INITIATIVE PETITION REVIEW SHEET



A Statement of Organization must be filed with the Peoria City Clerk’s Office to open a committee in order to change, by referendum petition, a measure or item, or part of a measure or item, enacted by the Peoria City Council. [A.R.S. § 19-111] Before gathering referendum petition signatures, an Application for Referendum Serial Number must be filed with the Peoria City Clerk’s Office. The application must contain the official text (a description of the principal provisions of the proposed change to the measure) and cannot exceed 100 words. [A.R.S. § 19-111]The City Clerk’s Office will issue a Receipt of Initiative/Referendum Application for Serial Number. The receipt will include the application serial number, specific minimum number of signatures required, date/time stamp, and the deadline date for filing the referendum petition signature sheets. [A.R.S. § 19-111]The referendum committee has thirty (30) days from either: a) the execution of an ordinance or resolution having the effect of an ordinance, b) the approved minutes of a meeting where the approval of the proposed action occurred, or c) the day the text is available, to file the referendum petition signature sheets. [City Code 4-9]. If the deadline falls on a day the office is closed, the deadline is pushed back to the next business day [Legal Opinion 1/4/17]. The number of signatures required for referendum petitions is calculated at ten percent (10%) of the total number of ballots cast at the most recent citywide election for Mayor. There were 34,899 total ballots cast for Mayor in the August 2018 Primary election. The total number of required signatures for a referendum petition is shown below: Referendum Petition Signature RequirementsSignatures Required for a Referendum Petition3,490Contribution Limits for 2021-2022 Election CycleIndividual, Partnership, Non-Mega PAC $6,550Mega PAC $13,100Political Party $10,300Corporation, LLC, Trust, Association, Union ProhibitedCirculatorsA circulator is not required to be a resident of Arizona but must be otherwise qualified to register to vote in Arizona at all times during circulation of the petition. Out of state circulators must register with the Secretary of State. Paid circulators must register with the Secretary of State if they are circulating statewide measures. Local paid circulators are not required to register with the State. [A.R.S. § 19-118].PetitionsAn executed copy of the adopted ordinance or resolution that reflects the action taken by Council must be attached to each referendum petition sheet. There shall be a rebuttable presumption a full and correct copy was not attached to the signature petition during circulation, if the ordinance or resolution is not attached when signature sheets are presented to the City Clerk for verification [City Code 4-13]. Other petition form requirements apply as referenced by State Statute. [A.R.S. §§ 19-112 & 19-121].The referendum committee has thirty (30) days from either: a) the execution of an ordinance or resolution having the effect of an ordinance, b) the approved minutes of a meeting where the approval of the proposed action occurred, or c) the day the text is available, to file the referendum petition signature sheets. [City Code 4-9]. If the deadline falls on a day the office is closed, the deadline is pushed back to the next business day [Legal Opinion 1/4/17]. Upon filing of the referendum petition sheets, the Peoria City Clerk’s Office will immediately issue a Receipt for Initial Acceptance of Initiative/Referendum Petitions to the referendum committee of the total purported number of sheets and signatures filed. [A.R.S. §§ 19-121(B)]The Peoria City Clerk’s Office has twenty (20) days (excluding Saturdays, Sundays, and other legal holidays) to review referendum petitions and signatures, and issue a Receipt of Initiative/Referendum Petition Signature Review to the referendum committee of the total number of referendum petition sheets and signatures eligible for verification by the Maricopa County Recorder’s Office. [A.R.S. § 19-121.01]During the same twenty (20) day review period referenced above a five percent (5%) random sampling of referendum signatures will be submitted to the Maricopa County Recorder’s Office for verification. [A.R.S. § 19-121.01]The Maricopa County Recorder’s Office has 15 days (excluding Saturdays, Sundays, and other legal holidays) to certify the five percent (5%) random sampling of referendum signatures. [A.R.S. § 19-121.02]The Peoria City Clerk’s Office has seventy-two (72) hours (excluding Saturdays, Sundays and legal holidays) to tabulate the final number of valid referendum signatures based on the certification of the 5% random sampling completed by the Maricopa County Recorder’s Office. [A.R.S. § 19-121.04]During the same seventy-two (72) hours, if a sufficient number of certified referendum signatures equals or exceeds the amount required, the Peoria City Clerk’s Office shall consider the Referendum Petition Signature Sheets officially filed, issue a Final Receipt of Initiative/Referendum Petition Signatures to the referendum committee, and notify the Mayor and City Council. The referendum will be placed on a ballot in the manner provided by law. If there are an insufficient number of signatures required for a referendum, the Clerk’s Office will issue a Failure to File Receipt and Certification of Initiative/Referendum Petition Signatures to the committee that the referendum signature petitions lack the minimum number of signatures to place it on the ballot, along with a copy of the Maricopa County Recorder’s Office certification and the original referendum signature petition sheets, in the form filed, will be returned to the applicant. [A.R.S. § 19-121.04(B)(C) & State Constitution, Article IV.1.(10)]If the Peoria City Clerk’s Office refuses to accept and file the referendum petitions, any citizen has five (5) calendar days to apply to the Superior Court for a Writ of Mandamus to compel the Peoria City Clerk’s Office to file the referendum petition. [A.R.S. § 19-122(A)]If challenged in the Superior Court, either party has five (5) days after the judgment by the Superior Court to appeal to the Supreme Court. [A.R.S. § 19-122(A)]Publicity PamphletFor the election at which the referendum will be voted upon, a publicity pamphlet will be printed and mailed to every household that contains a registered voter. [A.R.S. § 19-123]REFERENDUM APPLICATION AND PETITION REVIEW SHEET(to be filed with Referendum in official files)NAME OF APPLICANT/COMMITTEE: 1 .APPLICATION REVIEW: (A.R.S. §19-111)Official Description – 100 word or less Insert the following information on the Application for Initiative or Referendum Serial Number: Date of the application, Assigned application serial number,Minimum number of required signatures,30-day deadline for filing the referendum petition sheets The petitions are due and must be filed with the City Clerk’s Office within 30 days thirty (30) days from either: a) the execution of an ordinance or resolution having the effect of an ordinance, b) the approved minutes of a meeting where the approval of the proposed action occurred, or c) the day the text is available, to file the referendum petition signature sheets. [City Code 4-9]. If the deadline falls on a day the office is closed, the deadline is pushed back to the next business day [Legal Opinion 1/4/17]. Date/Time Stamp (Front page only)If official description exceeds 100 words, the application cannot be accepted.B.Full-text copy of executed item being referred, with Clerk’s Office time and date stamp, or text of proposed law is attached: Yes No If Yes, the application can be accepted and a referendum number issued.If No, the application must be rejected and no referendum number issued. C.Title or description of full-text attachment: D.Referendum No. Issued:E.Date Application Filed: F. Deadline to Submit Petitions: The petitions are due and must be filed with the City Clerk’s Office within 30 days thirty (30) days from either: a) the execution of an ordinance or resolution having the effect of an ordinance, b) the approved minutes of a meeting where the approval of the proposed action occurred, or c) the day the text is available, to file the referendum petition signature sheets. [City Code 4-9]. If the deadline falls on a day the office is closed, the deadline is pushed back to the next business day [Legal Opinion 1/4/17]. Issue Receipt #1: Receipt of Initiative/Referendum Application for Serial Number2.PETITION REVIEW: (A.R.S. §§ 19-121 & 19-141) Complete in the presence of the filer.Verify that petition sheets are grouped by circulator. §19-121.C. If petition sheets are not grouped by circulator, and the committee has enough time before the filing deadline, ask them to group them by circulator. If the committee does not have enough time to group the petitions by circulator, accept the petitions as is. Suggested Supplies:Red PenBlack PenCalculatorDate StampPencilRulerPost-It NotesManilla Envelopes (for deficient petitions)Boxes (for the copies of legislation attached topetitions)Date Petitions Submitted: Committee’s purported number of petition sheets:Committee’s purported number of signatures: Signature Requirements: Referendum = 3,490 or Initiative = 5,235Date/Time stamp the back of each petition sheet Issue Receipt #2: Receipt of Initial Acceptance of Initiative/Referendum PetitionsIssue the Initial Receipt using the Committee’s purported number of petition sheets and signatures.After issuance of the Initial Receipt, no additional petition sheets can be accepted for filing.3.INITIAL REVIEW AND COUNT BY CITY CLERK’S OFFICE Invite filer to stay for initial review and count. A.Clerk’s count of the number of petition sheets:B.Clerk’s count of the number of signatures: (Do not count blank lines.) Signature Requirements:Referendum = 3,490 or Initiative = 5,235C.Run a calculator tape showing the total of petition sheets and signatures.4.OFFICIAL PETITION REVIEW:Deadline to Complete Review: (20 days from Temporary Receipt Date excluding Saturday, Sunday and legal holidays)A.R.S. §19-121.01.ARemoval of petition sheets and title and text (A.R.S. §19-121.01.A) Remove entire petition sheets based on the requirements shown below. Separate and group the removed/separated petition sheets or text and place in separate labeled envelopes, folders, or boxes and file with the referendum files in the safe. 1.Petition sheets that are not grouped by circulator. §19-121.C.2.Petition sheets without an executed copy of title and text of the measure, AND the original and any amended texts, or if not by resolution or ordinance a copy of the executed minutes with Clerk’s Office date and time stamp, attached. §§19-121.E and 19-121.01.A.1.a3.Remove the copies of the attached title and text from the remaining petitions. §19-121.01.A.1.b4.Petitions where circulator has not indicated if paid or volunteer.§19-101.E and §19-102.E.5.Petitions without petition serial number located in lower right-hand corner, on the front & back of each sheet. §19-121.01.A.1.c 6.Petitions where circulator's affidavit is not complete, signed or hasbeen modified. 19-121.01.A.1.d; and §19-112 Case Law7.Petitions where the affidavit of circulator is not notarized. §19-121.01.A.1.e 8.Petitions where notary's signature is missing. §19-121.01.A.1.e 9.Petitions where notary's commission has expired. §19-121.01.A.1.e 10.Petitions where notary's seal is missing. §19-121.01.A.1.e 11.Petitions on which signatures of circulator or notary are dated earlier than the dates which the electors signed the face of the petition sheets. §19-121.01.A.1.f13.Petitions which were circulated by a prohibited circulator as found on the Secretary of State’s website. §19-121.01.A.1.g12.Petitions which were circulated by an out-of-state circulator who was not registered with the Secretary of State’s Office at time of circulation. §§19-112.C and 19-121.01.A.1.h and City Code Section 8-15 14.Blank signature lines that are not crossed out and initialed by Circulator. City Code Section 8-16.fTotal number of petition sheets removed: Total number of signatures removed: Total number of eligible petition sheets remaining:Total number of signatures remaining: B.Signature Removal: (A.R.S. §19-121.01) Remove individual signatures based on the requirements shown below. Using a red-inked pen, mark an "ss" in right margin at the end of the removed petition signature line. (Removal of a signature line eliminates that signature from further verification.)Signature of the elector is missing. §19-121.01.A.3.a and §19-112.A2.Signature where elector’s residence address or description of address location is missing. (P.O. Box not allowed) §19-121.01.A.3.b; and §19-112 Case Law3.Date on which petitioner signed the petition is missing, dated before the Statement of Organization was filed, or dated after the date the Affidavit was completed and notarized. §19-121.01.A.3.c, §19-121.01.D,and §19-112.A.; and §19-112 Case Law4.Signatures in excess of 15 per petition page. §19-121.01.A.3.d5.Withdrawn signatures pursuant to A.R.S. §19-113. §19-121.01.A.3.eand City Code 8-19 (Requires a separate withdrawal form.)6.Signatures for those names on which the circulator has printed the elector’s first and last names or other information in violation of A.R.S. §19-112. and §19-121.01.A.3.f7.Date of the signatures precede the date the committee was openedwith the City Clerk’s Office. §19-114.B8.Signature lines containing blanks pursuant to City Code 8-16.f. Also reference §19-112.A for signature & printed name requirements.Total number of signatures removed:Total number of signatures remaining:***NOTE: If the number of remaining eligible signatures do not equal the minimum required as shown above in Section 2, jump to Section 6.B. and issue a Failure to File Receipt without obtaining County Certification.C.Count number of signatures for verification on all remaining petition sheets and note number in the upper right-hand corner of each petition sheet.D.Number all remaining petition sheets not previously removed, and put sequential number in top left-hand corner of front and back of each petition page.E.Count number of all signatures eligible for verification and run addingtwo matching machine tapes as documentation of the eligible signature count.Issue Receipt #3: Receipt for Initiative/Referendum Petition Signature Reviewto applicant of the total number of petition sheets and the total number of signatures eligible for verification.Date Issued:__________Total number of petition sheets eligible: Total number of signatures eligible: F.If number of signatures are equal to or above the minimum number required, a random sample of 5% of the total number of remaining signatures must be completed through the Maricopa County Recorder’s Office.Contact the Secretary of State’s Office to request a random sample formula using the information below:Name of Referendum: Total Number of Signatures Eligible for Verification:Total Number of Sheets Eligible for Verification:Total Number of Lines:Random Sample Request Date:Random Sample Received Date: G. Using red ink, mark the selected signatures, as indicated in the random sample provided by the Secretary of State’s Office, for verification by circling line number and drawing a straight line from the base of the circle into the left margin of the petition sheet. If a signature line selected for the random sample is blank or is already marked with an "SS", then use the next line down as a substitute, even if that requires going to the next petition sheet in sequence. If the next eligible line is already being used in the random sample, then go back up the page from the originally selected signature line and select the next previous signature line eligible for verification. If that line is already being used in the random sample, then continue moving down the page or to the next page from the original signature line and select the next eligible signature as a substitute. Continue alternately moving forward and backward until a signature eligible for verification and not already included in the random sample can be selected as a substitute. Copy the front of each petition sheet containing a random sample signature. Then using a highlighter, highlight each signature that will be verified by the County Recorder’s Office:Prepare a transmittal letter to the Maricopa County Recorders Office that includes the following information for verification of random sampling:Number of petition sheetsNumber of names Committee nameCommittee contact information Application for Serial Number Filing Date Transmit the petitions sheets as indicated above in Step G.1 to the Maricopa County Recorder’s Office via certified mail, Moody's or personal delivery.Date Transmitted:__________Deadline to be returned by County.__________Returned by County with Certification.__________5.SUBTRACT/VERIFICATION/FINAL RECEIPT: (A.R.S. §19-121.04) Within 72 hours (excluding Saturdays, Sundays and legal holidays) of Final Receipt of Initiative/Referendum Petition Signatures w/County certificationWithin 72 hours of receipt of certification by the County Recorder’s Office, perform final calculation and issue a final receipt to the applicant.A.Beginning with the total number of eligible signatures pursuant to §19-121.01.A (calculation from Section 4.E.). B.Subtract the following the signatures found ineligible by the CountyRecorder’s Office.Total number of eligible signatures after verification:C.Invalidity percentage rate, as determined by the County Recorder’s Office.D.Apply and subtract the invalidity percentage rate to the remaining number of eligible signatures and subtract that percentage from the remaining eligible signatures after verification (calculation shown after Section 5.B.).Final Total: Number of eligible signatures: 6.QUALIFICATION RESULTSA.Qualify: (A.R.S. §19-121.04)100% of the minimum number of required signatures is: If the number of valid signature is at least 100 percent of the minimum, Issue a Final Receipt and Filing of Initiative/Referendum Petition Signatures to applicant. Date Issued: __________Issue official notice to the Mayor.Date Noticed:__________Failure to Qualify: (A.R.S. §19-121.04) 100% of the minimum number of required signatures is:If number of valid signatures is under 100 percent of the minimum (may be calculated with or without the Maricopa County Recorder’s certification),Issue a Failure to File Receipt and Certification of Initiative/Referendum Petition Signatures to applicant (A.R.S. § 19-121.04.C.) Include a copy of the Maricopa County Recorder’s certification. Date Issued: __________Issue official notice to the Mayor.Date Noticed:__________ Return original petition sheets to the applicant after the time has expired to file a challenge through the courts. 7.COURT CHALLENGES (A.R.S. §19-122)Challenge Deadline: Challenged: Yes No Date Challenged: Return original petition sheets to the applicant after the case has been adjudicated through the Courts. ................
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