Brnovich requests court to declare Tucson election ordinance invalid

PHOENIX – Arizona Attorney General Mark Brnovich filed special action last week requesting the Arizona Supreme Court declare Tucson’s “off-cycle” election ordinance violate state law.

Tucson’s ordinance that is under scrutiny would require the city to hold its elections on a statewide election date if previous elections on a non-statewide election date saw a substantial decrease in voter turnout.

The ordinance was designed to increase voter turnout; however, the attorney general’s office argues in the special action that it is not solely a local matter.

The Arizona Supreme Court has previously ruled that some local elections have aspects that are statewide matters as well, including election dates.

The statue defined a significant decrease in voter turnout as at least 25% compared to the most recent election year where the governor appeared on the ballot.

In 2018, Tucson’s voter turnout for the statewide general election was 67%. In 2019, the turnout for the off-cycle election was 39.26%.

Even though there was a decrease in voter turnout, the Tucson City Council voted in February 2020 to hold the city primary election on Aug. 3, 2021 and the next city general election on Nov. 2, 2021.

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