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(a) Permitted materials means written or printed material or items that express support for or opposition to a candidate who appears on the ballot in that election, a ballot question that appears on the ballot in that election or a political party with one (1) or more candidates who appear on the ballot in that election.
(1) Permitted materials must be displayed prior to the opening of the voting location. No additional materials will be allowed after 6:00 a.m.
(2) No permitted materials may be displayed inside the physical voting location itself.
(3) Permitted materials may only be displayed inside the seventy-five (75) foot limit in the area marked by city clerk staff prior to Election Day.
(4) Displays in this area must comply with the following:
a. signs posted in this area shall not exceed four (4) square feet;
b. prevent any interference with or danger to the movement of voters or city clerk election staff going into and out of the voting location;
c. provide equal access to all candidates, campaigns or other persons wishing to display permitted materials;
(5) Permitted materials displayed inside the seventy-five (75) foot limit must be secured to prevent accidental dispersion or scattering. If the volume, concentration, or positioning of materials is deemed to create a potential hazard to the movement of persons, city clerk elections staff shall have the right to reposition the materials.
(6) Any permitted material left or found inside the seventy-five (75) foot limit, and not located in the designated area, will be removed by city clerk election staff.
(b) No person shall do any of the following within the seventy-five (75) foot limit:
(1) Obstruct electors from entering or leaving the area provided for voting.
(2) Impede orderly voting.
(3) Otherwise interfere with the rights of electors.
(Ord. No. 11525, § 2, 2-21-18)
A person offering to vote may be orally challenged by any registered elector of the City upon any of the following grounds:
(a) The voter is not the person whose name appears on the register.
(b) The voter has not resided in the precinct for at least twenty-nine (29) days prior to the election.
(c) The voter is not properly registered at an address permitted by the Tucson Charter and State law.
(d) The individual is not a qualified registrant pursuant to State law.
(e) The individual has voted before at that election.
(Ord. No. 11525, § 2, 2-21-18)
(a) Upon challenge being made, if the person challenged appears to be registered, the person shall take and subscribe to the oath prescribed in the affidavit of registration and, if the person so elects, may be at once sworn to answer fully and truly all questions material to the challenges as are put to the person by the inspector of the voting location.
(b) Any returned United States mail addressed to the person challenged or the spouse of the person challenged, or both, and to the address appearing on the precinct register or affidavit shall be considered as sufficient grounds to proceed under this section.
(c) If after the examination on the challenge, a majority of the election board is satisfied that the challenge is not valid, the person challenged shall be permitted to vote.
(d) If the person challenged refuses to be sworn or affirmed, or refuses to answer questions material to the challenge or if a majority of the election board finds that the challenge is valid, the person challenged shall be permitted to vote a provisional ballot pursuant to State law.
(Ord. No. 11525, § 2, 2-21-18)
(a) The county chairman of each political party represented on the ballot may, by written appointment addressed to the early ballot board, designate party representatives and alternates to act as early ballot challengers for the party.
(b) No party may have more than the number of such representatives or alternates which were mutually agreed upon by each political party to be present at one time. If such agreement cannot be reached, the number of representatives shall be limited to one for each political party.
(c) An early ballot may be challenged on any grounds set forth in section 12-27. All challenges shall be made in writing with a brief statement of the grounds prior to the early ballot being placed in the ballot box.
(1) If an early or mail ballot is challenged, it shall be set aside and retained in the possession of the early ballot board or other officer in charge of early ballot processing until a time that the early ballot board sets for determination of the challenge.
(2) The early ballot board shall hear the grounds for the challenge and shall decide what disposition shall be made of the early ballot by majority vote. If the early ballot is not allowed, it shall be handled pursuant to rejection procedures promulgated by the city clerk.
(d) Within twenty-four (24) hours of receipt of a challenge, the ballot board or other officer in charge of early ballot processing shall mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the request for an early ballot or, if none was provided, to the mailing address shown on the registration rolls.
(1) Notice shall also be mailed to the challenger at the address listed on the written challenge and provided to the county chairman of each political party represented on the ballot.
(2) The board shall meet to determine the challenge at the time specified by the notice but, in any event, not earlier than ninety-six (96) hours after the notice is mailed, or forty-eight (48) hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m. on the Monday following the election.
(3) The board shall provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge. The board may decline to permit comments, either in person or in writing, by anyone other than the voter, the challenger and the party representatives.
(4) The burden of proof is on the challenger to show why the voter should not be permitted to vote. The fact that the voter fails to appear shall not be deemed to be an admission of the validity of the challenge.
(5) The ballot board or other officer in charge of early ballot processing is not required to provide the notices described in this subsection if the written challenge fails to set forth at least one of the grounds listed in section 12-27 as a basis for the challenge. In that event, the challenge will be summarily rejected at the meeting of the board.
(6) Except for election contests pursuant to state law, the board's decision is final and may not be appealed.
(e) If the vote is allowed, the board shall open the envelope containing the ballot in such a manner that the affidavit thereon is not destroyed, take out the ballot without unfolding it or permitting it to be opened or examined and show by the records of the election that the elector has voted.
(f) If the vote is not allowed, the affidavit envelope containing the ballot shall not be opened and the board shall mark across the face of such envelope the grounds for rejection. The affidavit envelope and its contents shall then be deposited with the opened affidavit envelopes and shall be preserved with official returns.
(1) If the voter does not enter an appearance, the board shall send the voter a notice stating whether the ballot was disallowed and, if disallowed, providing the ground for the determination.
(2) The notice shall be mailed by first class mail to the voter's mailing address as shown on the registration rolls within three (3) days after the board's determination.
(Ord. No. 11525, § 2, 2-21-18)
(a) The election board, in determining the place of residence of a person, shall be governed by the following rules, so far as applicable:
(1) The residence of a person is that place in which his habitation is fixed and to which he has the intention of returning when absent.
(2) A person does not gain or lose his residence by reason of his presence at or absence from a place while employed in the service of the United States or of this state, or while engaged in navigation, or while a student at an institution of learning or while kept in an almshouse, asylum or prison.
(3) A person does not lose his residence by leaving his home to go to another county, state or foreign country for merely temporary purposes, with the intention of returning.
(4) A person does not gain a residence in any county into which he comes for merely temporary purposes, without the intention of making that county his home.
(5) If a person removes to another state with the intention of making it his residence, he loses his residence in this state.
(6) If a person removes to another state with the intention of remaining there for an indefinite time, and of making the place his present residence, he loses his residence in this state, even though he has an intention of returning at some future period.
(7) The place where a person's family permanently resides is his residence, unless he is separated from his family, but if it is a place of temporary establishment for his family, or for transient purposes, it is otherwise.
(8) If a person has a family residing in one place and he does business in another, the former is his place of residence, but a person having a family who has taken up his abode with the intention of remaining and whose family does not so reside with him shall be regarded as a resident where his abode has been taken.
(9) A United States citizen who has never resided in the United States is eligible to vote in this state by using a federal write-in early ballot as prescribed in sections A.R.S. 16-103 and 16-543.02 if both of the following apply:
a. A parent is a United States citizen.
b. The parent is registered to vote in this state.
(10) The mere intention of acquiring a new residence without the act of removal avails nothing and neither does the act of removal without the intention.
(b) The term of residence shall be computed by including the day on which the person's residence commenced and by excluding the day of election.
(c) Before administering an oath to a person touching his residence, the inspector, if requested by any person, shall read to the person challenged the rules set forth in subsection (a) of this section.
(Ord. No. 11525, § 2, 2-21-18)
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