AZ Attorney General: Tucson Election Cycle Violates State Law

TUCSON, AZ — Tucson's 2021 city election might violate state law, according to a Thursday filing with the Arizona Supreme Court.

Arizona Attorney General Mark Brnovich is asking the court via special action to resolve whether or not the city of Tucson's "off-cycle" election violates state law. If the court agrees that it does, Tucson will have to hold off on holding its next city election until 2022.

In a news release, Brnovich said that Tucson's election is a matter of statewide importance and that holding an election in 2021, a year before the rest of the state, could lead to lower voter participation.

"The AGO argues that Tucson's ordinance is not a matter of purely local concern," the attorney general wrote. "Matters of statewide interest include increasing voter participation, protecting the fundamental right to vote, and safeguarding the integrity of Arizona’s elections."

Pima County Recorder F. Ann Rodriguez said her office "takes no position on this matter."

But Tucson City Attorney Mike Rankin said the filing was not a surprise. In a statement to Patch, Rankin said a statue adopted in 2018 wouldn't require the city to switch over its election cycle until 2022.

"This change of election cycle is directly contrary to Tucson’s charter, and is directly contrary to the will of Tucson’s voters, who rejected a ballot measure in 2018 that proposed to amend the Charter and move to even-year elections," he said.

City and state elections are typically held in even-numbered years. Arizona law "requires a city to “hold its elections on a statewide election date if its previous elections on a non-statewide election date resulted in a significant decrease in voter turnout," said Brnovich.

During Tucson’s 2018 statewide general election voter turnout was 67%. In 2019, voter turnout for Tucson’s off-cycle election was 39.26%, according to the attorney general's office.

Despite that decline, Tucson intends to hold its next city primary election on Aug. 3, 2021 and the next city general election on Nov. 2, 2021.

Rankin said that the Arizona Court of Appeals rejected a 2014 attempt to move Tucson's elections to even years and the city intends to defend itself again, if necessary.

"The city will defend against this special action, and again defend its constitutional authority as a charter city," he said.