Alert Oro Valley residents emailed complaints to Julie Bower, Oro Valley Town Clerk, regarding campaign signs that were posted before the 60-day requirement. The signs, posted by Don Cox’s Triple E PAC at numerous locations throughout Oro Valley on Wednesday afternoon, could not legally be installed until Friday, July 1st. This was in direct violation of ARS 16-1019 which only permits the placement of political signs beginning 60 days before a primary election.
According to Bower, “The signs were erected one day early. However, per state statute, “If a sign is placed in violation of subsection C and the placement is not deemed to constitute an emergency, the city, town or county may notify the candidate or campaign committee that placed the sign of the violation. If the sign remains in violation at least twenty-four hours after the jurisdiction notified the candidate or campaign committee, the jurisdiction may remove the sign.” (emphasis added)
“If the committee responsible for the signs was notified today, the statute allows twenty-four hours for the signs to be brought into compliance. By the end of the twenty-four hours allowed, the signs would no longer be in violation, so no action could be taken by the Town to remove the signs.”
It is still not clear whether written notice of the violation was issued or how the violation was communicated to the PAC. When Bower was asked whether the PAC had received written notification of the violation, she vaguely responded “Yes, the PAC is aware of the early placement of the signs. “ In response to Council Member Zinkin’s inquiry on behalf of a constituent, Interim Town Manager Daniel Sharp responded ”On the morning of June 30, 2016, Town Staff was informed by the Political Action Committee (PAC), Triple E, that it may have made an error in posting political signs one day too early.”
The 60 day requirement was established to give all Candidates and Committees the opportunity to secure prominent, safe and visible campaign sign locations during an election. Residents speculate that Cox knew exactly how to “game the system” to secure the best sign locations. Further, due to his relationship with Town officials, he was confident that the Town would not take any action because of the timing issue. This is potentially precedent setting because any candidate or PAC can now “jump the gun” on sign placement knowing the Town has no obligation to remove the signs.
Early installation of the 32 square foot signs guaranteed Triple E PAC the most prominent locations within the town and made it difficult for other candidates to place their signs with visibility and without blocking the PAC’s signs at the same site.
Cox, who was defeated in two earlier election bids for Town Council, is known to be a friend of Oro Valley Mayor Satish Hiremath, Council members Hornat, Snider and Waters together with the well financed development community. His support of the “chosen” challenger candidates comes as no surprise to residents.
Triple E PAC was formed in January 2015 to “inform” residents about the failed referendum effort that would have allowed citizens to vote on the purchase of the El Conquistador Country Club, Golf & Tennis facilities. The focus shifted in support of the recalled Mayor and council members recalled during the Recall election and was partially funded by Council members Waters and Hornat. The Golf Courses lost nearly $2.4 Million in the first year of operation. The Overlook Restaurant also lost over $200,000 in its first year of operation and recently accepted the resignation of its head Chef.