A.R.S. tit. 19 ch. 2 — Arizona Revised Statutes Title 19 Chapter 2 — Recall And Advisory Recall

19-201. Officers subject to recall; number of petitioners A. Every public officer holding an elective office, either by election, appointment or retention, is subject to recall from such office by the qualified electors of the electoral district from which candidates are elected to that office. Such electoral district may include the whole state. A number of qualified electors equaling twenty-five percent of the number of votes cast at the last preceding general election for all the candidates for the office held by the officer, even if the officer was not elected at that election, divided by the number of offices that were being filled at that election, by recall petition, may demand the officer's recall. For a public officer elected at a nonpartisan election, the last preceding general election is the last preceding election at which the public officer who is the subject of the recall was declared elected. B. In the case of a public officer holding office in a newly created division or district of an elective office, either by election or appointment, a number of qualified electors equaling twenty-five percent of the number of votes cast at the last preceding general election for all those who were candidates for other divisions or districts of the same office held by the officer in that county or city divided by the number of offices that were being filled at that election, by recall petition, may demand the officer's recall. C. If the elective officer to be recalled was appointed to the office or was deemed elected after an election was canceled due to the absence of opposing candidates as provided in section 15-424, 15-1442, 16-822, 48-802, 48-1012, 48-1208, 48-1404, 48-1908, 48-2010, 48-2107 or 48-2208, the recall petition must be signed by the number of qualified electors that is equal to at least ten percent of the number of active registered voters in the jurisdiction or district represented by that elective officer as determined on the date of the last general election. 19-201.01. Legislative finding and intent; strict compliance The legislature recognizes that recall overturns the determination of the qualified electors and therefore finds and determines that strict compliance with the constitutional and statutory requirements for recall and in the application and enforcement of those requirements provides the surest method for safeguarding the integrity and accuracy of the recall process. Therefore, the legislature finds and declares its intent that the constitutional and statutory requirements for recall be strictly construed and that persons using the recall process strictly comply with those constitutional and statutory requirements. 19-202. Recall petition; limitations; subsequent petition A. A recall petition shall not be circulated against any officer until the officer has held office for six months, except that a petition may be filed against a member of the legislature at any time after five days from the beginning of the first session after the member's election. The commencement of a subsequent term in the same office does not renew the six month period delaying the circulation of a recall petition. B. After one recall petition and election, no further recall petition shall be filed against the same officer during the term for which the officer was elected unless the petitioners signing the petition first, at the time of application for the subsequent recall petition, pay into the public treasury from which such election expenses were paid all expenses of the preceding election. 19-202.01. Application for recall petition A. A person or organization intending to file a recall petition, before causing the petition to be printed and circulated, shall submit an application setting forth the following: 1. The person's name and address or, if an organization, its name and address and the names and titles of its officers. 2. The person's or organization's intention to circulate and submit a recall petition. 3. The text of the general statement required by section 19-203 and a request for issuance of an official number to be printed on the signature sheets of the petition. B. The application and petition shall be submitted as a single document to the office of secretary of state if for recall of a state officer, including a member of the state legislature, or a member of Congress, and with the county officer in charge of elections if for a county or district officer or superior court judge, with the city or town clerk if for a city or town officer and with the county school superintendent if for a governing board member of a school district. At the same time and place as submitting the application and petition, the person filing the application shall submit to the filing officer a separate electronic copy of the general statement required by section 19-203 in the format prescribed by the filing officer. C. On receipt of the application and petition, the filing officer shall assign a number to the petition that shall appear in the lower right-hand corner on each side of each signature sheet and shall issue that number to the applicant. The filing officer shall maintain a record of each application received, of the date of its receipt and of the number assigned and issued to the applicant. D. When the application is received by the filing officer and marked by the filing officer with an official date and time of receipt, the time-and-date-marked application, including the general statement required by section 19-203, constitutes the official copy of the text of the recall and shall be used in all instances as the text of the recall. For any subsequent change in the text of the recall by the applicant, including any change in the general statement required by section 19-203, the applicant shall file a new application, shall receive a new official serial number and shall use as the text of the recall the time-and-date-marked text that accompanied the new application, and any signatures that are obtained on the prior recall petition are invalid for the new recall petition. 19-203. Recall petition; contents; submission for verification; nonacceptance A. A recall petition shall contain a general statement of not more than two hundred words stating the grounds of the demand for the recall. The petition shall be submitted for verification of signatures to the appropriate filing officer as prescribed by section 19-202.01. B. A recall petition is not considered filed for purposes of this chapter until the verification process is complete and the petition is filed pursuant to section 19-208.03, subsection A, paragraph 1. C. A recall petition shall not be accepted for verification if more than one hundred twenty days have passed since the date of submission of the application for recall petition as prescribed by section 19-202.01. D. The filing officer's time-and-date-marked copy of the application, including the general statement of the grounds for recall, constitutes the full and correct copy of the recall text and is the only valid copy for circulation for signatures. Signatures that are collected with any copy of the recall text that is not a facsimile of the time-and-date-marked copy with the complete text that is identical to the time-and-date-marked copy issued by the filing officer are invalid. 19-204. Form of petition A. The caption and body of a recall petition shall be substantially as follows: Recall Petition We, the qualified electors of the electoral district from which ________________________ (name and title of office) was elected, demand the elected official's recall The grounds of this demand for recall are as follows: (State in two hundred words or less the grounds of the demand) B. Each petition sheet shall have printed on the top of each sheet the following: "It is unlawful to sign this petition before it has a serial number." C. The following shall be printed on each petition sheet in capital letters in at least twelve point bold-faced type in the upper right-hand corner of the face of the petition sheet and below the statement prescribed in subsection B of this section: "___________ paid circulator" "______________ volunteer". D. A circulator of a recall petition shall state whether the circulator is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures. E. Signatures obtained on recall petitions in violation of subsection D of this section are void and shall not be counted in determining the legal sufficiency of the petition. The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section. F. Each petition shall contain ten numbered lines for signatures. The lines shall be headed as follows: Signature Name Post Address City or Date (first and office & zip town signed last name actual code (if any) printed) address (street & no. and if no street address, describe residence location) The validity of signatures on this sheet must be sworn to by the circulator before a notary public on the form appearing on the back of the sheet. Number ________________ G. The affidavit shall be in the following form printed on the reverse side of each signature sheet: Affidavit of Circulator State of Arizona ) ) ss.: County of ___________) (Where notarized) I, (print name) , a person who is not required to be a resident of this state but who is otherwise qualified to register to vote in the county of _______, in the state of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that subject to section 19-206, Arizona Revised Statutes, each individual printed the individual's own name and address and signed this sheet of the foregoing petition in my presence on the date indicated and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county office, of the city, town or county for which the officer subject to the proposed recall serves) and that at all times during circulation of this signature sheet a copy of the time-and-date-marked petition was stapled to the signature sheet. (Signature of affiant) _______________________ (Residence address, street and number of affiant, or if no street address, a description of residence location) ___________________________ Subscribed and sworn to before me on _________________________ (date) __________________________________ Notary Public (Form shall include a designated location for notary stamp) H. The form of the affidavit shall not be modified. Any petition that contains a partially completed affidavit or an affidavit that has been modified is invalid. 19-204.01. Sample recall petitions; strict compliance The secretary of state shall make available a sample recall petition that strictly complies with the requirements of section 19-204. Any person or organization that uses the sample recall petition of the secretary of state is presumed to have strictly complied with the requirements of section 19-204. 19-205. Signatures and verification A. Every qualified elector signing a petition for a recall election shall do so in the presence of the person who is circulating the petition and who is to execute the affidavit of verification on the reverse side of the signature sheet. At the time of signing, the qualified elector shall: 1. Sign and print the elector's first and last name. 2. Write in the appropriate spaces following the signature the elector's residence address, giving street and number or, if the elector has no street address, a description of the elector's residence location, and the date on which the elector signed the petition. B. The person before whom the signatures were written on the signature sheet shall in an affidavit subscribed and sworn to by that circulator before a notary public verify that each of the names on the sheet was signed in the circulator's presence on the date indicated, that the name and address were printed by the signer on the date indicated and that in the circulator's belief each signer was a qualified elector of the election district on the date indicated in which the recall election will be conducted. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. If signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county that are most numerous on the signature sheet shall be counted. 19-205.01. Registered circulators; requirements; violation; classification; definition A. All circulators who are not residents of this state and all paid circulators must register as circulators with the secretary of state before circulating petitions pursuant to this chapter. The person or organization that is circulating the petition shall collect and submit the completed registration applications to the secretary of state. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16-452 a procedure for registering circulators, including circulator registration applications, and shall publish on a website maintained by the secretary of state all information regarding circulators that is required pursuant to this section. The filing officer shall disqualify all signatures collected by a circulator who fails to register pursuant to this subsection as provided for in section 19-208.01, subsection A. B. The circulator registration application required by subsection A of this section shall require the following: 1. The circulator's full name, residence address, telephone number and email address. 2. The recall petition on which the circulator will gather signatures. 3. A statement that the circulator consents to the jurisdiction of the courts of this state in resolving any disputes concerning the circulation of petitions by that circulator. 4. The address of the person or organization in this state for which the circulator is gathering signatures and at which the circulator will accept service of process related to disputes concerning circulation of that circulator's petitions. Service of process is effected under this section by delivering a copy of the subpoena to that person individually, by leaving a copy of the subpoena with a person of suitable age or by mailing a copy of the subpoena to the person or organization by certified mail to the address provided. 5. An affidavit from the registered circulator that is signed by the circulator before a notary public and that includes the following declaration: I, (print name) , under penalty of a class 1 misdemeanor, acknowledge that I am eligible to register as a circulator in the state of Arizona, that all of the information provided is correct to the best of my knowledge and that I have read and understand Arizona election laws applicable to the collection of signatures for a recall. C. Within five business days after submission and review of a complete and correct circulator registration application that complies with this section, the secretary of state shall register and assign a circulator registration number to the circulator. D. A person may not register as a circulator pursuant to this section if the person: 1. Has had a civil or criminal penalty imposed for a violation of title 16 or this title within the immediately preceding five years. 2. Has been convicted of treason or a felony and has not been restored to civil rights as described in section 16-101, subsection A, paragraph 5. 3. Has been convicted of any criminal offense involving fraud, forgery or identity theft. E. If a registered circulator is properly served with a subpoena to provide evidence in an action regarding circulation of petitions and fails to appear or produce documents as provided for in the subpoena, all signatures collected by that circulator are deemed invalid. The party serving the subpoena may request an order from the court directing the filing officer to remove any signatures collected by the circulator as provided for in section 19-208.01, subsection A. F. Any person may challenge the lawful registration of circulators in the superior court of the county in which the circulator is registered. A challenge may not be commenced more than ten business days after the date that the filing officer has received, processed and made available all final petition sheets individually numbered. The person challenging signatures may amend that complaint after the filing officer has removed signatures and signature sheets as prescribed in section 19-208.01. An action pursuant to this section shall be advanced on the calendar and decided by the court as soon as possible. Either party may appeal to the supreme court within five calendar days after entry of judgment. The prevailing party in an action to challenge the registration of a circulator under this section is entitled to reasonable attorney fees. G. A person who knowingly omits or misrepresents information or provides false information on a circulator registration application or who registers in violation of this section is guilty of a class 1 misdemeanor. H. For the purposes of this title, "paid circulator": 1. Means a natural person who receives monetary or other compensation for obtaining signatures on a recall petition or for circulating recall petitions for signatures. 2. Does not include a paid employee of any person or organization, unless that employee has or will obtain two hundred or more signatures on a recall petition in an election cycle. 19-205.02. Prohibition on circulating of petitions by certain persons No county recorder or justice of the peace and no person other than a person who is qualified to register to vote pursuant to section 16-101 may circulate a recall petition, and all signatures verified by any such unqualified person are void and shall not be counted in determining the legal sufficiency of the petition. 19-205.03. Prohibition on signing petition for profit; classification Any person who knowingly gives or receives money or any other thing of value for signing a recall petition, excluding payments made to a person for circulating such petition, is guilty of a class 1 misdemeanor. 19-205.04. Withdrawal of petition signature; payment of remuneration; violation; classification A. A person who has signed a recall petition may withdraw the person's signature from the petition not later than 5:00 p.m. on the date the petition containing the person's signature is actually submitted for verification pursuant to section 19-203. B. To withdraw a petition signature, a person may do any of the following: 1. Verify the withdrawal by signing a simple statement of intent to withdraw at the office of the filing officer. 2. Mail a signed, notarized statement of intent to withdraw to the filing officer. 3. Draw a line through the signature and printed name on the petition. C. A signature withdrawn pursuant to subsection B of this section and received by the filing officer within the time provided for in subsection A of this section shall not be counted in determining the legal sufficiency of the petition. D. A person who knowingly gives or receives money or any other thing of value for signing a statement of signature withdrawal pursuant to subsection B of this section is guilty of a class 1 misdemeanor. 19-206. Coercion or other unlawful acts; violation; classification A. Every qualified elector of this state may sign a recall petition on any officer for whom the elector is qualified to vote. B. A person is guilty of a class 1 misdemeanor if the person knowingly induces or compels any other person, either directly or indirectly or by menace or threat that the person will or may be injured in the person business or be discharged from employment or that the person will not be employed, to sign or to refrain from signing the person's name to a recall petition or, after signing the person's name, to have the person's name taken from the petition. C. Unless another classification is specifically prescribed in this title, a person is guilty of a class 1 misdemeanor if the person knowingly does any of the following: 1. Signs any name other than the person's own to a petition, except in a circumstance where the person signs for another person, in the presence of and at the specific request of that person, who is incapable of signing the person's own name because of physical infirmity. 2. Signs the person's name more than once for the same recall issue, at one election. 3. Is not at the time of signing a qualified elector of this state. 4. Fills out the name and address portion of the petition with the intent to commit fraud. 5. Violates any provision of this chapter, whether or not the person is an election officer. 19-206.01. Recall petition signature fraud; violation; classification; list of prohibited persons; definition A. For the purposes of this chapter, a person commits recall petition signature fraud if the person does either of the following with the intent to defraud: 1. Intentionally collects for filing recall petition signature sheets with the knowledge that the person whose name appears on the signature sheet did not actually sign the petition. 2. Uses any fraudulent means, method, trick, device or artifice to obtain signatures on a recall petition. B. A person who is paid by a person or organization to employ or subcontract with persons who fraudulently obtain recall petition signatures or who obtain recall petition signatures through other unlawful means is not guilty of a violation of subsection A of this section if the person does both of the following: 1. Reports the suspected unlawful or fraudulent signature collection to the filing officer. 2. Refuses to file the suspected unlawful or fraudulent signatures. C. A person who violates subsection A of this section is guilty of a class 1 misdemeanor, except that a person who engages or participates in a pattern of recall petition signature fraud is guilty of a class 4 felony and shall be prohibited from participating for five years in any election, initiative, referendum or recall campaign. D. The secretary of state shall maintain a list of persons who have been convicted of participating in a pattern of recall petition signature fraud in violation of this section and who are barred from participating in any election, initiative, referendum or recall campaign for five years from the date of conviction. The list shall be published on the secretary of state's website. The secretary of state shall remove a person from the list on expiration of the five-year prohibition. If a member of the public requests a copy of the list, the secretary of state shall provide it. E. For the purposes of this section, "pattern of recall petition signature fraud" means that the person employs or subcontracts with persons to obtain signatures and at least five of the employees or subcontractor's employees have been convicted of a violation of this section for one or more elections or recall campaigns in an election cycle. 19-207. Notice to officer; statement of defense Upon filing the petition as prescribed by section 19-208.03, subsection A, paragraph 1, the officer with whom it is filed shall within forty-eight hours, excluding Saturdays, Sundays or other legal holidays, give written notice to the person against whom it is filed. The notice shall state that a recall petition has been filed, shall set forth the grounds thereof, and shall notify the person to whom it is addressed that the person has the right to prepare and have printed on the ballot a statement containing not more than two hundred words defending the person's official conduct. If the person fails to deliver the defensive statement to the officer giving notice within ten days thereafter, the right to have a statement printed on the ballot shall be considered waived. 19-208. Resignation of person If a person against whom a recall petition is filed desires to resign, the person may do so by filing a written tender thereof with the officer with whom the petition demanding the person's recall is filed within five days, excluding Saturdays, Sundays and other legal holidays, after the filing of the petition as prescribed by section 19-208.03. In such event the person's resignation shall be accepted and the vacancy shall be filled as provided by law. 19-208.01. Removal of petition sheets and ineligible signatures; certification of number of signatures A. Within ten days after submission of a recall petition for verification of signatures pursuant to section 19-203, the filing officer shall: 1. Remove the following: (a) Those sheets that are not stapled to a copy of the time-and-date-marked copy of the application as prescribed in this chapter. (b) The copy of the application from the remaining petition sheets. (c) Those sheets that do not bear the correct petition serial number and, if applicable, the paid circulator registration number in the lower right-hand corner of each side. (d) Those sheets containing a circulator's affidavit that is not completed or signed or that has been modified. (e) Those sheets on which the circulator's affidavit is not notarized, the notary's signature is missing, the notary's commission has expired or the notary's seal is not affixed. (f) Those sheets on which the signatures of the circulator or the notary are dated earlier than the dates on which the electors signed the face of the petition sheet. (g) Those sheets that are circulated by a circulator who is prohibited from participating in any election, initiative, referendum or recall campaign pursuant to section 19-206.01. (h) Those sheets on which the circulator is required to be registered with the secretary of state pursuant to section 19-205.01 and the circulator is not properly registered at the time the petitions were circulated. 2. After completing the steps in paragraph 1 of this subsection, review each sheet to determine the county of the majority of the signers and shall: (a) Place a three or four letter abbreviation designating that county on the face of the petition. (b) Remove all signatures of those not in the county of the majority on each sheet by placing an adjacent mark or striking through the signature line. (c) Cause all signature sheets to be grouped together by county of registration of the majority of those signing. The detached copies of the application shall be made available to the applicant but may be disposed of after a reasonable period of time. 3. After completing the steps in paragraph 2 of this subsection, remove the following signatures that are not eligible for verification by placing an adjacent mark or striking through the signature line: (a) If the signature of the qualified elector is missing. (b) If the residence address or the description of residence location is missing. (c) If the date on which the petitioner signed is missing, if the date on which the petitioner signed the petition is before the date that the serial number was assigned to the person or organization that is filing the petition or if the date on which the petitioner signed the petition is after the date on which the affidavit was completed by the circulator and notarized. (d) Signatures in excess of the ten signatures allowed per petition. (e) Signatures withdrawn pursuant to section 19-205.04. (f) Signatures for which the filing officer determines that the petition circulator has printed the elector's first and last names or other information in violation of section 19-205. 4. After the removal of petition sheets and signatures, count the number of signatures for verification on the remaining petition sheets and note that number on the face of each petition sheet. 5. Number the remaining petition sheets that were not previously removed and that contain signatures eligible for verification in consecutive order on the front side of each petition sheet. 6. Count all remaining petition sheets and signatures not previously removed and notify the applicant of this total number eligible for verification. B. If the total number of signatures eligible for verification equals or exceeds the minimum number required by the Constitution of Arizona the filing officer shall reproduce a facsimile of the front and back of each signature sheet on which any signature eligible for verification appears. The filing officer shall transmit promptly to each county recorder facsimile sheets on which a signature of any individual claiming to be a qualified elector of that county appears. The filing officer shall also certify the number of sheets and signatures on the sheets that are being transmitted and retain a record of that certification in the filing office. The filing officer shall obtain a dated, signed receipt from the county recorder for copies of the original signature sheets transmitted under this section. C. If the number of signatures on the sheets submitted to the filing officer does not equal the minimum number required by the constitution, the filing officer shall so notify the person or organization submitting them and shall return the sheets to the persons or organization. The returned signature sheets may not be reused or resubmitted at any later date. 19-208.02. Certification by county recorder A. Within seventy-five days after receipt of the facsimile of the front and back of the signature sheets from the filing officer, the county recorder shall determine the number of signatures or affidavits of individuals whose names were transmitted that must be disqualified for any of the following reasons: 1. The signature is illegible and the signer is otherwise unidentifiable. 2. The signature was disqualified after comparison with the signature on the affidavit of registration. 3. A petition signer's signature is determined to be invalid after a comparison is made between the signature and handwriting on the petition and the petition signer's voter registration file. 4. If a petitioner signed more than once, all but one otherwise valid signature is disqualified. 5. The individual was not a qualified elector of the district on the date of signing the petition. 6. The individual was a registered voter but was not at least eighteen years of age on the date of signing the petition or affidavit. 7. A residence address or description of residence location is not provided. 8. The address provided is illegible or nonexistent. 9. A date of signing is not provided. 10. Any other reason a signature or entire petition sheet could be removed by the filing officer pursuant to section 19-208.01. B. The county recorder shall certify the number to the filing officer in the form prescribed by the secretary of state. C. At the time of certification, the county recorder shall: 1. Return the facsimile copies of the signature sheets to the filing officer and obtain a dated, signed receipt for the copies. 2. Send notice of the certification results by mail or electronically to the person or organization that submitted the recall petitions and to the filing officer. 19-208.03. Disposition of petition; date of filing A. Within five days, excluding Saturday, Sunday and legal holidays, after the county recorders have certified the number of qualified signatures to a petition, or sooner if a sufficient number of signatures have been certified to qualify for placement of the recall on the ballot, the filing officer shall total the number of signatures certified, and: 1. If the number equals or exceeds the minimum number required by the Constitution of Arizona, the filing officer shall immediately officially file the petition and notify the governor and each county recorder affected, stating that no more signatures need be checked, and the recall shall be placed on the ballot in the manner provided by law. 2. If the number is insufficient to qualify for calling a recall election the filing officer shall follow the procedure prescribed by section 19-208.01, subsection C. B. The date of filing the petition as provided for in subsection A, paragraph 1 of this section is the date of filing referred to in sections 19-207, 19-208 and 19-209. 19-208.04. Judicial review of actions by county recorder A. If the county recorder fails to comply with the provisions of section 19-208.02, any elector may apply, within ten calendar days after such refusal, to the superior court for a writ of mandamus to compel him to do so. If the court finds that the county recorder has not complied with the provisions of section 19-208.02, the court shall issue an order for the county recorder to comply. B. If an elector wishes to challenge the number of signatures certified by the county recorder under the provisions of section 19-208.02, he shall, within ten calendar days after the receiving officer has notified the governor and the county recorders of the number of certified signatures received by him, commence an action in the superior court for a determination thereon. The action shall be advanced on the calendar and heard and decided by the court as soon as possible. Either party may appeal to the supreme court within ten calendar days after judgment. C. An action filed in the superior court under the provisions of this section against a county recorder shall be filed in the county of such county recorder, except that when any such action involves more than one county recorder such action shall be filed in Maricopa county. 19-208.05. Special fund for reimbursement of county recorders A. Receiving officers shall establish a separate fund from which county recorders shall be reimbursed for actual expenses incurred by county recorders for performance of duties under section 19-208.02, but not to exceed the rate of fifty cents per signature. B. A county recorder who claims to be entitled to reimbursement under the provisions of this section shall submit a claim to the receiving officer. C. The special fund established pursuant to this section shall be exempt from the provisions of section 35-190, relating to lapsing of appropriations. 19-208.06. Refusal of filing officer to file petition or transmit facsimiles of signature sheets or affidavits of circulators; writ of mandamus; venue A. If the filing officer refuses to accept and file a petition for recall that has been presented within the time prescribed, or if the filing officer refuses to transmit the facsimiles of a signature sheet or sheets or affidavits of circulators to the county recorders for certification under section 19-208.01, the filing officer shall provide the person who submitted the petition, signature sheet or affidavit with a written statement of the reason for the refusal. Within five calendar days after the refusal any citizen may apply to the superior court for a writ of mandamus to compel the filing officer to file the petition or transmit the facsimiles, or for matters involving statewide recalls, the citizen may file a complaint with the county attorney or attorney general. The county attorney or attorney general may apply, within five calendar days after the complaint is made, to the superior court for a writ of mandamus to compel the secretary of state to file the petition or transmit the facsimiles. The action shall be advanced on the calendar and heard and decided by the court as soon as possible. Either party may appeal to the supreme court within five calendar days after entry of judgment by the superior court. The decision of the superior court may be stayed as prescribed by rules adopted by the supreme court. If the court finds that the petition is legally sufficient, the filing officer shall then file it, with a certified copy of the judgment attached as of the date on which it was originally offered for filing in the filing officer's office. B. The most current version of the general county register statewide voter registration database at the time of filing a court action challenging a recall petition shall constitute the official record to be used to determine on a prima facie basis by the challenger that the signer of a petition was not registered to vote at the address given on the date of signing the petition. If the address of the signer given on the date of signing the petition is different from that on the most current version of the general county register, the county recorder shall examine the version of the general county register that was current on the date the signer signed the petition to determine the validity of the signature and to determine whether the person was eligible to sign the petition at the time of signing. This subsection does not preclude introducing into evidence a certified copy of the affidavit of registration of any signer dated before the signing of the petition if the affidavit is in the possession of the county recorder but has not yet been filed in the general county register. C. An action that contests the validity of a recall based on the actions of the filing officer or compliance with this chapter by any person may not be maintained in any court in this state except as prescribed by this section. Any person may contest the validity of a recall. If multiple actions are filed that contest the validity of a recall, including actions filed pursuant to subsection A of this section, the separate actions shall be consolidated before the appropriate venue pursuant to subsection D of this section. In addition to contesting the validity of a recall, any person may seek to enjoin the secretary of state or other officer from certifying or printing the official ballot for the election that will include the proposed recall and to enjoin the certification or printing of the ballot. D. The superior court in Maricopa county shall have jurisdiction of actions relating to recalls to be submitted to the electors of the state at large. With respect to actions relating to local recalls for a county, special district or school district, the superior court in the county in which the district is located shall have jurisdiction. With respect to actions relating to recalls for a city or town, the superior court in the county in which the majority of the population of that city or town resides shall have jurisdiction. 19-209. Order for special recall election; officer in charge of election; definition A. If the officer against whom a petition is filed does not resign within five days, excluding Saturdays, Sundays and other legal holidays, after the filing as determined pursuant to section 19-208.03, the order calling a special recall election shall be issued within fifteen days and shall be ordered to be held on the next following consolidated election date pursuant to section 16-204 that is one hundred twenty days or more after the order calling the election. B. A recall election shall be called: 1. If for a state office, including a member of the legislature, by the governor. 2. If for a county officer, special taxing district officer or judge or other officer of the superior court in a county, by the board of supervisors of that county. 3. If for a city or town officer, by the legislative body of the city or town. 4. If for a member of a school district governing board, by the county school superintendent of the county in which the school district is located. C. If a recall petition is against an officer who is directed by this section to call the election it shall be called: 1. If for a state office, by the secretary of state. 2. If for a county office, by the clerk of the superior court. 3. If for a city or town office, by the city or town clerk. D. The officer in charge of the election for any recall election called pursuant to this chapter is as follows: 1. If for a state office, including a member of the legislature, the secretary of state. 2. If for a county officer, special taxing district officer or superior court judge, the county officer in charge of elections. 3. If for a city or town officer, the city or town clerk. 4. If for a member of a school district governing board, the county school superintendent of the county in which the school district is located. E. For the purposes of this section, "special taxing district" means a special taxing district that is established pursuant to title 48 and that is supported primarily by taxes. 19-210. Reimbursement for county expenses in conducting special recall election The political subdivision or district in which a public officer subject to recall serves shall reimburse the county for all expenses incurred in conducting the special recall election. 19-212. Nomination petition; form; filing A. Unless the officer otherwise requests in writing, the name of the officer against whom a recall petition is filed shall be placed as a candidate on the official ballot without nomination. Other candidates for the office may be nominated to be voted on at the election and shall be placed on the official recall ballot after filing a nomination petition that is signed by a number of qualified electors that is equal to at least two percent of the total votes cast for all candidates for that office at the last election for that office. Nomination petition signers shall be qualified electors of the electoral district of the officer against whom the recall petition is filed. B. If the officer against whom a recall petition is filed was appointed to the office or was deemed elected after an election was canceled due to the absence of opposing candidates as provided in section 15-424, 16-822, 48-802, 48-1012, 48-1208, 48-1404, 48-1908, 48-2010, 48-2107 or 48-2208, other candidates for the office to be voted on in the recall election shall be placed on the official recall ballot after filing a nomination petition that is signed by the number of qualified electors that is equal to at least one-half of one percent of the number of active registered voters in the jurisdiction or district represented by that elective officer as determined on the date of the last general election with not less than five signatures. Nomination petition signers shall be qualified electors of the electoral district of the officer against whom the recall petition is filed. C. The title and body of the nomination petition shall be substantially in the following form: Nomination Petition--Recall Election We, the undersigned electors, qualified to vote in the recall election mentioned herein, residents of the precinct indicated by the residence addresses given, and residents of the county of ______, state of Arizona, hereby nominate _______, who resides at ____, in the county of _______ to be a candidate in the recall election for the office of _______ to be held on _______(date)_________, and we further declare that we have not signed and will not sign any nomination paper for any other person for such office. The remainder of the petition shall be substantially in the form prescribed in section 16-315. D. If recall petitions have been filed against more than one member of a multimember public body whose members serve at large, the nomination petition and paper of the other candidates shall state which member they oppose. E. To each nomination petition shall be appended a certificate by a person who is qualified to register to vote pursuant to section 16-101 stating that to the best of his knowledge and belief all the signers of the nomination petition are qualified electors of the precinct which they give as their residence. F. The nomination petition shall be filed not more than one hundred twenty days nor less than ninety days before the date of the recall election. G. Any person who desires to be a candidate for the office at the recall election shall file a statement of interest with the appropriate filing officer for that office in the form prescribed by section 16-311. Any nomination petition signatures that are collected before the date the statement of interest is filed and before the date the recall application prescribed by section 19-202.01 is filed are invalid and subject to challenge. 19-213. Form and contents of ballot On the ballots for the election shall be printed the reasons as set forth in the petition for demanding the officer's recall and, in not more than two hundred words, the officer's justification of the officer's conduct in office. There shall be no party designation on the recall ballot for a nonpartisan office. The form of the ballot shall conform as nearly as practicable to the ballot prescribed for general elections. 19-214. Recall election board; consolidation of precincts A. A recall election board shall consist of one inspector and two judges who, together with two clerks, shall be appointed for each precinct if for a state or county election and shall be paid in the same manner as election boards. B. If for a city or town election, the recall election board shall be appointed by the clerk of the city or town and shall be paid in the same manner as city or town election boards. C. If for a trustee of a school district, the recall election board shall be appointed by the county school superintendent, and shall be paid from school district funds in the same manner as election boards for state or county elections. D. Two or more precincts may be consolidated for purposes of voting if determined practicable and reasonable by the appointing authority. 19-215. General election laws applicable The powers and duties conferred or imposed by law upon boards of election, registration officers, canvassing boards and other public officials who conduct general elections, are conferred and imposed upon similar officers conducting recall elections under the provisions of this article together with the penalties prescribed for the breach thereof. 19-216. Election results A. The candidate receiving the largest number of votes shall be declared elected for the remainder of the term and shall begin serving the remainder of the term on his qualification for the office and on completion of the canvass. Unless the incumbent receives the largest number of votes he shall be deemed removed from office upon qualification of his successor. If the incumbent's successor does not qualify within five days after the results of the election have been declared, the office shall be vacant, and may be filled as provided by law. B. The incumbent shall continue to perform the duties of his office until the completion of the canvass of the election returns. 19-217. Recall petition; changes; applicability Notwithstanding any other law, any change in the law or procedure adopted by a governing body with respect to circulation or filing of recall petitions after a recall petition application is submitted pursuant to section 19-202.01 for a state officer, a member of Congress, a county or district officer, a superior court judge, a city or town officer or a member of a school district governing board does not apply to the recall petition. 19-221. Statement on recall A. Prior to a primary or any election, a candidate for the office of United States senator, or representative in Congress, may file with the secretary of state a statement addressed to the people as follows: "If elected to the office (here name the office) I shall deem myself responsible to the people and under obligation to them to resign immediately if not re-elected on a recall vote", or: "If elected to the office (here name the office) I shall not deem myself under obligation to the people to resign if not re-elected by a recall vote." B. The secretary of state shall give the statement to the public press when made. 19-222. Pledge to resign subject to recall A. A United States senator or representative in Congress who has pledged himself to the people and under obligation to them to resign immediately if not re-elected upon a recall vote shall be subject to the laws of the state relating to recall of public officers, and may be recalled and his successor elected in like manner as a state officer. B. The laws of the state relating to recall of state officers and recall elections are made applicable to the recall of a senator or representative. 19-231. Petition for election to request resignation of district judges When there is filed with the secretary of state a petition signed by fifteen per cent of the electors of the judicial district as determined by the total number of votes cast for governor at the preceding election in the district, requesting the resignation of a United States district judge for the district of Arizona, the secretary of state shall submit to the electors at the next ensuing general election occurring not less than sixty days after the petition is filed, the question whether the electors request the resignation of the judge. The petition shall contain a statement of not more than two hundred words setting forth the reasons for the request. The judge against whom the petition is filed shall be immediately notified by the secretary of state of the filing, and there shall be printed upon the ballot the statement in the petition, and, at the request of the judge, a statement by him of not more than two hundred words. 19-232. Form of ballot At the election there shall be printed upon the ballot the question "Shall (name of person) be requested to resign from the office of United States district judge, [Yes: ] [No: ]." The electors shall vote by making a mark as defined in section 16-400 in the space after the word "yes" or "no." Immediately below and separate from the question shall be printed the words: "For United States district judge. (Recommended to the president for appointment)", and there shall then follow the names of candidates for the office as have been filed with the secretary of state not less than forty days prior to the election by petition of five per cent of the electors. 19-233. Canvass of vote; effect of results A. The secretary of state shall canvass the vote immediately and within ten days thereafter transmit the results to the official named in the petition, and if the resignation is favored, to the president and senate of the United States. B. If a majority of the electors voting thereon have requested the resignation of the judge, and a vacancy occurs, the majority candidate for the office shall be deemed endorsed by the electors and recommended to the president and senate of the United States for appointment and confirmation to fill the vacancy. 19-234. Recommendation of candidate by electors; filing by candidate of pledge to recall A. When a vacancy occurs in the office of a United States district judge for the district of Arizona, the electors may, by advisory vote, endorse and recommend to the president and the senate of the United States an appointee to fill the vacancy. B. There shall be printed upon the ballot at the next primary, special or general election held throughout the state after the vacancy, the words: "For United States district judge (recommendation to the president and senate for appointment)," and below, the names of persons filed with the secretary of state by petition of five per cent of the electors not less than forty days before the election. If Congress will convene before the election at which the vote can be taken, the governor shall, on petition of fifteen per cent of the electors, call a special election for such purpose to be held not less than thirty nor more than sixty days after filing the petition. C. Prior to the election a candidate for the office of United States district judge for the district of Arizona may file with the secretary of state a statement that he deems himself under obligation to resign, as provided in article 2 of this chapter as it pertains to a member of Congress, and the statement shall likewise be published on the ballot.