PUBLICITY PAMPHLETS In-House or Outsource? Introductions (will be by a member of the AMCA Education Committee) BK - Background info. Note that the two of us are here as we represent two different methods for creating a publicity pamphlet. One creates the pamphlet in-house while the other uses an outside source. BK - Feel free to ask questions throughout the presentation or if you have experienced anything unique with respect to publicity pamphlets please feel free to share. AMCA ELECTION TRAINING – July 2017 Michael Claspell, Mesa Deputy City Clerk Brigitta M. Kuiper, Tempe City Clerk

Publicity Pamphlets Disclaimer: Publicity Pamphlets are governed by the Arizona Constitution, State Statutes, and case law. In addition, some cities have Charter or Code provisions regarding publicity pamphlets. As always, if you have questions, seek advice from your city/town attorney. MC - You should always consult your attorney regarding your publicity pamphlet to ensure all the required components are included. MC - As required by law, all pamphlet materials are printed in both English and Spanish. Keep in mind that although DOJ Preclearance is no longer required, the requirement that material be provided in both English/Spanish has not changed. If you have any questions about this mandate, be sure to consult with your attorney. If we are unsure, we will generally err on the side of caution and provide material in both languages.

Publicity Pamphlets Arizona Constitution http://www.azleg.gov/constitution/ Publicity pamphlet statutes http://www.azleg.gov/arstitle/ Title 9 – general plan elections Titles 9 and 35 – bond elections Title 19 - initiative, referendum, recall Title 41 - alternative expenditure limitation/permanent base adjustment election Case law BK – Besides having a discussion about publicity pamphlets, we want to provide helpful reference materials & information to the group. Click on links (if internet connection is available) BK – Case law; always remember that an Attorney told me about case law….

Publicity Pamphlets Where do I start? League Election Manual http://www.leagueaz.org/pdf/elections/ 2017/election_manual.pdf MC - If you’re not sure where to start, the League Election Manual is a great resource. It consolidates all the requirements and provides links to the associated statutory citations. MC - Reinforce talk to your attorney (can never stress this enough) MC - Use a fellow clerk as a resource BK: work link (if internet connection is available)

PUBLICITY PAMPHLET Requirements/Contents Mail one copy to every household that contains a registered voter Deliver pamphlet to household before the earliest date for early voting Post pamphlet on website Effective January 1, 2017: any contract for pamphlet publication or mailing shall require the contractor to pay a penalty for each day of mailing that occurs on or after the earliest date for receipt of requested early ballots Penalty: one cent for each household with a registered voter for each day of late mailing BK - Please note that the items listed are general requirements; some elections have specific requirements BK - Delivering pamphlet before the earliest date for early voting, difference for bond election. BK - New law: effective January 1, 2017 MC: talk about contract with Century Graphics; Mesa had one year left on a pamphlet printing contract. Our City Attorney advised us that with the change in the state law and the need to incorporate the penalty piece, and because we wanted to use our print vendor to also begin providing the mailing service, we should end the current contract and rebid to incorporate the changes.

PUBLICITY PAMPHLET Requirements/Contents Letter to voters Call of Election/Ballot measure language (ordinance/resolution) Measure(s) as they will appear on the ballot (sample ballot) Full Text and Taglines Pro/Con arguments Voting Information/Early voting/ID at the polls/voting instructions Polling Places (or a link to polling places) Spanish version In addition to the items required in various statutes, we typically provide material that will be helpful to voters and make the experience a hopefully simple and pleasant one. As part of the materials provided for this session, we have included sample pamphlets that include many, if not all of the items noted on this slide. Tempe: March 2016 Candidate/Charter Amendment & November 2016 Bonds Mesa: November 2014 Home Rule/General Plan & November 2016 Sales Tax BE SURE TO SEND PDF OF PAMPHLET SAMPLES ALONG WITH THE SLIDE PRESENTATION LETTERS TO VOTERS Outlines ballot measures VOTING INFORMATION/EARLY VOTING The who, where & when of voting Early voting information, when it begins and ends Where voters can vote in person Who to contact with questions VOTER IDENTIFICATION AT THE POLLS Forms of acceptable ID Where to go for ID verification POLLING PLACES Not always required to be in the pamphlet Printing polling places in the pamphlet comes with challenges in that polling places continue to change after the pamphlet is printed and mailed. Of course it comes with the caveat that voters should check with Maricopa County Elections to determine if their polling place has changed. BALLOT MEASURE LANGUAGE Pamphlets have both full text ballot language and taglines (measures as they will appear on the ballot). When we have a consolidated election with the County we are required to provide tagline language with word limit for the ballot: generally 50 words or less; In odd year or jurisdictional elections (those not consolidated with the County), we can include full text on the ballot instead of the more brief taglines.

PUBLICITY PAMPHLET Pro/Con Arguments Included in the publicity pamphlet – order of arguments Filed with the city/town clerk not less than 90 days before the election Contain a sworn statement by each person sponsoring the argument 300 words or less Cost? offset a portion of the proportionate cost of the paper and printing of the argument Each jurisdiction establishes their cost....typically not full cost recovery. Electronic filing for arguments MC: Arguments supporting or opposing ballot measures must appear in the publicity pamphlet. Pro arguments are listed first followed by the con arguments Arguments are due 90 days before the election ARS 19-141C Arguments require a sworn statement by each person appearing on the argument. Arguments: 300 words max Each jurisdiction established their cost....not a full cost recovery for us. BK: look up electronic filing for arguments, yes we do this in Tempe. What is Tempe fee? $100 per argument Mesa’s fee is $250 per argument (established by City Council in the early 1990’s) BK Reviewing: Ask audience how many are notaries and/or how many have notarized arguments…another city clerk posed a question to me that I thought would be good to discuss here…If you have a Councilmember that brings you an argument already notarized, but you see that the notary is incomplete because it does not have the “acknowledgement” language attached, what, if anything, would you do? Maybe point out or discuss after feedback…but if you are a clerk that is not also a notary, how would you know if it was or wasn’t a complete notary? Also, how many of you will point out spelling or grammatical errors on the arguments and do you allow them to fix the errors? Or do you publish with spelling and grammar errors. As clerk, I prefer not to notarize the document for which I am responsible for managing. I generally don’t have to since I have several notaries in the office and some arguments come in already notarized. BK: Recent ListServe question and discussion of paying argument fee online

Publicity Pamphlets General Plan Elections Title 9 League resource: website, Resources and Research tab General description of the plan and the plan elements Plan must be available in at least two locations; website Ratification by voters If approved, plan goes into effect If not approved, current plan remains in effect until a new plan is approved by the voters; resubmit the plan to the voters until it is ratified. According to the League Election Manual, the pamphlet for a General Plan election must include “a general description of the plan and its elements.” Mesa’s General Plan pamphlet included: The Resolution adopting the Plan A series of questions/answers designed to help voters better understand the plan A summary of the General Plan contents by Chapter Map MC – One of the sample pamphlets referenced in a previous slide includes a General Plan If not approved, what happened.

Publicity Pamphlets Bond Elections Titles 9 and 35 Bond Counsel; Financial Advisors General Obligation (G.O.), Revenue (Public Utilities) and Street & Highway Improvement Bonds. Thirteen specific requirements for the publicity pamphlet Mailing for G.O. Bond Pamphlet must be “not less than 35 days before the bond election” Pro/Con arguments Publicity Pamphlet must be submitted to the Department of Revenue within 30 days after the bond election BK and MC follow the bullet points on the slide Any questions? Two samples of pamphlets that included bonds have been provided with the session materials. One from Tempe and one from Mesa.

Publicity Pamphlets Initiative, Referendum, Recall Title 19 City Charter Include Ordinance/Resolution Ballot Language Requirements No specific pamphlet requirements for Initiative, Referendum or Recall MC - Although there are no specific statutory requirements outlined for publicity pamphlets that include Initiative, Referendum and Recall, some Charter/Code provisions may exist. MC - In Mesa, the Charter references requirements for Initiative, Referendum and Recall “as prescribed by state law” “signature requirements are based on the total votes for Mayor in the preceding election.” For Mesa, this translates to 7,791 signatures required for an Initiative and 5,328 required for a Referendum BK – Tempe requirements

Publicity Pamphlets Charter Amendments Charter cities Arizona Constitution; Title 19 Publicity pamphlet requirements If approved by voters, then send to the Governor for approval. Mention no longer have to send to the SOS – 2017 Legislation Important to stay on top of where the voter approved amendments are in the process: BK - Tempe Issue – one year plus to obtain Governor’s approval After a November, 2012 voter approved amendment, final Governor approval did not take place until March 2013 After a November 2008, voter approved amendment, follow-up with the Governor’s Office concluded that they misplaced the packet. Required Mesa to resubmit the material.

Publicity Pamphlets Alternative Expenditure Permanent Base Adjustment Election Title 41 League Resource – upon request, provide an informational packet. Submit detailed analysis and draft publicity pamphlet to Auditor General Publicity Pamphlet - specific requirements BK - Tempe: Always something new; been here for 25 years and never have done a permanent base adjustment election MC - In Mesa’s experience, the Auditor General response is very different depending upon the material: The response to the detailed analysis is statutorily required to be addressed within fifteen working days The response to the detailed analysis for Mesa has been a formal letter from the Auditor General to the Mayor The response to the draft publicity pamphlet has been a phone call or e-mail from the Auditor General’s Office. MC - Specific Pamphlet Requirements: The majority of the requirements are the same for both the Alternative Expenditure Limitation and the Permanent Base Adjustment, but some are adjusted based on the issue It’s important to be sure and review the packet provided by the League and all associated ARS

Publicity Pamphlets In-House – City of Mesa Consult timeline for dates/deadlines and set schedule Each pamphlet page is a separate document Update standard pages with current info Finalize ballot language & tagline (if needed) Collect arguments and other documents for Pamphlet (e.g. ordinances/resolutions) Translation and placement of translated documents in Pamphlet Proof, Proof & Proof Convert to PDF/submit to vendor 60 days prior to election Sample Pamphlets November 2014 November 2016 Mesa, I believe, is in the minority in producing the pamphlet in-house All information provided in the pamphlet is limited to factual information (regardless of whether produced in-house or by outsourcing) Created in Word – each page is a separate document, which allows the addition/deletion of items as needed/required by the ballot issues New for 2018, the printing and mailing of the pamphlet will be conducted by one vendor

Publicity Pamphlets In-House – City of Mesa Voter Registration/Costs November 2014 Home Rule, Bonds & Gen Plan Election Voter registration: 222,290 Pamphlets mailed: 126,867 Pamphlet cost: $32,266 Postage cost: $21,861 November 2016 Sales Tax Election Voter registration: 246,761 Pamphlets mailed: 137,922 Pamphlet cost: $26,269 Postage cost: $21,900 Some information to give a brief sample of the costs associated with pamphlet

Publicity Pamphlets Outsource – City of Tempe Runbeck Election Services, Inc. (cooperative purchase agreement with Maricopa County) Publicity Pamphlet Production Schedule Proof, Proof & Proof Sample Pamphlets March 2016 Publicity Pamphlet November 2016 Informational Pamphlet

Publicity Pamphlets Outsource – City of Tempe Voter Registration/Costs March 2016 Charter Amendment Election Voter registration: 75,399 Pamphlets mailed: 46,955 Pamphlet cost: $15,386 Postage cost: $10,434 November 2016 Bond Election Voter registration: 86,216 Pamphlets mailed: 57,080 Pamphlet cost: $22,410 Postage cost: $12,047

QUESTIONS?