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C-number: C-37-21-003-X

C-number: C-37-21-003-X-00
Item: #125
Revision: 00
Vote — approved
Steve Gallardo yes
Jack Sellers yes
Bill Gates yes
Clint Hickman yes
Steve Chucri yes
125.SCHOOL DISTRICT GOVERNING BOARD ELECTION CANCELLATIONS Pursuant to A.R.S. § 15-424, if the total number of persons who file a nomination petition as of 5:00PM on July 6, 2020, or a write-in nomination paper as of 5:00PM August 19, 2020, is equal to or less than the number of positions to be filled for each district office to be elected at the General Election, the County Board of Supervisors is authorized to cancel the election for that position. The Board of Supervisors is also authorized b
Item Text
125. SCHOOL DISTRICT GOVERNING BOARD ELECTION CANCELLATIONS Pursuant to A.R.S. § 15-424, if the total number of persons who file a nomination petition as of 5:00PM on July 6, 2020, or a write-in nomination paper as of 5:00PM August 19, 2020, is equal to or less than the number of positions to be filled for each district office to be elected at the General Election, the County Board of Supervisors is authorized to cancel the election for that position. The Board of Supervisors is also authorized by the same statute to appoint those persons who filed a nomination petition or write-in nomination paper to serve as a governing board member for the respective terms in those districts where the election is cancelled pursuant to this statute. If the total number of candidates who filed a nomination petition or write-in nomination paper is less than the number of open positions, the office is deemed vacant. A.R.S. § 15-424(D). The Superintendent of Schools is authorized by A.R.S. § 15-302 to fill the vacancy by appointment. A person who is appointed pursuant to A.R.S. § 15-302 or § 15-424 is fully vested with the powers and duties of the offices as if elected to that office. Therefore, pursuant to A.R.S. § 15-424(D), cancel the November 3, 2020, elections for the attached list of governing board positions which meet the statutory criteria as outlined above as of 5:01PM on August 19, 2020, and appoint those candidates who filed nomination petitions or write-in nomination papers to serve the specified terms as governing board members. Also, declare vacant those positions on the attached list where the total number of candidates who filed a nomination petition or write-in nomination paper is less than the number of open positions, and allow the Maricopa County Superintendent of Schools to appoint the persons to fill those offices in accordance with A.R.S. § 15-302(A). The Superintendent of Schools will send a letter on August 21, 2020 to verify that no additional write in nomination papers were filed by 5:00PM on August 19, 2020, and no subsequent court decisions have been filed which alter the attached list with the Clerk of the Board’s Office. This statement will be filed of record with the approved cancellation list. Should a verified write in candidate or candidates file the necessary paperwork prior to 5:00PM on August 19, 2020, or a court decision is filed which then disqualifies the cancellation of the election for the effected district, the Superintendent of Schools shall so notify the Clerk, and that election shall be stricken from the list and the election will not be cancelled. (C-37-21-003-X-00)
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