HomeMy WebLinkAboutCouncil Presentation - Council vacancy, recount provisions Council presentation Code ChangesMARANA
3/18/25
Amending Marana
Town Code (MTC) Title 2
-Mayor and Council
Jane Fairall, Town Attorney
Overview - Areas
of Amendment
• Revisions required to be consistent with state law:
• Vacancy in Mayor or Council Member Position
• Automatic Recount in Election
• Revision required because current MTC does not address
issue:
• Vacancy in Vice Mayor Seat
Current MTC
Section 2-1 -4
Vacancies
• Council Member Vacancy
• Council appoints for the unexpired term -regardless of when
vacancy occurs
• Mayor Vacancy
• If vacancy occurs more than 18 months into term, Council
appoints for the unexpired term
• If vacancy occurs within first 18 months of term, Council appoints
until a special election at the next primary & general election
• Person elected at special election completes the term
A.R.S.
§ 9-235(A)
Mayor or Council Vacancy (no distinction):
• If vacancy occurs more than 30 days before the
nomination petition deadline*, Council appoints until a
special election at the next primary & general election
• Person elected at the special election is declared elected after the canvass
and certification of the primary election (rather than the general election)
• If vacancy occurs less than 30 days before the nomination
petition deadline, Council appoints for the unexpired term
* Nomination petition deadline = not less than 120 days nor more than 150 days before the
primary election
Automatic
Recount
Current MTC Section 2-2-8
• Automatic recount required when the margin between
two candidates (or for and against a measure) is less than
5 votes
A.R.S. § 16-661(A)
• Automatic recount required when the margin between
two candidates (or for and against a measure) is less than
or equal to one-half of 1% of the number of votes cast for
both candidates (or on a measure)
MTC
Section 2-3-1
Vice Mayor
• Sets forth procedures for selection of Vice Mayor
• Every 2 years, after the date of each general election, Council chooses
a new Vice Mayor by majority vote
• Code does not currently include a provision for selecting a
Vice Mayor if there is a vacancy in the seat
• Proposed ordinance would add paragraph B to Section 2-3-1
• If there's a vacancy in the Vice Mayor's seat, Council chooses a new
Vice Mayor by majority vote, using the same procedure that is used to
choose a Vice Mayor after each general election
Staff Recommendation
Staff recommends approval of the Ordinance adopting the revisions to
Marana Town Code Title 2 - Mayor and Council
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