R21-01-01 Initiative Signatures

RESOLUTION R21-01-01 
 
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 
OF EL MIRAGE, ARIZONA, AMENDING TITLE III (ADMINISTRATION) OF 
THE CODE OF EL MIRAGE, ARIZONA BY AMENDING SECTION § 32.066 
(INITIATIVES AND REFERENDUMS) CONFORMING THE NUMBER OF 
SIGNATURES REQUIRED FOR INITIATIVE PETITIONS WITH STATE 
STATUTE.  
 
WHEREAS, A.R.S. § 19-143 provides that the whole number of votes at the city election 
at which a mayor or councilman was chosen last preceding the submission of the application for 
an initiative petition is the basis for computing the number of qualified electors of the city or town 
required to sign an initiative petition; and 
 
WHEREAS, A.R.S. § 19-143 also allows cities to use alternative basis for computing the 
number of qualified electors required to sign an initiative petition; and  
 
WHEREAS, the El Mirage City Code currently requires, as an alternative to State statute, 
that the total number of registered voters qualified to vote at the last municipal election is the basis 
for computing the number of qualified electors of the city or town required to sign an initiative 
petition; and 
 
WHEREAS, the Council wishes to amend the basis for computing the number of qualified 
electors of the city or town required to sign an initiative petition to conform with State statute and 
be computed based on the number of votes at the city election at which a mayor or councilman 
was chosen, as opposed the total number of registered voters qualified to vote; 
 
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of El 
Mirage, Arizona, as follows: 
 
Section I. 
Section § 32.066 of Title III (Administration) is amended as follows: 
 
§ 32.066  INITIATIVES AND REFERENDUMS. 
 
(A)   Power reserved; time of election. There is reserved to the qualified electors of the city 
the power of the initiative and the referendum as prescribed by the state constitution. Any 
initiative or referendum matter shall be voted on at the next ensuing primary or general 
election. 
 
(B)   Number of signatures. 
 
      (1)   The total number of registered voters qualified to vote at the last municipal 
election, whether regular or special, immediately preceding the date upon which any 
initiative petition is filed shall be the basis upon which the number of qualified electors of 
the city required to file an initiative petition shall be computed DETERMINED BY STATE 
LAW.

Resolution R21-01-01 
2 
 
 
      (2)   The basis upon which the number of qualified electors of the city required to file 
a referendum petition shall be as determined by state law. 
 
Section II.  
All ordinances and parts of ordinances in conflict with the provisions of this 
Ordinance or any part of the Code adopted herein by reference, are hereby 
repealed. 
Section III. 
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is 
for any reason held to be invalid or unconstitutional by the decision of any court 
of competent jurisdiction, such decision shall not affect the validity of the 
remaining portions thereof. 
 
 
PASSED AND ADOPTED by the Common Council of the City of El Mirage, Arizona, 
this 21st day of January, 2021. 
 
 
FOR THE CITY OF EL MIRAGE: 
 
ATTESTED TO: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Alexis Hermosillo, Mayor 
 
 
 
Sharon Antes, City Clerk 
 
 
REVIEWED BY: 
 
 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Crystal Dyches, City Manager 
 
 
Pierce Coleman, PLLC, City Attorney