SB 1687 — ESAs; returned monies; administrative costs

Arizona courts have recognized that the Constitution of Arizona requires the legislature's involvement in issues relating to elections conducted by charter cities, including initiative and referendum elections, the method of elections other than by ballot, laws relating to primary elections, voter registration laws to prevent abuse and fraud and campaign finance laws.

The legislature finds that the conduct of elections described in this section is a matter of statewide concern.

B.

Notwithstanding any other law, a city or town shall not hold any election on candidates for which there is any indication on the ballot of the source of the candidacy or of the support of the candidate.

C.

Notwithstanding any other law, for any city or town that provides for election of city or town council members by district, ward, precinct or other geographical designation, only those voters who are qualified electors of the district, ward, precinct or other geographic designation are eligible to vote for that council member candidate in the city or town's primary, general, runoff or other election.

D.

Notwithstanding any other law or any charter provision, a city or town may by ordinance provide that at the primary election any candidate for the office of mayor or city council who receives a majority of all votes cast at that election for that office shall be declared elected to the office for which the person is a candidate, effective as of the date of the CANVASS OF THE general election, and a further election may not be held as to such candidate, except that if the person holding the office of mayor or city council at the time of the primary election is holding that office by appointment as prescribed by section 9-235, the following apply:

1.

A candidate for the remainder of that term in office who receives a majority of all votes cast at the primary election both:

(a) Shall be declared elected after the canvass and certification of the results of that primary election and on taking the oath of office.

(b) Shall be seated in accordance with subsection E of this section.

2.

A candidate for a new term in that office who receives a majority of all votes cast at the primary election both:

(a) Shall be declared elected to the new term of office, effective after the canvass and certification of the results of that primary election and on taking the oath of office.

(b) May be seated to complete the remainder of THE existing term in accordance with subsection E of this section.

E.

If more than one candidate receives a majority of all votes cast at the primary ELECTION for an office that is currently being served by a - 2 - S.B.

1687 person who is appointed as provided in subsection D of this section, the order of seating the candidates shall be determined by the highest number of votes.

F.

For the purposes of subsection SUBSECTIONS D AND E of this section, the majority of votes cast is determined by:

1.

Calculating the total number of actual votes cast for all candidates for an office whose names were lawfully on the ballot for that office.

2.

Dividing the sum reached pursuant to paragraph 1 of this subsection by the number of seats to be filled for the office.

3.

Dividing the number reached pursuant to paragraph 2 of this subsection by two and rounding that number to the highest whole number.

G.

If more candidates receive a majority of votes cast than there are seats to be filled for the office pursuant to subsection D of this section, from among those candidates who receive a majority of votes cast, the candidates who receive the highest number of votes equal to the number of seats to be filled for the office shall be declared elected to that office.

H.

If at the primary election no candidate receives the majority of the votes cast or the number of seats to be filled for the office is more than the number of candidates who receive a majority of votes cast, of the candidates who did not receive a majority of votes cast, the number of candidates who advance to the general or runoff election shall be equal in number to twice the number of seats to be filled for the office and the candidates who received the highest number of votes for the office shall be the only candidates at the general or runoff election.

If more than one candidate received an equal number of votes and that number was the highest number of votes for the office, then all candidates receiving the equal number of votes shall be candidates at the general or runoff election.

The candidates equal in number to the seats to be filled for the office who receive the highest number of votes at the general or runoff election shall be declared elected to that office, EFFECTIVE AS OF THE DATE OF THE CANVASS OF THE GENERAL ELECTION.

If two or more candidates receive an equal number of votes cast for the same office, and a higher number than any other candidate, the candidate who shall be declared elected shall be determined by lot in the presence of the candidates.

A write-in candidate may not advance to the general or runoff election if the write-in candidate did not receive a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.

I.

In addition to subsection D of this section, any town with a population of five thousand persons or less may by majority vote of the qualified electors of the town voting on the question provide that at the primary election those candidates receiving the highest number of votes for the offices to be filled shall be declared elected to the office, and - 3 - S.B.

1687 a further election may not be held if at least three-fifths of the seats are filled by persons receiving a majority of the votes cast as provided in subsection D of this section.

Sec.

4.

Section 15-503, Arizona Revised Statutes, is amended to read:

15-503.

Superintendents, principals, head teachers and school psychologists;

terms of employment;

evaluation;

contract delivery and acceptance;

nonretention notice A.

The A SCHOOL DISTRICT governing board may:

1.

Employ a superintendent or principal, or both.

If the governing board employs a superintendent, the governing board shall determine the qualifications for the superintendent by action taken at a public meeting.

The governing board shall require a superintendent to have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1.

2.

Appoint a head teacher.

3.

Jointly with another governing board employ a superintendent or a principal, or both.

If the governing board jointly employs a superintendent, the governing boards shall jointly determine the qualifications for the superintendent by action taken at a public meeting.

The governing boards shall require a superintendent to have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1.

B.

The term of employment of superintendents may be for any period not exceeding three years, except that if the superintendent's contract with the school district is for multiple years pursuant to this subsection, the school district shall not offer to extend or renegotiate the contract until no earlier than fifteen months before the expiration of the contract EXPIRES.

The term of employment of principals may be for any period not exceeding three years, except that if the principal's contract with the school district is for multiple years the school district shall not offer to extend or negotiate the contract until May of the year preceding the final year of the contract.

The school district governing board or the CHARTER SCHOOL governing body of the charter school shall communicate the superintendent's or principal's duties with respect to the classroom site fund established by section 15-977.

C.

The governing board shall establish systems for the evaluation of the performance of principals and other school administrators and certificated school psychologists in the school district.

In the development DEVELOPING and adoption of ADOPTING these performance evaluation systems, the governing board shall avail itself of the advice of its administrators and certificated school psychologists.

Each evaluation shall include recommendations as to areas of improvement in the performance of the certificated school psychologist if the performance of - 4 - S.B.

1687 the certificated school psychologist warrants improvement.

After transmittal of an assessment, a governing board designee shall confer with the certificated school psychologist to make specific recommendations as to areas of improvement in the certificated school psychologist's performance.

The governing board designee shall provide assistance and opportunities for the certificated school psychologist to improve performance and shall follow up with the certificated school psychologist after a reasonable period of time for the purpose of ascertaining that the certificated school psychologist is demonstrating adequate performance.

The evaluation process for certificated school psychologists shall include appeal procedures for certificated school psychologists who disagree with the evaluation of their performance, if the evaluation is for use as criteria for establishing compensation or dismissal.

D.

On or before May 15 each year, the governing board shall offer a contract for the next school year to each certified administrator and certificated school psychologist who is in the last year of the person's contract unless, on or before April 15, the governing board, a member of the board acting on behalf of the governing board or the superintendent of the school district gives notice to the administrator or certificated school psychologist of the governing board's intention not to offer a new contract.

If, THROUGH 2031, the governing board has called for an override election for the third Tuesday in May, OR BEGINNING IN 2032, THE GOVERNING BOARD HAS CALLED FOR AN OVERRIDE ELECTION ON THE TUESDAY BEFORE THE LAST MONDAY IN MAY as provided in section 15-481, the governing board shall offer a contract for the next school year to each certified administrator or certificated school psychologist who is in the last year of the person's contract on or before June 15 unless, no NOT later than five days after the override election excluding Saturday, Sunday and legal holidays, the governing board, a member of the governing board acting on behalf of the governing board or the superintendent of the school district gives notice to the administrator or the certificated school psychologist of the governing board's intention not to offer a new contract.

The administrator's or the certificated school psychologist's acceptance of the contract shall be indicated within thirty days after the date of the written contract or the offer is revoked.

The administrator or certificated school psychologist accepts the contract by signing the contract and returning it to the governing board or by making a written instrument that accepts the terms of the contract and delivering the written instrument to the governing board.

E.

Notice of the governing board's intention not to reemploy the administrator or certificated school psychologist shall be made by delivering the notice personally to the administrator or the certificated school psychologist or by sending the notice by certified mail, postmarked on or before the applicable deadline prescribed in subsection D of this section, and directed to the administrator or the certificated school - 5 - S.B.

1687 psychologist at the person's place of residence as recorded in the school district records.

F.

The governing board shall make available the evaluation and performance classification of each principal in the school district to school districts and charter schools that are inquiring about the performance of the principal for hiring purposes.

Sec.

5.

BEGINNING IN 20322028 AND LATER, A PRIMARY ELECTION SHALL BE HELD ON THE TUESDAY BEFORE THE LAST MONDAY IN MAY IN ANY YEAR IN WHICH A GENERAL ELECTION OR SPECIAL ELECTION IS HELD AND AT WHICH CANDIDATES FOR PUBLIC OFFICE ARE TO BE ELECTED.

6.2.

Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or -authorizing 6the -assessment S.B.of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.

1687 authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.

For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons- and1 not- includingS.B. recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on:

1687 persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on:

Beginning in THROUGH 2026 2030 and later, the second to last Tuesday in July.

BEGINNING IN 20322028 AND LATER, THE ELECTION SHALL BE HELD ON THE TUESDAY BEFORE THE LAST MONDAY IN MAY.

Beginning with elections held in 2014 and later that are not candidate elections, an election held for or on behalf of any political -subdivision 7of -this S.B.state, and including a special election to fill a vacancy or a recall election, may only be held on the following dates:

1687 subdivision of this state, and including a special election to fill a vacancy or a recall election, may only be held on the following dates:

3.- 2 - S.B.

1687 3.

Beginning in 2026 and later THROUGH 2031,2027, the second to last Tuesday in July.

BEGINNING IN 20322028 AND LATER, THE ELECTION SHALL BE HELD ON THE TUESDAY BEFORE THE LAST MONDAY IN MAY.

7.3.

THROUGH 2030,2026, the biennial primary election day on the second to last Tuesday in July in the year the general election is held and the biennial general election day on the first Tuesday after the first Monday in November of every even-numbered year are not legal holidays.

BEGINNING IN 20322028 AND LATER, THE BIENNIAL PRIMARY ELECTION DAY ON THE TUESDAY BEFORE THE LAST MONDAY IN MAY IN THE YEAR THE GENERAL ELECTION IS HELD AND THE BIENNIAL GENERAL ELECTION DAY ON THE TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY EVEN-NUMBERED YEAR ARE NOT LEGAL HOLIDAYS.

- 8 - S.B.

1687 Sec.

8.

Section 16-301, Arizona Revised Statutes, is amended to read:

16-301.

Nomination of candidates for printing on official ballot of general or special election A.

At a primary election, each political party entitled and intending to make nominations for the ensuing general or special election, if it desires to have the names of its candidates printed on the official ballot at that general or special election, shall nominate its candidates for all elective, senatorial, congressional, state, judicial, county and precinct offices to be filled at such THE election except as provided in section 16-344.

B.

THROUGH 2030, not later than sixty days AND BEGINNING IN 2032, NOT LATER THAN SEVENTY-FIVE DAYS before the date of the general election, a candidate for governor shall submit to the secretary of state the name of the person who will be the joint candidate for lieutenant governor with that gubernatorial candidate and whose name will appear on the general election ballot jointly with the candidate for governor.

9.4.

Any person desiring to become a candidate at a primary election for a political party and to have the person's name printed on the official ballot shall be a qualified elector of the party and, THROUGH 2030,- not3 less- thanS.B. one hundred twenty nor more than one hundred fifty days before the primary election AND BEGINNING IN 2032, NOT LESS THAN ONE HUNDRED SEVENTEEN NOR MORE THAN ONE HUNDRED FORTY DAYS BEFORE THE PRIMARY ELECTION, shall sign and cause to be filed a nomination paper giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district or precinct, as applicable for a district or precinct office, naming the party of which the person desires to become a candidate, stating the office and district or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section, and giving the date of the primary election and, if nominated, the date of the general election at which the person desires to become a candidate.

1687 2026, not less than one hundred twenty nor more than one hundred fifty days before the primary election AND BEGINNING IN 2028, NOT LESS THAN ONE HUNDRED SEVENTEEN NOR MORE THAN ONE HUNDRED FORTY DAYS BEFORE THE PRIMARY ELECTION, shall sign and cause to be filed a nomination paper giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district or precinct, as applicable for a district or precinct office, naming the party of which the person desires to become a candidate, stating the office and district or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section, and giving the date of the primary election and, if nominated, the date of the general election at which the person desires to become a candidate.

A candidate for partisan public office shall be continuously registered with the political party of which the person desires to be a -candidate 9beginning -no S.B.NOT later than the date of the first petition signature on the candidate's petition through the date of the general election at which the person is a candidate.

1687 candidate beginning no NOT later than the date of the first petition signature on the candidate's petition through the date of the general election at which the person is a candidate.

Any person desiring to become a candidate at any nonpartisan election and to have the person's name printed on the official ballot shall be at the time of filing a qualified elector of the county, city, town or district and, THROUGH 2031,2027, not less than one hundred twenty nor more than one hundred fifty days before the election AND BEGINNING IN 2032,2028, NOT LESS THAN ONE HUNDRED SEVENTEEN NOR MORE THAN ONE HUNDRED FORTY DAYS BEFORE THE ELECTION, shall sign and cause to be filed a nomination paper giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's county, city, town or district and ward or precinct, as applicable for a county, city, town or district and ward or precinct office, stating the office and county, city, town or district and ward or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section and giving the date of the election.

C.- 4 - S.B.

1687 C.

The nomination paper of a candidate for the office of United States senator or representative in Congress, for the office of presidential elector or for a state office, including a member of the legislature, or for any other office for which the electors of the entire state or a subdivision of the state greater than a county are entitled to -vote, 10shall -be S.B.filed with the secretary of state no NOT later than 5:00 p.m.

1687 vote, shall be filed with the secretary of state no NOT later than 5:00 p.m.

Candidates' abbreviated- names5 or- nicknamesS.B. may be printed within quotation marks.

1687 abbreviated names or nicknames may be printed within quotation marks.

-1. 11 - S.B.

1687 1.

Sec.- 6 - S.B.

10.1687 Sec.

Section5. 16-312, Arizona Revised Statutes, is amended to read:

16-312.

Filing of nomination papers for write-in candidates A.

Any person desiring to become a write-in candidate for an elective office in any election shall be at the time of filing a qualified elector of the county or district the person proposes to represent and shall have been a resident of that county or district for one hundred twenty days before the date of the election, except that for a city or town office, section 9-232 applies with respect to residency for the candidate.

The person shall file a nomination paper, signed by the candidate, giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for the district, precinct or municipal office that the person proposes to represent, and the person's age, length of residence in the state and date of birth.

B.

A write-in candidate shall file the nomination paper not earlier than one hundred fifty FORTY days before the election and not later than 5:00 p.m.

on the sixtieth day before the election, except that:

1.

A candidate running as a write-in candidate as provided in section 16-343, subsection D shall file the nomination paper not later than 5:00 p.m.

on the fifth day before the election.

- 12 - S.B.

1687 2.

A candidate running as a write-in candidate for an election that may be canceled pursuant to section 16-410 shall file the nomination paper not later than 5:00 p.m.

on the one hundred sixth day before the election.

C.

The write-in filing procedure shall be in the same manner as prescribed in section 16-311.

Any person who does not file a timely nomination paper shall not be counted in the tally of ballots.

The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided the financial disclosure statement as prescribed for candidates for that office.

D.

Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a write-in candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.

E.

The secretary of state shall notify the various boards of supervisors as to write-in candidates filing with the secretary of state's office.

The county school superintendent shall notify the appropriate board of supervisors as to write-in candidates filing with the superintendent's office.

The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements.

In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed.

No other write-ins shall be counted.

The election board inspector shall post the notice of official write-in candidates in a conspicuous location within the polling place.

F.

Except as provided in section 16-343, subsection E, a candidate may not file pursuant to this section if any of the following applies:

1.

For a candidate in the general election, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.

2.

For a candidate in the general election, the candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322.

3.

For a candidate in the primary election, the candidate filed a nomination petition for the current primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322, withdrew from the primary election after a challenge was filed or was removed from or otherwise determined by court order to be ineligible for the primary election ballot.

4.

For a candidate in the general election, the candidate filed a nomination petition for nomination other than by primary election for the - 13 - S.B.

1687 office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-341.

G.

A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice presidential running mate, the names of presidential electors who will represent that candidate and a statement signed by the vice presidential running mate and designated presidential electors that indicates their consent to be designated.

A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper.

The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.

Sec.

11.

Any person desiring WHO DESIRES to become a candidate at any election and to have the person's name printed on the official ballot shall file, THROUGH 2030,2026, not less than one hundred twenty nor more than one hundred fifty days before the primary election AND BEGINNING IN 2032,2028, NOT LESS THAN ONE HUNDRED SEVENTEEN NOR MORE THAN ONE HUNDRED FORTY DAYS BEFORE THE PRIMARY ELECTION, and with the same officer as provided by section 16-311, a nomination petition in addition to the nomination paper required.

Partisan Nomination Petition I, the undersigned, a qualified elector of the county of ______________, state of Arizona, and of (here name political division or district from which the nomination is sought) and a member of the _______________ party or a person who is registered as no party preference or independent as the party preference or who is registered with a political party that is not qualified for representation on the ballot, hereby nominate ___________ who resides at _____________ in the county of ____________ for the party nomination for the office of _______________ to be voted at the primary election to be held _______________ as representing the principles of such -party, 14and -I S.B.hereby declare that I am qualified to vote for this office and that I have not signed, and will not sign, any nomination petition for more persons than the number of candidates necessary to fill such office at the next ensuing election.

1687 party, and I hereby declare that I am qualified to vote for this office and that I have not signed, and will not sign, any nomination petition for more persons than the number of candidates necessary to fill such office at the next ensuing election.

Nonpartisan Nomination Petition I, the undersigned, a qualified elector of the county of _______________, state of Arizona, and of (here name political division or district from which the nomination is sought) hereby nominate _______________ who resides at _______________ in- the7 county- ofS.B. _______________ for the office of ______________ to be voted at the _______________ election to be held _______________, and hereby declare that I am qualified to vote for this office and that I have not signed and will not sign any nomination petitions for more persons than the number of candidates necessary to fill such office at the next ensuing election.

1687 in the county of _______________ for the office of ______________ to be voted at the _______________ election to be held _______________, and hereby declare that I am qualified to vote for this office and that I have not signed and will not sign any nomination petitions for more persons than the number of candidates necessary to fill such office at the next ensuing election.

12.6.

If for a candidate for the office of representative in Congress, at least one-half of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected except that if for a candidate for a special election to fill a vacancy in the office of representative in -Congress, 15at -least S.B.one-fourth of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected.

1687 Congress, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected.

5.- 8 - S.B.

1687 5.

-11. 16 - S.B.

1687 11.

If for a candidate for a governing board of a school district or a career technical education district, at least one-half of one percent of the total voter registration in the school district or career technical education district if the board members are elected at large or one percent of the total voter registration in the single member district if governing- board9 members- areS.B. elected from single member districts or one-half of one percent of the total voter registration in the single member district if career technical education district board members are elected from single member districts.

1687 governing board members are elected from single member districts or one-half of one percent of the total voter registration in the single member district if career technical education district board members are elected from single member districts.

THROUGH 2031,2027, the basis of percentage in each instance referred to in subsection A of this section, except in cities, towns and school districts, shall be the number of qualified signers as determined from the voter registration totals as reported pursuant to section 16-168, subsection H on January 2 of the year in which the general election is held AND BEGINNING IN 2032,2028, FROM THE VOTER REGISTRATION TOTALS AS REPORTED PURSUANT TO SECTION 16-168, SUBSECTION H ON OCTOBER 1 OF THE YEAR BEFORE THE YEAR IN WHICH THE GENERAL ELECTION IS HELD.

THROUGH 2030,2026, the count that is reported on January 2 of the year in which the general election is held -AND 17BEGINNING -IN S.B.2028, THE COUNT THAT IS REPORTED ON OCTOBER 1 OF THE YEAR BEFORE THE YEAR IN WHICH THE GENERAL ELECTION IS HELD shall be the basis for the calculation of total voter registration for school districts or career technical education districts.

1687 AND BEGINNING IN 2032, THE COUNT THAT IS REPORTED ON OCTOBER 1 OF THE YEAR BEFORE THE YEAR IN WHICH THE GENERAL ELECTION IS HELD shall be the basis for the calculation of total voter registration for school districts or career technical education districts.

D.- 10 - S.B.

1687 D.

13.7.

A nomination petition stating the name of the office to be filled, the name and residence of the candidate, or, if the candidate does not have an actual residence address, a description of place of residence -and 18post -office S.B.address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for a district, precinct or municipal office, and other information required by this section shall be filed with the same officer with whom primary nomination papers and petitions are required to be filed as prescribed in section 16-311.

1687Except andfor postcandidates officefor address, or, if the person'soffice actualof residencepresidential addresselector isfiled protected pursuant to sectionthis 16-153,section, aTHROUGH post2026, office box or private mailbox address in the candidate'spetition district,shall precinctbe orfiled municipality,not asless applicablethan forone ahundred district,twenty precinctdays ornor municipalmore office,than andone otherhundred informationfifty requireddays bybefore thisthe sectionprimary shallelection beAND filedBEGINNING withIN the2028, sameNOT officerLESS withTHAN whomONE primaryHUNDRED nominationSEVENTEEN papersNOR andMORE petitionsTHAN areONE requiredHUNDRED toFORTY beDAYS filedBEFORE asTHE prescribedPRIMARY inELECTION. section 16-311.

ExceptThe for candidates for the office of presidential elector filed pursuant to this section, THROUGH 2030, the petition shall be filedsigned notonly lessby than- one11 hundred- twentyS.B. days nor more than one hundred fifty days before the primary election AND BEGINNING IN 2032, NOT LESS THAN ONE HUNDRED SEVENTEEN NOR MORE THAN ONE HUNDRED FORTY DAYS BEFORE THE PRIMARY ELECTION.

The1687 petition shall be signed only by voters who have not signed the nomination petitions of a candidate for the office to be voted for at that primary election.

The percentage of persons who are registered to vote necessary to sign the nomination petition shall be determined by the total number of -registered 19voters -from S.B.other than political parties that are qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot in the state, county, subdivision or district on January 2 OCTOBER 1 of the year BEFORE THE YEAR in which the general election is held.

1687 registered voters from other than political parties that are qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot in the state, county, subdivision or district on January 2 OCTOBER 1 of the year BEFORE THE YEAR in which the general election is held.

A nomination petition for any candidate may be circulated by a person who is not a resident of this state but who is otherwise eligible to- register12 to- voteS.B. in this state if that person registers as a circulator with the secretary of state before circulating petitions.

1687 to register to vote in this state if that person registers as a circulator with the secretary of state before circulating petitions.

Any nomination petition signatures collected -before 20the -date S.B.the statement of interest is filed are invalid and subject to challenge.

1687 before the date the statement of interest is filed are invalid and subject to challenge.

A nomination paper- for13 each- presidentialS.B. elector designated shall be filed with the candidate's nomination paper.

1687 paper for each presidential elector designated shall be filed with the candidate's nomination paper.

The secretary of state may require use of a unique marking -system 21for -petition S.B.pages, including a bar code, a quick response code or another similar marking system.

1687- system14 for- petition pages, including a bar code, a quick response code or another similar marking system.

Sec.

14.

Section 16-411, Arizona Revised Statutes, is amended to read:

16-411.

Designation of election precincts and polling places;

voting centers;

electioneering;

wait times A.

BEGINNING IN 2031, the board of supervisors of each county, on or before October JULY 1 of each year preceding the year of a general election, by an order, shall establish a convenient number of election precincts in the county and define the boundaries of the precincts as follows:

1.

The election precinct boundaries shall be established so as to be included within election districts prescribed by law for elected officers of the state and its political subdivisions, including community college district precincts, except those elected officers provided for in titles 30 and 48.

2.

If after October 1 of the year preceding the year of a general election the board of supervisors must further adjust precinct boundaries due to the redistricting of election districts as prescribed by law and to comply with this subsection, the board of supervisors shall adjust these precinct boundaries as soon as is practicable.

B.

At least twenty days before a general or primary election, and at least ten days before a special election, the board shall designate one polling place within each precinct where the election shall be held, except that:

1.

On a specific finding of the board, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for that precinct may be designated within an adjacent precinct.

2.

Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48.

The officer in charge of elections may also split a precinct for administrative purposes.

The polling places shall be listed in separate sections of the order or resolution.

3.

On a specific finding of the board that the number of persons who are listed as early voters pursuant to section 16-544 and who are not expected to have their ballots tabulated at the polling place as prescribed in section 16-579.02 is likely to substantially reduce the number of voters appearing at one or more specific polling places at that election, adjacent precincts may be consolidated by combining polling places and precinct boards for that election.

The board of supervisors shall ensure that a reasonable and adequate number of polling places will - 22 - S.B.

1687 be designated for that election.

Any consolidated polling places shall be listed in separate sections of the order or resolution of the board.

4.

On a specific resolution of the board, the board may authorize the use of voting centers in place of or in addition to specifically designated polling places.

A voting center shall allow any voter in that county to receive the appropriate ballot for that voter on election day after presenting identification as prescribed in section 16-579 and to lawfully cast the ballot.

Voting centers may be established in coordination and consultation with the county recorder, at other county offices or at other locations in the county deemed appropriate.

5.

On a specific resolution of the board of supervisors that is limited to a specific election date and that is voted on by a recorded vote, the board may authorize the county recorder or other officer in charge of elections to use emergency voting centers as follows:

(a) The board shall specify in the resolution the location and the hours of operation of the emergency voting centers.

(b) A qualified elector voting at an emergency voting center shall provide identification as prescribed in section 16-579, except that notwithstanding section 16-579, subsection A, paragraph 2, for any voting at an emergency voting center, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.

(c) If an emergency voting center established pursuant to this section becomes unavailable and there is not sufficient time for the board of supervisors to convene to approve an alternate location for that emergency voting center, the county recorder or other officer in charge of elections may make changes to the approved emergency voting center location and shall notify the public and the board of supervisors regarding that change as soon as practicable.

The alternate emergency voting center shall be as close in proximity to the approved emergency voting center location as possible.

C.

If the board fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peace in the precinct, two days before the election, by an order, copies of which the justice of the peace shall immediately post in three public places in the precinct, shall designate the place within the precinct for holding the election.

If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election board of the precinct shall designate and give notice of the place within the precinct of holding the election.

For any election in which there are no candidates for elected office appearing on the ballot, the board may consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply:

- 23 - S.B.

1687 1.

All affected voters are notified by mail of the change at least thirty-three days before the election.

2.

Notice of the change in polling places includes notice of the new voting location, notice of the hours for voting on election day and notice of the telephone number to call for voter assistance.

3.

All affected voters receive information on early voting that includes the application used to request an early voting ballot.

D.

The board is not required to designate a polling place for special district mail ballot elections held pursuant to article 8.1 of this chapter, but the board may designate one or more sites for voters to deposit marked ballots until 7:00 p.m.

on the day of the election.

E.

Except as provided in subsection F of this section, a public school shall provide sufficient space for use as a polling place for any city, county or state election when requested by the officer in charge of elections.

F.

The principal of the school may deny a request to provide space for use as a polling place for any city, county or state election if, within two weeks after a request has been made, the principal provides a written statement indicating a reason the election cannot be held in the school, including any of the following:

1.

Space is not available at the school.

2.

The safety or welfare of the children would be jeopardized.

G.

Beginning in 2026, the department of administration shall coordinate with state agencies and counties to provide available and appropriate state-owned facilities for use as a voting location for any city, county or state election when requested by the officer in charge of elections.

H.

The board shall make available to the public as a public record a list of the polling places for all precincts in which the election is to be held.

I.

Except in the case of an emergency, any facility that is used as a polling place on election day or that is used as an early voting site during the period of early voting shall allow persons to electioneer and engage in other political activity outside of the seventy-five foot limit prescribed by section 16-515 in public areas and parking lots used by voters.

This subsection does not allow the temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters.

The county recorder or other officer in charge of elections shall post on its website at least two weeks before election day a list of those polling places in which emergency conditions prevent electioneering and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation.

If the polling place is not on the website list of polling places with emergency designations, electioneering and other - 24 - S.B.

1687 political activity shall be allowed outside of the seventy-five foot limit.

If an emergency arises after the county recorder or other officer in charge of elections' initial website posting, the county recorder or other officer in charge of elections shall update the website as soon as is practicable to include any new polling places, shall highlight the polling place location on the website and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation.

J.

For the purposes of this section, a county recorder or other officer in charge of elections shall designate a polling place as an emergency polling place and thus prohibit persons from electioneering and engaging in other political activity outside of the seventy-five foot limit prescribed by section 16-515 but inside the property of the facility that is hosting the polling place if any of the following occurs:

1.

An act of God renders a previously set polling place as unusable.

2.

A county recorder or other officer in charge of elections has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation.

K.

The secretary of state shall provide through the instructions and procedures manual adopted pursuant to section 16-452 the maximum allowable wait time for any election that is subject to section 16-204 and provide for a method to reduce voter wait time at the polls in the primary and general elections.

The method shall consider at least all of the following for primary and general elections in each precinct:

1.

The number of ballots voted in the prior primary and general elections.

2.

The number of registered voters who voted early in the prior primary and general elections.

3.

The number of registered voters and the number of registered voters who cast an early ballot for the current primary or general election.

4.

The number of registered voters whose early ballots were tabulated on-site as prescribed in section 16-579.02 in the prior primary and general elections.

5.

The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls.

Sec.

15.

Section 16-544, Arizona Revised Statutes, is amended to read:

16-544.

Active early voting list;

civil penalty;

violation;

classification;

definition A.

Any voter may request to be included on a list of voters to receive an early ballot by mail for any election for which the county voter registration roll is used to prepare the election register.

The - 25 - S.B.

1687 county recorder of each county shall maintain the active early voting list as part of the voter registration roll.

B.

In order to be included on the active early voting list, the voter shall make a written request specifically requesting that the voter's name be added to the active early voting list for all elections in which the applicant is eligible to vote.

An early voter request form shall conform to requirements prescribed in the instructions and procedures manual issued pursuant to section 16-452.

The application shall allow for the voter to provide the voter's name, residence address, mailing address in the voter's county of residence, date of birth and signature and shall state that the voter is attesting that the voter is a registered voter who is eligible to vote in the county of residence.

The voter shall not list a mailing address that is outside of this state for the purpose of the active early voting list unless the voter is an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L.

99-410;

52 United States Code section 20310).

In lieu of the application, the applicant may submit a written request that contains the required information.

C.

On receipt of a request to be included on the active early voting list, the county recorder or other officer in charge of elections shall compare the signature on the request form with the voter's signature on the voter's registration form and, if the request is from the voter, shall mark the voter's registration file as an active early ballot request.

D.

Not less than ninety days before any polling place election scheduled in March or August MAY, the county recorder or other officer in charge of elections shall mail to all voters who are eligible for the election, who are not listed as inactive and who are included on the active early voting list an election notice by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification.

If an election is not formally called by a jurisdiction by the one hundred eightieth day before the election, the recorder or other officer in charge of elections is not required to send the election notice.

The notice shall include the dates of the elections that are the subject of the notice, the dates that the voter's ballot is expected to be mailed and the address where the ballot will be mailed.

If the upcoming election is a partisan open primary election and the voter is not registered as a member of one of the political parties that is recognized for purposes of that primary, the notice shall include information on the procedure for the voter to designate a political party ballot.

The notice shall be delivered with return postage prepaid and shall also include a means for the voter to do any of the following:

1.

Change the mailing address for the voter's ballot to another location in the voter's county of residence.

- 26 - S.B.

1687 2.

Update the voter's residence address in the voter's county of residence.

3.

Request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice.

E.

If the notice that is mailed to the voter is returned undeliverable by the postal service, the county recorder or other officer in charge of elections shall take the necessary steps to contact the voter at the voter's new residence address in order to update that voter's address or to move the voter to inactive status as prescribed in section 16-166, subsection A.

If a voter is moved to inactive status, the voter shall be removed from the active early voting list and may not receive an early ballot unless the voter updates or otherwise confirms the voter's registration information.

If the voter is removed from the active early voting list, the voter shall only be added to the active early voting list again if the voter submits a new request pursuant to this section.

F.

Not later than the first day of early voting, the county recorder or other officer in charge of elections shall mail an early ballot to all eligible voters who are not listed as inactive and who are included on the active early voting list in the same manner prescribed in section 16-542, subsection C.

If the voter has not returned the notice or otherwise notified the election officer within forty-five days before the election that the voter does not wish to receive an early ballot by mail for the election or elections indicated, the ballot shall automatically be scheduled for mailing.

G.

If a voter who is on the active early voting list is not registered as a member of a recognized political party and fails to notify the county recorder of the voter's choice for political party ballot within forty-five days before a partisan open primary election, the following apply:

1.

The voter shall not automatically be sent a ballot for that partisan open primary election only and the voter's name shall remain on the active early voting list for future elections.

2.

To receive an early ballot for the primary election, the voter shall submit the voter's choice for political party ballot to the county recorder.

H.

After a voter has requested to be included on the active early voting list, the voter shall be sent an early ballot by mail automatically for any election at which a voter at that residence address is eligible to vote until any of the following occurs:

1.

The voter requests in writing to be removed from the active early voting list.

2.

The voter's registration or eligibility for registration is moved to inactive status or canceled as otherwise provided by law.

3.

The notice sent by the county recorder or other officer in charge of elections is returned undeliverable and the county recorder or - 27 - S.B.

1687 officer in charge of elections is unable to contact the voter to determine the voter's continued desire to remain on the list.

4.

The voter fails to vote an early ballot in all elections for two consecutive election cycles.

For the purposes of this paragraph, "election" means any regular primary or regular general election for which there was a federal race on the ballot or for which a city or town candidate primary or first election or city or town candidate second, general or runoff election was on the ballot.

This paragraph does not apply to:

(a) A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.

(b) A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter.

I.

A voter may make a written request at any time to be removed from the active early voting list.

The request shall include the voter's name, residence address, date of birth and signature.

On receipt of a completed request to remove a voter from the active early voting list, the county recorder or other officer in charge of elections shall remove the voter's name from the list as soon as practicable.

J.

An absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L.

99-410;

52 United States Code section 20310) is eligible to be placed on the active early voting list pursuant to this section.

K.

A voter's failure to vote an early ballot once received does not constitute grounds to remove the voter from the active early voting list, except that a county recorder shall remove a voter from the active early voting list if both of the following apply:

1.

The county recorder or other officer in charge of elections complies with subsection M of this section.

2.

The voter fails to vote using an early ballot in all of the following elections for two consecutive election cycles:

(a) A regular primary and regular general election for which there was a federal race on the ballot.

(b) A city or town candidate primary or first election and a city or town candidate second, general or runoff election.

L.

On or before January 15 of each odd-numbered year, the county recorder or other officer in charge of elections shall send a notice to each voter who is on the active early voting list and who did not vote an early ballot in all elections for two consecutive election cycles as prescribed by subsection K of this section.

If the voter has provided the voter's telephone or mobile phone number or email address to the county recorder, the county recorder may additionally provide the notice to the voter by telephone call, text message or email.

The notice shall inform the voter that if the voter wishes to remain on the active early voting list, the voter shall do both of the following with the notice received:

- 28 - S.B.

1687 1.

Confirm in writing the voter's desire to remain on the active early voting list.

2.

Return the completed notice to the county recorder or other officer in charge of elections within ninety days after the notice is sent to the voter.

The notice shall be signed by the voter and shall contain the voter's address and date of birth.

M.

If a voter receives a notice as prescribed by subsection L of this section and the voter fails to respond within the ninety-day period, the county recorder or other officer in charge of elections shall remove the voter's name from the active early voting list.

N.

A candidate, political committee or other organization may distribute active early voting list request forms to voters.

If the active early voting list request forms include a printed address for return, that address shall be the political subdivision that will conduct the election.

Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the active early voting list request.

O.

All original and completed active early voting list request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate or political committee or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election.

Any person, political committee or other organization that fails to submit a completed active early voting list request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal.

Any person who knowingly fails to submit a completed active early voting list request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.

P.

A person who receives an early ballot at an address at which another person formerly resided, without voting the ballot or signing the envelope, shall write "not at this address" on the envelope and place the mail piece in a United States postal service collection box or other mail receptacle.

On receipt the county recorder or other officer in charge of elections shall proceed in the manner prescribed in subsection E of this section.

Q.

When the county recorder receives confirmation from another county that a person registered has registered to vote in that other county, the county recorder shall remove that person from the active early voting list.

R.

If the county recorder receives credible information that a person has registered to vote in a different county, the county recorder shall confirm the person's voter registration with that other county and, - 29 - S.B.

1687 on confirmation, shall remove that person from the county's active early voting list pursuant to subsection Q of this section.

S.

For the purposes of this section, "election cycle" means the two-year period beginning on January 1 in the year after a statewide general election or, for cities and towns, the two-year period beginning on the first day of the calendar quarter after the calendar quarter in which the city's or town's second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city's or town's immediately following second, runoff or general election is scheduled, however that election is designated by the city or town.

Sec.

16.

Section 16-822, Arizona Revised Statutes, is amended to read:

16-822.

Precinct committeemen;

eligibility;

vacancy;

duties;

term A.

Any member of a recognized political party who is a registered voter in the precinct is eligible to seek the office of precinct committeeman of that party in that precinct.

B.

If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is less than or equal to the number of precinct committeeman positions, the county board of supervisors may cancel the election for those positions not sooner than one hundred five days before the election and appoint the person who filed the nominating petition to fill the position.

If no person has filed a nominating petition to fill a position, the position is deemed vacant and shall be filled as otherwise provided by law.

A precinct committeeman who is appointed pursuant to this subsection after filing a nominating petition shall be deemed an elected precinct committeeman.

C.

If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is more than the number of precinct committeeman positions for a recognized political party in a precinct, an additional ballot style shall be prepared for the political party in that precinct, which shall include the office of precinct committeeman.

Only persons who are registered as members of that political party in that precinct may vote that precinct committeeman ballot style.

D.

In addition to other provisions of law regarding removal from office, a vacancy shall exist in the office of precinct committeeman when the precinct committeeman moves from the precinct from which elected or changes political party from the party in which the precinct committeeman was elected.

E.

The minimum duties of a precinct committeeman shall be to assist the precinct committeeman's political party in voter registration and to assist the voters of that political party to vote on election days.

Additional duties shall be as provided for in the state committee bylaws of the precinct committeeman's political party.

- 30 - S.B.

1687 F.

The term of office of a precinct committeeman is two years and, THROUGH 2030, begins on October 1 after the primary election at which the precinct committeeman was a candidate and continues until October 1 after the following primary election at which a precinct committeeman is elected.

BEGINNING IN 2032, THE TERM OF OFFICE OF A PRECINCT COMMITTEEMAN IS TWO YEARS AND BEGINS ON JULY 1 AFTER THE PRIMARY ELECTION AT WHICH THE PRECINCT COMMITTEEMAN WAS A CANDIDATE AND CONTINUES UNTIL JULY 1 AFTER THE FOLLOWING PRIMARY ELECTION AT WHICH A PRECINCT COMMITTEEMAN IS ELECTED.

Sec.

17.

Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 16-949, Arizona Revised Statutes, is amended to read:

16-949.

Controls on spending from citizens clean elections fund A.

The commission shall not spend, on all costs incurred under this article during a particular TWO calendar year PERIOD, more than five dollars $5 times the number of Arizona resident personal income tax returns filed during the TWO previous calendar year YEARS.

The commission may exceed this limit during a TWO calendar year PERIOD, provided that it is offset by an equal reduction of the limit during another TWO calendar year PERIOD during the same four-year period beginning January 1 immediately after a gubernatorial election.

B.

The commission may use up to ten per cent TWENTY PERCENT of the amount specified in subsection A of this section for reasonable and necessary expenses of administration and enforcement, including the activities specified in section 16-956, subsection A, paragraphs 3 through 7 and subsections B and C.

Any portion of the ten per cent TWENTY PERCENT not used for this purpose shall remain in the fund.

C.

The commission may apply up to ten per cent TWENTY PERCENT of the amount specified in subsection A of this section for reasonable and necessary expenses associated with public education regarding participation as a candidate or a contributor, or regarding the functions, purpose and technical aspects of the act.

Reasonable and necessary expenditures made pursuant to section 16-956 are not included in this subsection.

D.

The commission may spend monies in the fund for the reasonable and necessary expenses to implement the act but shall not use monies in the fund to promote the benefits of the clean elections act.

Expenditures made pursuant to subsection C of this section or in section 16-956, subsection A are deemed not to constitute promoting the benefits of the clean elections act.

Expenditures pursuant to this subsection shall not be included in the limits prescribed in subsection C of this section.

E.

The state treasurer shall administer a citizens clean elections fund from which costs incurred under this article shall be paid.

The auditor general shall review the monies in, payments into and expenditures from the fund no NOT less often than every four years.

- 31 - S.B.

1687 Sec.

18.

Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 16-951, Arizona Revised Statutes, is amended to read:

16-951.

Clean elections funding A.

At the beginning of the primary election period, the commission shall pay from the fund to the campaign account of each candidate who qualifies for clean elections funding:

1.

For a candidate who qualifies for clean elections funding for a party primary election, an amount equal to the original primary election spending limit.

2.

For an independent candidate who qualifies for clean elections funding, an amount equal to seventy percent of the sum of the original primary election spending limit and the original general election spending limit.

3.

For a qualified participating candidate who is unopposed for an office in that candidate's primary, in the primary of any other party and by any opposing independent candidate, an amount equal to five dollars $5 times the number of qualifying contributions for that candidate certified by the commission.

B.