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An ordinance enacted by the Mammoth Town Council that places limits on the future eligibility of candidates removed from office to run for the same or other town offices likely doesn’t pass muster under the Arizona Constitution.
Enacted on June 18, Ordinance 196 states that “recalled Town Council members who have been removed from office shall thereafter be ineligible to hold office in future Town Council elections or appointed to fill vacancies in the office of Town Council.”
The stated purpose of the ordinance was to save Mammoth the cost of having to budget the cost of additional elections to recall controversial officeholders and select their replacements. Such extra elections can cost the town $30,000 each, which budget-short Mammoth can ill afford, said Mammoth Mayor Don Jones.
Mammoth has had two raucous recall elections in recent years.
But the ordinance was frowned upon by the Arizona Attorney General’s Office.
“Local laws prohibiting a legally qualified candidate from appearing on a ballot go against the constitutional principles fundamental to the State of Arizona and our democracy. While the Council is seeking to reduce costs, that is not a sufficient justification for substituting its will for the will of the voters,” said AG spokesman Ryan Anderson.
Other legal experts note that only sections of Arizona Revised Statutes that do bar candidates from ballots are where a candidate submitted forged signatures on petition or failure to submit a timely campaign finance report. On the former, the candidate cannot run again for five years. On the latter the candidate is dropped from the current ballot.
But these experts note that the laws apply to statewide candidates and not municipalities.
Apparently some thought the Mammoth ordinance went too far. An amendment to Ordinance 196 offers at a special Town Council meeting on July 1 would limit the eligibility of recalled officeholders to run again to eight years. The amendment was tabled by the Council until its next regular meeting on July 16 so it could concentrate on more pressing budgetary matters.
An increase in the Mammoth portion of the transaction (sales) tax from 2% to 4% (boosting the overall transaction tax in the town to 10.6%) was among the budget items approved at the July 1 special session.
James J. Hodl is a career journalist who has worked for newspapers, magazines and trade journals. A graduate of Southern Illinois University with a Bachelor of Science degree in Journalism, Hodl began his career as a reporter with the Palatine (IL) Herald and the Morton Grove (IL) Review before becoming editor of the trade publication Appliance Service News. In recent years, Hodl has had articles published in Consumers Digest, Good Housekeeping, Home Remodeling, Kitchens & Baths and Salute; and has contributed to trade publications serving the home furnishings, restaurant and casino markets. A native of Chicago, Hodl relocated to San Tan Valley in 2013.
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