HomeMy WebLinkAboutResolution 2007-046 certifying facts regarding automatic recount of the March 13, 2007 primary election
MARANA RESOLUTION NO. 2007-46
RELATING TO ELECTIONS; CERTIFYING FACTS REGARDING AUTOMATIC RECOUNT
OF THE MARCH 13, 2007 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 13,2007, in which seven
Town Council candidates were running for two Town Council seats; and
WHEREAS the Pima County Elections Division has determined that Town Council candi-
date Russell Clanagan received 934 votes out of 1871 ballots cast at the Town of Marana's
March 13,2007 primary election; 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 ofthe date ofthe general election, and
no further election shall be held as to that candidate....
WHEREAS based on Marana Town Code section 2-2-1, candidate Clanagan needed a major-
ity of all 1871 of the votes cast - that is, 936 votes - to be declared elected to the Marana Town
Council as a result of the primary election; and
WHEREAS according to the adopted canvass of votes ofthe March 13,2007 Town ofMa-
rana primary election, candidate Clanagan is two votes short of being declared elected to the Marana
Town Council and must now stand for election with Council candidates Roxanne Ziegler, Robert
Allen, and Jim Blake at the 2007 Town of Marana general election in May; and
WHEREAS A.R.S. S 16-661(A) requires an automatic recount ofa vote when the canvass
"shows that the margin between the two candidates receiving the greatest number of votes for a par-
ticular office... 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 it is not clear whether the automatic recount requirement of A.R.S. S 16-661 (A)
applies to this situation because the margin at issue here is not "between the two candidates receiving
the greatest number of votes"; and
WHEREAS the Mayor and Council of the Town of Marana find that it is in the best interests
ofthe 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.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
Section I. The Town Council certifies to the Pima County Superior Court the facts set forth
in this resolution, including those recited in the whereas clauses above.
Section 2. The Marana Legal Department is authorized to file in the Pima County Superior
Court on behalf ofthe 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 13,2007 primary election under A.R.S. ~ 16-661(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 ~",,~or and Council of the Town of Maran a, Arizona, this
20th day of March, 2007. #~O;'I~~~ ~. tlu.1
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S \ ~;: ayor Ed Honea
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TOWN OF MARANA
MARANA 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. ^, PCC No. ^
Attorneys for the 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
THE TOWN OF MARANA HELD ON MARCH 13,
2007. No.
TOWN OF MARANA, an Arizona municipal PETITION REGARDING
corporation, AUTOMATIC RECOUNT
Petitioner,
PIMA COUNTY, a political subdivision of the
State of Arizona, acting by and through the
Pima County Elections Division,
A Necessary Party,
RUSSELL CLANAGAN, ROXANNE ZIEGLER,
ROBERT ALLEN and 11M BLAKE, affected
Marana Town Council candidates,
(A.R.S. §§ 16-661 and 16-662)
Petitioner TowN of MARANA ("Marana") alleges as follows:
1. Marana held a primary election on March 13, 2007 in which seven Town Council
candidates were running for two Town Council seats.
2. The Pima County Elections Division has determined that Town Council candidate and
Real Party in Interest Russell Clanagan ("Candidate Clanagan") received 934 votes out of 1871
ballots cast at the Town of Marana's March 13, 2007 primary election.
{00004296.DOC /}
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3/15/2007 6:06 PM I
IN RE THE TOWN OF MARANA 'S MARCH 13, 2007 PRIMARY ELECTION
1 3. Marana Town Code section 2-2-1 ("Primary election") provides in relevant part:
2 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
3 effective as of the date of the general election, and no further election shall be
held as to that candidate....
4
4. Based on Marana Town Code section 2-2-1, Candidate Clanagan needed a majority of
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all 1871 of the votes cast -that is, 936 votes - to be declared elected to the Marana Town
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Council as a result of the primary election.
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5. According to the official canvass of votes of the March 13, 2007 Marana primary
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election, which was approved and adopted by the Marana Town Council on March 20, 2007 by
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Resolution No. 2007-45, candidate Clanagan is two votes short of being declared elected to the
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Marana Town Council and must now stand for election with Council candidates and Real
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Parties in Interest Roxanne Ziegler, Robert Allen, and Jim Blake at the May 15, 2007 Marana
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general election.
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6. A.R.S. § 16-661(A) requires an automatic recount of a vote when the canvass "shows
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that the margin between the two candidates receiving the greatest number of votes for a
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particular office ... is less than or equal to ... [t]en votes in the case of an office to be filled by
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the electors of a city or town...."
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7. It is not clear whether the automatic recount requirement of A.R.S. § 16-661(A) applies
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to the March 13, 2007 Marana primary election because the two-vote margin at issue here is
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not "between the two candidates receiving the greatest number of votes."
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8. On March 20, 2007, the Marana Town Council adopted Resolution No. 2007-46,
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certifying the facts set forth in this petition, and authorizing this petition to be filed in the Pima
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County Superior Court for a determination of whether or not to order an automatic recount in
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this situation.
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{00004296.DOC /} - 2 - 3/15/2007 6:06 PM
IN RE THE TOWN OF MARANA S MARCH 13, 2007 PRIMARY ELECTION
1 WHEREFORE, the TOWN of MARANA prays as follows:
2 A. For an order setting forth the procedure and schedule to be followed in this case, providing
3 for appropriate notice to and participation by affected parties so that this matter may be
4 resolved in time to print ballots for the May 15, 2007 Marana general election.
5 B. For a determination of whether an automatic recount is required pursuant to A.R.S.
6 § 16-661(A); and if so, for an order requiring the Pima County Elections Division to
7 undertake the recount.
8 C. For all other and further relief as the Court deems appropriate under the circumstances.
9 RESPECTFULLY SUBMITTED on March 21, 2007.
1 ~ TOWN OF MARANA
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12 Frank Cassidy, Town Attorney
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{00004296.DOC /} - 3 - 3/15/2007 6:06 PM
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DIVISION OF ELECTIONS
PIMA COUNTY GOVERNMENTAL CENTER
130 W. CONGRESS STREET, TUCSON, AZ 85701
(520) 740-4260 FAX (520) 620-1414
March 29, 2007
In accordance with Arizona Revised Statutes, Title16, I hereby certify the enclosed tabulation
is a full, true and correct copy of the Returns of the Recount Election held pursuant to Arizona
Constitution and Arizona Revised Statutes Title 9 and 16 in and for The Town of Marana, Pima
County, Arizona on March 29, 2007. This tabulation includes all polling place ballots, early
ballots, touchscreen 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:03/29/07
031307-Pima Consolidated T~ Page: i of i
Summary For Jurisdiction Wide, All Counters, Town of Marana Recount Election
Town of Marana Council Member Recount
Unofficial and Unaudited
Registered Voters 35104 -Cards Cast 1871 5.33% Num. Report Precinct 21 -Num. Reporting 7 33.33%
TOWN OF MARANA COUNCIL
Polling Early PROV Total
Number of Precincts 5 0 0 5
Precincts Reporting 5 0 0 5 100.0
Vote For 2 2 2 2
Times Counted (Reg. Voters 14404) 2 1869 0 1871 13.0
Total Votes 4 3448 0 3452
Times Blank Voted 0 30 0 30
Times Over Voted 0 2 0 2
Number Of Under Votes 0 226 0 226
ALLEN, ROBERT 2 679 0 681 19.73%
BERRY, RANDAL 0 241 0 241 6.98%
BLAKE, JIM 1 427 0 428 12.40%
CLANAGAN, RUSSELL 0 934 0 934 27.06%
SUMMERS, BRET 0 240 0 240 6.95%
WALKER, CURTIS 0 87 0 87 2.52%
ZIEGLER, ROXANNE 1 837 0 838 24.28%
Write-in Votes 0 3 0 3 0.09%
~~~~~ ~~
~~~
Election Summary Report Date:03/29/07
031307-Pima Consolidated Time:14:13:05
Pagel of 1
Summary For 10-01, All Counters, Town of Marana Recount Election
Town of Marana Council Member Recount
Unofficial and Unaudited
Registered Voters 2685 -Cards Cast 1871 69.68% Num. Report Precinct 1 -Num. Reporting 1 100.00%
TOWN OF MARANA COUNCIL
Polling Early PROV Total t
Number of Precincts 1 0 0 1
Precincts Reporting 1 0 0 1 100.0
Vote For 2 2 2 2
Times Counted (Reg. Voters 2685) 0 433 0 433 16.1
Total Votes 0 797 0 797
Times Blank Voted 0 16 0 16
Times Over Voted 0 0 0 0
Number Of Under Votes 0 37 0 37
ALLEN, ROBERT 0 207 0 207 25.97%
BERRY, RANDAL 0 61 0 61 7.65%
BLAKE, JIM 0 135 0 135 16.94%
CLANAGAN, RUSSELL 0 152 0 152 19.07%
SUMMERS, BRET 0 42 0 42 5.27%
WALKER, CURTIS 0 20 0 20 2.51%
ZIEGLER, ROXANNE 0 180 0 180 22.58%
Write-in Votes 0 0 0 0 0.00%
Election Summary Report Date:o3i29ro7
031307-Pima Consolidated Time:14:12:46
Pagel of 1
Summary For 10-02, All Counters, Town of Marana Recount Election
Town of Marana Council Member Recount
Unofficial and Unaudited
Registered Voters 1708 -Cards Cast 1871 109.54% Num. Report Precinct 1 -Num. Reporting 1 100.00%
TOWN OF MARANA COUNCIL
Polling Early PROV Total
Number of Precincts 1 0 0 1
Precincts Reporting 1 0 0 1 100.0
Vote For 2 2 2 2
Times Counted (Reg. Voters 1708) 2 231 0 233 13.6
Total Votes 4 432 0 436
Times Blank Voted 0 3 0 3
Times Over Voted 0 0 0 0
Number Of Under Votes 0 24 0 24
ALLEN, ROBERT 2 120 0 122 27.98%
BERRY, RANDAL 0 53 0 53 12.16%
BLAKE, JIM 1 69 0 70 16.06%
CLANAGAN, RUSSELL 0 70 0 70 16.06%
SUMMERS, BRET 0 31 0 31 7.11%
WALKER, CURTIS 0 18 0 18 4.13%
ZIEGLER, ROXANNE 1 71 0 72 16.51%
Write-in Votes 0 0 0 0 0.00%
Election Summary Report Date:03/29/07
031307-Pima Consolidated Time:14:12:25
Pagel of 1
Summary For 10-03, All Counters, Town of Marana Recount Election
Town of Marana Council Member Recount
Unofficial and Unaudited
Registered Voters 4481 -Cards Cast 1871 41.75% Num. Report Precinct 1 -Num. Reporting 1 100.00%
TOWN OF MARANA COUNCIL
Polling Early PROV Total
Number of Precincts 1 0 0 1
Precincts Reporting 1 0 0 1 100.0
Vote For 2 2 2 2
Times Counted (Reg. Voters 4481) 0 750 0 750 16.7
Total Votes 0 1398 0 1398
Times Blank Voted 0 7 0 7
Times Over Voted 0 0 0 0
Number Of Under Votes 0 88 0 88
ALLEN, ROBERT 0 213 0 213 15.24%
BERRY, RANDAL 0 88 0 88 6.29%'
BLAKE, JIM 0 111 0 111 7.94%'.
CLANAGAN, RUSSELL 0 471 0 471 33.69%
SUMMERS, BRET 0 92 0 92 6.58%'
WALKER, CURTIS 0 26 0 26 1.86%.
ZIEGLER, ROXANNE 0 395 0 395 28.25%
Write-in Votes 0 2 0 2 0.14%.
Election Summary Report Date:03/29/07
Time:14:12:02
031307-Pima Consolidated Pagel of 1
Summary For 10-04, All Counters, Town of Marana Recount Election
Town of Marana Council Member Recount
Unofficial and Unaudited
Registered Voters 5259 -Cards Cast 1871 35.58% Num. Report Precinct 1 -Num. Reporting 1 100.00%
TOWN OF MARANA COUNCIL
Polling Early PROV Total
Number of Precincts 1 0 0 1
Precincts Reporting 1 0 0 1 100.0
Vote For 2 2 2 2
Times Counted (Reg. Voters 5259) 0 448 0 448 8.5
Total Votes 0 807 0 807
Times Blank Voted 0 4 0 4
Times Over Voted 0 2 0 2
Number Of Under Votes 0 77 0 77
ALLEN, ROBERT 0 138 0 138 17.10%
BERRY, RANDAL 0 39 0 39 4.83%
BLAKE, JIM 0 106 0 106 13.14%
CLANAGAN, RUSSELL 0 241 0 241 29.86%
SUMMERS, BRET 0 72 0 72 8.92%
WALKER, CURTIS 0 21 0 21 2.60%
ZIEGLER, ROXANNE 0 189 0 189 23.42%
Write-in Votes 0 1 0 1 0.12%
Election Summary Report Date:o3i29io7
031307-Pima Consolidated T~ Paged of 9
Summary For 10-05, All Counters, Town of Marana Recount Election
Town of Marana Council Member Recount
Unofficial and Unaudited
;istered Voters 271 -Cards Cast 1871 690.41%
Num. Report Precinct 1 -Num. Reporting 1 100.00%
-WN OF MARANA COUNCIL
Vumber of Precincts
?recincts Reporting
Vote For
Times Counted (Reg. Voters 271)
Total Votes
Times Blank Voted
Times Over Voted
Vumber Of Under Votes
Polling Early PROV Total
1 0 0 1
1 0 0 1 100.0
2 2 2 2
0 7 0 7 2.6
0 14 0 14
0 0 0 0
0 0 0 0
0 0 0 0
ALLEN, ROBERT 0 1 0 1 7.14%
BERRY, RANDAL 0 0 0 0 0.00%
BLAKE, JIM 0 6 0 6 42.86%
CLANAGAN, RUSSELL 0 0 0 0 0.00%
SUMMERS, BRET 0 3 0 3 21.43%
WALKER, CURTIS 0 2 0 2 14.29%
ZIEGLER, ROXANNE 0 2 0 2 14.29%
Write-in Votes 0 0 0 0 0.00%