Title
Consideration of Citizen Petition Related to Election Dates
Description
This report provides the City Council with information in response to a citizen petition submitted by Marcus Huey at the Dec. 13, 2017, Formal City Council meeting regarding the dates on which city elections are held (see Attachment A).
Report
Summary
The petitioner requests that "the City Council take action to amend the Charter to comply with the City's current election schedule and relevant state laws."
In 1996, the State Legislature enacted a change to State law specifying the dates on which elections can be held (A.R.S. section 16-204). According to State law, all elections in Arizona must be conducted on one of four dates in March, May, August or November. To comply with this law, in 1997 Phoenix changed its regularly scheduled candidate election dates from October and November, as provided in the Phoenix City Charter, to August and November, the State permitted election dates closest to the dates in the Charter.
In 2012, the State Legislature passed an additional law that required cities and towns to consolidate their elections with the State primary and general elections in the Fall of even-numbered years. The City Charter provides that City elections be held in the Fall of odd-numbered years. The City Council authorized a legal challenge to this new law, and the cities of Tucson and Phoenix challenged the law requiring cities and towns to conduct their elections in even-numbered years. The Court ruled that when cities and towns conduct their elections it is a matter of local control, therefore permitting Tucson, Phoenix and any other Charter cities to conduct their elections on any of the four permitted dates in odd-numbered years.
The City is not violating the Charter by holding elections on dates other than those specified in the Charter because the City is preempted by State law and Court decisions from holding elections on those dates. The City's practice honors the Charter and conforms with State law. However, if the Council desires to change the Charter section relating to election dates, a ballot measure would have to be submitted to City of Phoenix voters.
Options for Council Action
A. Accept the petition, directing staff to begin the Charter amendment process.
B. Deny the petition, since the City's practice conforms with the State's consolidated election dates, and the City holds its general and runoff elections on the consolidated election dates that occur closest to the dates in the Charter.
C. Other direction to staff.
Department
Responsible Department
This item is submitted by Acting Deputy City Manager Toni Maccarone and the City Clerk Department.