HomeMy WebLinkAboutResolution 2009-033 automatic recount of the March 10, 2009 electionMARANA RESOLUTION N0.2009-33
RELATING TO ELECTIONS; CERTIFYING FACTS REGARDING AUTOMATIC RECOUNT
OF THE MARCH 10, 2009 TOWN OF MARANA PRIMARY ELECTION TO THE PIMA
COUNTY SUPERIOR COURT, AUTHORIZING THE FILING OF A PETITION IN SUPERIOR
COURT; AND DECLARING AN EMERGENCY
WHEREAS the Town of Marana held a primary election on March 10, 2009 in which seven
Town Council candidates ran for four Town Council seats; and
WHEREAS Marana Town Code section 2-2-1 ("Primary election") provides in relevant part:
Any candidate who receives at the primary election a majority of all
the votes cast shall be declared elected to the office for which he or
she is a candidate effective as of the date of the general election, and
no further election shall be held as to that candidate....
WHEREAS based on the canvass of votes approved at the March 17th, 2009 Marana Town
Council meeting, two of the Town Council candidates have been declared elected; and
WHEREAS the remaining two Town Council positions shall be elected at the general elec-
tion to be held on May 19, 2009; and
WHEREAS Marana Town Code section 2-2-3 ("General Election nomination") states that
the number of candidates on the ballot "shall be equal in number to twice the number to be elected"
and shall include those candidates receiving the highest number of votes at the primary election; and
WHEREAS the fact that there are two remaining seats on the Council to be filled means there
will be four candidates on the May 19th ballot, except in the event of a tie between the two candi-
dates who received the fewest votes in which case all five candidates would be included on the bal-
lot; and
WHEREAS the Pima County Elections Division has determined that Town Council candi-
dates Larry Steckler and Bret Summers received 1186 votes and 1185 votes respectively at the Town
of Marana's March 10, 2009 primary election; and
WHEREAS the candidate in the March election who is determined to have received the few-
est number of votes shall not have their name placed on the May ballot; and
WHEREAS this determination will have the effect of declaring one of them as successfully
making it to the general election while the other will have been unsuccessful; and
Resolution 2009-33 - 1 -
WHEREAS Marana Town Code section 2-2-7(A) ("Automatic recount") provides in relevant
part:
When the canvass of returns in a special, primary or general town
election shows that the margin between the successful candidate re-
ceiving the least number of votes and the unsuccessful candidate re-
ceiving the greatest number of votes for council ... does not exceed
five votes, a recount of the vote upon those candidates ... shall be re-
quired; and
WHEREAS A.R.S. § 16-661(A) requires an automatic recount of a vote when the canvass
"shows that the margin between the two candidates receiving the greatest number of votes for apar-
ticularoffice ... is less than or equal to ... [t]en votes in the case of an office to be filled by the elec-
tors of a city or town..."; and
WHEREAS the Mayor and Council of the Town of Marana find that it is in the best interests
of the public to adopt this resolution to allow these facts to be certified to the Pima County Superior
Court for a determination of whether or not to order an automatic recount in this situation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
Section 1. The Town Council certifies to the Pima County Superior Court the facts set forth
in this resolution, including those recited in the clauses above.
Section 2. The Marana Legal Department is authorized to file in the Pima County Superior
Court on behalf of the Town all necessary documents and to take all other necessary steps for pur-
poses of having the Court determine whether or not to order an automatic recount of the Town of
Marana's March 10, 2009 primary election under A.R.S. § 16-661(A) and Marana Town
Code § 2-2-7(A).
Section 3. Since it is necessary for the preservation of the peace, health and safety of the
Town of Marana that this resolution become immediately effective, an emergency is hereby declared
to exist, and this resolution shall be effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of M rana, Arizona, this
17th day of March, 2009.
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ATTEST: ~"'~ Mayor ~d Honea
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,doc yn C. nson, Town Clerk r '
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APPROVED AS TO FORM:
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Frank Cassidy, Town Attorn~
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Resolutio~,2009-33 - 2 -
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TOWN OF MARANA 09 l~A
MARANA LEGAL DEPARTMENT
11555 West Civic Center Drive
7006
85653
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Frank Cassidy, Town Attorney
State Bar No. 7358, PCC No. 8532
Cedric Hay, Senior Assistant Town Attorney.
State Bar No. 021123, PCC No. 65666
Attorneys for the TowN of MARANA
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
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IN AND FOR THE COUNTY OF P
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IN RE THE MUNICIPAL PRIMARY ELECTION OF V U 7
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THE TOWN! OF MARANA HELD ON MARCH 1 O,
2009. No.
TOWN OE MARANA, an Arizona municipal PETITION REGARDING
corporation, AUTOMATIC RECOUNT
Petitioner, (A.R.S. §§ 16-661 and 16-662)
PIMA COUNTY, a political subdivision of the
State of Arizona, acting by and through the
Pima County Elections Division,
A Necessary Party,
LARRY STECKLER and BRET SUMMERS,
affected Marana Town Council candidates,
Assigned to Hon. Stephen C. Villareal
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Petitioner TowN of MARANA ("Marana") alleges as follows:
1. Marana held a primary election on March 10, 2009 in which seven Town Council
candidates were running for four Town Council seats.
2. According to the official canvass of votes of the March 10, 2009 Marana primary
election, which was approved and adopted by the Marana Town Council on March 17, 2009 by
Resolution No. 2009-32, attached as Exhibit A, candidates Herb Kai and Patti Comerford each
{00013680.DOC /} - 1 - 3/I3l2009 CII-I
_ __
IN RE TI-IE TOt~YN OF MAR,4NA S MARCI~ 10, 2009 PRIMARYELEC'!'IOAr
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received a majority of votes cast and were declared elected to office and the two remaining
council positions are to be determined at the general town election scheduled for May 19, 2009.
3. Marana Town Code section 2-2-3 ("General election nomination") states that the
number of candidates to be placed on the ballot at the general municipal election "shall be
equal in number to twice the number elected to any given office... and persons who receive the
highest number of votes for the respective offices at the first election shall be the only
candidates at the second election."
4. The candidates who received the fewest votes at the March 10, 2009 election are Larry
Steckler and Bret Summers who received 1186 votes and 1185 votes respectively.
5. Since there are five remaining candidates the one who is determined to have received
the least number of votes (either Larry Steckler or Bret Summers) will not have their name
placed on the ballot for the general election, scheduled for May 19, 2009.1
6. Marana Town Code section 2-2-7(A} ("Automatic recount") provides in relevant part:
When the canvass of returns in a special, primary or general town election
shows that the margin between the successful candidate receiving the least
number of votes and the unsuccessful candidate receiving the greatest number of
votes for council... does not exceed five votes, a recount of the vote upon those
candidates... shall be required.
7. A.R.S. § 16-661(A) requires an automatic recount of a vote when the canvass "shows
that the margin between the two candidates receiving the greatest number of votes for a
particular office ... is less than, or equal to ... [t]en votes in the case of an office to be filled by
the electors of a city or town.:.."
' Marana Town Code section 2-2-3 provides that "if there be any person who... would have been entitled to
become a candidate for any office except for the fact that some other candidate received an equal number of votes
for it, then all those persons receiving an equal number of votes shall likewise become candidates for that office."
t00013684.DOC /) - 2 _ 3/13/2009 CIH
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IN RE TFIE TOWN OF MARANA'S MARCH I ~, x(109 PRIMARY ELF.CTIUN
8. it is not clear whether the automatic recount requirement of A.R.S. § 16-661(A} applies
to the March 13, 2007 Marana primary election because the one-vote margin at issue here is not
"between the two candidates receiving the greatest number of votes."
9. On March 17, 2009, the Marana Town Council adopted Resolution No. 2009-33,
certifying the facts set forth in this petition, and authorizing this petition to be filed in the Pima
County Superior Court for a determination of whether or not to order an automatic recount in
this situation.
WHEREFORE, the TowN of MARANA prays as follows:
A. Fvr an order setting forth the procedure and schedule to be followed in this case, providing
for appropriate notice to and participation by affected parties so that this matter maybe
resolved in time to print ballots for the May 19, 2009 Marana general election.
B. For a determination of whether an automatic recount is required pursuant to A.R.S.
§ 16-661(A); and if so, for an order requiring the Pima County Elections Division to
undertake the recount.
C. For all other and further relief as the Court deems appropriate under the circumstances.
RESPEC"T'FULLY SUBMITTED on March 18, 2009.
of MARA~IA
Hay, Senior sst. own Attorney
Copy oaf the foregoing mailed
this 18` day of March, 2009, to:
Pima County Elections Division,
Necessary Party,
c/o Daniel Jurkowitz Esq.
Pilna County Attorney's Office
32 N. Stone Avenue, Suite, 2100
,Tucson, AZ 85701
-3-
3/132009 CIH
LVRETHETOYYR%OFMARANA'SMARCI110, 2009 PRIMARYEGECT/ON
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Larry Steckler,
Real Party in Interest
12317 N. Fallen Shadows Drive
Marana, AZ 85658
Bret Summers,
Real Party in Interest
5448 W. Red Racer Dr.
Marana, AZ 85742
{00013680.DOC !}
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3/13/2009 CII-1
EXHIBIT A
112ARANA RESOLUTION N0.2Q09-32
RELATING TO ELECTIONS: DECLARING AND ADOPTING THE RESULTS OF THE
PRIMARY ELECTION HELD ON MARCH 1 Q 2009
WHEREAS, the. Town of Marana, Pima County, Arizona, did hold a primary election on the
l0u' day of March, 2009, for the election of four Council Members; and
WIiEREAS, the election returns have been presented to and have been canvassed by the
Town Counaii. '
1~iOW; THEREFORE, BE TT RESOLVED by the Mayor and Council of the Town of
Marana, Puna County, Arizona, as follows:
SECTION 1: That the fatal number of ballots cast at said primary election, as confirmed by
Pima County, was 3,214.
SECTION 2: That 2,433 early ballots were processed and counted; 0 ballots rejected.
. SECTION 3: That 72 provisional ballots were received; 65 ballots verified and counted; 6.
ballots unverified and uncounted.
SECTION 4: That the votes cast for the candidates for Council Member were as follows:
Name Vote Total.
Patti Comerford 1,666
Herb Kai 2,058
Kelle Maslyn 1;578
.Carol McGorray 1,562
Jon Post - 1,373.
Larry Steckler 1,186
Bret Summers 1,185
-SECTION S: That it is hereby found, determined and declared of record, that the following
candidates did receive more than one-half of the~total number of valid votes cast and. will be issued
a certificate of election:
Patti Comerford
Herb Kai
Resolutlon 2009-32
SECTION 6: That it is hereby found, determined and declared of record, that the total
nunnber of valid vo#es cast for Council will require arun-off in the General Election on May 19,
2009.
SECTION 7: This resolution shall be in full force and effect immediately upon ifs adoption.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana, Pima
County, Arizona, this 17~ day of Larch, 2409. ~ /
ATTEST:
lyn C. nson, Town Clerk
APPROVED AS TO FORM:
Mayor Ed~Honea
~t~€II
Resdutior12009-32
MARANA RESOLUTION N0.2009-33
RELATING TO ELECTIONS; CERTIFYING FACTS REGARDING AUTOMATIC RECOUNT
OF THE MARCH 10, 2009 TOWN OF MARANA PRIMARY ELECTION TO THE PIMA
COVIVTY SUPERIOR COURT, AUTHORIZING THE FILING OF A PETITION IN SUPERIOR
COURT; AND DECLARING AN EMERGENCY
WHEREAS the Town of Marana held a primary election on March 10, 2009 in which seven
Town Council candidates ran for four Town Council seats; and
WHEREAS Marana Town Code section 2-2-1("Primary election") provides in relevant part:
Any candidate who receives at the primary election a majority of all
the votes cast shall be declared elected to the office for which he or
she is a candidate effecfive as of the date of the general election, and
no further election shall beheld as to that candidate....
WHEREAS based on the canvass of votes approved at the March 17~`, 2009 Marana Town
Council meeting, two of the Town Council candidates have been declared elected; and
WHEREASthe remaining two Town Council positions shall be elected at the general elec-
tion to beheld on May 19, 2009; and
WHEREAS Marana Town Code section 2-2-3 ("General Election nomination") states that
the number of candidates on the ballot "shall be equal in number to twice the number to be elected"
and shall include those candidates receiving the highest number of votes at the primary election; and
WHEREAS the fact that there are two remaining seats on the Council to be filled means there
will be four candidates on the May 19th ballot, except in the event of a tie between the two candi-
dates who received the fewest votes in which case all five candidates would be included on the bal-
lot; and
WHEREAS the Pima County Elections Division has determined that Town Council candi-
dates Larry Steckler and Bret Summers received 1186 votes and 1185 votes respectively at the Town
of Marana's March 10, 2009 primary election; and
WHEREAS the candidate in the March election who is determined to have received the few-
est number of votes shall not have their name placed on the May ballot; and
WHEREAS this determination will have the effect of declaring vne of them as successfully
making it to the general election while the other will have been unsuccessful; and
Resolution 2009-33 - ~ -
WHEREAS Marana Town Code section 2-2-7(A) ("Automatic recount") provides in relevant
part:
When the canvass of returns in a special, primary or general town
election shaws that the margin between the successful candidate re-
ceiving the least number of votes and the unsuccessful candidate re-
ceiving the greatest number of votes for council ... does not exceed
five votes, a recount of the vote upon those candidates ... shall be re-
quired; and
WHEREAS A.R.S. § 16-661(A} requires an automatic recount of a vote when the canvass
"shows that the margin between the two candidates receiving the greatest number of votes for apar-
ticularoffice ... is less than or equal to ... [t]en votes in the case of an office to be filled by the elec-
tors of a city or town..."; and
WHEREAS the Mayor and Council of the Town of Marana find that it is in the best interests
of the public to adopt this resolution to allow these facts to be certified to the Pima County Superior
Court for a determination of whether or not to order an automatic recount in this situation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
Section 1. The Town Council certifies to the Pima County Superior Court the facts set forth
in this resolution, including those recited in the clauses above.
Section 2. The Marana Legal Department is authorized to file in the Pima County Superior
Court on behalf of the Town all necessary documents and to take all other necessary steps for pur-
poses of having the Court determine whether or not to order an automatic recount of the Town of
Marana's March 10, 2009 primary election under A.R.S. § 16-661(A) and Marana Town
Code § 2-2-7(A).
Section 3. Since it is necessary for the preservation of the peace, health and safety of the
Town of Marana that this resolution become immediately effective, an emergency is hereby declared
to exist, and this resolution shall be ei~ective immediately upon its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of M ana, Arizona, this
17a' day of March, 2009.
ATTEST: Mayor _ Honea
oc yn C. nsan, Town Clerk
APPROVED AS~TO FORM:
T~wti
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TOWN OF MARANA
MAI2ANA LEGAL DEPARTMENT
11555 West Civic Center Drive
Marana, Arizona 85653-7006
(520) 382-1942
Frank Cassidy, Town Attorney
State Bar No. 7358, PCC No. 8532
Cedric Hay, Senior Assistant Town Attorney
State Bar No. 021123, PCC No. 65666
AttOrneyS for t11C TOWN OF MARANA
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF PIMA
IN RE THE MUNICIPAL PRIMARY ELECTION OF
2 O9 OWN OF MARANA HELD ON MARCH lO, NO. Ca ~~~i (~ ~~
TOWN OF MARANA, an Arizona municipal
corporation,
Petitioner,
PIMA COUNTY, a political subdivision of the
State of Arizona, acting by and through the
Pima County Elections Division,
A Necessary Party,
LARRY STECKLER and BRF.T SUMMERS,
affected Marana Town Council candidates,
~.,
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ORDER FQR RECOUNT
JOHN F. KELLY`
Assigned to Hon. Ste,:,hen-C. ~,i!!w:~'
A petition containing the statutory certification for an automatic recount having come
before the Court pursuant to A.R.S. § 16-661, et seq., and good cause appearing:
IT IS ORDERED AS FOLLOWS:
1. That a recount of the ballots of the Town of Marana Primary Election for the offices of
council members shall be conducted by the Pima County Elections Department beginning
~YCM-' ,~~ , 2009 at 9:00 AM.
t00013682.DOC !}
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3/l3l2009 C1H
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IN RE THE TOWN OFMARANA'SMARCN 10, 20(19 PRIMARYEL6CTfON
2. That the Pima County Elections Department shall conduct the automatic recount in
accordance with the provisions of A.R. S. § § 16-663 and 16-664; and that the Town Clerk for i
the Town of Marana is hereby ordered to notify the candidates Larry Steckler and Bret ~,
i
Summers in writing, of the date, time and place of the automatic recount. I~
3. That the process of recounting the votes shall be open to the public, in which event the
informal result will be immediately available at the conclusion of the process.
4. That Brad Nelson, Pima County Elections Director, shall thereafter deliver to the Court
an affidavit formally advising the Court of the results of the recount.
5. That a hearing is set for ~ ,l/ ~ ~ , 2009 at ~ ~~ ~,'~ / PM o that the parties
may be present at such time as the Court reviews the results of the recount and issues the order
certifying the outcome of the election.
6. That a copy of this Order shall be forwarded to all interested parties by 5:00 PM on
today's date.
i
{00013682.DOC /}
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JUDGE OF `t'HE SUPERIOR COURT
~QHN F. KEG L.
ORDERED `PHIS ~~ DAY OP MARCH, 2009
3 /1 312 00 9 CIH I
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ELECTIONS DEPARTMENT
PIMA COUNTY GOVERNMENT
3434 E. 22ND STREET, TUCSON, AZ 85713
(520) 351-6830 FAX (520) 351-6870
March 20, 2009
In accordance with Arizona Revised Statutes, Titlel6, I hereby certify the enclosed tabulation
is a full, true and correct copy of the Returns of the Primary Election Recount for the race of
Town Council held pursuant to Arizona Constitution. and Arizona Revised Statutes Title 9 and
16 in and for The Town of Martina, Pima County, Arizona on March 20, 2009. This tabulation
includes all ballots cast at the polls, early ballots and verified provisional ballots cast at said
election.
Respectfully submitted,
Brad:, R. Nelson, Director
Pima County Elections
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Election Summary Report Date:03/20/09
Time:15:58:00
090310PimaConsolidatedRecount Pagel of 1
Summary For TOWN OF MARANA, All Counters,. Town of Marana Council Recount
Registered Voters 17807 -.Cards Cast 3214 18.05%
TOWN OF MARANA COUNCIL
Polling
Number of Precincts $
Precincts Reporting 5 100.0
Vote For 4
Times Counted 3214/17807 .18.0
Total Votes 10622
Times Blank Voted 44
Times Over Voted 5
Number Of Under Votes 2038
COMERFORD, PATTI 1666 15.68%
KAI, HERB 2058 19.37%
MASLYN, KELLE 1578 14.86%
McGORRAY, CAROL 1562 14.71%
FOST, JON 1373 12.93%
STECKLER, LARRY 1186 11.17%
SUMMERS, BRET 1185 11.16%
write-in Votes 14 0.13%
Num. Report Precinct 5 -Num. Reporting 5 100.00%
~~~~~ ~~
~~~ ~~
Statement of Votes Cast Date:03/20/09
Time:16:00:04
090310PimaConsolidatedRecount Pagel of 3
SOVC For TOWN OF MARANA All Counters, Town of Marana Council Recount
I Tuxrr our I
0
F
Jurisdiction Wide
10-01 3597
10-02 2682
10-03 4812
10-04 5319
Totsl
1
997 27.7
423 15.7
922 19.1
709 13.3
Statement of Votes Cast Dace:o3i2oio9
~9~31 ~P1maCOnSO11C1atedReCOUnt Time:16:00:04
Page:2 of 3
SOVC For TOWN OF MARANA, All Counters, Town of Marana Council Recount
TOWN OF MARANA COUNCIL
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a
Jurisdiction Wide
10-01 3597 4 997 3140 6 3 812 429 627-
10-02 2682 4 423 1444 6 0 224 229 293
10-03 4812 4 922 3120 10 2 520 538 609
10-04 5319 4 709 2383 18 0 .381 387 447
10-05 1397 4 163. 535 4 101 3 82
Total 17807 20 3214 10622 44 5 2038 1666 2058
Statement of Votes Cast Date:03/20/09
09031 OPimaConsolidatedRecount T~,ea6;oo:04
Page:3 of 3
SOVC For TOWN OF MARANA, All Counters, Town of Martina Council Recount
TOWN OF MARANA COUNCIL I
O
~,
10-01 427 608 319 417 312
10-02 213 182 228 128 166
10-03 512 387 413 322 336
10-04 346 317 332 270 284
10-OS 80 68 81 49 87
Total 1578 1562 1373 1186 1185