City of Surprise council passed a resign law.
Being a general law city, was this vote illegal because the Arizona constitution has a resign law?
I asked the city for an interpentation: Sec. 14-1. – Dates.
All city elections shall occur on the consolidated election days during the months of September and November of each election year, with the primary occurring in September and the general occurring in November.
Notice is hereby given that the City of Surprise, Arizona will hold elections as follows: Primary Election: Tuesday, August 4, 2020, and General Election: Tuesday, …
Surprise Municipal Code Sec. 14-2. – Conducted in accordance with state statute, provides that, “All city elections are conducted in accordance with Arizona Revised Statutes relating to municipal elections and are subject to changes.”
Because ARS 16-201 provides that, “A primary election shall be held on the first Tuesday in August in any year in which a general election or special election is held and at which candidates for public office are to be elected” and ARS 16-204 generally preempts local law due to the state legislature finding that consolidated election schedules are a matter of state-wide concern, the City follows state law on scheduling of elections, just as every other city in the state does.