If his certificate shows the petition to be insufficient, he shall at once notify in writing one (1) or more of the persons designated on the petition as filing the same; additional signatures, properly verified, may be filed at any time within ten (10) days from the filing of the certificate. The clerk shall, immediately after such refiling, make like examination of the additional signatures, and attach thereto his certificate of the result. If still insufficient, or if no additional signatures are so filed, he shall return the petition to one of the persons designated as filing it, without prejudice, however, to the filing of a new petition for the same purpose.
Editors Note: On March 14, 2007, in Fleischman v. Protect Our City, 214 Ariz. 406, 153 P.3d 1035 (2007), the Arizona Supreme Court held that A.R.S. § 19-121(B) preempts Chapter XXI, § 6 and Tucson Code section 12-59. A.R.S. § 19-121(B) provides that once petition signature sheets are filed in support of a ballot measure, "no additional petition sheet may be accepted for filing", and thus does not allow the filing of additional signatures within the ten days after the city clerk certifies a city initiative petition insufficient.