Consent 10.
Regular Board of Supervisors Meeting
Elections
- Meeting Date:
- 11/01/2016
- Title:
- Cancel Uncontested Special District Elections & Appoint
- Submitted By:
- Arlethe Rios, Board of Supervisors
- Department:
- Elections & Special Districts
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
0
NAME
of PRESENTER:
of PRESENTER:
n/a
TITLE
of PRESENTER:
of PRESENTER:
n/a
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
A.R.S. 16-410
Information
Agenda Item Text:
Approve the cancellation of uncontested board elections for Special District governing boards listed on Appendix A-C, and appoint the candidates who filed for the Special District governing board as indicated, or declare seats vacant if an insufficient number of candidates – or no candidates – filed to run to fill the vacant seats, and cancel the election and appoint Tom Schelling as administrator for Bowie and Babocomari Fire Districts, as indicated on Appendix A; such appointments shall be deemed elected and have the same powers and duties in accordance with the law.
Background:
The Board is being asked to cancel the uncontested Special District governing board elections for the November 8, 2016 General Election.
A.R.S. §16-410 allows that if the number of persons who file nomination petitions plus the number of persons who file write-in affidavits is less than or equal to the number of positions to be filled for a special district election, the Board of Supervisors may cancel the election and appoint the person or persons to fill the vacant position(s) for the term of office for which the candidate was nominated. Doing so spares the district board of the expense from conducting an uncontested election.
Candidate(s) who filed by August 10, 2016 and Write-In candidates who filed by August 24, 2016 will be appointed by the Board of Supervisors and will have the same powers and duties as if elected. If no nomination petitions or write-in affidavits were filed, the position will be deemed vacant to be filled as otherwise provided by law. In the case of the Babocomari Fire District and the Bowie Fire District, the elections will be cancelled and an administrator appointed, pursuant to A.R.S. §48-803(B). Mr. Tom Schelling, former Elections & Special Districts Director, is willing and available to serve as administrator for these two districts and will only serve in Bowie long enough to appoint interested Board members for that board in his capacity as administrator.
Pertinent sections authorizing cancellation and appointments are attached for your perusal (Appendix D). These include:
A.R.S. §16-410 allows that if the number of persons who file nomination petitions plus the number of persons who file write-in affidavits is less than or equal to the number of positions to be filled for a special district election, the Board of Supervisors may cancel the election and appoint the person or persons to fill the vacant position(s) for the term of office for which the candidate was nominated. Doing so spares the district board of the expense from conducting an uncontested election.
Candidate(s) who filed by August 10, 2016 and Write-In candidates who filed by August 24, 2016 will be appointed by the Board of Supervisors and will have the same powers and duties as if elected. If no nomination petitions or write-in affidavits were filed, the position will be deemed vacant to be filled as otherwise provided by law. In the case of the Babocomari Fire District and the Bowie Fire District, the elections will be cancelled and an administrator appointed, pursuant to A.R.S. §48-803(B). Mr. Tom Schelling, former Elections & Special Districts Director, is willing and available to serve as administrator for these two districts and will only serve in Bowie long enough to appoint interested Board members for that board in his capacity as administrator.
Pertinent sections authorizing cancellation and appointments are attached for your perusal (Appendix D). These include:
- Fire Districts: A.R.S. §48-802(D)(4) [fire districts – cancel and appoint or cancel and deem vacant] and §48-803(B) [fire districts – cancel and appoint an administrator]
- Water Districts:
- Fire Districts: A.R.S. §48-1012(E) [domestic water improvement districts – cancel and appoint or cancel and deem vacant]
- Sanitary Districts: A.R.S. §48-2010(A)(3) [sanitary district -- cancel and appoint or cancel and deem vacant]
- Road Improvement and Maintenance Districts: A.R.S. §48-1082(E) – cancel and appoint or cancel and deem vacant]
- Hospital Districts: A.R.S. §48-1908(C) – cancel and appoint or cancel and deem vacant]
Department's Next Steps (if approved):
Certificates of Election will be sent to those candidates who filed timely nomination petitions or write-in papers as listed on Appendices A-C and Mr. Schelling will be notified of his appointment as administrator for Bowie Fire District and for Babocomari Fire District.
Impact of NOT Approving/Alternatives:
Positions will remain vacant.
To BOS Staff: Document Disposition/Follow-Up:
N/A - Please notify Elections of outcome of BOS action.
Thank you,
Thank you,