Arizona Constitution|Section 5 - Charter committee; charter preparation; approval

                                                

Article 12 Section 5 - Charter committee; charter preparation; approval



5. Charter committee; charter preparation; approval

Section 5. A. The board of supervisors of any county with a
population of more than five hundred thousand persons as determined by the
most recent United States decennial or special census may call for an election
to cause a charter committee to be elected by the qualified electors of that
county at any time. Alternatively, the board of supervisors of any county
with a population of more than five hundred thousand persons as determined by
the most recent United States decennial or special census shall call for the
election of the charter committee within ten days after receipt by the clerk
of the board of supervisors of a petition that demands the election and that
is signed by a number of qualified electors of the county at least equal to
ten per cent of the total number of ballots cast for all candidates for
governor or presidential electors in the county at the last preceding general
election. The election shall be held at least one hundred days but not more
than one hundred twenty days after the call for the election. Except as
otherwise provided in this section, for elections held under this section or
section 6 of this article, the manner of conducting and voting at an election,
contesting an election, canvassing votes and certifying returns shall be the
same, as nearly as practicable, as in elections for county officers.


B. At the election a vote shall be taken to elect members of the
charter committee who will function if further proceedings are authorized and
the ballot shall contain the question of whether further proceedings toward
adopting a charter shall be authorized pursuant to the call for the
election. Unless a majority of the qualified electors voting on the question
votes to authorize further proceedings, the election of members of the charter
committee shall be invalidated and no further proceedings may be had except
pursuant to a subsequent call pursuant to subsection A.


C. The charter committee shall be composed of fifteen qualified
electors of the county elected by supervisorial district with the same number
serving from each district. A nomination petition for election to the charter
committee shall be made available by the clerk of the board of supervisors and
shall be signed by a number of qualified electors of the supervisorial
district who are eligible to vote for the nominee at least equal to one per
cent of the total number of ballots cast for all candidates for governor or
presidential electors in the supervisorial district at the last preceding
general election, and filed with the clerk not later than sixty days before
the election. All qualified electors of the county, including all elected
public officials, are eligible to seek election to the charter committee.


D. Within one hundred eighty days after the election the charter
committee shall prepare and submit a proposed charter for the county. The
proposed charter shall be signed by a majority of the members of the committee
and filed with the clerk of the board of supervisors, after which the charter
committee shall be dissolved. The county shall then publish the proposed
charter in the official newspaper of the county at least once a week for three
consecutive weeks. The first publication shall be made within twenty days
after the proposed charter is filed with the clerk of the board of
supervisors.


E. At least forty-five days but not more than sixty days after final
publication, the proposed charter shall be submitted to the vote of the
qualified electors of the county at a general or special election. If a
general election will be held within ninety days after final publication, the
charter shall be submitted at that general election. The full text of the
proposed charter shall be printed in a publicity pamphlet and mailed to each
household containing a registered voter at least eleven days before the
charter election and the ballot may contain only a summary of the proposed
charter provisions. The ballot shall contain a question regarding approval of
the proposed charter and the questions pertaining to taxation authority and
appointment of officers, if any, provided for in sections 7 and 8 of this
article.


F. If a majority of the qualified electors voting ratifies the proposed
charter, a copy of the charter, together with a statement setting forth the
submission of the charter to the qualified electors and its ratification by
them, shall be certified by the clerk of the board of supervisors and shall be
submitted to the governor for approval. The governor shall approve the
charter within thirty days after its submission if it is not in conflict with,
or states that in the event of a conflict is subject to, this constitution and
the laws of this state. On approval, the charter becomes the organic law of
the county, and certified copies of the charter shall be filed in the office
of the secretary of state and with the clerk of the board of supervisors after
being recorded in the office of the county recorder. Thereafter all courts
shall take judicial notice of the charter.


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