Committee for Direct Election of the Mayor

P.O. Box 3403

Carefree, AZ  85377

 

CAREFREE VULNERABLE TO LAWSUIT AND PARALYSIS BECAUSE OF FLAWED ORDINANCE

 

Voter Alert:

 

To preserve our right to directly elect our Mayor without legal challenge,

Vote YES on Proposition 407 on November 2.

 

Proposition 407 will strengthen the election of the Mayor in two ways:

 

•       The Mayor will be elected by majority vote, as are our Town Council members and is consistent with all other cities and towns in Arizona.

 

•       If the Mayor leaves office for any reason the replacement will be an individual elected to the Town Council by the voters.

 

Failure to adopt these changes could result in legal challenges to the validity of the elected Mayor, leaving Carefree exposed to expensive, time-consuming litigation.

 

The ordinance enacted in 2009 governing the Mayor's election process is in conflict with existing Arizona and Carefree statutes.  It specifies that the candidate who receives the highest number of votes cast in the primary election is elected, and no further election shall be held even if a majority vote was not received.  Arizona statutes require that a candidate receive a majority of the votes cast in order to be elected in the primary, the same as all other Town Council members.

 

Should the elected Mayor leave office, the current ordinance allows the Town Council to appoint an individual not serving on the Council as Mayor.  This provision is in conflict with Carefree statutes which specify that the Vice-Mayor will assume the duties of the Mayor for the balance of the two-year term.  Unless changed, a person could become Mayor without being elected by the voters.

 

These statutory conflicts should be corrected.  The potential litigation would paralyze Town business for months.  Common sense changes offered by Proposition 407 eliminate these conflicts and preserve the direct election of the Mayor.

 

You will not receive a ballot by mail unless you have requested to vote by mail.  If you have not received a ballot, you will need to vote in the Town Council chambers, Carefree post office building, on Tuesday, November 2, 2010.

 

VOTE YES ON PROPOSITION 407