR INITIATIVE, REFERENDUM AND RECALL PETITIONS (cont’d)
INITIATIVES AND REFERENDUMS Total number of VALID BALLOTS CAST at the last city or town election where a mayor or at large councilmember was elected: For initiatives, 15%; for referendum, 10% Can pass local ordinance to use something other than valid ballots as the basis for the calculation for initiatives only (Valid Ballots is all ballots – includes under/over votes)

23 Calculation OF SIGNATURES FOR INITIATIVE, REFERENDUM AND RECALL PETITIONS (Cont’d)
EXAMPLES: INITIATIVES 11/08/2016 Total Ballots Cast 29,401 x 15% = OR ,411 REQUIRED REFERENDUMS 11/08/2016 Total Ballots Cast 29,401 x 10% = 2,940.1 OR 2,941 REQUIRED (Valid Ballots is all ballots – includes under/over votes)

24 Calculation OF SIGNATURES FOR INITIATIVE, REFERENDUM AND RECALL PETITIONS (cont.)
FOR MAYOR OR DISTRICT COUNCILMEMBER Add actual votes cast for all candidates including qualified write-ins for the office at the last general election and multiply by 25% FOR AT LARGE COUNCILMEMBER Add actual votes cast for all council candidates including qualified write-ins at the last general election. Divide by the number of offices filled at that election and then multiply the result by 25% If haven’t had a general election in years, talk to attorney. Use general election (even if years ago) versus a more recent election. Recent legislation enacted strict compliance standard for recalls.

25 Calculation OF SIGNATURES FOR INITIATIVE, REFERENDUM AND RECALL PETITIONS (cont.)
EXAMPLES: MAYOR 11/08/ Total Votes Cast ,255 / 1 = 26,255 x 25% = 6, OR ,564 REQUIRED COUNCILMEMBER 11/08/ Total Votes Cast ,525 / 3 = 20, X 25% = 5, OR 5,211 REQUIRED If haven’t had a general election in years, talk to attorney. Use general election (even if years ago) versus a more recent election. Recent legislation enacted strict compliance standard for recalls.

26 Questions


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