HomeMy WebLinkAboutCouncil Presentation 01/21/2020 - Initiative Signature Calculation OptionsInitiative Petition Signature Calculation Options
David L. Udall, Associate Town Attorney
January 21, 2019
Background
•The Arizona Constitution requires signatures of 15% of qualified electors in a municipality for an initiative
petition to make it onto the ballot, and it delegates to the legislature or to municipalities the task of
establishing the basis for the 15% calculation.
•The State legislature enacted a statute providing a basis for all municipalities that do not adopt their own
basis. The statutory basis is 15% of the whole number of votes cast at the last municipal election.
•In 1997, the Town of Marana adopted a model ordinance written by the League of Arizona Cities and
Towns as its basis for the 15% calculation. The model ordinance provided a basis of 15% of the total
number of registered voters qualified to vote at the last municipal election.
•When adopting the model ordinance, codified in Marana Town Code section 2-2-7(A), the Town omitted
language providing the basis for the 15% calculation. This omission essentially rendered section 2-2-7(A)
meaningless.
•In the absence of a clear, codified basis, the Town has in practice been using the statutory default of the
whole number of votes cast. Section 2-2-7(A) therefore needs to be amended to provide clarity.
Background
Marana Town Code section 2-2-7(A), as currently written:
•“The total number of registered voters qualified to vote at the last municipal election, whether
regular or special, immediately preceding the date upon which any initiative petition is filed shall be
computed.”
League of Arizona Cities and Towns model ordinance (first alternative ordinance):
•“The total number of registered voters qualified to vote at the last municipal election, whether
regular or special, immediately preceding the date upon which any initiative petition is filed shall be
the basis upon which the number of qualified electors of the town required to file an initiative
petition shall be computed.”
Options and
Implications
•Basis is 15% of the total number of
registered voters qualified to vote
at the last municipal election.
•During the last Town election in 2018,
there were 25,782 registered voters
eligible to cast a ballot.
•Under this option, an initiative petition
would be required to obtain 3,867
signatures to make it onto the ballot.
•Basis is 15% of the whole number
of votes cast at the last municipal
election.
•During the last Town election in 2018,
there were 15,557 total valid ballots
cast.
•Under this option, an initiative petition
would be required to obtain 2,333
signatures to make it onto the ballot.
Option One (League Model Ordinance)Option Two (Statutory)
Questions?