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ARF- 61

Consent Agenda Item 5- B

Regular BOS Meeting

Meeting Date:	09/21/2010
Submitted By:	Linda Eastlick, Elections
Department:	Elections

Information

Request/Subject

Order to cancel elections and appoint board members for certain County Improvement Districts, Fire Districts, and School Districts.

Background Information

Water districts, wastewater districts, and sanitary districts are collectively known as County Improvment Districts. County Improvement Districts and School Districts are covered in Title 48. School Districts are covered in Title 15. Elections is covered in Title 16

ARS 16.410(A) provides: for any election held pursuant to Title 15, Title 48 or Section 16-822, if the total of the number of persons who file a nomination petition for a candidate and the number of persons who file a nomination paper for a write-in candidate is less than or equal to the number of positions to be filled at the election, the county board of supervisors may cancel the election and appoint the person or persons who filed the nomination petition or nomination paper to fill the position for the term of office for which the candidate was nominated by the qualified electors.

ARS 16-410(B) states a person who is appointed pursuant to subsection A is fully vested with the powers and duties of the office as if elected to that office.

16-410(D) provides that canceled elections shall not appear on any ballot.

Evaluation

The ability to cancel elections and appoint board members under these circumstances results in significant cost savings for each of the special districts, the school districts, and the County. The districts do not have to pay the County for the election and the County does not have to include all these candidates on a ballot where they would have been automatically elected anyway. Additionally, the County is not required to create numerous different ballot styles for each of these individual districts.

Conclusion

Arizona Revised Statutes provide for the cancellation of elections and the appointment of board members for county improvement districts, fire districts, and school districts when the number of persons who filed nomination papers or write-in papers is equal to or less than the number of positions available. The implementation of an Order to cancel and appoint results in cost savings to the districts and to the County.

Recommendation

The Division of Elections recommends the Board of Supervisors approve the Order to cancel elections and appoint board members for the county improvement districts, fire districts, and school districts listed in the Order.

Suggested Motion

Approval of an Order to cancel elections and appoint governing board members to the fire districts, water districts, wastewater districts, sanitary districts, school districts and technological districts named in the Order.

Attachments
Order to Cancel-Appoint