HomeMy WebLinkAboutOrd 2011-07ORDINANCE NO. 11 -07
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 2, ARTICLES 2 -3 AND 2 -6, BY ADDING
PROVISIONS RELATED TO MAIL BALLOT ELECTIONS.
WHEREAS, it is provided by law for the holding of primary, general and special
elections; and
WHEREAS, cities and towns have the option, pursuant to ARIZ. REV. STAT. 16409 to
conduct elections with mail ballots; and
WHEREAS, evidence shows that mail balloting yields high voter participation at a lower
cost to the Town of Fountain Hills (the "Town "); and
WHEREAS, evidence shows that mail ballots delivered by the United States Postal
Service remain secure and confidential; and
WHEREAS, to protect against voter fraud, the Maricopa County Recorder's Office
electronically scans and personally matches every voter signature affixed to each returned ballot
envelope against that voter's signature on file from his or her voter registration form; and
WHEREAS, the database maintained by the Maricopa County Elections Department is
designed to make it impossible for a voter to vote more than one ballot; and
WHEREAS, every effort is made by the Maricopa County Elections Department to
maintain ballot secrecy; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills have determined that
it is in the best interests of the Town that all elections be held by mail ballot only, unless such
elections are required to be conducted in the manner proscribed by Maricopa County when Town
elections fall on the same date as a county-wide election.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Fountain Hills Town Code, Chapter 2 (Mayor and Council),
Article 2 -3 (Council Election) is hereby amended by adding a new Section 2 -3 -5 (Mail Ballot
Election), which reads as follows:
1386450.3
Section 2 -3 -5 Mail Ballot Election
A. Except as provided in Subsection B of this Section 2 -3 -5, the town clerk shall
conduct all primary, general and special elections exclusively using mail ballots in
accordance with Arizona Revised Statutes Title 16, Article 8. 1, as amended.
B. Subsection A of this Section 2 -3 -5 shall not apply in the case of any town election
for which (1) there is a county -wide election on the same date and (2) Maricopa
County is not utilizing an all -mail ballot process.
SECTION 3. The Fountain Hills Town Code, Chapter 2 (Mayor and Council),
Article 2 -6 (Initiative and Referendum), Section 2 -64 (Sample Ballots and Publicity Pamphlets),
is hereby amended as follows:
Section 24-4 Sample Ballots and Publicity Pamphlets
A. A publicity pamphlet, containing the entire text of the official ballot, shall be
mailed by the town clerk to each household within the town in which a registered
voter resides, not less than to THE MINIMUM NUMBER OF days prior to the
election to which the sample ballot pertains, AS REQUIRED BY STATE LAW.
C. Arguments supporting and opposing propositions appearing on the ballot shall be
filed with the office of the town clerk by 5:00 p.m. not less than 54ty THE
MINIMUM NUMBER OF days prior to the election at which the propositions are
to be voted upon, AS REQUIRED BY STATE LAW. if time does not permit
compliance with the sixty day deadline, the town clerk may establish a separate
deadline for filing referendum ballot arguments. Arguments supporting or
opposing propositions appearing on the ballot shall meet the following
requirements:
4. Arguments must contain the original NOTARIZED signature of each
person sponsoring it. Arguments submitted by organizations shall be
signed by two executive officers of the organization, or if the argument is
sponsored by a political committee it must be signed by the committee's
chairman or treasurer. All persons signing documents shall indicate their
residence or post office address and a telephone number, which
information shall not appear in the publicity pamphlet.
1386450.3
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SECTION 4. The Fountain Hills Town Code, Chapter 2 (Mayor and Council),
Article 2 -6 (Initiative and Referendum) is hereby amended to add a new Section 2 -6 -5, to read as
follows:
Section 2 -6 -5 Mail Ballot Election
A. Except as provided in Subsection B of this Section 2 -6 -5, the town clerk shall
conduct all initiative and referendum elections, whether on the date of a primary,
general or special election, exclusively using mail ballots in accordance with
Arizona Revised Statutes Title 16, Article 8. 1, as amended.
B. Subsection A of this Section 2 -6 -5 shall not apply in the case of any town election
for which (1) there is a county -wide election on the same date and (2) Maricopa
County is not utilizing an all -mail ballot process.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction. such decision shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of FOUntail] Hills,
Arizona, January 20, 2011.
FOR THE TOWN OF FOUNTAIN HILLS:
J6j. Schlum, Mayor
REVIEWED BY:
Richard L. avis, Town Manager
138(A5Q.3
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ATTESTED TO:
,A&,( �' F F gq-_M 6 ,
WC
Bevelyn J. Be er, own Clerk
APP O ED AS TO FORM:
Andrew J. McGuire, Town Attorney