Sec. 12-403. Publicity pamphlet; sample ballot.
a. For a ballot measure or proposed amendment to the City Charter, the City Clerk shall cause to be printed a publicity pamphlet and shall mail one to each residence within the City in which an active registered voter resides, unless all voters at the residence have elected to be provided with an electronic copy of the pamphlet. To the extent possible, the City Clerk shall mail the publicity pamphlets before mailing early ballots.
b. Any City of Phoenix voter may elect to have the voter’s name placed upon a list of those wishing to obtain the publicity pamphlet electronically upon providing the voter’s e-mail address and other information required by the City Clerk to confirm the voter’s identity. The voter’s e-mail address shall not be used for any other purpose, unless authorized by the voter.
c. The City Clerk may include the sample ballot pursuant to this section in the publicity pamphlet. In the case of a bond election, the publicity pamphlet shall be called an informational pamphlet.
d. The publicity pamphlet shall contain the number and title of each proposition as it appears in the sample ballot, together with the text and a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition, in the order of the time filed, followed by any arguments opposing the proposition, in the order of the time filed.
e. Any arguments supporting or opposing propositions appearing on the ballot must be filed in the Office of the City Clerk not later than 5:00 p.m. on the ninetieth day prior to the election at which the propositions are to be voted upon, in accordance with the following criteria:
1. Arguments must relate to propositions proposed by initiative or referendum, or to proposed measures or Charter amendments submitted to voters by the Council.
2. Arguments must identify the proposition to which they refer and indicate whether the argument is in support of, or in opposition to, the proposition.
3. Arguments may not exceed 300 words.
4. Arguments must contain the original notarized signature of the person or persons who submit them. Arguments submitted by organizations shall contain the notarized signature of two executive officers of the organization, or if sponsored by a political committee, they shall contain the notarized signature of the committee’s chairman or treasurer. All persons signing arguments shall indicate their telephone number and residence or post office address, which shall not be printed in the publicity pamphlet. Argument signers may also indicate their e-mail address, which shall not be published in the publicity pamphlet.
5. Each argument filed as a paper copy shall be accompanied by a deposit in the amount of $250.00 to offset the proportional costs of printing, which shall not be waived on any account. The deposit amount shall be reduced to $200.00 for arguments filed electronically in a format prescribed by the City Clerk. If the proportional costs of printing are less than the amount deposited, the excess shall be refunded to the depositor at such time as final costs are determined. However, if the proportional costs of printing exceed the amount of the deposit, the additional costs shall be paid by the City.
6. No person, persons, organization, or political committee shall submit, or pay the deposit for, more than one argument related to any one proposition.
f. When propositions are to be voted upon at a special election, and time will not permit full compliance with the requirements of this section, provisions shall be made at the time of the call of the special election for printing and distribution of sample ballots and publicity pamphlets.
g. For each City election, the City Clerk shall mail a sample ballot to each residence within the City in which an active registered voter resides. The sample ballot shall contain the phrase "This Is A Sample Ballot And Cannot Be Used As An Official Ballot." A sample ballot cannot be used for voting, except that sample ballots may be issued by an Election Official to be used as a substitute ballot pursuant to Section 12-406. The sample ballot may be included in the publicity pamphlet required by this section.
h. Sample ballots printed pursuant to this section shall be a copy of the official ballot and shall be distinct in color or marking from the official ballot. The City Clerk shall provide each voting center the number of sample ballots the City Clerk deems necessary for use by voters.
i. The sample ballot will not be mailed to a residence where all active registered voters are on the permanent early voting list. The sample ballot will be mailed approximately 11 days before the election. (Ord. No. G-5390, § 1, 2009; Ord. No. G-5560, § 1, 2010; Ord. No. G-5737, 2012; Ord. No. G-6241, 2016)