41-563.02. Elections for expenditures in excess of expenditure limitation

A. For any election called pursuant to article IX, section 20, subsection (2), Constitution of Arizona, the governing board calling such election shall, in addition to any other election requirements prescribed by law, prepare and print a publicity pamphlet concerning the excess expenditure that is subject to a vote of the people. The governing board calling the election shall cause to be distributed not less than ten days nor more than thirty days prior to the election one copy of such publicity pamphlet to each household containing a registered voter within the applicable political subdivision. Except as otherwise noted in this section, the cost of printing, delivering and distributing such publicity pamphlets is a public expense of the applicable political subdivision.

B. The publicity pamphlet required by this section shall contain the following:

1. The date of the election.

2. Polling places and the times such polling places are open.

3. A true copy of the title and text of the measure to be voted upon, in the form in which the measure will appear on the ballot. Such text shall indicate material deleted, if any, by printing such material with a line drawn through the center of the letters of such material, and shall indicate material added or new material by printing the letters of such material in capital letters.

4. The form in which the measure to be voted upon will appear on the ballot, the official title, the descriptive title prepared by the clerk of the board of supervisors in the case of counties or the city or town clerk in the case of cities and towns, and the number by which the measure will be designated.

5. The amount of the expenditures which exceed the amount allowed pursuant to article IX, section 20, subsection (1), Constitution of Arizona.

6. A statement of the purpose or purposes for which the excess expenditures were or will be expended and the source of revenues used or to be used to finance the excess expenditures.

7. For elections called pursuant to article IX, section 20, subsection (2), paragraph (b), Constitution of Arizona, a statement that if the excess expenditure is not approved by a majority of the qualified electors voting at such election, the governing board shall for the following fiscal year reduce expenditures below the expenditures limitation allowed pursuant to article IX, section 20, subsection (1), Constitution of Arizona, by the excess amount.

8. For elections called pursuant to article IX, section 20, subsection (2), paragraph (c), Constitution of Arizona, arguments for and against the proposed excess expenditures, not to exceed two hundred words. Arguments for the proposed excess expenditures shall be prepared by the governing board. Arguments against the proposed excess expenditures shall be provided by those in opposition. Arguments for or against the excess expenditures shall be submitted to the governing board of the political subdivision at least thirty days prior to the scheduled election. The person, group or organization filing an argument shall not be required to pay any cost of the paper nor any cost of printing the argument.

C. For any election called pursuant to article IX, section 20, subsection (2), Constitution of Arizona, in addition to any other ballot requirements prescribed by law, the clerk of the board of supervisors in the case of counties or the city or town clerk in the case of cities and towns shall cause to be printed on the official ballot the following:

1. The official title and number of the measure to be voted upon at the ensuing election.

2. A statement that the excess expenditure to be voted upon is being referred by the governing board of the applicable political subdivision.

3. A descriptive title containing a summary of the principal provisions of the measure to be voted upon, not to exceed fifty words, which shall be prepared by the clerk of the board of supervisors in the case of counties or the city or town clerk in the case of cities and towns.

D. Except as otherwise provided in this section, any special election called for the purposes of article IX, section 20, subsection (2), Constitution of Arizona, shall be conducted as nearly as practicable in the manner prescribed for general elections in title 16, except that a special election shall be held on the third Tuesday in May.

E. For the purposes of article IX, section 20, subsection (2), paragraph (b), Constitution of Arizona, if a disaster resulting in excess expenditures occurs within ninety days prior to a regular or special election, such excess expenditures shall not be put to a vote of the people until the next subsequent regular or special election.

F. The governing body shall separately budget for the expenditures approved pursuant to this section and may not expend any amounts of money subject to the expenditure limitation in excess of the expenditure limitation calculated without regard to the approved override amount unless such expenditures are made for the purposes stated in the publicity pamphlet.