CC - Agendas - City Council - SPECIAL - 6/23/2009 (3)

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a — 1 a COUNCIL AGENDA MEMO — June 23, 2009 DEPARTMENT: AGENDA ITEM: Discussion of election process including roles and responsibilities and verification of candidate petitions. Approved By: Date: Department Head: Elizabeth A. Burke, City Clerk 06/19/09 Finance Director: Mark Woodfill ��/, City Manager: Steve Norwood _ ,/� 'l 0� V I Background Councilwoman Suttles and Councilman Lamerson have requested that this be placed on the agenda to discuss the election process. Below I am including the information I sent out previously and on Tuesday we'll do a short PowerPoint to review the process further. As you all know, there have been many questions on this year's candidate petitions and other election issues. ARS §16-351 addresses challenges filed by any interested party; however, the Statutes are vague on the role of the City Clerk's Office. We, therefore, have had to review the case law as shown in the League's Manual: "It is the duty of the courts and not the clerk to determine the legal sufficiency of nomination petitions'. The clerk need only determine that the nomination petition are substantially in regular form and contain the requisite number of signatures. The clerk has neither the right nor the duty to determine signers of the nomination petitions are qualified electors." 'Sims Printing Co. v. Frohmiller, 47 Ariz. 561, 58 P.2d 518 Hunt et al. v. Superior Court in and for Navajo County et al., 64 Ariz. 325, 170 P.2d 293 Both of these cases make it very clear that the clerk's role is to 1) receive petitions by the statutory deadline; 2) verify that they are in substantial form; and 3) verify that they contain the required number of signatures. The City Clerk's office, and for that matter all staff, have to maintain neutrality in all of their public duties, but especially with all aspects of the election process. Recommended Action: Council's pleasure. 1