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Home My WebLink About03/20/2007 Blue Sheet Primary Election Recount TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: March 20, 2007 AGENDA ITEM: J. 9. b. TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: 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. DISCUSSION The Pima County Elections Division has determined that Town Council candidate Russell Clanagan received 934 votes out of 1871 ballots cast at the Town of Marana's March 13, 2007 primary election. 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.... Based on Town Code section 2-2-1, candidate Clanagan needed a majority 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. Consequently, according to the canvass of votes approved at tonight's meeting, he is two votes short and must now stand for election with three other Council candidates at the 2007 Town of Marana general election in May. A.R.S. S 16-661 (A) requires a 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... ." Here, candidate Clanagan appears to be two votes short of being declared the elected to the office of Council member. However, the two-vote margin is not "between the two candidates receiving the greatest number of votes" for Council. So the automatic recount requirement of A.R.S. S 16-661(A) may not apply. On the other hand, victory in most candidate elections is measured by one candidate's votes relative to the other candidates' votes. Because a candidate may be declared elected to the Council based on the primary election by operation of Marana Town Code section 2-2-1, victory in this instance is measured by a candidate's votes relative to {00004292.DOC /} 3/15/2007 4:35 PM FJC the total ballots cast. Consequently, looking to the spirit and purpose of the recount requirement in A.R.S. ~ 16-661(A), a Court might conclude that a recount is required here. Under the procedures for automatic recount set forth at A.R.S. ~ 16-662, the Town Council must certify to the Superior Court the facts regarding automatic recount, and the Superior Court decides whether to enter an order requiring the recount under A.R.S. ~ 16-663. If the Superior Court determines that this situation falls within the automatic recount provisions of A.R.S. ~ 16-661(A), the Court will order the recount. A TT ACHMENTS . Resolution No. 2007-46 . Proposed form of petition to be filed in Pima County Superior Court RECOMMENDATION Town staff recommends adoption of Resolution No. 2007-46, certifying the facts regarding automatic recount of the March 13, 2007 Town of Marana primary election vote to the Pima County Superior Court, authorizing the filing of a petition in Superior Court, and declaring an emergency. SUGGESTED MOTION I move to adopt Resolution No. 2007-46. {00004292.DOC /} -2- 3/15/20074:35 PM FJC MARAN A 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 16-66l(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 ofthe Town of Maran a 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. {00004295.DOC /} - 1 - 1/12/20071:04 PM FJC 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 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. 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 by the Mayor and Council ofthe Town of Maran a, Arizona, this 20th day of March, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00004295.DOC I} - 2 - 1/12/2007 1 :04 PM FJC 1 TOWN OF MARANA MARANA LEGAL DEPARTMENT 2 11555 West Civic Center Drive Marana, Arizona 85653-7006 3 (520) 382-1942 Frank Cassidy, Town Attorney 4 State Bar No. 7358, PCC No. 8532 Cedric Hay, Senior Assistant Town Attorney 5 State Bar No. ^, PCC No. ^ 6 Attorneys for the TOWN OF MARAN A 7 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 8 IN AND FOR THE COUNTY OF PIMA 9 10 11 12 IN RE THE MUNICIPAL PRIMARY ELECTION OF THE TOWN OF MARAN A HELD ON MARCH 13, 2007. No. TOWN OF MARANA, an Arizona municipal corporation, PETITION REGARDING AUTOMATIC RECOUNT Petitioner, (A.R.S. SS 16-661 and 16-662) 13 PIMA COUNTY, a political subdivision of the 14 State of Arizona, acting by and through the Pima County Elections Division, 15 16 A Necessary Party, RUSSELL CLANAGAN, ROXANNE ZIEGLER, 17 ROBERT ALLEN and JIM BLAKE, affected Marana Town Council candidates, 18 19 Real Parties in Interest. 20 Petitioner TOWN OF MARANA ("Marana") alleges as follows: 21 1. Marana held a primary election on March 13, 2007 in which seven Town Council 22 candidates were running for two Town Council seats. 23 2. The Pima County Elections Division has determined that Town Council candidate and 24 Real Party in Interest Russell Clanagan ("Candidate Clanagan") received 934 votes out of 1871 25 ballots cast at the Town of Marana's March 13,2007 primary election. 26 {00004296.00C I} - 1 - 3/15/20076:06 PM 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 5 6 7 4. Based on Marana Town Code section 2-2-1, Candidate Clanagan needed a majority 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. 5. According to the official canvass of votes ofthe March 13,2007 Marana primary 8 election, which was approved and adopted by the Marana Town Council on March 20, 2007 by Resolution No. 2007-45, candidate Clanagan is two votes short of being declared elected to the 9 10 Marana Town Council and must now stand for election with Council candidates and Real 11 Parties in Interest Roxanne Ziegler, Robert Allen, and Jim Blake at the May 15, 2007 Marana 12 13 general election. 6. A.R.S. S 16-661(A) requires an automatic recount of a vote when the canvass "shows 14 that the margin between the two candidates receiving the greatest number of votes for a 15 16 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...." 17 7. It is not clear whether the automatic recount requirement of A.R.S. S 16-661(A) applies 18 19 20 to the March 13,2007 Marana primary election because the two-vote margin at issue here is not "between the two candidates receiving the greatest number of votes." 8. On March 20,2007, the Marana Town Council adopted Resolution No. 2007-46, 21 certifying the facts set forth in this petition, and authorizing this petition to be filed in the Pima 22 23 24 County Superior Court for a determination of whether or not to order an automatic recount in this situation. 25 26 {00004296.DOC I} - 2 - 3/15/2007 6:06 PM 1 2 A. 3 4 5 B. 6 7 8 C. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN RE THE TOWN OF MARANA 's MARCH 13, 2007 PRIMARY ELECTION WHEREFORE, the TOWN OF MARANA prays as follows: For 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 may be resolved in time to print ballots for the May 15, 2007 Marana general election. For a determination of whether an automatic recount is required pursuant to A.R.S. S 16-661 (A); and if so, for an order requiring the Pima County Elections Division to undertake the recount. For all other and further relief as the Court deems appropriate under the circumstances. RESPECTFULLY SUBMITTED on March 21, 2007. TOWN OF MARANA Frank Cassidy, Town Attorney {00004296.00C I} - 3 - 3/15/20076:06 PM