Bill Text: AZ HB2126 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Municipal annexation; size; exception
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-04-30 - Chapter 256 [HB2126 Detail]
Download: Arizona-2014-HB2126-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2126 |
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AN ACT
Amending title 9, chapter 4, article 7, Arizona Revised Statutes, by adding section 9-471.05; amending sections 9-473 and 9-822, Arizona Revised Statutes; providing for the delayed repeal of section 9-471.05, Arizona Revised Statutes, as added by this act; relating to municipal annexation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 9-471.05, to read:
9-471.05. Municipal annexation; size; exception
Notwithstanding section 9‑471, subsection H, for the purposes of annexation, a territory is considered contiguous for the purposes of section 9‑471, subsection A, if:
1. The territory adjoins the exterior boundary of the annexing city or town for at least three hundred feet.
2. Ninety-five per cent of the territory is at least two hundred feet in width, excluding rights‑of‑way and roadways.
3. The distance from the existing boundary of the annexing city or town where it adjoins the annexed territory to the furthest point of the annexed territory from that boundary is no more than twice the maximum width of the annexed territory.
Sec. 2. Section 9-473, Arizona Revised Statutes, is amended to read:
9-473. Redistricting; representation
A. The common councils of incorporated cities and towns may redistrict and subdivide their territory into districts.
B. Each district shall contain a nearly equal number of inhabitants at the time of the redistricting and shall consist of contiguous territory in as compact form as possible. The redistricting shall not be made within six months prior to before a city, town or district election.
C. Each district shall be entitled to one councilman or representative in the governing body who is elected pursuant to chapter 7, article 3 of this title.
Sec. 3. Section 9-822, Arizona Revised Statutes, is amended to read:
9-822. Qualifications of voters
A. Except as provided in subsection B of this section, no a person is not entitled to vote at an election in a city or town who if the person has not been a qualified elector as defined in section 16‑121 in the city or town for at least twenty‑nine days preceding the election.
B. Any person who has resided for at least twenty‑nine days preceding an election in an area annexed at least twenty‑nine days prior to before such election by a city or town shall be is entitled to vote at any such city or town election, provided he if the person is a qualified elector as defined in section 16‑121 on the twenty-ninth day before the election.
Sec. 4. Delayed repeal
Section 9-471.05, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2014.
Sec. 5. City or town primary election; majority vote calculation; election held in 2014 or 2015
Notwithstanding section 9-821.01, subsection D, Arizona Revised Statutes:
1. For a city or town that holds a primary election for city or town council in 2014 or 2015, the majority of votes cast is determined by:
(a) Calculating the total number of actual votes cast for all candidates for an office whose names were lawfully on the ballot for that office.
(b) Dividing the sum reached pursuant to subdivision (a) of this paragraph by the number of seats to be filled for the office.
(c) Dividing the number reached pursuant to subdivision (b) of this paragraph by two and rounding that number to the highest whole number.
2. If more candidates receive a majority of votes cast than there are seats to be filled for the office pursuant to paragraph 1 of this section, from among those candidates who receive a majority of votes cast, the candidates who receive the highest number of votes equal to the number of seats to be filled for the office shall be declared elected to that office.
3. If at the primary election no candidate receives the majority of the votes cast or the number of seats to be filled for the office is more than the number of candidates who receive a majority of votes cast, of the candidates who did not receive a majority of votes cast, the number of candidates who advance to the general or runoff election shall be equal in number to twice the number of seats to be filled for the office and the candidates who received the highest number of votes for the office shall be the only candidates at the general or runoff election. If more than one candidate received an equal number of votes and that number was the highest number of votes for the office, all candidates receiving the equal number of votes shall be candidates at the general or runoff election. The candidates equal in number to the seats to be filled for the office who receive the highest number of votes at the general or runoff election shall be declared elected to that office. If two or more candidates receive an equal number of votes cast for the same office, and a higher number than any other candidate, the candidate who shall be declared elected shall be determined by lot in the presence of the candidates.
