HomeMy WebLinkAboutOrd 2015-09ORDINANCE 15-09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE,CHAPTER 2
MAYOR AND COUNCIL,ARTICLE 2-3,COUNCIL ELECTION BY
MODIFYING THE PROVISIONS RELATING TO ALL-MAIL BALLOT
ELECTIONS AND BY INCORPORATING CHANGES TO STATE LAW
REGARDING CALCULATION OF THE MAJORITY OF VOTES CAST.
WHEREAS,the Fountain Hills Town Code (the "Town Code")provides that all Town of
Fountain Hills ("Town")elections shall be exclusively by mail;and
WHEREAS,the Town contracts with Maricopa County to conduct elections on the Town's
behalf;and
WHEREAS,many of theTown's elections are,dueto State Law,held on the same dates as
county-wide and state-wide elections; and
WHEREAS,Maricopa County recently informed the Town that,for Town elections falling
on the same day as county-wide and state-wide elections,the County would no longer be
accommodating all-mail election procedures,and would instead be conducting all such elections by
traditional "ground" polling stations; and
WHEREAS,during the 2015 Legislative Session,the Arizona Legislature revised the
provisions in State Law regarding how the majority of votes cast is calculated,causing the Town
Code to be out of conformance; and
WHEREAS,the Mayor and Council ofthe Town desires to amend the Town Code to modify
the provisions requiring all-mail elections and to revise the procedures for calculating a majority of
votes cast at an election to conform with State Law.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYORAND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1.The foregoing recitals are incorporated asif fully set forth herein.
SECTION 2.The Town Code Chapter 2 (Mayor and Council),Article 2-6 (Initiative and
Referendum),Section 2-6-5 (Mail Ballot Election),is hereby amended as follows:
Section 2-6-5 Mail Ballot Election
The Town Clerk shall MAY conduct aH initiative and referendum elections whether on the date
of primary,general or special elections,exclusively using mail ballots in accordance with Ariz.
Rev.Stat.ยง 16-409, as amended, IF SUCH ELECTIONS ARE NOT CONSOLIDATED
WITH COUNTY-WIDE OR STATE-WIDE ELECTIONS.
SECTION 3.The Town Code Chapter 2 (Mayor and Council),Article 2-3 (Council
Election),is hereby deleted in its entirety and replaced with the following:
2490743.2
