Legal Corner: Election Law Changes for the 2020 Fall Election Cycle
August 27, 2019 is the effective date of legislation from this past session and a number of changes were made to election laws that impact cities and towns. This article highlights the provisions that will begin in the 2020 election cycle that impact pre and post-election processes.
Candidate Statement of Interest
The Legislature passed Senate Bill (SB) 1451, which established a new requirement that applies to municipal candidates. Beginning on August 27, 2019, for a candidate who has not started circulating a nomination petition, the candidate must file a Statement of Interest prior to collecting signatures on a candidate petition. The Statement requires the candidate to provide the candidate’s name and office sought. If the Statement is not filed before signatures are collected, those nomination petition signatures are invalid and subject to challenge. However, for any candidate who has been circulating petitions prior to August 27th, SB 1451 requires the candidate to file the Statement of Interest by January 2, 2020.
Candidate Nomination Filing Period
Senate Bill 1154 moved up the candidate filing period by 30 days. A candidate must file the nomination paper (including the declaration of qualification and eligibility), nomination petitions, and financial disclosure statement 120 to 150 days prior to the primary election. Candidates for the 2020 Fall election are now required to file their nomination paperwork between March 9 and April 6, 2020.
Calling an Election
Although a formal call of an election is not required by cities and towns under A.R.S. §§ 16-226 and 16-227, SB 1154 requires a city or town to notify the county at least 150 days prior to an election if the election will be administered by the county. This notification requirement does not apply to recall elections.
Candidate Challenges
Arizona law provides a ten-day period after the filing deadline for any elector to file a court action challenging the nomination of a candidate (A.R.S. § 16-351). House Bill (HB) 2236 requires an election official who performs petition signature verifications for candidate nomination petition challenges to provide testimony and evidence at the court hearings. While this codifies a current practice, it may limit the flexibility of clerks and attorneys who manage multiple challenges during this tight timeframe following the filing period.
Early Voting Identification Requirements
The Legislature established identification requirements in SB 1072 for voters who appear at an on-site early voting location prior to election day. Many cities and towns utilize their city and town halls as early voting location sites and if the county is managing your election, it is important to discuss these requirements and any new county processes to implement the new law. The identification requirements are the same as the requirements to vote at a polling place on election day in A.R.S. § 16-579 and also apply to emergency voting via SB 1090.
Early Ballot Cure Period
SB 1054 establishes a cure period for a voter if the signature on the early ballot affidavit envelope is inconsistent with the signature in the voter registration database. The election official must make reasonable efforts to contact the voter and allow the voter to correct or confirm the signature for five days after an election that includes a federal office, or three days for all other elections. Once this cure period passes, the counties can finalize and provide the necessary information to the clerks to complete the canvass.
August Primary Election Date
Beginning in 2020, SB 1154 moves the August consolidated election date associated with the primary election 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.
The legislation includes a provision for those 2020 Fall candidates who have begun collecting signatures on a nomination petition form before August 27, 2019. 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 (See Section 16 of the SB 1154).
Write-In Candidates
HB 2134 requires a write-in candidate in a nonpartisan election to receive at least the same number of votes as the number of signatures required for nominating petitions for the same office in order to advance to the runoff election or obtain a certificate of election. This was the standard for state primaries and followed by many of the cities and towns when calculating if a runoff election was required. This statutory change codifies the practice to provide consistency to cities and towns.
Other Election Changes
HB 2338 requires the Secretary of State to issue the State’s Procedures Manual to the Governor and Attorney General for review by October 1st of odd-numbered years and for the Manual to be completed by December 31st in the year preceding the general election. While the Manual primarily provides instructions to the counties, it impacts municipal elections relating to candidate nominations, campaign finance enforcement, ballot-by-mail elections, and general processes for certifying election results. The Manual is posted on the Secretary’s website and public comment is open until September 6, 2019.
It is important to note that the change of the August primary election date affects other election processes that are tied to the date including the primary election voter registration deadline, mailing of early ballots, posting of political signs, and the filing of pre and post-primary campaign finance reports. In addition to your clerk and attorney, the League is available to provide information and assist your city or town to navigate these new requirements and timeframes in the upcoming 2020 election year.
