2005 Arizona Revised Statutes - Revised Statutes §48-265  Petitions of registered voters; form; verification of signatures

A. A petition of registered voters that is submitted to comply with section 48-261, subsection A, paragraph 7, subdivision (c) shall contain a heading that clearly identifies the type of petition circulated and a statement that clearly describes the type of action being proposed. The petition shall be in a form that is substantially similar to the following:

Special taxing district creation petition

To the board of supervisors of (insert name) county:

We the undersigned, qualified electors of (insert name of county), state of Arizona, residing within the boundaries as illustrated and defined on the attached exhibit(s), legal description and map of the proposed boundaries, petition the county board of supervisors to create a (insert description of district) as described in the attached exhibit(s). I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am a qualified elector of the state of Arizona, county of _____________, and reside within the boundaries of the proposed district.

Notice: this is only a description of the district sought to be created by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the exhibits are attached. You have the right to read or examine the district impact statement before signing.

Warning

It is a class 1 misdemeanor for any person to knowingly do any of the following:

1. Sign a district creation petition with a name other than the person's own name, 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 that person's own name because of physical infirmity.

2. Sign the person's name more than once for the same measure.

3. Sign a district creation petition if the person is not a qualified elector of the state of Arizona residing within the boundaries of the proposed district.

      Signature  Name        Actual        Arizona    City or    Date
                 (first and  Address     Post Office    Town
                 last name   (street &     Address    (if any)
                 printed)    no. and if    & Zip
                             no street     Code
 

address,

describe

residence

location)

(Fifteen numbered lines for signatures)

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.

B. Each petition sheet shall have printed in capital letters in no less than twelve point bold-faced type in the upper right-hand corner of the face of the petition sheet the following:

"___________ paid circulator" "______________ volunteer"

C. A circulator of petitions 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.

D. Signatures obtained on petitions in violation of subsection B 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.

E. Every qualified elector signing a petition shall do so in the presence of the person who is circulating the petition and who is to execute the affidavit of verification. At the time of signing, the qualified elector shall sign his first and last names in the spaces provided and shall print the first and last names and shall write, in the appropriate spaces following the signature, the signer's residence address, giving street and number, and if the qualified elector has no street address, a description of the residence location. The qualified elector so signing or the person circulating the petition shall write, in the appropriate spaces following the qualified elector's address, the date on which the qualified elector signed the petition.

F. The title and text of petitions shall be in at least eight point type.

G. On the affidavit form pursuant to this section, the person before whom the signatures and addresses were written on the signature sheet shall subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed in the presence of the circulator on the date indicated, and that in the circulator's belief each signer was a qualified elector eligible to sign the petition and that at all times during circulation of the signature sheet copies of any required exhibits were attached. All signatures of petitioners on a signature sheet shall be those of qualified electors. Signature and handwriting comparisons may be made.

H. 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 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 each individual 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 residing within the boundaries of the proposed district and that at all times during circulation of this signature sheet, a copy of the required exhibits was attached 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

___________________________, Arizona.

My commission expires on _____________.

(date)

I. The eight point type required by subsection F of this section does not apply to maps, charts or other graphics.

J. The board of supervisors or other governing body of a political subdivision that receives a petition of registered voters pursuant to this section shall submit a facsimile copy of the signature sheets to the county recorder for verification. The county recorder shall conduct a signature verification that is substantially similar to the verification required by title 19, chapter 1. If the minimum number of signatures required is fewer than two hundred, the county recorder may follow either a verification procedure that is substantially similar to the verification procedure prescribed by title 19, chapter 1 or a verification procedure that is substantially similar to the verification procedure prescribed by section 19-208.02. The county recorder shall report the result of the verification to the board of supervisors or other governing body within ten days, excluding Saturdays, Sundays and other legal holidays, after receiving the copy of the signature sheets.

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