16-341

16-341. Nomination petition; method and time of
filing; form; qualifications and number of petitioners
required

A. Any qualified elector who is not a registered member of a political party that
is recognized pursuant to this title may be nominated as a candidate for public office
otherwise than by primary election or by party committee pursuant to this section.

B. This article shall not be used to place on the general election ballot the name
of a political party which fails to meet the qualifications specified in section 16-802
or 16-804, or the name of any candidate representing such party or the name of a
candidate who has filed a nomination petition in the immediately preceding primary
election and has failed to qualify as the result of an insufficient number of valid
signatures.

C. A nomination petition stating the name of the office to be filled, the name and
residence of the candidate and other information required by this section shall be filed
with the same officer with whom primary nomination papers and petitions are required to
be filed as prescribed in section 16-311. Except for candidates for the office of
presidential elector filed pursuant to this section, the petition shall be filed at the
same time as primary nomination papers and petitions are required to be filed as
prescribed by section 16-311. The petition shall be signed only by voters who have not
signed the nomination petitions of a candidate for the office to be voted for at that
primary election.

D. The nomination petition shall be in substantially the following form:

"The undersigned, qualified electors of __________ county, state of
Arizona, do hereby nominate __________, who resides at __________ in the
county of __________, as a candidate for the office of __________ at the
general (or special, as the case may be) election to be held on the __________
day of __________, _____.

I hereby declare that I have not signed the nomination
petitions of any candidate for the office to be voted for at this
primary election, and I do hereby select the following designation
under which name the said candidate shall be placed on the
official ballot (here insert such designation not exceeding three
words in length as the signers may select)."

E. The nomination petition shall conform as nearly as possible to the provisions
relating to nomination petitions of candidates to be voted for at primary elections and
shall be signed by at least the number of persons who are registered to vote determined
by calculating three per cent of the persons who are registered to vote of the state,
county, subdivision or district for which the candidate is nominated who are not members
of a political party that is qualified to be represented by an official party ballot at
the next ensuing primary election and accorded representation on the general election
ballot.

F. The percentage of persons who are registered to vote necessary to sign the
nomination petition shall be determined by the total number of registered voters from
other than political parties that are qualified to be represented by an official party
ballot at the next ensuing primary election and accorded representation on the general
election ballot in the state, county, subdivision or district on March 1 of the year in
which the general election is held. Notwithstanding the method prescribed by subsection E
of this section and this subsection for calculating the minimum number of signatures
necessary, any person who is registered to vote in the state, county, subdivision or
district for which the candidate is nominated is eligible to sign the nomination petition
without regard to the signer's party affiliation.

G. For the purposes of this section, a nomination petition for the office of
presidential elector may be circulated by a person who is not a resident of this state
but who is otherwise eligible to register to vote in this state. The nomination petition
shall include a group of names of candidates equal to the number of United States
senators and representatives in Congress from this state instead of separate nomination
petitions for each candidate for the office of presidential elector. A valid signature
on a petition containing a group of presidential electors candidates is counted as a
signature for the nomination of each of the candidates. The presidential candidate whom
the candidates for presidential elector will represent shall designate in writing to the
secretary of state the names of the candidates who will represent the presidential
candidate before any signatures for the candidate can be accepted for filing. A
nomination petition for the office of presidential elector shall be filed not less than
sixty nor more than ninety days before the general election. The petition shall be signed
only by qualified electors who have not signed the nomination petitions of a candidate
for the office of presidential elector to be voted for at that election.

H. The secretary of state shall require in the instructions and procedures manual
issued pursuant to section 16-452 that persons who circulate nomination petitions
pursuant to this section for the office of presidential elector and who are not residents
of this state but who are otherwise eligible to register to vote in this state shall
register as circulators with the office of the secretary of state before circulating
petitions. The secretary of state shall provide for a method of receiving service of
process for those petition circulators who are registered.

I. A person who files a nomination paper pursuant to this section for the office of
president of the United States shall designate in writing to the secretary of state at
the time of filing the name of the candidate's vice-presidential running mate, the names
of the presidential electors who will represent that candidate and a statement that is
signed by the vice-presidential running mate and the designated presidential electors and
that indicates their consent to be designated. A nomination paper for each presidential
elector designated shall be filed with the candidate's nomination paper. The number of
presidential electors shall equal the number of United States senators and
representatives in Congress from this state.

J. A candidate who does not file a timely nomination petition that complies with
this section is not eligible to have the candidate's name printed on the official ballot
for that office. The filing officer shall not accept the nomination paper of a candidate
for state or local office unless the candidate provides or has provided all of the
following:

1. The nomination petition required by this title.

2. A political committee statement of organization or the five hundred dollar
threshold exemption statement for that office.

3. The financial disclosure statement as prescribed for candidates for that office.