Sec. 12-31. Release of unofficial election returns.

   Unofficial Returns for ballots that have been counted may be released to the public at any time after 8:00 p.m. on Election Day.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-32. Adoption of official canvass of election.

   (a)   As provided by the City Charter, the mayor and council shall convene on the first Monday after Election Day in order to adopt the official canvass of the election. If, at the time, the returns from the election are incomplete, the official canvass shall be postponed from day to day, not to exceed twenty (20) days following the election. The results printed by the vote tabulating equipment, to which have been added write-in votes, shall, when certified by the city clerk, constitute the official canvass of each precinct.

   (b)   Upon completion of the canvass, the mayor shall forthwith issue a proclamation, proclaiming the whole number of votes cast for and against each proposed constitutional amendment, and for and against each initiated or referred measure, and declaring the amendments or measures which are approved by a majority of those voting thereon to be law.

(Ord. No. 11525, § 2, 2-21-18)

Secs. 12-33 – 12-38. Reserved.

ARTICLE IV. VOTE BY MAIL ELECTIONS AND EARLY VOTING

Sec. 12-39. Election Notice.

   (a)   Not less than ninety (90) days before any regularly scheduled city primary election not being conducted as vote by mail, the city clerk shall mail an election notice to all eligible city voters who are included on the Pima County Permanent Early Voting List. For vote by mail elections, the city clerk shall mail a notice to every active registered voter within the city limits. The notice shall be mailed by non-forwardable mail that is marked with the statement required by the postmaster to receive an address correction notification. The notice shall include:

      (1)   The date(s) of the election(s) that are the subject of the notice.

      (2)   The date(s) that the voter's ballot is expected to be mailed.

      (3)   The address where the ballot will be mailed.

   (b)   If the voter is not registered as a member of one of the political parties that is recognized for purposes of that primary, the notice shall include information on the procedure for the voter to designate a political party ballot.

   (c)   The notice shall be delivered with return postage prepaid and shall also include a means for the voter to do any of the following:

      (1)   Change the mailing address for the voter's ballot for the upcoming election or elections indicated on the notice.

      (2)   Update the voter's residence address.

      (3)   Request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice.

   (d)   If the voter is not registered as a member of a recognized political party and fails to notify the city clerk of the voter's choice of a political party ballot within forty-five (45) days before the primary election, the following apply:

      (1)   The voter shall not automatically be sent a ballot for that partisan open primary election only and the voter's name shall remain on the permanent early voting list for future elections.

      (2)   To receive an early ballot for the primary election, the voter shall submit the voter's choice for political party ballot to the city clerk.

   (e)   A voter may make a written request to the Pima County Recorder at any time to be removed from the permanent early voting list.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-40. Mailing vote by mail ballots.

   (a)   Not more than twenty-seven (27) days before the election and not fewer than fifteen (15) days before the election, the city clerk shall send by non-forwardable mail all official ballots with printed instructions and a return envelope bearing a printed ballot affidavit to each active registered voter entitled to vote in the election. The envelope in which the ballot is mailed shall be clearly marked with the statement required by the postmaster to receive an address correction and notification.

   (b)   In a primary election, any qualified elector not registered as a member of a political party qualified for the ballot, shall have the opportunity to designate the ballot of one of the political parties that is qualified for the ballot. The elector may receive and vote the ballot of only that one political party. By voting for one of these parties, it will not change the voter registration status of the elector.

   (c)   The mayor and council shall determine whether the voter or the city will pay for the postage for the return of electors' marked ballots. An elector who votes in a vote by mail election shall return the elector's marked ballot to the city clerk or to a designated depository site no later than 7:00 p.m. on the day of the election.

(Ord. No. 11525, § 2, 2-21-18)

Sec. 12-41. Request for early ballots; on-site early voting; emergency voting of electors.

   (a)   Within ninety-three (93) days before any city election not being conducted as vote by mail, an elector may make a request to the city clerk for an early ballot. The request shall include the name, the residence or temporary address and date of birth of the requester.

   (b)   If a request is made by a qualified and registered elector within twenty-seven (27) days before the election, the city clerk shall mail the ballot together with the affidavit postage prepaid to the elector within forty-eight (48) hours after receipt of the request. If an early ballot request is received on or before the thirty-first day before the election, the early ballot shall be distributed not earlier than the twenty-seventh day before the election and not later than the twenty-fourth day before the election.

   (c)   All requests must be received by 5:00 p.m. on the eleventh (11th) day before the election. If the request indicates that the elector desires a general election ballot as well as a primary election ballot, the city clerk shall honor the request, excluding Saturdays, Sundays, and other legal holidays.

   (d)   Upon specific request by a qualified elector, or where the city clerk deems hand delivery appropriate, the city clerk may, in lieu of mailing, authorize deputy city clerks to hand deliver the ballot, together with the affidavit, to the elector.

   (e)   Any qualified elector who is unable to go to the voting location because of confinement due to a continuing illness or physical disability, may request that the city clerk have a special election board personally deliver a ballot to the qualified elector at their place of confinement. Such requests must be made by 5:00 p.m. on the second (2nd) Friday before the election. This paragraph shall not be construed to limit the city clerk's powers regarding emergency voting under subsection (f) below.

   (f)   At the city clerk's discretion, a qualified elector may request to vote early, between 5:00 p.m. on the eleventh (11th) day before the election and 5:00 p.m. on the Monday preceding the election, as a result of an emergency. For purposes of this section, "emergency" means any unforeseen circumstances that would prevent the elector from voting.

   (g)   The city clerk may, in the city clerk's discretion, establish on site early voting locations. Any qualified elector who appears no later than 5:00 p.m. on the Friday before the election at an on-site early voting location shall be permitted to vote at the on site location.

(Ord. No. 11525, § 2, 2-21-18)