RECALL ELECTIONSJuly 17, 2014

Δ

Agenda• Background• Packet• Required Signatures – Percentages• Receipt of Petitions• County Verification• Challenge• Notification of Officer Being Recalled• Call of Election• Other Candidates• Election

Arizona ConstitutionArticle VIII, Part 1•Every public officer holding an elective

office by election OR appointment is subject to recall.

•ARS §19-203▫The recall petition must contain a general

statement of no more than 200 words describing grounds of demand.

Grounds can be anything▫Petitions must be filed with the Clerk within

120 days after submission of application.

Restrictions on Recall PetitionsArt. VIII Part 1 §5• Petition may be circulated once official has

been in office for six months of FIRST term.• After one recall petition and election, no further

recall petition shall be filed against the same officer during his term UNLESS the petitioners, at the time of application, pay into the public treasury all election expenses of the preceding election.

• ARS §19-205.02 - Petitions circulated by a county recorder or justice of the peace are void.

• ARS §19-202(C) - Signatures obtained before the filing of a committee’s Statement of Organization are void.

Recall ProceduresPacket

• Have a Recall Packet already prepared to include:▫Memo to Applicants of Initiative, Reference or

Recall Serial Number▫Political Committee Statement of Organization

Or $250/$500 Exemption Statement▫Application for Recall Petition Serial Number▫Recall Petition▫Initiative, Referendum & Recall Handbook (SOS)▫Nomination Petition for Recall Election▫Nomination Paper

Recall ProceduresPacket

• Recall Packet (continued)▫Candidate Checklist▫Financial Disclosure Statement▫Campaign Contributions & Expenses

Handbook (SOS)▫Campaign Finance Report Handbook of

Instructions (League)▫Campaign Finance Report Cover Sheets▫Campaign Finance Report Forms▫Political Committee No Activity Statement▫Political Committee Termination Statement

Recall Procedures Application

•Completed application submitted▫Must include petition ▫NEW HB2305 – §19-202.01▫RECOMMENDATION: Require submittal of a

Statement of Organization/$500 Exemption before assigning a Petition #

•Clerk assigns a number (Example: REC2014-001)▫Date/Time Stamp – Becomes Official▫NEW HB2305 – §19-203

•Clerk provides signature requirements

Percentage

•TIP: Have signature requirements ready•Recall petitions require 25% of all votes

cast at last GENERAL election for all candidates for OFFICE held by such officer▫Example: In Cave Creek, the last General

Election at which a Council Member was elected was in 2013 Total votes cast for 5 candidates = 4,684 4,684 ÷ 4 (seats) = 1,171 1,171 x 25%=

292.75 OR 293 signatures required

Recall ProceduresReceipt of Petitions

•If possible, schedule a time to meet to receive completed petitions.

•When petitions are filed, issue an Initial Receipt indicating the number of petitions and estimated number of signatures. RECOMMENDATION

Recall ProceduresReceipt of Petitions (§19-208.01/§19-

121.01A)

• Within 10 days the Clerk must remove:▫ Those sheets not attached to a copy of the COMPLETE

title/text of measure THAT IS MARKED BY OFFICIAL DATE/TIME OF RECEIPT

▫ The copy of the title and text from the remaining petition sheets

▫ Those sheets not bearing the petition serial number in the lower right-hand corner of each side

▫ Those sheets containing a circulator’s affidavit that is not completed or signed

▫ Those sheets on which the affidavit of circulator is not notarized, the notary’s signature is missing, the notary’s commission has expired or the notary’s seal is not affixed

▫ Those sheets on which signatures of circulator or notary are dated earlier than dates on which electors signed the face of the petition

▫ Those sheets circulated by a circulator who has been convicted of petition signature fraud under ARS §19-119.01

Recall ProceduresReceipt of Petitions (§19-208.01/§19-

121.01A)

• Clerk then removes, by marking an “SS” in red ink in the margin to the right of the signature line:▫ If the signature of the qualified elector is missing▫ If the residence address or description of

residence location is missing▫ If the date on which petitioner signed is missing▫Signatures in excess of fifteen signatures per

petition▫Signatures withdrawn pursuant to ARS §19-113▫Signatures for which the clerk determines the

petition circulator printed the elector’s first/last names or other information

Recall ProceduresReceipt of Petitions (§19-208.01/§19-

121.01A)

• After above steps, the Clerk:▫Counts the number of remaining signatures to

verify on each sheet and place that number in the upper RIGHT-hand corner of petition

▫Numbers the remaining petition sheets that were not previously removed and that contain signatures eligible for verification in consecutive order on the front side of each petition sheet in the upper LEFT-hand corner

▫Counts all remaining petition sheets and signatures not previously removed and issues a receipt to the applicant of this total number eligible for verification

Recall ProceduresReceipt of Petitions (§19-208.01)

• If the total number of signatures eligible for verification equals or exceeds the required number, the Clerk shall:▫reproduce a copy of the front of each signature

sheet on which any signature eligible for verification appears

▫transmit copies of petitions to County Recorder▫certify the number of sheets and signatures

being transmitted and retain in office (Attachment 1)

▫obtain a dated, signed receipt from County Recorder (Attachment 2)

Recall ProceduresReceipt of Petitions (§19-208.02)

•The County Recorder has 60 days after receipt to check the signatures or affidavits and report back to the Clerk.

•The Recorder certifies the number of valid signatures and returns the signature sheets to the Clerk, obtaining a dated, signed receipt.

Recall ProceduresAfter County verification (§19-

208.03)

• Once the Recorder returns the certification and petitions, the Clerk has 5 days (excluding S/S/LH) to determine if sufficient, verified signatures to qualify for recall.

• If there are sufficient signatures, the Clerk officially files the petition and notifies the Mayor/Council that recall will be placed on ballot. (Attachment 3)

• If there are NOT sufficient signatures, the petitions are returned to those submitting them along with a notice of why they were not sufficient.

Recall ProceduresChallenge (§19-208.04B)

•If an elector wishes to challenge the number of signatures certified by the County Recorder, they must commence an action in Superior Court within 10 calendar days of when the County Recorder notifies the Clerk of the number of signatures. The Superior Court decision may be appealed to the State Supreme Court.

Recall ProceduresNotification (§19-207)

• Within 48 hours after official filing (excluding S/S/LH) the Clerk must notify in writing the officer that a recall petition has been filed against him.

• The notice states that a petition has been filed, the grounds, and information concerning the officer’s right to defend their conduct in writing.

• The officer has 10 days to file a statement of not more than 200 words defending their official conduct. If filed, it is printed on the ballot at the time of the recall election.

Recall ProceduresCall of Election (§19-209)

•If officer does not resign within 5 days from date of filing (excluding S/S/LH) the Clerk calls an election within 15 days.

•The election must be held on the next consolidated election date that is 90 or more days after the call.

•Officer’s name automatically appears on ballot if he does not resign.

•Notice of Recall Election to Governor and County Recorder (Attachment 4)

Recall ProceduresOther candidates (§19-212)

• Must be nominated by petitions containing signatures of qualified electors of at least 2% of total votes cast for all candidates for that office in the last election for that office

• Filing deadlines for nomination in recall election different and must be filed not more than 90 nor less than 60 days prior to date of election

• Form of petition – ARS §19-212(B)• Statements on Recall Petitions and officer’s

response (if filed) also appear on the ballot• If multiple officers have been recalled,

candidates must indicate on their petition which officer they are running against

Recall ProceduresElection (§19-214/§19-216)

•A recall election board is constituted in the same manner as a regular election board▫1 inspector, 2 judges, 2 clerks

•Election is conducted in the same manner as prescribed for the general election

•Candidate receiving the largest number of votes serves for the remainder of term, on completion of the canvass

•Winner has 5 days to qualify (file Oath of Office) - If not, office becomes vacant

RECALL ELECTIONS

•Questions?