Ariz. Rev. Stat. » Title 16

Ariz. Rev. Stat. § 16-204

Declaration of statewide concern; consolidated election dates; definition

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A. The legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern.  This section preempts all local laws, ordinances and charter provisions to the contrary.

B. For elections held before 2014 and notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an election held for or on behalf of a county, city or town, a school district, a community college district or special districts organized pursuant to title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following dates:

1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections, including recall elections and special elections to fill vacancies, shall be held on:

(a) The second Tuesday in March.

(b) The third Tuesday in May.

(c) The tenth Tuesday before the first Tuesday after the first Monday in November. 

(d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.

2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on:

(a) The tenth Tuesday before the first Tuesday after the first Monday in November.

(b) The first Tuesday after the first Monday in November.

C. For elections held before 2014, for any city or town, including a charter city, that holds its regularly scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2 of this section, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election.

D. Subsections B and C of this section do not apply to an election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII, section 2 or 3 or article XII, section 5, Constitution of Arizona.

E. Beginning with elections held in 2014 and later and notwithstanding any other law or any charter or ordinance to the contrary, a candidate election held for or on behalf of any political subdivision of this state other than a special election to fill a vacancy or a recall election may only be held on the following dates and only in even-numbered years:

1. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November.  Beginning in 2020 and later, the election shall be held on the first Tuesday in August. If the political subdivision holds a primary or first election and a general or runoff election is either required or optional for that political subdivision, the first election shall be held on this date, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term.

2. The first Tuesday after the first Monday in November. If the political subdivision holds a general election or a runoff election, the second election held shall be held on this date. If the political subdivision holds only a single election and no preliminary or primary or other election is ever held for the purpose of reducing the number of candidates, or receiving a partisan nomination or designation or for any other purpose for that political subdivision, the single election shall be held on this date.

F. Beginning with elections held in 2014 and later that are not candidate elections, an election held for or on behalf of any political subdivision of this state, and including a special election to fill a vacancy or a recall election, may only be held on the following dates:

1. The second Tuesday in March.

2. The third Tuesday in May.

3. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November.  Beginning in 2020 and later, the election shall be held on the first Tuesday in August.

4. The first Tuesday after the first Monday in November.  Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.  Notwithstanding any other law, an election must be held on the date specified in this paragraph and only in even-numbered years for the approval of or authorizing the assessment of transaction privilege taxes by a county, city or town.

G. Notwithstanding any other law, for an election administered by a county recorder or other officer in charge of elections on behalf of a city, town or school district and that is an all mail ballot election for that city, town or school district, the county recorder or other officer in charge of elections may use a unified ballot format that combines all of the issues applicable to the voters in the city, town or school district requesting the all mail ballot election.

H. For the purposes of this section, "political subdivision" means any governmental entity operating under the authority of this state and governed by an elected body, including a city, town, county, school district or community college district or any other district organized under state law but not including a special taxing district.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1997–2021 · leading case: City of Tucson, City of Phoenix v. State of Arizona Ken Bennett
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City of Tucson, City of Phoenix v. State of Arizona Ken Bennett (2014) arizctapp · cites it 18× “The court denied the motions, finding that the parties had presented conflicting factual claims and that an evidentiary hearing was “necessary to allow the Court to determine as a matter of fact whether the state’s interests are paramount thereby mandating adoption of the…”
City of Tucson v. State (1997) arizctapp · cites it 11× “The trial court ruled in favor of the City, holding that the consolidated election schedule of § 16-204 does not apply to the City and that the City Charter governs city elections.”
Moreno v. Jones (2006) ariz · cites it 2× “Moreno, citing A.R.S. § 16-204(B) (Supp.2005), notes that under Arizona election laws, governmental entities could hold primary elections on four different dates in 2006.”
Simpson v. Committee Against Unconstitutional Takings, L.L.C. (1998) arizctapp · cites it 2× “See A.R.S. § 16-204(B). ¶ 6 Simpson, a Biltmore Estates property owner, filed this complaint to block the special election, and Biltmore Hotel Partners filed a motion to intervene.”
Sherman v. City of Tempe (2001) arizctapp · cites it 8× “Section 16-204 declares that "for the purposes of increasing voter participation and for decreasing the costs to the taxpayers .”
Washington Elementary School District No. 6 v. Maricopa County (2001) arizctapp · cites it 8× “Section 16-204, to which section 15 — 481(D) refers, does not provide or even suggest that a school district or other affected political subdivision may hold an election on each one of the four specified dates in a given year.”
State of Arizona v. City of Tucson (2021) ariz · cites it 7× “Thus, as it did in § 16-204, the legislature preempted all contrary local laws, ordinances, and charter provisions.”
Cuvelier v. Schmitz (1999) arizctapp · cites it 2× “” Compare A.R.S. § 16-204(B) (third Tuesday in May is one of four permissible dates for municipal elections) with A.”
— Ariz. Rev. Stat. § 16-204(A) — 4 cases
City of Tucson, City of Phoenix v. State of Arizona Ken Bennett (2014) arizctapp “The court denied the motions, finding that the parties had presented conflicting factual claims and that an evidentiary hearing was “necessary to allow the Court to determine as a matter of fact whether the state’s interests are paramount thereby mandating adoption of the…”
City of Tucson v. State (1997) arizctapp “The trial court ruled in favor of the City, holding that the consolidated election schedule of § 16-204 does not apply to the City and that the City Charter governs city elections.”
Sherman v. City of Tempe (2001) arizctapp “Section 16-204 declares that "for the purposes of increasing voter participation and for decreasing the costs to the taxpayers .”
Washington Elementary School District No. 6 v. Maricopa County (2001) arizctapp “Section 16-204, to which section 15 — 481(D) refers, does not provide or even suggest that a school district or other affected political subdivision may hold an election on each one of the four specified dates in a given year.”
— Ariz. Rev. Stat. § 16-204(B) — 6 cases
Moreno v. Jones (2006) ariz “Moreno, citing A.R.S. § 16-204(B) (Supp.2005), notes that under Arizona election laws, governmental entities could hold primary elections on four different dates in 2006.”
Simpson v. Committee Against Unconstitutional Takings, L.L.C. (1998) arizctapp “See A.R.S. § 16-204(B). ¶ 6 Simpson, a Biltmore Estates property owner, filed this complaint to block the special election, and Biltmore Hotel Partners filed a motion to intervene.”
City of Tucson v. State (1997) arizctapp “The trial court ruled in favor of the City, holding that the consolidated election schedule of § 16-204 does not apply to the City and that the City Charter governs city elections.”
Sherman v. City of Tempe (2001) arizctapp “Section 16-204 declares that "for the purposes of increasing voter participation and for decreasing the costs to the taxpayers .”
Washington Elementary School District No. 6 v. Maricopa County (2001) arizctapp “Section 16-204, to which section 15 — 481(D) refers, does not provide or even suggest that a school district or other affected political subdivision may hold an election on each one of the four specified dates in a given year.”
— Ariz. Rev. Stat. § 16-204(B)(3) — 1 case
City of Tucson v. State (1997) arizctapp “The trial court ruled in favor of the City, holding that the consolidated election schedule of § 16-204 does not apply to the City and that the City Charter governs city elections.”
— Ariz. Rev. Stat. § 16-204(E) — 2 cases
City of Tucson, City of Phoenix v. State of Arizona Ken Bennett (2014) arizctapp “The court denied the motions, finding that the parties had presented conflicting factual claims and that an evidentiary hearing was “necessary to allow the Court to determine as a matter of fact whether the state’s interests are paramount thereby mandating adoption of the…”
State of Arizona v. City of Tucson (2021) ariz “Thus, as it did in § 16-204, the legislature preempted all contrary local laws, ordinances, and charter provisions.”
— Ariz. Rev. Stat. § 16-204(F) — 1 case
State of Arizona v. City of Tucson (2021) ariz “Thus, as it did in § 16-204, the legislature preempted all contrary local laws, ordinances, and charter provisions.”
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