Loading...
(a) A committee may terminate only when the committee treasurer files a termination statement with the city clerk.
(b) In the termination statement, the committee treasurer shall certify under penalty of perjury that all of the following apply:
(1) The committee will no longer receive any contributions or make any disbursements.
(2) The committee either:
a. Has no outstanding debts or obligations.
b. Has outstanding debts or obligations, or both, that are all more than five (5) years old, and that the committee's creditors have agreed to discharge the debts and obligations and have agreed to the termination of the committee.
(3) Any surplus monies have been disposed of and that the committee has no cash on hand.
(4) All contributions and expenditures have been reported, including any disposal of surplus monies.
(c) The city clerk may reject the termination statement if it appears that the requirements in subsection (b) of this section have not been satisfied.
(d) After a termination statement is filed, a committee:
(1) Is not required to file any subsequent campaign finance reports.
(2) Shall have no further receipts or disbursements without filing a new statement of organization.
(e) A standing committee may terminate its activities in the City and remain active in other reporting jurisdictions, by filing a statement of that intent with the city clerk.
(Ord. No. 11525, § 2, 2-21-18)
Pursuant to Tucson Charter Chapter XVI subchapter (b) section 6, the mayor and council shall establish an election campaign account in the general fund into which shall be deposited such sums as may be appropriated from time to time in the annual budget, gifts and donations made to the city for the support of public election campaign financing, and such sums as may otherwise be appropriated to said account. Money in said account shall be restricted, and expended for the purpose of assisting the financing of the public matching funds program.
(Ord. No. 11525, § 2, 2-21-18)
Secs. 12-100 – 12-109. Reserved.
ARTICLE VIII.
INITIATIVE
INITIATIVE
Any proposed ordinance or amendment to the Charter of the City of Tucson may be submitted to the mayor and council by a petition signed by fifteen (15) percent of the qualified electors of the city, computed on the vote for the candidates for mayor at the last preceding general municipal election at which a mayor was elected.
(Ord. No. 11525, § 2, 2-21-18)
(a) A person or persons intending to circulate an initiative petition shall, before causing the petition to be printed and circulated, file with the city clerk an application on a form to be provided by the city clerk, stating an intent to circulate and file a petition. The application shall set forth the names, addresses and signatures of three (3) individuals ("petitioners") who are responsible for the petition and who are to be notified of all proceedings and actions taken in reference to the petition.
(b) The application shall be accompanied by the complete title and text of the proposed measure to be initiated.
(c) On receipt of the application, the city clerk shall assign an official serial number to the petition, which number shall appear in the lower right-hand corner of each side of each page thereof, and issue that number to the applicant. The serial numbers shall be assigned in numerical sequence. The city clerk shall maintain a record of each application received, the numbers assigned, and the applicant and petitioners to whom issued.
(d) The statement of organization required in section 12-84 of this code, and listing the chairperson and treasurer of the committee, shall be filed with the city clerk at the time of application and before circulating petitions. Signatures obtained before the filing of a completed statement of organization with the city clerk are void and shall not be counted in determining the legal sufficiency of any initiative petition(s).
(e) The city clerk shall make available to each applicant by electronic means a copy of the text of this chapter governing the initiative and referendum, a copy of A.R.S. Title 19 and all rules adopted by the secretary of state pursuant to that title.
(f) The provisions of article VII of this chapter, "Campaign Finance; Candidates, Political Action Committees, and Public Funding Program," shall apply to initiative petitions.
(Ord. No. 11525, § 2, 2-21-18)
(a) The term "petition," as used in this article, includes the title and text of the proposed measure, the signature sheets, and the affidavit of circulator.
(b) The term "at all times during circulation" means the entire period from the time the circulator receives any blank initiative petition for circulation until the time the petition is filed with the city clerk.
(c) Any initiative petition desired to be submitted to the mayor and council shall be presented upon a petition in the form prescribed by the city clerk.
(d) The referendum and recall petitions filed with the city clerk must strictly comply with the constitutional and statutory requirements for the referendum and recall process. This includes the form of petition and the requirement that the ward number shall be filled in on the signature sheet.
(e) It is the responsibility of the petitioners of the initiative petition to ensure that at all times during circulation, the petition is in the required form, that it contains all required information, and that all of its pages are fully legible. Any deficiencies are subject to challenge by the public as well as the city clerk.
(f) No additional information, instructions, symbols, or markings of any kind are to be printed on any portion of the petition, including the back or margins of any of the petition documents (title/text, signature sheet, affidavit of circulator).
(g) The title and text of the measure proposed by the petition shall be printed in at least eight (8) point type on either 8 1/2 x 11" or 8 1/2 x 14" paper, portrait or landscape orientation, and shall include both the original and (if applicable) amended text. The title and text shall indicate material deleted, if any, by printing the material with a line drawn through the center of the letters of the material, and shall indicate material added or new material by printing the letters of the material in capital letters. The eight (8) point type requirement does not apply to maps, charts, or other graphics.
(h) If the full printing of the title and text of the proposed measure requires multiple pages, the title and text may be printed either on the front of each page or on the front and back of each page, at the option of the petitioners. Each and every page of the title and text shall be numbered sequentially (e.g. Page 1 of 5, Page 2 of 5, etc.) and the number shall appear in the upper right-hand corner of each page, immediately below the words "Tucson, Arizona" and the date of issuance.
(i) The initiative petition shall be printed in black ink on white or recycled white pages.
(j) The signature sheets shall be fourteen (14) inches in width by eight and one-half (8 1/2) inches in length.
(k) All pages of the petition shall have a margin of at least one-half (1/2) inch at the top and one-fourth (1/4) inch at the bottom of each page.
(l) The title of the petition shall read "CITY OF TUCSON" in the left margin followed by "Initiative Description" centered.
(m) The following language shall appear in the uppermost right-hand corner of the signature sheet: "It is unlawful to sign this petition before it has a serial number."
(n) Immediately below the statement required in subsection (m) of this section, each signature sheet shall have printed in capital letters in no less than twelve (12) point bold-faced type the following:
" PAID CIRCULATOR"
" VOLUNTEER"
(o) Immediately below the heading required in subsection (l) of this section, the petition shall include a description of no more than one hundred (100) words.
(p) Immediately below the description required in subsection (o) of this section, the following language shall be included: "Notice: This is only a description of the proposed measure (or charter amendment) prepared by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the title and text of the measure are attached. You have the right to read or examine the title and text before signing."
(q) Immediately below the notice required in subsection (p) of this section, the following language shall be included in eight (8) point centered type "Initiative Measure to be Submitted Directly to Electors". Immediately below this centered heading, the following language shall be included: "To the Honorable Mayor and Council, and the Clerk of the City of Tucson: We, the undersigned, residents of the City of Tucson, Arizona, and duly qualified electors therein, do hereby submit and propose to you, for adoption, the following ordinance, and request that action be taken by you relative to the adoption or rejection of such proposed ordinance, at the earliest possible moment, and that the same be forthwith submitted to a vote of the people, to-wit: __________________, as described in the attached Title and Text. Each signer says: I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am a qualified elector of the City of Tucson, State of Arizona".
(r) Immediately following the language described subsection (q) above, the following language shall be included: "Warning: It is a class 1 misdemeanor for any person to knowingly sign an initiative petition with a name other than his own, except in a circumstance where he signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his own name because of physical infirmity, or to knowingly sign his name more than once for the same measure, or to knowingly sign such petition when he is not a qualified elector."
(s) The signature sheet shall include columns with the following headings:
(1) Signature
(2) Name (First and Last Name Printed)
(3) Actual Address (Street & Number, if no street address, describe residence location)
(4) Arizona Post Office Box and Zip Code
(5) City or Town
(6) Ward No.
(7) Date Signed
(t) Each signature sheet shall contain lines for signatures numbered one (1) through fifteen (15).
(u) Immediately below the fifteen (15) numbered lines described in subsection (t) above, the following language shall be included: "The validity of the signatures on this sheet must be sworn to by the circulator before a notary public on the form appearing on the back of the sheet."
(v) The official serial number shall appear in the lower right-hand corner, immediately preceded by the words "Serial Number" on both sides of the signature sheet and the title and text page(s).
(Ord. No. 11525, § 2, 2-21-18)
(a) The affidavit shall be in the following form printed on the reverse side of each signature sheet: "Initiative Affidavit of Circulator".
(b) The words "Tucson, Arizona" and the date of issuance shall appear in the upper right-hand corner.
(c) In the upper left-hand corner include the following:
State of Arizona )
) ss.:
County of )
(Where notarized)
(d) Immediately below the language described in subsection (c), the following language shall be included:
I, (print name) , a person who is not required to be a resident of this state but who is otherwise qualified to register to vote in the County of , in the State of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that subject to section 19-115, Arizona Revised Statutes, each individual printed the individual's own name and address and signed this sheet of the foregoing petition in my presence on the date indicated and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the City of Tucson and that at all times during circulation of this signature sheet a copy of the title and text was attached to the signature sheet (Ariz. Const. Art. IV, Pt. 1, §§ 1, ¶ 9, Arizona Revised Statutes § 19-112 (B), (C), (D), 19-114 (A) Tucson Charter, Chapter XIX, § 2, Tucson Code § 12-116(f)). The signatures appearing on this petition sheet are the genuine signatures of the persons whose names they bear (Tucson Charter, Chapter XIX, § 2). I retained direct custody and control of this signature sheet, and personally observed each signer of this signature sheet actually sign it (Tucson Code § 12-116(c)(h)). I crossed out and initialed blank signature lines on this signature sheet prior to or at the time my signature on this affidavit was notarized (Tucson Code § 12-116(j)).
(e) Immediately following the language in subsection (d), the following shall be included: "The names of the petitioners who should be notified of all proceedings and action taken in reference to this petition are:"
(f) Immediately below the information required in subsection (e), the following shall be included: the petitioners' printed names, residence addresses, street and number (if no street address, describe residence location).
(g) Immediately below the statement described in subsection (f), the following shall be included: the circulator signature, printed name, actual residence address, street and number (if no street address, describe residence location).
(h) Immediately following the circulator signature required in subsection (g), the following shall be included:
Subscribed and sworn to (or affirmed) before me on (date)
Notary Public
(Form shall include a designated location for notary stamp)
(i) The official serial number shall appear in the lower right-hand corner, immediately preceded by the words "Serial Number" on both sides of the signature sheet and the title and text page(s).
(j) The affidavit of circulator shall not be modified. Any petition that contains a partially completed affidavit or any affidavit that has been modified is invalid.
(Ord. No. 11525, § 2, 2-21-18)
Loading...