Arizona Senate bill by Sen. Kavanagh prohibits candidate support sources on municipal ballots

Passed bill authored by State Sen. John Kavanagh seeks to regulate municipal elections by prohibiting the indication of candidate support sources on ballots and defining voting and majority rules in city and town elections, according to the Arizona State Senate.

It passed both chambers as of May 1, clearing the House by a vote of 31-27 and the Senate by a vote of 17-10.

The bill, introduced as SB1536 on Feb. 3, during the first regular session of the 57th Legislature, was formally listed with the short title: ‘cities and towns; primary elections’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends Arizona Revised Statutes section 9-821.01 relating to municipal elections, specifically focusing on nonpartisan city and town elections. It prohibits cities and towns from indicating the source of a candidate’s support on ballots. For cities or towns with elections by district, only voters from that specific geographic area can vote for their respective council member candidates. It allows for candidates who receive a majority of votes in a primary election to be declared elected to office, with the election becoming effective as of the general election date. Specific procedures are outlined for cases where the current officeholder was appointed, and rules are established for situations where multiple candidates receive a majority of votes. For towns with populations of 5,000 or fewer, a majority vote may waive further elections if three-fifths of seats are already filled by candidates with a majority at the primary. The bill defines how to measure a majority of votes and addresses tie scenarios in various elections.

In the House, 31 Republicans voted in favor while 27 Democrats opposed it.

Meanwhile, in the Senate, 17 Republicans voted in favor while 10 Democrats voted against it.

Kavanagh introduced the bill in the Arizona Senate on Feb. 3 during the first regular session of the 57th Legislature.

Kavanagh graduated from New York Universit in 1973 with a BA and again in 1995 from Rutgers University-Newark with a PHD.

Kavanagh, a Republican, was elected to the Arizona State Senate in 2023 to represent the state’s 3rd Senate District, replacing previous state senator Sally Ann Gonzales.

The bill was vetoed by Gov. Katie Hobbs on May 12.

In Arizona, the legislative process begins when a bill is introduced in either the House of Representatives or the Senate. It is then assigned to one or more committees for discussion and possible amendment. If approved by committee, the bill proceeds to floor debate and voting in both chambers. If both chambers pass the bill, it is sent to the governor, who may sign it into law, veto it, or allow it to become law without a signature. The Arizona Legislature convenes annually in regular session starting the second Monday in January. Lawmakers introduce hundreds of bills each session, though only a portion make it into law. You can learn more about the legislative process on the Arizona State Legislature website.