Within ten (10) days after issuing the receipt, the city clerk shall ascertain whether the petition is signed by the requisite number of qualified electors to forward to the Pima County Recorder for further processing pursuant to applicable state law along with a receipt specifying the number of signature sheets and random sample signatures as determined by the city clerk.
(a) The city clerk shall examine the petition for improper formatting. Examples of improperly formatted pages include, but are not necessarily limited to, the following:
(1) Signature sheets that are not attached to a complete copy of the title and text of the measure being proposed or referred;
(2) Failure by the petitioners to organize the signature sheets and group them by circulator as required by section 12-119 (b) of this code. The city clerk shall return as unfiled any signature sheets that are not so organized and grouped;
(3) Any petition page that does not bear the words "Tucson, Arizona" and the date of issuance of the serial number in the upper right-hand corner;
(4) Signature sheets that either do not themselves bear the city clerk's official serial number in the lower right-hand corner, or that are attached to title and text pages which do not bear the official serial number, or that have both of these defects;
(5) Signature sheets which are themselves, or whose attached title and text pages are, damaged in such a manner that the format or legibility of the petition is both in violation of this chapter and beyond correction (e.g. the official serial number is torn off, the title and text is missing, etc.);
(6) Statutory language is missing from the signature sheet, including but not limited to the "Notice", the "Warning" and the statement beginning with "we the undersigned...."
(b) The city clerk shall examine the petition for defects. Signatures on a signature sheet with the following defects in the circulator's affidavit shall not be included in the count of signatures eligible for verification, and shall be ineligible for inclusion in the total number of valid signatures:
(1) Is not completed or signed by the circulator;
(2) Is missing the designated county;
(3) Is not notarized;
(4) Is missing the notary's signature;
(5) Has been notarized by a notary whose commission has expired;
(6) Does not have the notary's seal affixed or whose seal is not in compliance with the Arizona Revised Statutes relating to notaries public and the Secretary of State's Arizona Notary Public Reference Manual;
(7) Does not bear a notarization date;
(8) Contains a notary signature that is dated earlier than the date on which any elector signed the signature sheet;
(9) Is attached to a page where the circulator failed to cross out and initial any blank signature lines at the time of or prior to notarization;
(10) The circulator is prohibited from participating in any election, initiative, referendum or recall campaign pursuant to A.R.S. § 19-119.01 (D);
(11) The circulator did not mark whether they are a paid circulator or a volunteer;
(12) Those sheets on which the circulator is required to be registered with the secretary of state pursuant to Tucson Code § 12-115 and the circulator is not properly registered at the time the petitions were circulated.
(13) In the opinion of the city clerk, it is otherwise defective.
(c) The disqualification of a signature sheet results in the invalidity and removal of all signatures on that signature sheet, but not necessarily all signature sheets circulated by that circulator without an independent reason for disqualification of each signature sheet.
(d) Signatures on or attached to improperly formatted pages of the petition shall not be included in the count of signatures eligible for verification.
(e) Individual signature sheets that are damaged, illegible or improperly formatted may be accepted for examination and verification at the city clerk's discretion.
(f) The city clerk shall examine the individual signatures (or signature lines) contained on each numbered signature sheet of the petition. A signature is not eligible for verification, and is ineligible for inclusion in the total number of valid signatures, if it meets any of the following criteria:
(1) The original signature is missing from the signature line;
(2) The residence address or description of the residence location is missing (street and number; and/or if no street address, described residence location) or the column contains only a post office box;
(3) The date of signing is missing;
(4) There is more than one (1) signature placed on the numbered signature line, in which case only the signature which is actually on the line will be eligible for verification and all other signatures shall be rejected;
(5) There is an excess of fifteen (15) signatures on the signature sheet, in which case the one(s) in excess shall be rejected;
(6) The signature has been withdrawn, pursuant to controlling legislation;
(7) The date of signature is after the date on which the Affidavit of Circulator was notarized;
(8) The date the circulator or notary signed is earlier than the date the sheet was signed.
(9) The signature has been crossed out, or otherwise defaced, prior to being received by the city clerk.
(10) Ditto marks in any column except the signature column are acceptable as long as the reiterated information is valid.
(11) The circulator has printed the elector's first and last name (or other information) in violation of controlling legislation.
(12) The signature appears on a signature sheet that was circulated by a county recorder, a justice of the peace, or a circulator who is not qualified to register to vote in the State of Arizona at the time of circulation of the signature sheet;
(13) The signature was obtained prior to the issuance of the petition serial number;
(14) Signatures obtained by a person who is not a resident of the State of Arizona and who failed to register with the secretary of state;
(15) For the provisions of referendum and recall petitions, the ward number is missing;
(16) The signature or accompanying information is, in the opinion of the city clerk, otherwise insufficient or defective.
(Ord. No. 11525, § 2, 2-21-18)