Legal Corner: Recap of Significant Election Law Changes

Eighty-two cities and towns hold their regular candidate elections in the Fall of even-numbered years. While the November general election date has remained fixed in Article VII, Section 11 of the Arizona Constitution, the primary election date has fluctuated over the years and is once again being moved this legislative session in Senate Bill (SB) 1154. This article highlights the impact of this change and discusses the other provisions that will affect elections in cities and towns.

Primary Election Date
Arizona law specifies that there are four consolidated election dates in March, May, August and November. Beginning in 2020, the August date associated with the primary election moves from the tenth Tuesday prior to the general or special election to the first Tuesday in August. Prior to this bill, the 2020 Fall primary election was scheduled for August 25 and under SB1154, the new Fall primary election date is August 4, 2020.

Due to the primary election date moving up three weeks, other election statutes are impacted. Although the bill does not address political signs, A.R.S. §16-1019 prohibits cities and towns from removing signs 60 days before the primary and ending 15 days after the general election (or 15 days after the primary if the candidate doesn’t advance to the general election). Due to the primary date change, signs can be posted three weeks earlier because the 60-day provision is based on the new date.

Additionally, the voter registration deadline moves from July 27 to July 6, the beginning of early voting moves from July 29 to July 8, and the pre-primary campaign finance report, which is due 10 days prior to the election, will also move up three weeks and is due on July 27 instead of August 17.

Candidate Nomination Filing Period
Current law requires candidates to file their nomination paper (including the declaration of qualification and eligibility), nomination petitions, and financial disclosure statement 90 to 120 days before the primary election pursuant to A.R.S. § 16-311. Beginning in 2020, SB1154 changes the candidate nomination filing period to 120 to 150 days prior to the election. With the three-week change in the primary date and this thirty-day change in the filing period, candidates for the 2020 Fall election are required to file their nomination paperwork between March 9 and April 6, 2020.

The legislation includes a provision for those 2020 Fall candidates who have begun collecting signatures on a nomination petition form before the general effective date of this bill (to be determined when the Legislature adjourns). The candidate may lawfully submit signatures obtained prior to this legislative change even if the petition form includes the former primary election date and those signatures cannot be ruled invalid due solely to the changed date of the primary election.

Other Election Changes
For cities and towns holding elections that are not held with the state’s general election such as special elections, A.R.S. § 16-226 requires the municipality to notify the county of the municipality’s call of election 120 days prior to the election. SB1154 moves this date 30 days and requires notification to the county 150 days before the election. However, the bill clarifies that this requirement does not apply to recall elections since those elections operate differently than regular candidate elections.

Finally, the bill makes numerous conforming changes to dates relating to the county’s responsibility to establish precincts and count registered voters and changes the filing period for political party recognition.

Charter Cities
If your charter city is currently aligned with the State’s Fall even-numbered election but your charter provisions will no longer match the primary election or nomination filing period dates in SB1154, session law in the bill allows your city to call for a special election in August or November this year to amend your charter with only 90-day notice to the county if managing your city’s election.

Conclusion
SB1154 changes the primary election date and nomination filing period for next year’s Fall elections. It is important for all elected officials to be aware of these new dates and how they impact your city and town. The League will issue an updated Election Manual later this summer and provide training to municipal staff to prepare for the 2020 election cycle.