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If, after completion of the procedures described in this chapter, the number of signatures remaining on the sheets which are eligible for verification does not appear to equal or exceed the minimum number required, the city clerk shall reject the initiative petition, without prejudice to the filing of a new petition for the same purpose. Disposition of the insufficient petition shall be pursuant to section 12-130 of this code.
(Ord. No. 11525, § 2, 2-21-18)
(a) After issuing the interim receipt of sufficiency to the petitioners for the initiative petition, the city clerk shall, at random, select five percent (5%) of the signatures determined to be eligible for verification. The random sample signatures to be verified shall be drawn in such a manner that every signature filed with the city clerk has an equal chance of being included in the sample.
(b) Upon generation of the random sample, the city clerk shall reproduce a facsimile of the front of each signature sheet containing a random sample signature and shall forward those facsimile signature sheets to the county recorder, who shall have fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, to complete their examination and certify the results of the random sample.
(Ord. No. 11525, § 2, 2-21-18)
Within seventy-two (72) hours, excluding Saturdays, Sundays and legal holidays, after receipt of the facsimile signature sheets and the certification of the results of the random sample from the county recorder, the city clerk shall determine the total number of valid signatures in the following manner:
(a) Subtract all signatures from the total number of eligible signatures on petitions containing a defective circulator's affidavit.
(b) If a signer has signed more than once, subtract all but one otherwise valid signature;
(c) Subtract all signatures that were found to be ineligible by the county recorder or found to be ineligible by the city clerk that were not previously subtracted;
(d) After determining the percentage of all signatures found to be invalid in the random sample, subtract a like percentage from those signatures remaining after all previous subtractions have been performed.
(Ord. No. 11525, § 2, 2-21-18)
If the actual number of signatures on the remaining sheets after all subtractions equals or exceeds the minimum number required by the constitution or if the number of valid signatures as projected from the random sample is at least one hundred per cent (100%) of the minimum number required by the constitution, the city clerk shall issue the following receipt to the person or organization that submitted them:
signature sheets bearing signatures for initiative petition serial number have been refused for filing in this office as provided by law. A total of signatures included on the remaining petition sheets were found to be ineligible. Of the total random sample of signatures, a total of signatures were invalidated by the county recorder resulting in a failure rate of per cent. The actual number of remaining signatures for such initiative petition number are equal to or in excess of the minimum required by the constitution to place a measure on the next ensuing city general election ballot. The number of valid signatures filed with this petition, based on the random sample, appears to be at least one hundred per cent (100%) of the minimum required or through examination of each signature has been certified to be greater than the minimum required by the constitution.
Date:
city clerk (Seal)
The city clerk shall then forthwith notify the mayor and council that a sufficient number of signatures has been filed and the initiative shall be forwarded to the mayor and council for action pursuant to section 12-128 of this code.
(Ord. No. 11525, § 2, 2-21-18)
If the number of valid signatures as projected from the random sample is less than one hundred per cent (100%) of the minimum number required by the constitution or if the actual number of signatures on the remaining sheets after all subtractions from the random sample or after certification fails to equal or exceed the minimum required by the constitution, the city clerk shall dispose of the insufficient petition in the manner set forth in section 12-130 of this code and shall issue to the person or organization that submitted them, a certified statement that, for the following reasons, the petition lacks the minimum number of signatures to place it on the general election ballot:
(1) Signature sheets bearing city clerk page numbers and bearing signatures of persons appeared on petitions that were required to be removed.
(2) A total of signatures on the remaining petition sheets were found to be ineligible.
(3) A total of signatures included in the random sample have been certified by the county recorder as ineligible at the time such petition was signed and a projection from such random sample has indicated that more signatures are ineligible to appear on the petition.
A copy of the certification of the county recorder pursuant to A.R.S. § 19-121.02 shall accompany the certified statement.
(Ord. No. 11525, § 2, 2-21-18)
When the petition shall be found by the city clerk to be sufficient, the city clerk shall submit the same, with the certificate of sufficiency without delay, to the mayor and council; and the mayor and council shall either:
(1) Pass said initiative, without alteration, within twenty (20) days after the attachment of the city clerk's certificate of sufficiency of the accompanying petition, or
(2) Within twenty-five (25) days after the city clerk shall have attached the certificate of sufficiency to the petition, the mayor and council shall proceed to call a special election to be held in conjunction with the next ensuing city general election at which said initiative without alteration shall be submitted to the vote of the people.
(Ord. No. 11525, § 2, 2-21-18)
The city clerk shall retain an electronic copy of all signature sheets, subsequently certified as sufficient, pursuant to the retention schedule prescribed by the Arizona State Library, Archives and Public Records. After the time period for legal challenges has elapsed, the original petitions shall be made available to the applicant but may be disposed of by the city clerk after a reasonable period of time.
(Ord. No. 11525, § 2, 2-21-18)
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