The Arizona Revised Statutes have been updated to include the revised sections from the 57th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 58th Legislature, 1st Regular Session, which convenes in January 2027.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
48-7041. Notice and conduct of elections; eligible voters
A. Any election under this article shall be a nonpartisan election and not a general election and is not subject to the requirements applicable to elections for general governmental bodies, including one-person-one-vote principles. An election under this article shall be called by posting notices in three public places within the boundaries of the district not less than twenty days before the election. Any election may be conducted as a mail ballot election in the manner prescribed in title 16, chapter 4, article 8.1 as nearly as practicable. If the election notice is not mailed to the property owners and, if applicable, to the qualified electors, the notice shall also be published in a newspaper of general circulation in the municipality, or if there is no newspaper so circulated in the municipality or if the district is located in an unincorporated area, in a newspaper of general circulation in the county in which the district is located once a week for two consecutive weeks before the election. The notice shall state:
1. The place of holding the election.
2. The hours during the day, not less than six, in which the polls will be open.
3. If it is a bond election, the amount of bonds to be authorized for the district, the maximum rate of interest to be borne on the bonds, the maximum term of the bonds, not exceeding thirty years, and the purposes for which the monies raised will be used.
4. If it is an ad valorem tax levy election pursuant to section 48-7022 or 48-7023, the maximum tax rate per $100 of net assessed limited property valuation to be imposed, the purposes for which the monies raised will be used and the existing maximum authorized tax rate.
5. If it is an assessment levy election pursuant to section 48-7023, the maximum assessment rate to be imposed, the purposes for which the monies raised will be used and the existing maximum assessment rate, if any.
6. That a general plan is on file with the clerk.
B. The board shall determine the date of the election and, if applicable, the polling places for the election and may consolidate precincts. The clerk shall prepare a list of eligible voters in the election. A prospective landowner voter shall execute an affidavit stating that the voter is the owner of land in the district and is qualified to vote pursuant to this section and stating the parcel number owned by the voter. Election board members may administer oaths or take all affirmations for these purposes. An election held pursuant to this article is not subject to title 16, chapter 2, article 3.
C. Only the owners of real property in the district and their designated representatives are eligible to vote in an election regarding an ad valorem tax levy election, an assessment election, an O/M tax election, an election for the board of directors of the district and in an election for dissolution. Voting eligibility is based on ownership of real property subject to taxation or assessment by the district. Corporations, partnerships and other business entities are eligible to vote as property owners, but only one vote may be cast for each one-seventh of an acre of real property in the district, except that any fraction of ownership of real property that is less than one-seventh of an acre entitles the owner to cast one vote. A majority of the acreage as represented by the votes cast at an election conducted solely under the acreage system shall determine the result. An acreage system election shall be conducted pursuant to the procedures prescribed in sections 48-3042 through 48-3051 as nearly as practicable. Qualified electors are eligible to vote in an election regarding general obligation bonds.
D. Except as otherwise provided by this article, the election shall comply with the general election laws of this state, except that the words to appear on the ballots shall be for a bond election "bonds, yes" and "bonds, no", for a tax election if no tax is in place "tax, yes" and "tax, no", for an assessment levy election "assessment, yes" and "assessment, no" and for a tax election to change an existing maximum or eliminate an existing tax "tax change, yes" and "tax change, no". The returns of election shall be made to the board.
E. Within fourteen days after an election, the board shall meet and canvass the returns. If the majority of acreage as represented by the votes cast at the election is in favor of imposing the tax, the board shall enter that fact on its minutes. The canvass may be continued from time to time. Failure of a majority to vote in favor of the matter submitted does not prejudice the submission of the same or similar matters at a later election. Any challenge to the conduct or outcome of an election held pursuant to this chapter must be commenced within thirty days after the canvass of the election and shall be limited to whether the district complied with the procedural requirements of this chapter.
F. If a person listed on the assessment roll is no longer the owner of land in the district and the name of the successor owner becomes known and is verified by recorded deed or other similar evidence of transfer of ownership, the successor owner is deemed to be the owner for the purposes of this article.
G. Notwithstanding any other provision of this article, if no person has registered to vote within the district within fifty days immediately preceding any scheduled election date, any election required to be held pursuant to this article shall be held with the vote by the owners of land within the district who are qualified electors of this state and other landowners according to section 48-3043. Each owner has the number of votes or portion of votes equal to the number of acres or portion of acres rounded upward to the nearest one-fifth of an acre owned in the district by that person.
H. Notwithstanding any other provision of this article, if the district receives a consent to waiver signed by owners of all of the land in the district, the district may waive any or all requirements of posting, publication, mailing, notice, hearing and landowner election otherwise required in connection with assessments or assessment bonds. On receipt of such consent to waiver, the district may levy the assessment and issue the assessment bonds without being required to comply with the provisions of this article for posting, publication, mailing, notice, hearing or landowner election.