Bill Text: AZ HB2785 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Primary; identification; canvass; recounts; ballots
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-02-09 - Chapter 1 [HB2785 Detail]
Download: Arizona-2024-HB2785-Introduced.html
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REFERENCE TITLE: primary; identification; canvass; recounts; ballots |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2785 |
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Introduced by Representative Kolodin
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An Act
amending sections 15-801, 16-201, 16-204, 16-206, 16-322, 16-341, 16-411, 16-412, 16-461, 16-510, 16-542, 16-547 and 16-550, Arizona Revised Statutes; amending title 16, chapter 4, article 8, Arizona Revised Statutes, by adding section 16-550.01; amending sections 16-551, 16-552, 16-579, 16-584, 16-622, 16-642, 16-645, 16-646, 16-648, 16-662, 16-663, 16-664, 16-804 and 16-821, Arizona Revised Statutes; appropriating monies; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-801, Arizona Revised Statutes, is amended to read:
15-801. Holidays
A. When July 4, Veterans' Day, December 25 or Thanksgiving Day occurs within the school week, the schools shall be closed and the compensation of the teachers shall not be diminished on that account. School district governing boards may declare a recess during the Christmas holiday season of not to exceed two school weeks, and teachers shall receive compensation during the recess.
B. Beginning in 2026, on every regular primary and general election day as prescribed by sections 16-201 and 16-211, HIGH SCHOOLS that are operated by a school district shall be closed, except that teachers and staff shall receive or conduct in-service training or development activities on those election days. Teachers and staff may not use personal, vacation or other leave time on those election days but shall receive compensation. This subsection does not prohibit a school district from providing an employee time off to vote pursuant to section 16-402.
Sec. 2. Section 16-201, Arizona Revised Statutes, is amended to read:
16-201. Primary elections
Through 2025, 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. Beginning in 2026, A primary election shall be held on the Second Tuesday in May in any year in which a general election or special election is held and at which candidates for public office are to be elected.
Sec. 3. Section 16-204, Arizona Revised Statutes, is amended to read:
16-204. Declaration of statewide concern; consolidated election dates; definition
A. The legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary.
B. For elections held before 2014 and notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an election held for or on behalf of a county, city or town, a school district, a community college district or special districts organized pursuant to title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following dates:
1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections, including recall elections and special elections to fill vacancies, shall be held on:
(a) The second Tuesday in March.
(b) The third Tuesday in May.
(c) The tenth Tuesday before the first Tuesday after the first Monday in November.
(d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.
2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on:
(a) The tenth Tuesday before the first Tuesday after the first Monday in November.
(b) The first Tuesday after the first Monday in November.
C. For elections held before 2014, for any city or town, including a charter city, that holds its regularly scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2 of this section, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election.
D. Subsections B and C of this section do not apply to an election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII, section 2 or 3 or article XII, section 5, Constitution of Arizona.
E. Beginning with elections held in 2014 and later and notwithstanding any other law or any charter or ordinance to the contrary, a candidate election held for or on behalf of any political subdivision of this state other than a special election to fill a vacancy or a recall election may only be held on the following dates and only in even-numbered years:
1. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November. Beginning in 2020 and later and through 2025, the election shall be held on the first Tuesday in August. Beginning in 2026, the election shall be held on the second Tuesday in May. If the political subdivision holds a primary or first election and a general or runoff election is either required or optional for that political subdivision, the first election shall be held on this date, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term.
2. The first Tuesday after the first Monday in November. If the political subdivision holds a general election or a runoff election, the second election held shall be held on this date. If the political subdivision holds only a single election and no preliminary or primary or other election is ever held for the purpose of reducing the number of candidates, or receiving a partisan nomination or designation or for any other purpose for that political subdivision, the single election shall be held on this date.
F. Beginning with elections held in 2014 and later that are not candidate elections, an election held for or on behalf of any political subdivision of this state, and including a special election to fill a vacancy or a recall election, may only be held on the following dates:
1. The second Tuesday in March.
2. The third Tuesday in May. Beginning in 2026, an election may not be held on this date.
3. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November. Beginning in 2020 and later and through 2025, the election shall be held on the first Tuesday in August. Beginning in 2026, the election shall be held on the second Tuesday in May.
4. The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48. Notwithstanding any other law, an election must be held on the date specified in this paragraph and only in even-numbered years for the approval of or authorizing the assessment of transaction privilege taxes by a county, city or town.
G. Notwithstanding any other law, for an election administered by a county recorder or other officer in charge of elections on behalf of a city, town or school district and that is an all mail ballot election for that city, town or school district, the county recorder or other officer in charge of elections may use a unified ballot format that combines all of the issues applicable to the voters in the city, town or school district requesting the all mail ballot election.
H. For the purposes of this section, "political subdivision" means any governmental entity operating under the authority of this state and governed by an elected body, including a city, town, county, school district or community college district or any other district organized under state law but not including a special taxing district.
Sec. 4. Section 16-206, Arizona Revised Statutes, is amended to read:
16-206. Election day
A. Through 2025, the biennial primary election day on the first Tuesday in August in the year the general election is held and the biennial general election day on the first Tuesday after the first Monday in November of every even-numbered year are not legal holidays.
B. Beginning in 2026, the BIENNIAL primary election day on the second Tuesday in May in the year the general election is held and the biennial general election day on the first Tuesday after the first Monday in November of every even-numbered year are not legal holidays.
B. C. Every public officer or employee is entitled to absence from service or employment for the purpose of voting pursuant to section 16-402 on the biennial primary and general election days.
Sec. 5. Section 16-322, Arizona Revised Statutes, is amended to read:
16-322. Number of signatures required on nomination petitions
A. Nomination petitions shall be signed by a number of qualified signers equal to:
1. If for a candidate for the office of United States senator or for a state office, excepting members of the legislature and superior court judges, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the this state.
2. If for a candidate for the office of representative in Congress, at least one-half of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected except that if for a candidate for a special election to fill a vacancy in the office of representative in Congress, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected.
3. If for a candidate for the office of member of the legislature, at least one-half of one percent but not more than three percent of the total number of qualified signers in the district from which the member of the legislature may be elected.
4. If for a candidate for a county office or superior court judge, at least one percent but not more than ten percent of the total number of qualified signers in the county or district, except that if for a candidate from a county with a population of two hundred thousand persons or more, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the county or district.
5. If for a candidate for a community college district, at least one-quarter of one percent but not more than ten percent of the total voter registration in the precinct as established pursuant to section 15-1441. Notwithstanding the total voter registration in the community college district, the maximum number of signatures required by this paragraph is one thousand.
6. If for a candidate for county precinct committeeman, at least two percent but not more than ten percent of the party voter registration in the precinct or ten signatures, whichever is less.
7. If for a candidate for justice of the peace or constable, at least one percent but not more than ten percent of the number of qualified signers in the precinct.
8. If for a candidate for mayor or other office nominated by a city at large, at least five percent and not more than ten percent of the designated party vote in the city, except that a city that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be one thousand signatures or five percent of the vote in the city, whichever is less, but not more than ten percent of the vote in the city.
9. If for an office nominated by ward, precinct or other district of a city, at least five percent and not more than ten percent of the designated party vote in the ward, precinct or other district, except that a city that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be two hundred fifty signatures or five percent of the vote in the district, whichever is less, but not more than ten percent of the vote in the district.
10. If for a candidate for an office nominated by a town at large, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five percent and not more than ten percent of the vote in the town, except that a town that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be one thousand signatures or five percent of the vote in the town, whichever is less, but not more than ten percent of the vote in the town.
11. If for a candidate for a governing board of a school district or a career technical education district, at least one-half of one percent of the total voter registration in the school district or career technical education district if the board members are elected at large or one percent of the total voter registration in the single member district if governing board members are elected from single member districts or one-half of one percent of the total voter registration in the single member district if career technical education district board members are elected from single member districts. Notwithstanding the total voter registration in the school district, career technical education district or single member district of the school district or career technical education district, the maximum number of signatures required by this paragraph is four hundred.
12. If for a candidate for a governing body of a special district as described in title 48, at least one-half of one percent of the vote in the special district but not more than two hundred fifty and not fewer than five signatures.
B. The basis of percentage in each instance referred to in subsection A of this section, except in cities, towns and school districts, shall be the number of qualified signers as determined from the voter registration totals as reported pursuant to section 16-168, subsection G H on January 2 October 1 of the year in which before the general election is held. In cities, the basis of percentage shall be the vote of the party for mayor at the last preceding election at which a mayor was elected. In towns, the basis of percentage shall be the highest vote cast for an elected official of the town at the last preceding election at which an official of the town was elected. In school districts or career technical education districts, the basis of percentage shall be the total number of active registered voters in the school district or career technical education district or single member district, whichever applies. The total number of active registered voters for school districts or career technical education districts shall be calculated using the periodic reports prepared by the county recorder pursuant to section 16-168, subsection G H. The count that is reported on January 2 October 1 of the year in which before the general election is held shall be the basis for the calculation of total voter registration for school districts or career technical education districts.
C. In primary elections the signature requirement for party nominees, other than nominees of the parties entitled to continued representation pursuant to section 16-804, is at least one-tenth of one percent of the total vote for the winning candidate or candidates for governor or presidential electors at the last general election within the district. Signatures must be obtained from qualified electors who are qualified to vote for the candidate whose nomination petition they are signing.
D. If new boundaries for congressional districts or legislative districts are established and effective subsequent to January 2 october 1 of the year of before a general election and before the first date for filing of nomination petitions, the basis for determining the required number of nomination petition signatures is the number of qualified signers in the elective office or district that was effective on January 2 October 1 of the year of before a general election. If new boundaries for supervisorial districts, justice precincts or election precincts are adopted after January 2 october 1 of the year of before a general election and before the last date for filing of nomination petitions for the elective office, district or precinct, the basis for determining the required number of nomination petition signatures is the number of qualified signers in the elective office, district or precinct on the effective date of the new district or precinct.
Sec. 6. Section 16-341, Arizona Revised Statutes, is amended to read:
16-341. Nomination petition; method and time of filing; form; qualifications and number of petitioners required; statement of interest
A. Any qualified elector who is not a registered member of a political party that is recognized pursuant to this title may be nominated as a candidate for public office otherwise than by primary election or by party committee pursuant to this section.
B. This article shall not be used to place on the general election ballot the name of a political party that fails to meet the qualifications specified in section 16-802 or 16-804, or the name of any candidate representing such party or the name of a candidate who has filed a nomination petition in the immediately preceding primary election and has failed to qualify as the result of an insufficient number of valid signatures.
C. A nomination petition stating the name of the office to be filled, the name and residence of the candidate, or, if the candidate does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for a district, precinct or municipal office, and other information required by this section shall be filed with the same officer with whom primary nomination papers and petitions are required to be filed as prescribed in section 16-311. Except for candidates for the office of presidential elector filed pursuant to this section, the petition shall be filed not less than one hundred twenty days nor more than one hundred fifty days before the primary election. The petition shall be signed only by voters who have not signed the nomination petitions of a candidate for the office to be voted for at that primary election.
D. The nomination petition shall be in substantially the following form, except that if the candidate does not have an actual residence address, the candidate may use a description of place of residence and post office address, or, if the candidate's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for a district, precinct or municipal office, is sufficient:
The undersigned, qualified electors of __________ county, state of Arizona, do hereby nominate __________, who resides at __________ in the county of __________, as a candidate for the office of _______ at the general (or special, as the case may be) election to be held on the ________ day of _________, _____.
I hereby declare that I have not signed the nomination petitions of any candidate for the office to be voted for at this primary election, and I do hereby select the following designation under which name the said candidate shall be placed on the official ballot (here insert such designation not exceeding three words in length as the signers may select).
E. The nomination petition shall conform as nearly as possible to the provisions relating to nomination petitions of candidates to be voted for at primary elections and shall be signed by at least the number of persons who are registered to vote determined by calculating three percent of the persons who are registered to vote of the state, county, subdivision or district for which the candidate is nominated who are not members of a political party that is qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot.
F. The percentage of persons who are registered to vote necessary to sign the nomination petition shall be determined by the total number of registered voters from other than political parties that are qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot in the state, county, subdivision or district on January 2 october 1 of the year in which before the general election is held. Notwithstanding the method prescribed by subsection E of this section and this subsection for calculating the minimum number of signatures necessary, any person who is registered to vote in the state, county, subdivision or district for which the candidate is nominated is eligible to sign the nomination petition without regard to the signer's party affiliation.
G. A nomination petition for any candidate may be circulated by a person who is not a resident of this state but who is otherwise eligible to register to vote in this state if that person registers as a circulator with the secretary of state before circulating petitions. The nomination petition for the office of presidential elector shall include a group of names of candidates equal to the number of United States senators and representatives in Congress from this state instead of separate nomination petitions for each candidate for the office of presidential elector. A valid signature on a petition containing a group of presidential electors candidates is counted as a signature for the nomination of each of the candidates. The presidential candidate whom the candidates for presidential elector will represent shall designate in writing to the secretary of state the names of the candidates who will represent the presidential candidate before any signatures for the candidate can be accepted for filing. A nomination petition for the office of presidential elector shall be filed not less than eighty nor more than one hundred days before the general election. The petition shall be signed only by qualified electors who have not signed the nomination petitions of a candidate for the office of presidential elector to be voted for at that election.
H. The secretary of state shall require in the instructions and procedures manual issued pursuant to section 16-452 that persons who circulate nomination petitions pursuant to this section and who are not residents of this state but who are otherwise eligible to register to vote in this state shall register as circulators with the office of the secretary of state before circulating petitions. The secretary of state shall provide for a method of receiving service of process for those petition circulators who are registered.
1. Candidates for elected office for special taxing districts that are established pursuant to title 48.
2. Candidates for precinct committeeman.
3. Candidates for president or vice president of the United States.
J. A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice presidential running mate, the names of the presidential electors who will represent that candidate and a statement that is signed by the vice presidential running mate and the designated presidential electors and that indicates their consent to be designated. A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper. The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.
K. A candidate who does not file a timely nomination petition that complies with this section is not eligible to have the candidate's name printed on the official ballot for that office. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided all of the following:
1. The financial disclosure statement as prescribed for candidates for that office.
2. The declaration of qualification and eligibility as prescribed in section 16-311.
L. Not later than sixty days before the date of the general election, a candidate for governor who files a nomination petition pursuant to this section shall submit to the secretary of state the name of the person who will be the joint candidate for lieutenant governor with that gubernatorial candidate and whose name will appear on the general election ballot jointly with the candidate for governor.
M. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.
N. The secretary of state may authorize for statewide and legislative offices the creation, use and submission of petitions prescribed by this section in electronic form if those petitions provide for an appropriate method to verify signatures of petition circulators and signers. The secretary of state may require use of a unique marking system for petition pages, including a bar code, a quick response code or another similar marking system.
Sec. 7. Section 16-411, Arizona Revised Statutes, is amended to read:
16-411. Designation of election precincts and polling places; voting centers; electioneering; wait times
A. The board of supervisors of each county, on or before October July 1 of each year preceding the year of a general election, by an order, shall establish a convenient number of election precincts in the county and define the boundaries of the precincts as follows:
1. The election precinct boundaries shall be established so as to be included within election districts prescribed by law for elected officers of the state and its political subdivisions, including community college district precincts, except those elected officers provided for in titles 30 and 48.
2. If after October July 1 of the year preceding the year of a general election the board of supervisors must further adjust precinct boundaries due to the redistricting of election districts as prescribed by law and to comply with this subsection, the board of supervisors shall adjust these precinct boundaries as soon as is practicable.
B. At least twenty days before a general or primary election, and at least ten days before a special election, the board shall designate one polling place within each precinct where the election shall be held, except that:
1. On a specific finding of the board, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for that precinct may be designated within an adjacent precinct.
2. Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48. The officer in charge of elections may also split a precinct for administrative purposes. The polling places shall be listed in separate sections of the order or resolution.
3. On a specific finding of the board that the number of persons who are listed as early voters pursuant to section 16-544 and who are not expected to have their ballots tabulated at the polling place as prescribed in section 16-579.02 is likely to substantially reduce the number of voters appearing at one or more specific polling places at that election, adjacent precincts may be consolidated by combining polling places and precinct boards for that election. The board of supervisors shall ensure that a reasonable and adequate number of polling places will be designated for that election. Any consolidated polling places shall be listed in separate sections of the order or resolution of the board.
4. On a specific resolution of the board, the board may authorize the use of voting centers in place of or in addition to specifically designated polling places. A voting center shall allow any voter in that county to receive the appropriate ballot for that voter on election day after presenting identification as prescribed in section 16-579 and to lawfully cast the ballot. Voting centers may be established in coordination and consultation with the county recorder, at other county offices or at other locations in the county deemed appropriate.
5. On a specific resolution of the board of supervisors that is limited to a specific election date and that is voted on by a recorded vote, the board may authorize the county recorder or other officer in charge of elections to use emergency voting centers as follows:
(a) The board shall specify in the resolution the location and the hours of operation of the emergency voting centers.
(b) A qualified elector voting at an emergency voting center shall provide identification as prescribed in section 16-579, except that notwithstanding section 16-579, subsection A, paragraph 2, for any voting at an emergency voting center, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.
(c) If an emergency voting center established pursuant to this section becomes unavailable and there is not sufficient time for the board of supervisors to convene to approve an alternate location for that emergency voting center, the county recorder or other officer in charge of elections may make changes to the approved emergency voting center location and shall notify the public and the board of supervisors regarding that change as soon as practicable. The alternate emergency voting center shall be as close in proximity to the approved emergency voting center location as possible.
C. If the board fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peace in the precinct, two days before the election, by an order, copies of which the justice of the peace shall immediately post in three public places in the precinct, shall designate the place within the precinct for holding the election. If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election board of the precinct shall designate and give notice of the place within the precinct of holding the election. For any election in which there are no candidates for elected office appearing on the ballot, the board may consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply:
1. All affected voters are notified by mail of the change at least thirty-three days before the election.
2. Notice of the change in polling places includes notice of the new voting location, notice of the hours for voting on election day and notice of the telephone number to call for voter assistance.
3. All affected voters receive information on early voting that includes the application used to request an early voting ballot.
D. The board is not required to designate a polling place for special district mail ballot elections held pursuant to article 8.1 of this chapter, but the board may designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the day of the election.
E. Except as provided in subsection F of this section and through 2025, a public school shall provide sufficient space for use as a polling place for any city, county or state election when requested by the officer in charge of elections.
F. Through 2025, the principal of the school may deny a request to provide space for use as a polling place for any city, county or state election if, within two weeks after a request has been made, the principal provides a written statement indicating a reason the election cannot be held in the school, including any of the following:
1. Space is not available at the school.
2. The safety or welfare of the children would be jeopardized.
G. Beginning in 2026, a high school that is operated by a school district and a school district office shall provide sufficient space for use as a polling place for any city, county or state election when requested by the officer in charge of elections.
G. H. The board shall make available to the public as a public record a list of the polling places for all precincts in which the election is to be held.
H. I. Except in the case of an emergency, any facility that is used as a polling place on election day or that is used as an early voting site during the period of early voting shall allow persons to electioneer and engage in other political activity outside of the seventy-five foot limit prescribed by section 16-515 in public areas and parking lots used by voters. This subsection does not allow the temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters. The county recorder or other officer in charge of elections shall post on its website at least two weeks before election day a list of those polling places in which emergency conditions prevent electioneering and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. If the polling place is not on the website list of polling places with emergency designations, electioneering and other political activity shall be allowed outside of the seventy-five foot limit. If an emergency arises after the county recorder or other officer in charge of elections' initial website posting, the county recorder or other officer in charge of elections shall update the website as soon as is practicable to include any new polling places, shall highlight the polling place location on the website and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation.
I. J. For the purposes of this section, a county recorder or other officer in charge of elections shall designate a polling place as an emergency polling place and thus prohibit persons from electioneering and engaging in other political activity outside of the seventy-five foot limit prescribed by section 16-515 but inside the property of the facility that is hosting the polling place if any of the following occurs:
1. An act of God renders a previously set polling place as unusable.
2. A county recorder or other officer in charge of elections has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation.
J. K. The secretary of state shall provide through the instructions and procedures manual adopted pursuant to section 16-452 the maximum allowable wait time for any election that is subject to section 16-204 and provide for a method to reduce voter wait time at the polls in the primary and general elections. The method shall consider at least all of the following for primary and general elections in each precinct:
1. The number of ballots voted in the prior primary and general elections.
2. The number of registered voters who voted early in the prior primary and general elections.
3. The number of registered voters and the number of registered voters who cast an early ballot for the current primary or general election.
4. The number of registered voters whose early ballots were tabulated on-site as prescribed in section 16-579.02 in the prior primary and general elections.
5. The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls.
Sec. 8. Section 16-412, Arizona Revised Statutes, is amended to read:
16-412. Effective date of new precincts
A. After establishing precincts as provided in section 16-411, the board of supervisors of each county shall deliver to the county recorder a complete description of these precincts immediately after adoption.
B. If new precinct boundaries are established as provided in section 16-411, the county recorder shall transfer all the voters who reside in a new precinct as the result of this adoption by January 2 October 1 of the year of before the next general election. The county recorder shall mail the notice of the precinct change to each household containing a registered voter, unless a sample ballot containing the precinct name or number is mailed before the primary election. For the purpose of conducting any election called pursuant to the laws of this state, precincts adopted on or before October 1 of the year preceding the year of a general election under the provisions of section 16-411 become effective not later than January 2 October 1 of the year of before the next general election.
C. If redistricting requires adjustment of precinct boundaries after October 1 of the year preceding the year of a general election, the county recorder shall transfer to the new precinct within sixty days after adoption of the new precinct boundaries all voters who reside in a new precinct as the result of the adjustment of precinct boundaries. The county recorder shall mail the notice of the precinct change to each household containing a registered voter unless a sample ballot containing the precinct name or number is mailed before the primary election. For the purpose of conducting any election called pursuant to the laws of this state, precincts adopted after October 1 of the year preceding the year of a general election become effective not later than the first date for filing of nomination petitions in the year of the next general election.
Sec. 9. Section 16-461, Arizona Revised Statutes, is amended to read:
16-461. Sample primary election ballots; submission to party chairmen for examination; preparation, printing and distribution of ballot
A. At least forty-five days before a primary election, the officer in charge of that election shall:
1. Prepare a proof of a sample ballot.
2. Submit the sample ballot proof of each party to the county chairman or in city or town primaries to the city or town chairman.
3. Mail a sample ballot proof to each candidate for whom a nomination paper and petitions have been filed.
B. Within five two calendar days after receipt of the sample ballot, the county chairman of each political party and any candidate in that election who has submitted and confirmed an email address shall suggest to the election officer any change the chairman considers should be made in the chairman's party ballot, and if on examination the election officer finds an error or omission in the ballot, the officer shall correct it. The election officer shall cause print and distribute the sample ballots to be printed and distributed as required by law, shall maintain a copy of each sample ballot and shall post a notice indicating that sample ballots are available on request. The official sample ballot shall be printed on colored paper or white paper with a different colored stripe for each party that is represented on that ballot. For voters who are not registered with a party that is entitled to continued representation on the ballot pursuant to section 16-804, the election officer may print and distribute the required sample ballots in an alternative format, including a reduced size format.
C. Not later than forty days before a primary election, the county chairman of a political party may request one sample primary election ballot of the chairman's party for each election precinct.
D. The board of supervisors shall have printed mailer-type sample ballots for a primary election and shall mail at least eleven days before the election one sample ballot of a political party to each household containing a registered voter of that political party unless that registered voter is on the active early voting list established pursuant to section 16-544. Each sample ballot shall contain the following statement: "This is a sample ballot and cannot be used as an official ballot under any circumstances". A certified claim shall be presented to the secretary of state by the board of supervisors for the actual cost of printing, labeling and postage of each sample ballot actually mailed, and the secretary of state shall direct payment of the authenticated claim from funds of the secretary of state's office.
E. For city and town elections, the governing body of a city or town may have printed mailer-type sample ballots for a primary election. If the city or town has printed such sample ballots, the city or town shall provide for the distribution of such ballots and shall bear the expense of printing and distributing of such sample ballots.
F. The return address on the mailer-type sample ballots shall not contain the name of an appointed or elected public officer nor may the name of an appointed or elected public officer be used to indicate who produced the sample ballot.
G. The great seal of the state of Arizona shall be imprinted along with the words "official voting materials" on the mailing face of each sample ballot. In county, city or town elections the seal of such jurisdiction shall be substituted for the state seal.
Sec. 10. Section 16-510, Arizona Revised Statutes, is amended to read:
16-510. Sample ballots; preparation and distribution
A. Before printing the sample ballots for the general election the board of supervisors shall send to each candidate whose name did not appear on the preceding primary election ballot and to the county chairperson of each political party a ballot proof of the sample ballot for the candidate's and chairperson's review. Within two calendar days after receipt of the sample ballot, Those candidates and the county chairperson of each political party shall suggest to the election officer any change the candidate or chairperson considers should be made to the ballot, and if on examination the election officer finds an error or omission in the ballot, the officer shall correct the error or Omission.
B. The board of supervisors shall print and distribute, for the information of voters at each polling place, a number of sample ballots as it deems necessary.
C. The board of supervisors shall have printed mailer-type sample ballots for a general election and shall mail at least eleven days before the election one such sample ballot to each household in the county containing a registered voter unless that registered voter is on the active early voting list established pursuant to section 16-544. Each sample ballot shall contain the following statement: "This is a sample ballot and cannot be used as an official ballot under any circumstances". A certified claim shall be presented to the secretary of state by the board of supervisors for the actual cost of printing, labeling and postage of each sample ballot actually mailed, and the secretary of state shall direct payment of the authenticated claim from funds of the secretary of state's office.
D. For city and town elections, the governing body of a city or town may have printed mailer-type sample ballots for a general election. If the city or town has printed such sample ballots, the city or town shall provide for the distribution of such ballots and shall bear the expense of printing and distributing such sample ballots.
E. For special district elections, the governing body of a special district may have printed mailer-type sample ballots. If the special district has printed such sample ballots, the special district shall provide for the distribution of such ballots and shall bear the expense of printing and distributing such sample ballots.
Sec. 11. Section 16-542, Arizona Revised Statutes, is amended to read:
16-542. Request for ballot; civil penalties; violation; classification
A. Within ninety-three days before any election called pursuant to the laws of this state, an elector may make a verbal or signed request to the county recorder, or other officer in charge of elections for the applicable political subdivision of this state in whose jurisdiction the elector is registered to vote, for an official early ballot. In addition to name and address, the requesting elector shall provide the date of birth and state or country of birth or other information that if compared to the voter registration information on file would confirm the identity of the elector. If the request indicates that the elector needs a primary election ballot and a general election ballot, the county recorder or other officer in charge of elections shall honor the request. For any partisan primary election, if the elector is not registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16-804, the elector shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the elector may receive and vote the ballot of only that one political party, which also shall include any nonpartisan offices and ballot questions, or the elector shall designate the ballot for nonpartisan offices and ballot questions only and the elector may receive and vote the ballot that contains only nonpartisan offices and ballot questions. The county recorder or other officer in charge of elections shall process any request for an early ballot for a municipal election pursuant to this subsection. The county recorder may establish on-site early voting locations at the recorder's office, which shall be open and available for use beginning the same day that a county begins to send out the early ballots. The county recorder may also establish any other early voting locations in the county the recorder deems necessary. Any on-site early voting location or other early voting location shall require each elector to present identification as prescribed in section 16-579 before receiving a ballot. Notwithstanding section 16-579, subsection A, paragraph 2, at any on-site early voting location or other early voting location the county recorder or other officer in charge of elections may provide for a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.
B. Notwithstanding subsection A of this section, a request for an official early ballot from an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 52 United States Code section 20310) or a voter whose information is protected pursuant to section 16-153 that is received by the county recorder or other officer in charge of elections more than ninety-three days before the election is valid. If requested by the absent uniformed services or overseas voter, or a voter whose information is protected pursuant to section 16-153, the county recorder or other officer in charge of elections shall provide to the requesting voter early ballot materials through the next regularly scheduled general election for federal office immediately following receipt of the request unless a different period of time, which does not exceed the next two regularly scheduled general elections for federal office, is designated by the voter.
C. The county recorder or other officer in charge of elections shall mail the early ballot and the envelope for its return postage prepaid to the address provided by the requesting elector within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to section 16-545, except that early ballot distribution shall not begin more than twenty-seven days before the election. If an early ballot request is received on or before the thirty-first day before the election, the early ballot shall be distributed not earlier than the twenty-seventh day before the election and not later than the twenty-fourth day before the election.
D. Only the elector may be in possession of that elector's unvoted early ballot. If a complete and correct request is made by the elector within twenty-seven days before the election, the mailing must be made within forty-eight hours after receipt of the request. Saturdays, Sundays and other legal holidays are excluded from the computation of the forty-eight hour forty-eight-hour period prescribed by this subsection. If a complete and correct request is made by an absent uniformed services voter or an overseas voter before the election, the regular early ballot shall be transmitted by mail, by fax or by other electronic format approved by the secretary of state within twenty-four hours after the early ballots are delivered pursuant to section 16-545, subsection B, excluding Sundays.
E. In order to be complete and correct and to receive an early ballot by mail, an elector's request that an early ballot be mailed to the elector's residence or temporary address must include all of the information prescribed by subsection A of this section and must be received by the county recorder or other officer in charge of elections no not later than 5:00 p.m. on the eleventh day preceding the election. An elector who appears personally no not later than 5:00 7:00 p.m. on the Friday preceding the election at an on-site early voting location that is established by the county recorder or other officer in charge of elections shall be given a ballot after presenting identification as prescribed in section 16-579 and shall be permitted allowed to vote at the on-site location. Notwithstanding section 16-579, subsection A, paragraph 2, at any on-site early voting location the county recorder or other officer in charge of elections may provide for a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452. If an elector's request to receive an early ballot is not complete and correct but complies with all other requirements of this section, the county recorder or other officer in charge of elections shall attempt to notify the elector of the deficiency of the request.
F. Unless an elector specifies that the address to which an early ballot is to be sent is a temporary address, the recorder may use the information from an early ballot request form to update voter registration records.
G. The county recorder or other officer in charge of early balloting shall provide an alphabetized list of all voters in the precinct who have requested and have been sent an early ballot to the election board of the precinct in which the voter is registered not later than the day before the election.
H. As a result of experiencing an emergency between 5:00 7:00 p.m. on the Friday preceding the election and 5:00 p.m. on the Monday preceding the election, qualified electors may request to vote in the manner prescribed by the board of supervisors of their respective county. Before voting pursuant to this subsection, an elector who experiences an emergency shall provide identification as prescribed in section 16-579 and shall sign a statement under penalty of perjury that states that the person is experiencing or experienced an emergency after 5:00 7:00 p.m. on the Friday immediately preceding the election and before 5:00 p.m. on the Monday immediately preceding the election that would prevent the person from voting at the polls. Signed statements received pursuant to this subsection are not subject to inspection pursuant to title 39, chapter 1, article 2. For the purposes of this subsection, "emergency" means any unforeseen circumstances that would prevent the elector from voting at the polls.
I. Notwithstanding section 16-579, subsection A, paragraph 2, for any voting pursuant to subsection H of this section, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.
J. A candidate, political committee or other organization may distribute early ballot request forms to voters. If the early ballot request forms include a printed address for return, the addressee shall be the political subdivision that will conduct the election. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the request.
K. All original and completed early ballot request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate, political committee or other organization or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political committee or other organization that fails to submit a completed early ballot request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed early ballot request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.
L. Except for a voter who is on the active early voting list prescribed by section 16-544, a voter who requests a onetime early ballot pursuant to this section 16-542 or for an election conducted pursuant to section 16-409 or article 8.1 of this chapter, a county recorder, city or town clerk or other election officer may not deliver or mail an early ballot to a person who has not requested an early ballot for that election. An election officer who knowingly violates this subsection is guilty of a class 5 felony.
Sec. 12. Section 16-547, Arizona Revised Statutes, is amended to read:
16-547. Ballot affidavit; form
A. The early ballot shall be accompanied by an envelope bearing on the front the name, official title and post office address of the recorder or other officer in charge of elections and on the other side a printed affidavit in substantially the following form:
I declare the following under penalty of perjury: I am a registered voter in ___________ county Arizona, I have not voted and will not vote in this election in any other county or state, I understand that knowingly voting more than once in any election is a class 5 felony and I voted the enclosed ballot and signed this affidavit personally unless noted below.
If the voter was assisted by another person in marking the ballot, complete the following:
I declare the following under penalty of perjury: At the registered voter's request I assisted the voter identified in this affidavit with marking the voter's ballot, I marked the ballot as directly instructed by the voter, I provided the assistance because the voter was physically unable to mark the ballot solely due to illness, injury or physical limitation and I understand that there is no power of attorney for voting and that the voter must be able to make the voter's selection even if the voter cannot physically mark the ballot.
Name of voter assistant: _____________________________
Address of voter assistant: __________________________
B. The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by the applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20301). Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters.
C. The officer charged by law with the duty of preparing ballots at any election shall ensure that the early ballot is sent in an envelope that states substantially the following:
If the addressee does not reside at this address, mark the unopened envelope "return to sender" and deposit it in the United States mail.
D. The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the affidavit, mark the ballot and return both in the enclosed self-addressed envelope that complies with section 16-545, . and:
1. Through 2025, the instructions shall include the following statement:
In order to be valid and counted, the ballot and mail affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county not later than 7:00 p.m. on election day. The ballot will not be counted without the voter's signature on the envelope.
(WARNING — It is a felony to offer or receive any compensation for a ballot.)
2. Beginning in 2026, the instructions shall include the following statement:
In order to be valid and counted, the ballot and mail affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county not later than 7:00 p.m. on election day. The ballot will not be counted without the voter's signature on the envelope. The ballot shall be counted if the voter has presented a valid form of identification that complies with section 16-579, subsection A, PARAGRAPH 1, Arizona Revised Statutes.
(WARNING — It is a felony to offer or receive any compensation for a ballot.)
E. The printed instructions prescribed by subsection D of this section shall also include the following information regarding section 16-1005, subsections H and I in substantially the following form:
A person may only handle or return their own ballot or the ballot of family members, household members or persons for whom they are a caregiver. It is unlawful under section 16-1005 to handle or return the ballot of any other person.
Sec. 13. Section 16-550, Arizona Revised Statutes, is amended to read:
16-550. Receipt of voter's ballot; cure period; tracking system
A. Except for early ballots tabulated as prescribed in section 16-579.02 or, beginning in 2026, received at a voting location after a voter's identification is CONFIRMED as prescribed by section 16-579, subsection A, paragraph 3, on receipt of the envelope containing the early ballot and the ballot mail affidavit, the county recorder or other officer in charge of elections shall compare the signatures thereon signature on the envelope with the signature of the elector on the elector's registration record as prescribed by section 16-550.01. If the signature is inconsistent with the elector's signature on the elector's registration record, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the voter, advise the voter of the inconsistent signature and allow the voter to correct or the county to confirm the inconsistent signature. The county recorder or other officer in charge of elections shall allow signatures to be corrected not later than the fifth business calendar day after a primary, general or special election that includes a federal office or the third business day after any other election. If the election is a primary, general or special election that includes a federal office, in addition to the county recorder's regular business hours, the county recorder's offices shall be open to allow for curing signatures during the weekend before and the weekend after the election. If the signature is missing, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the elector, advise the elector of the missing signature and allow the elector to add the elector's signature not later than 7:00 p.m. on election day. If satisfied that the signatures correspond, the recorder or other officer in charge of elections shall hold the envelope containing the early ballot and the completed mail affidavit unopened in accordance with the rules of the secretary of state. Signatures that cannot be cured or verified pursuant to this section or section 16-550.01 shall be rejected. Beginning with the first missing or mismatched signature that is identified after the period of early voting begins through the Monday immediately preceding the election, the county recorder or other officer in charge of elections shall submit daily to the two largest political parties in this state an updated list of all voters whose signatures are missing or inconsistent with the voter's signature on the voter's registration record. Beginning on the Wednesday immediately following the election through the fifth calendar day after a primary, general or special election that includes a federal office, or the third business day after the election for any other election, the county recorder or other officer in charge of elections shall submit daily to the two largest political parties in this state an updated list of all voters whose signatures are inconsistent with the voter's signature on the voter's registration record. This list of voters whose signature require curing shall include for those voters all voter information that is provided to the two major political parties as prescribed by section 16-168.
B. The recorder or other officer in charge of elections shall thereafter safely keep the mail affidavits and early ballots in the recorder's or other officer's office and may deliver them for tallying pursuant to section 16-551. Tallying
C. Processing and tabulation of individual ballots may begin immediately after the envelope and completed mail affidavit are processed pursuant to this section and delivered to the early election board and shall continue without delay until completed. Until election day, the early election board and the county recorder or other officer in charge of elections shall:
1. Not access an aggregated complete results file of early voting and vote by mail ballots that were processed and tabulated by the end of the early voting period.
2. Not produce for internal or external use an aggregated results report or associated files of complete results.
3. Only produce a partial results report or associated files if it is part of the internal preparation for the hand count pursuant to section 16-602 or for the logic and accuracy testing required pursuant to section 16-449.
4. Not PUBLICLY release complete or partial results, whether for internal or external use, until all precincts have reported or one hour after the closing of the polls on election day, whichever is earlier.
D. The county recorder or other officer in charge of elections shall post on its website within forty-eight hours AFTER THE END of ballot tabulation all system log files and other SIMILAR files from the election management system that verify compliance with subsection C of this section.
C. E. The county recorder shall send a list of all voters who were issued early ballots to the election board of the precinct in which the voter is registered.
D. F. For a county that uses early ballots, the county recorder or other officer in charge of elections shall provide an early ballot tracking system that indicates whether the voter's early ballot has been received and whether the early ballot has been verified and sent to be tabulated or rejected. The county recorder or other officer in charge of elections shall provide voters with access to the early ballot tracking system on the county's website.
E. G. This section does not apply to:
1. A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.
2. A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter.
Sec. 14. Title 16, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 16-550.01, to read:
16-550.01. Signature verification; procedures; exemption; intent; definitions
A. Except for early ballots tabulated as prescribed in section 16-579.02, on receipt of the envelope containing the early ballot and the ballot affidavit, the county recorder or other officer in charge of elections shall conduct signature verification as prescribed by this section.
B. The evaluator shall examine all the broad characteristics of the signature. If the broad characteristics of the signature on the ballot affidavit are clearly consistent with the broad characteristics of the voter's signature in the voter's registration record, the evaluator may accept the signature as valid.
C. If the evaluator finds discrepancies between the signature on the ballot affidavit and the voter's signature in the voter's registration record, the evaluator shall examine the local characteristics of the signature. If the local characteristics of the signature on the ballot affidavit are clearly consistent with the local characteristics of the voter's signature in the voter's registration record, the evaluator may accept the signature as valid.
D. If the evaluator finds a combination of broad and local characteristic differences between the signature on the ballot affidavit and the voter's signature in the voter's registration record, the evaluator shall denote the signature for a second review that shall be conducted by an evaluator using the same standards prescribed by this section.
E. Electronic signatures shall be evaluated as prescribed by this section, except that electronic signatures that use a typed font shall be rejected.
F. A ballot affidavit is exempt from the signature verification process if the ballot affidavit contains a voter's mark and is accompanied by the signature of a voter assistant.
G. The legislature intends that the illustrations of broad and local characteristics in the 2020 secretary of state's signature verification guide be used as reference.
H. For the purposes of this section:
1. "Broad characteristics" means all of the following:
(a) The type of writing.
(b) The speed of writing.
(c) Overall spacing.
(d) Overall size and proportions.
(e) Position of the signature.
(f) Spelling and punctuation.
2. "Evaluator" means the individual who is designated by the county recorder or officer in charge of elections and who conducts signature verification.
3. "Local characteristics" means all of the following:
(a) Internal spacing.
(b) The size or proportions of a letter or letter combination.
(c) Curves, loops and cross points.
(d) The presence or absence of pen lifts.
(e) Beginning and ending strokes.
4. "Signature verification" means the process of manually comparing the signature on a voter's affidavit envelope or ballot affidavit with the voter's signature in the voter's registration record.
Sec. 15. Section 16-551, Arizona Revised Statutes, is amended to read:
16-551. Early election board; violation; classification
A. The board of supervisors or the governing body of the political subdivision shall appoint one or more early election boards to serve at places to be designated by the board of supervisors or the governing body to canvass and tally early election ballots. Members of early election boards shall be selected in accordance with the provisions for selecting members of regular election boards as provided in section 16-531.
B. If an electronic voting system is in use for early voting, the early election board shall consist of at least one inspector and two judges who shall perform the processing requirements in accordance with the rules issued by the secretary of state. The inspector and judges shall be appointed in the same manner by party as provided in section 16-531.
C. All early ballots received by the county recorder or other officer in charge of elections before 7:00 p.m. on election day and, beginning in 2026, from a voter whose identification could not be confirmed at a voting location and the original mail affidavit of the voter shall be delivered to the early election boards for processing as provided in the rules of the secretary of state. The office of the county recorder or other officer in charge of elections shall remain open until 7:00 p.m. on election day for the purpose of receiving early ballots. Partial or complete tallies of the early election board shall not be released or divulged before all precincts have reported or one hour after the closing of the polls on election day, whichever occurs first. Any person who unlawfully releases information regarding vote tallies or who possesses a tally sheet or summary without authorization from the recorder or officer in charge of elections is guilty of a class 6 felony.
D. If practicable, The county recorder or other officer in charge of elections shall count the number of early ballots that are returned at voting locations on election day and shall post on its website those totals with the last unofficial results that are released on election night pursuant to section 16-622. Beginning with the day following the election, the county recorder or other officer in charge of elections shall enter into the county's ballot tracking system, if established, early ballots that were returned at the voting location on election day.
E. The necessary printed blanks for poll lists, tally lists, lists of voters, ballots, oaths and returns, together with envelopes in which to enclose the returns, shall be furnished by the board of supervisors or the governing body of the political subdivision to the early election board for each election precinct at the expense of the county or the political subdivision.
Sec. 16. Section 16-552, Arizona Revised Statutes, is amended to read:
16-552. Early ballots; processing; challenges
A. In a jurisdiction that uses optical scan ballots, the officer in charge of elections may use the procedure prescribed by this section or may request approval from the secretary of state for a different method for processing early ballots. The request shall be made in writing at least ninety days before the election for which the procedure is intended to be used. After the election official has confirmed with the secretary of state that all election equipment passes the logic and accuracy test, the election official may begin to count early ballots. No early ballot results may be released except as prescribed by section 16-551.
B. The early election board shall check the voter's mail affidavit on the envelope containing the early ballot. If it is found to be sufficient, the vote shall be allowed. If the mail affidavit is insufficient, the vote shall not be allowed. Beginning in 2026, for an early ballot that is received and verified as prescribed by section 16-579, subsection A, paragraph 3, additional signature verification is not required.
C. The county chairman of each political party represented on the ballot, by written appointment addressed to the early election board, may designate party representatives and alternates to act as early ballot challengers for the party. No party may have more than the number of such representatives or alternates that were mutually agreed on by each political party to be present at one time. If such agreement cannot be reached, the number of representatives shall be limited to one for each political party.
D. An early ballot may be challenged on any grounds set forth in section 16-591. All challenges shall be made in writing with a brief statement of the grounds before the early ballot is placed in the ballot box. A record of all challenges and resulting proceedings shall be kept in substantially the same manner as provided in section 16-594. If an early ballot is challenged, it shall be set aside and retained in the possession of the early election board or other officer in charge of early ballot processing until a time that the early election board sets for determination of the challenge, subject to the procedure in subsection E of this section, at which time the early election board shall hear the grounds for the challenge and shall decide what disposition shall be made of the early ballot by majority vote. If the early ballot is not allowed, it shall be handled pursuant to subsection G of this section.
E. Within twenty-four hours of receipt of a challenge, the early election board or other officer in charge of early ballot processing shall mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the request for an early ballot or, if none was provided, to the mailing address shown on the registration rolls. Notice shall also be mailed to the challenger at the address listed on the written challenge and provided to the county chairman of each political party represented on the ballot. The board shall meet to determine the challenge at the time specified by the notice but, in any event, not earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m. on the Monday following the election. The board shall provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge. The board may decline to permit comments, either in person or in writing, by anyone other than the voter, the challenger and the party representatives. The burden of proof is on the challenger to show why the voter should not be permitted to vote. The fact that the voter fails to appear shall not be deemed to be an admission of the validity of the challenge. The early election board or other officer in charge of early ballot processing is not required to provide the notices described in this subsection if the written challenge fails to set forth at least one of the grounds listed in section 16-591 as a basis for the challenge. In that event, the challenge will be summarily rejected at the meeting of the board. Except for election contests pursuant to section 16-672, the board's decision is final and may not be appealed.
F. If the vote is allowed, the board shall open the envelope containing the ballot in such a manner that the mail affidavit thereon is not destroyed, take out the ballot without unfolding it or permitting it to be opened or examined and show by the records of the election that the elector has voted.
G. If the vote is not allowed, the mail affidavit envelope containing the early ballot shall not be opened and the board shall mark across the face of such envelope the grounds for rejection. The mail affidavit envelope and its contents shall then be deposited with the opened mail affidavit envelopes and shall be preserved with official returns. If the voter does not enter an appearance, the board shall send the voter a notice stating whether the early ballot was disallowed and, if disallowed, providing the grounds for the determination. The notice shall be mailed by first class mail to the voter's mailing address as shown on the registration rolls within three days after the board's determination.
H. Party representatives and alternates may be appointed as provided in subsection C of this section to be present and to challenge the verification of questioned ballots pursuant to section 16-584 on any grounds permitted allowed by this section. Questioned ballots that are challenged shall be presented to the early election board for decision under the provisions of this section.
Sec. 17. Section 16-579, Arizona Revised Statutes, is amended to read:
16-579. Procedure for obtaining ballot by elector
A. Every qualified elector, before receiving a ballot, shall announce the elector's name and place of residence in a clear, audible tone of voice to the election official in charge of the signature roster or present the elector's name and residence in writing. The election official in charge of the signature roster shall comply with the following and the qualified elector shall be allowed within the voting area:
1. The elector shall present any of the following:
(a) A valid form of identification that bears the photograph, name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including an Arizona driver license, an Arizona nonoperating identification license, a tribal enrollment card or other form of tribal identification or a United States federal, state or local government issued identification. Identification is deemed valid unless it can be determined on its face that it has expired.
(b) Two different items that contain the name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including a utility bill, a bank or credit union statement that is dated within ninety days of the date of the election, a valid Arizona vehicle registration, an Arizona vehicle insurance card, an Indian census card, tribal enrollment card or other form of tribal identification, a property tax statement, a recorder's certificate, a voter registration card, a valid United States federal, state or local government issued identification or any mailing that is labeled as "official election material". Identification is deemed valid unless it can be determined on its face that it has expired.
(c) A valid form of identification that bears the photograph, name and address of the elector except that if the address on the identification does not reasonably appear to be the same as the address in the precinct register or the identification is a valid United States military identification card or a valid United States passport and does not bear an address, the identification must be accompanied by one of the items listed in subdivision (b) of this paragraph.
2. If the elector does not present identification that complies with paragraph 1 of this subsection, the elector is only eligible to vote a provisional ballot as prescribed by section 16-584 or a conditional provisional ballot as provided for in the secretary of state's instruction and procedures manual adopted pursuant to section 16-452.
3. Through 2025, if the voter surrenders the early ballot to the precinct inspector and the voter is not otherwise required to be issued a provisional ballot, the voter shall be issued a standard ballot after presenting identification pursuant to this subsection. The precinct inspector shall retain the surrendered early ballot, unopened in its affidavit envelope.
4. Beginning in 2026, aT ANY VOTING LOCATION THE VOTER MAY CHOOSE TO PROVIDE IDENTIFICATION WHEN PRESENTING THE VOTER'S MAILED EARLY BALLOT, AND IF SO THE ELECTION OFFICIAL SHALL:
(a) REQUIRE THE VOTER TO PRESENT IDENTIFICATION THAT COMPLIES WITH PARAGRAPH 1 OF THIS SUBSECTION.
(b) CONFIRM THAT THE NAME AND ADDRESS ON THE IDENTIFICATION REASONABLY APPEAR TO BE THE SAME NAME AND ADDRESS SHOWN ON THE VOTER'S REGISTRATION RECORD.
(c) PLACE THE EARLY BALLOT AND AFFIDAVIT IN THE SECURED BALLOT BOX LABELED FOR VERIFIED EARLY BALLOTS OR STAMP THE SIGNED AFFIDAVIT WITH A STAMP THAT READS ID VERIFIED. THE MAILED AFFIDAVIT ENVELOPE IS NOT REQUIRED TO BE REVIEWED AT THE VOTING LOCATION, THE VOTER'S EARLY BALLOT IS DEEMED READY FOR TABULATING AND ADDITIONAL SIGNATURE VERIFICATION OF THE COMPLETED AFFIDAVIT ENVELOPE AS PRESCRIBED BY SECTION 16-550 IS NOT REQUIRED.
(d) MAINTAIN A TALLY OF THE NUMBER OF BALLOTS THAT HAVE BEEN DEPOSITED IN THE SECURED BALLOT BOX AND SIGN AN AFFIDAVIT THAT INCLUDES THE ELECTION OFFICIAL'S NAME, THE POLLING LOCATION, THE TIME AND DATE, THE NUMBER OF EARLY BALLOTS DEPOSITED ACCORDING TO THE TALLY MAINTAINED BY THE ELECTION OFFICIAL AND A STATEMENT SUFFICIENT TO RECORD AND MAINTAIN THE CHAIN OF CUSTODY FOR THOSE BALLOTS.
B. Any qualified elector who is listed as having applied for an early ballot but who states that the elector has not voted and will not vote an early ballot for this election or surrenders the early ballot to the precinct inspector on election day shall be allowed to vote pursuant to the procedure set forth in section 16-584, except that for elections conducted using an electronic pollbook or similar system with continuous voter usage updates, the following apply:
1. If the electronic pollbook or other system indicates that the voter's early ballot has not been returned or accepted by the county recorder and the voter is not otherwise required to be issued a provisional ballot, the voter may be issued a standard ballot after presenting identification pursuant to subsection A of this section.
2. If the electronic pollbook or other system indicates that the voter's early ballot has been received or accepted by the county recorder, the voter may not be issued a standard ballot and may only be issued a provisional ballot as prescribed in section 16-584.
C. Each qualified elector's name shall be numbered consecutively by the clerks and in the order of applications for ballots. The judge shall give the qualified elector only one ballot and a ballot privacy folder, and the elector's name shall be immediately checked on the precinct register. Notwithstanding any provision of this subsection, an elector shall not be required to accept or use a ballot privacy folder.
D. For precincts in which a paper signature roster is used, each qualified elector shall sign the elector's name in the signature roster before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with red ink, and no attestation or other proof shall be necessary. The provisions of this subsection relating to signing the signature roster shall do not apply to electors casting a ballot using early voting procedures.
E. For precincts in which an electronic poll book system is used, each qualified elector shall sign the elector's name as prescribed in the instructions and procedures manual adopted by the secretary of state pursuant to section 16-452 before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with the inspector's or judge's attestation on the same signature line.
F. A person offering to vote at a special district election for which no special district register has been supplied shall sign an affidavit stating the person's address and that the person resides within the district boundaries or proposed district boundaries and swearing that the person is a qualified elector and has not already voted at the election being held.
Sec. 18. Section 16-584, Arizona Revised Statutes, is amended to read:
16-584. Qualified elector not on precinct register; recorder's certificate; verified ballot; procedure
A. A qualified elector whose name is not on the precinct register and who presents a certificate from the county recorder showing that the elector is entitled by law to vote in the precinct shall be entered on the signature roster on the blank following the last printed name and shall be given the next consecutive register number, and the qualified elector shall sign in the space provided.
B. A qualified elector whose name is not on the precinct register, on presentation of identification verifying the identity of the elector that includes the voter's given name and surname and the complete residence address that is verified by the election board to be in the precinct or on signing an affirmation that states that the elector is a registered voter in that jurisdiction and is eligible to vote in that jurisdiction, shall be allowed to vote a provisional ballot.
C. If a voter has moved to a new address within the county and has not notified the county recorder of the change of address before the date of an election, the voter shall be permitted allowed to correct the voting records for purposes of voting in future elections at the appropriate polling place for the voter's new address. The voter shall be permitted allowed to vote a provisional ballot. The voter shall present a form of identification that includes the voter's given name and surname and the voter's complete residence address. The residence address must be within the precinct in which the voter is attempting to vote, and the voter shall affirm in writing that the voter is registered in that jurisdiction and is eligible to vote in that jurisdiction.
D. On completion of the ballot, the election official shall place the ballot in a provisional ballot envelope and shall deposit the envelope in the ballot box. Within ten five calendar days after a primary, general or special election that includes an election for a federal office and within five three business days after any other election or no not later than the time at which challenged early voting ballots are resolved, the signature shall be compared to the precinct signature roster of the former precinct where the voter was registered. If the voter's name is not signed on the roster and if there is no indication that the voter voted an early ballot, the provisional ballot envelope shall be opened and the ballot shall be counted. If there is information showing the person did vote, the provisional ballot shall remain unopened and shall not be counted. When provisional ballots are confirmed for counting, the county recorder shall use the information supplied on the provisional ballot envelope to correct the address record of the voter.
E. When a voter is allowed to vote a provisional ballot, the elector's name shall be entered on a separate signature roster page at the end of the signature roster. Voters' names shall be numbered consecutively beginning with the number V-1. The elector shall sign in the space provided. The ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name or number, a sworn or attested statement of the elector that the elector resides in the precinct, is eligible to vote in the election and has not previously voted in the election, the signature of the elector and the voter registration number of the elector, if available. The ballot shall be verified for proper registration of the elector by the county recorder before being counted. The verification shall be made by the county recorder within ten calendar days after a general election that includes an election for a federal office and within five business days following any other election. Verified ballots shall be counted by depositing the ballot in the ballot box and showing on the records of the election that the elector has voted. If registration is not verified the ballot shall remain unopened and shall be retained in the same manner as voted ballots.
F. For any person who votes a provisional ballot, the county recorder or other officer in charge of elections shall provide for a method of notifying the provisional ballot voter at no cost to the voter whether the voter's ballot was verified and counted and, if not counted, the reason for not counting the ballot. The notification may be in the form of notice by mail to the voter, establishment of a toll free toll-free telephone number, internet access or other similar method to allow the voter to have access to this information. The method of notification shall provide reasonable restrictions that are designed to limit transmittal of the information only to the voter.
Sec. 19. Section 16-622, Arizona Revised Statutes, is amended to read:
16-622. Official canvass; unofficial results
A. At any time following the close of the polls, except as provided in section 16-550 and section 16-551, subsection C, unofficial returns may be released during the counting of the ballots by vote tabulating equipment, and upon on completion of the count the unofficial results shall be open to the public. The result printed by the vote tabulating equipment, to which have been added write-in and early votes, shall, when certified by the board of supervisors or other officer in charge, shall constitute the official canvass of each precinct or election district.
B. In any election for a federal office, a statewide office or a member of the legislature or in any election for a statewide ballot measure, all unofficial returns that are released during the counting of the ballots and all unofficial results that are open to the public shall when released to the public be transmitted by telephone, by telefacsimile fax or by other electronic means to the secretary of state.
Sec. 20. Section 16-642, Arizona Revised Statutes, is amended to read:
16-642. Canvass of election; postponements
A. The governing body holding an election shall meet and canvass the election not less than six days nor more than twenty days following the election as follows:
1. The governing board of a county shall meet and canvass as follows:
(a) For the primary election, the second Monday after the election.
(b) For the general election, the third Thursday after the election.
2. The secretary of state shall canvass as follows:
(a) For the primary election, the third Thursday after the election.
(b) For the general election, the third Monday after the election.
B. The governing body of a special district as defined in title 48 shall present to the board of supervisors a certified copy of the official canvass of the election at the next regularly scheduled meeting of the board of supervisors. For purposes of contesting a special district election as described in section 16-673, the canvass is not complete until the presentation to the board of supervisors is made.
C. If, at the time of the meeting of the governing body, the returns from any polling place in the election district where the polls were opened and an election held are found to be missing, the canvass shall be postponed from day to day until all the returns are received or until six postponements have been had. The subsection does not apply to the county board of supervisors' canvass of the primary and general election.
Sec. 21. Section 16-645, Arizona Revised Statutes, is amended to read:
16-645. Canvass and return of precinct vote; declaring nominee of party; certificate of nomination; write-in candidates
A. When the board of supervisors, or the governing body of a city or town, has completed its canvass of precinct returns, the person having the largest number of votes, or if more than one candidate is necessary, those candidates to the required number who have received the largest number of votes for the nomination for an office in the political party of which the person was set forth on the ballot as a candidate for the nomination, shall be declared the nominee of the party for that office and shall be given a certificate of nomination for that office by the board or governing body, which shall entitle the person to have the person's name placed on the official ballot at the ensuing election as the nominee of the party for the office. When canvassing write-in votes the apparent intent of the voter shall be taken into consideration to the extent possible and the standard prescribed for federal write-in candidates in section 16-543.02, subsection C applies.
B. The board of supervisors shall deliver the official canvass by electronic means to the secretary of state within fourteen thirteen calendar days after the primary election, and the secretary of state shall on or before the third Monday Thursday following the primary election canvass the return and issue a letter declaring nomination as provided in this section to the nominees who filed nominating petitions and papers with the secretary of state pursuant to section 16-311, subsection D. For any partisan primary election, the governing body or officer in charge of elections shall prepare and transmit to the secretary of state along with the official canvass the total by party of partisan ballots selected in that primary election by voters who registered as no party preference, as independents or as members of a political party that is not qualified for representation on the ballot.
C. A certificate of election shall not be issued to a write-in candidate for precinct committeeman or a write-in candidate for a nonpartisan office unless the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.
D. Except as provided in subsection C of this section, a letter declaring nomination shall not be issued to a write-in candidate of a party that has not qualified for continued representation on the official ballot pursuant to section 16-804 unless the candidate receives a plurality of the votes of the party for the office for which the candidate is a candidate.
E. Except as provided by subsection C of this section, a letter declaring nomination shall not be issued to a write-in candidate of a party qualified for continued representation on the official ballot unless the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.
F. A certificate of election shall not be issued to presidential electors who are pledged to a write-in candidate for president unless that candidate received the highest number of votes cast for the office of president.
Sec. 22. Section 16-646, Arizona Revised Statutes, is amended to read:
16-646. Statement, contents and mailing of official canvass
A. When the result of the canvass is determined, a statement, known and designated as the official canvass, shall be entered on the official record of the election district that shall show:
1. The number of ballots cast in each precinct and in the county.
2. The number of ballots rejected in each precinct and in the county.
3. The titles of the offices voted for and the names of the persons, together with the party designation, if any, of each person voted for to fill the offices.
4. The number of votes by precincts and county received by each candidate.
5. For each candidate race in each political subdivision prescribed by section 16-204.01, the number of ballots cast and the number of active registered voters in each political subdivision and portion of a political subdivision for which a candidate may be elected.
6. The numbers and a brief title of each proposed constitutional amendment and each initiated or referred measure voted on.
7. The number of votes by precincts and county for and against such proposed amendment or measure.
B. The certified permanent copy of the official canvass for all offices and ballot measures, except offices and ballot measures in a city or town election and nonpartisan election returns, shall be mailed immediately to the secretary of state who shall maintain and preserve it as a permanent public record.
C. The board of supervisors shall first mail with a postmark or other similar date and time indicator, then deliver electronically a copy of the official canvass for all offices and ballot measures in the primary and general elections to the secretary of state in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county election officials. The uniform format shall be designed to facilitate the computer analysis of election results for offices and ballot measures that are statewide or are common to more than one county. The electronic copy of the official canvass from the board of supervisors is sufficient for the secretary of state to conduct and issue the statewide canvass if the electronic copy includes a scan or other similar evidence that the paper official canvass was mailed before the electronic version was sent.
D. The certified permanent copy of the official canvass for all offices and ballot measures in a city or town election shall be filed with the appropriate city or town clerk, or in a special district election with the clerk of the board of supervisors, who shall maintain and preserve it as a permanent public record.
Sec. 23. Section 16-648, Arizona Revised Statutes, is amended to read:
16-648. Canvass for state offices, amendments and measures
A. On the fourth third Monday following a general election, the secretary of state, in the presence of the governor and the attorney general, shall canvass all offices for which the nominees filed nominating petitions and papers with the secretary of state pursuant to section 16-311, subsection E.
B. The secretary of state, in the presence of the governor and the chief justice of the supreme court, shall canvass all proposed constitutional amendments and initiated or referred measures, as shown by the electronic or certified copies of the official canvass received from the several counties, and forthwith certify the result to the governor.
C. If the official canvass of any county has not been received on the fourth Monday following the general election, the canvass shall be postponed from day to day, not to exceed thirty days from the date of the election, until canvasses from all counties are received.
Sec. 24. Section 16-662, Arizona Revised Statutes, is amended to read:
16-662. Certification to superior court of facts requiring recount
A. When the canvass shows county canvasses show that a recount is required, the secretary of state, within twenty-four hours after the last county canvass or the last day for county canvasses prescribed by section 16-642, whichever is earlier, shall, in the case of an office to be filled by electors of the entire state, a congressional district, a legislative district or a subdivision of the state greater than a county, initiated or referred measures or proposals to amend the constitution, certify the facts requiring the recount to the superior court in Maricopa county. In the case of an office to be filled by the electors of a county or subdivision of a county or precinct, the board of supervisors of such county or in the case of an office to be filled by the electors of a city or town, the city or town council of that city or town shall certify the facts requiring a recount to the superior court in the county in which the canvass was conducted.
B. Any candidate whose election results are within the margin for an automatic recount as prescribed by section 16-661 may submit to the filing officer for that office before the time of the postelection logic and accuracy testing a signed statement that the candidate declines to pursue a recount of the election results, in which case the secretary of state, county board of supervisors or city or town council, as appropriate, shall not certify to the superior court the facts requiring the recount and a recount shall not occur.
Sec. 25. Section 16-663, Arizona Revised Statutes, is amended to read:
16-663. Recount of votes; method
A. The superior court to which the facts requiring a recount are certified shall forthwith promptly make and enter an order requiring a recount of the votes cast for such office, measure or proposal. The recount shall be conducted in accordance with the laws pertaining to contests of elections.
B. When the court orders A court-ordered recount of votes which that were cast and tabulated on electronic voting equipment, such recount shall be pursuant to section 16-664. On completion of while the recount is being conducted, and for legislative, statewide and federal candidate races only, the county chairmen chairpersons of the political parties entitled to continued representation on the ballot or the chairman's chairperson's designee shall select at random without the use of a computer five per cent percent of the precincts for the recounted race for a hand count, and if the results of that hand count when compared to the electronic tabulation of that same race are less than the designated margins calculated pursuant to section 16-602, the recount is complete and the electronic tabulation is the official result. If the hand count results in a difference that is equal to or greater than the designated margin for that race, the procedure procedures established in section 16-602, subsections C, D, E and F applies APPLY. The hand count conducted pursuant to this section shall be conducted while the court-ordered recount is being conducted.
Sec. 26. Section 16-664, Arizona Revised Statutes, is amended to read:
16-664. Recount of votes by automatic tabulating system
A. In the event of a court-ordered recount of votes that were cast and tabulated on electronic voting equipment for a state primary, state general or state special election, the secretary of state shall order the ballots recounted on an automatic tabulating system to be furnished and programmed under the supervision of the secretary of state. In the event of a court-ordered recount for elections other than for the office of supervisor, the secretary of state may designate the county board of supervisors to perform the duties assigned to the secretary of state.
B. If the office of secretary of state is contested, the governor shall order the ballots recounted on an automatic tabulating system to be furnished and programmed under the supervision of the governor.
C. The programs to be used in the recount of votes pursuant to this section shall differ from the programs prescribed by section 16-445 and used in the initial tabulation of the votes.
D. The secretary of state shall conduct logic and accuracy testing on the automated tabulating system to be used in the recount of votes within two calendar days after the court orders a recount. In order to comply with the two-calendar-day requirement, the secretary of state may use contract staff to assist in conducting logic and accuracy testing on the automated tabulating system to be used in the recount of votes. Any contracted staff shall have expertise in system operations or voting systems. A person is not eligible to serve as contract staff for logic and accuracy testing on the automated tabulating system to be used in a recount of votes if that person has been affiliated with or received any income in the preceding five years from any person or entity that provides election equipment or services in this state. The secretary of state may request assistance from the elections assistance commission field services program staff to review logic and accuracy testing programs and results.
Sec. 27. Section 16-804, Arizona Revised Statutes, is amended to read:
16-804. Continued representation on basis of votes cast at last preceding general election or registered electors
A. A political organization that at the last preceding general election cast for governor or presidential electors or for county attorney or for mayor, whichever applies, not less than five per cent percent of the total votes cast for governor or presidential electors, in the state or in such county, city or town, is entitled to representation as a political party on the official ballot for state officers or for officers of such county or local subdivision.
B. In lieu of subsection A, a political organization is entitled to continued representation as a political party on the official ballot for state, county, city or town officers if, on October 1 of the year immediately preceding the year in which the general election for state or county officers and for city or town officers one hundred fifty-five days immediately preceding the primary election in such jurisdiction, such party has registered electors in the party equal to at least two-thirds of one percent of the total registered electors in such jurisdiction.
C. The secretary of state shall determine the political parties qualified for continued representation on the state ballot pursuant to this section by December August 1 of the appropriate year. Each county recorder shall furnish to the secretary of state such information as the secretary of state may require no not later than October 31 June 30 of the preceding year.
D. Each county recorder shall determine the political parties qualified for the county ballot pursuant to this section by December August 1 of the appropriate year.
E. Each city or town clerk of a city or town providing for partisan elections shall determine the political parties qualified for such city or town ballot pursuant to this section one hundred forty days before the primary election.
Sec. 28. Section 16-821, Arizona Revised Statutes, is amended to read:
16-821. County committee; vacancy in office of precinct committeeman
A. At the primary election the members of a political party who are entitled to representation pursuant to section 16-804 residing and who reside in each precinct shall choose one of their number as a county precinct committeeman, and the members shall choose one additional precinct committeeman for each one hundred twenty-five voters or major fraction thereof who are registered in the party in the precinct as reported pursuant to section 16-168, subsection G H on January 2 October 1 of the year in which before the general election is held. The whole number of precinct committeemen of a political party shall constitute the county committee of the party.
B. The board of supervisors upon on the recommendation of the county chairman, or the recommendation of a committee designated in the bylaws of the county committee for that purpose, shall determine when a vacancy exists in the office of precinct committeeman. If a vacancy exists, the vacancy shall be filled by the board of supervisors from a list of names submitted by the county chairman of the appropriate political party. Only a precinct committeeman elected at the primary election prior to before the date of a state or county committee organizing meeting shall be permitted allowed to vote at such meeting. The criteria used to establish when a vacancy exists in the office of precinct committeeman shall be as established in section 38-291.
Sec. 29. Primary election date 2024
Notwithstanding section 16-204, Arizona Revised Statutes, as amended by this act, and any other law, the 2024 primary election shall be held on July 30, 2024.
Sec. 30. 2024 primary election; nomination petition forms; local initiative petition forms; previous primary election date
A. A person who desires to become a candidate at the 2024 primary election, who collects signatures on a nomination petition form before the effective date of this act and who has used a petition form that includes the former primary election date of August 6, 2024 may lawfully submit those signatures for the 2024 primary election to be held on July 30, 2024. Signatures that are collected with the August 6, 2024 primary election date, that are submitted as prescribed in this subsection and that otherwise comply with the requirements provided by law are deemed to be as valid as signatures collected on a nomination petition form that complies with the newly designated primary election date of July 30, 2024 and shall not be ruled invalid due solely to the changed date of the primary election.
B. Any city, town or county initiative petition that is circulated before the effective date of this act and that is on a petition form that includes the former 2024 primary election date of August 6, 2024 may lawfully submit those petitions and signatures for the primary election to be held on July 30, 2024. Signatures that are collected with the August 6, 2024 primary election date, that are submitted as prescribed in this subsection and that otherwise comply with the requirements provided by law are deemed to be as valid as signatures collected on an initiative petition form that complies with the newly designated primary election date of July 30, 2024 and shall not be ruled invalid due solely to the changed date of the primary election.
Sec. 31. Appropriations; secretary of state; 2024 primary election; 2026 primary election; exemption
A. The sum of $1,200,000 is appropriated from the state general fund in fiscal year 2023-2024 from monies allocated to the secretary of state pursuant to the help America vote act of 2002 (P.L. 107-252; 116 Stat. 1666; 52 United States Code section 20901) to the secretary of state for distribution to counties pursuant to subsection C of this section for use in acquiring or improving electronic pollbooks.
B. The sum of $___________ is appropriated from the citizens clean elections fund established pursuant to title 16, chapter 6, article 2, Arizona Revised Statutes, in fiscal year 2023-2024 to the secretary of state for distribution to counties to spend for the following purposes:
1. $__________________ for general and uniform voter education regarding changes in election laws and procedures prescribed in this act, including the changed 2024 primary election date.
2. $__________________ for general and uniform voter education regarding changes in election laws and procedures prescribed in this acts including the changed 2026 primary election date.
C. The secretary of state shall distribute monies appropriated in subsections A and B of this section to counties on a pro rata basis that is based on the count of registered voters for each county that is reported for January 2, 2024.
D. The appropriations made in subsections A and B of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 32. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
