Action 21.
Regular Board of Supervisors Meeting
Elections
- Meeting Date:
- 08/30/2022
- Title:
- Call for November 8, 2022 General Election for Proposition 420 – Willcox Basin Active Management Area
- Submitted By:
- Lisa Marra, Elections
- Department:
- Elections
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Lisa M. Marra
TITLE
of PRESENTER:
of PRESENTER:
Director of Elections
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
ARS 45-415
Docket Number (If applicable):
Information
Agenda Item Text:
Adopt Resolution 22-21 calling the election of the Willcox Groundwater Basin Active Management Area (AMA) for the November 8, 2022, General Election.
Background:
A Work Session was held on May 13, 2022 discussing the Initiative process under Title 19 and Title 45 as well as what an Active Management Area means in the county. Initiative Application IN-2022-1 was filed by the Arizona Water Defenders with the Elections Dept on 8/11/21 with a filing deadline of 7/7/2022. The petitions were filed on 3/18/22 and 909 signatures were filed. After removal of ineligible signatures, pages and a random error sampling was conducted, 794 signatures were deemed valid, more than the minimum number of 641 required.
Arizona’s Constitution puts legislative power not only in the State Legislature, but in the people themselves. If enough valid signatures are submitted in a timely manner under Title 19, the measure must be placed on the General Election ballot. Voters residing with the proposed boundary then have the option to decide the issue. A.R.S. § 45-415 states upon petition by 10% of the qualified elections in the proposed Active Management Boundary, the measure shall be placed on the ballot with a question. That question is “should the Willcox Groundwater Basin be designated an active management area?” Followed by a yes or no choice.
The election shall be held not less than sixty days or more than ninety days from the date of the call. If the measure is passed by the voters, it will be up to the Arizona Department of Water Resources (ADWR) to manage the process. In the event a proposed basin is located in more than one county, the county with the majority of the area must call the election with the other county(ies) calling the election immediately after. The Willcox Ground Water Basin is also in Graham County and the Board of Supervisors will call their election later today. The Proposition must appear on both ballots in both counties. A publicity pamphlet with Pro/Con arguments must be produced by the County and distributed to households with eligible voters in the water basin area no later than 10/4/22.
Arizona’s Constitution puts legislative power not only in the State Legislature, but in the people themselves. If enough valid signatures are submitted in a timely manner under Title 19, the measure must be placed on the General Election ballot. Voters residing with the proposed boundary then have the option to decide the issue. A.R.S. § 45-415 states upon petition by 10% of the qualified elections in the proposed Active Management Boundary, the measure shall be placed on the ballot with a question. That question is “should the Willcox Groundwater Basin be designated an active management area?” Followed by a yes or no choice.
The election shall be held not less than sixty days or more than ninety days from the date of the call. If the measure is passed by the voters, it will be up to the Arizona Department of Water Resources (ADWR) to manage the process. In the event a proposed basin is located in more than one county, the county with the majority of the area must call the election with the other county(ies) calling the election immediately after. The Willcox Ground Water Basin is also in Graham County and the Board of Supervisors will call their election later today. The Proposition must appear on both ballots in both counties. A publicity pamphlet with Pro/Con arguments must be produced by the County and distributed to households with eligible voters in the water basin area no later than 10/4/22.
Department's Next Steps (if approved):
Sign and record Resolution, sign letter from the Chairman and provide recorded Resolution and signed letter to the Clerk of the Board in Graham County immediately after this meeting. Provide a copy of the same to the Elections Dept. Notify Kris Carlson, Civil Deputy County Attorney to notify ADWR the election has been called. The Elections Dept will continue with the process to put the measure on the ballot and conduct the election.
Impact of NOT Approving/Alternatives:
If the Board does not call the election, we will be in violation of A.R.S. § 45-415, Title 19 statutes and the State Constitution regarding Initiatives.
To BOS Staff: Document Disposition/Follow-Up:
Sign and record Resolution, sign letter, and provide recorded Resolution and signed letter to the Clerk of the Board in Graham County immediately after this meeting. Provide a copy of the same to the Elections Dept. Notify Kris Carlson, Civil Deputy County Attorney to notify ADWR that the election has been called.
Fiscal Impact
- Fiscal Year:
- 2022
- One-time Fixed Costs? ($$$):
- yes
- Ongoing Costs? ($$$):
- yes
- County Match Required? ($$$):
- no
- A-87 Overhead Amt? (Co. Cost Allocation $$$):
- 0
- Source of Funding?:
- 0
Fiscal Impact & Funding Sources (if known):
This is a cost that will be covered in the Elections Dept annual budget as a standard cost to conduct an election. There is no way to break out what this cost would be as it's on the statewide general election ballot and not a separate election.