Bill Text: AZ HB2800 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced

Bill Title: Elections; legislative session; procedures manual

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced) 2021-02-11 - House read second time [HB2800 Detail]

Download: Arizona-2021-HB2800-Introduced.html




REFERENCE TITLE: elections; legislative session; procedures manual





State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session



HB 2800


Introduced by

Representatives Barton: Blackman, Burges, Cook, Fillmore, Griffin, Kaiser





amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding section 16-401.01; amending section 16-452, Arizona Revised Statutes; relating to elections.





Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 16-401.01, to read:

START_STATUTE16-401.01. Legislative authority; elections; legislative session

A. The legislature has plenary authority over elections and this plenary authority includes commencement of an election special session on the date of the REGULAR primary election and the regular general election.  The legislative session begins by operation of law and without a call by the governor or petition of the legislature and shall continue for at least the three days following election day.

B. During the election special session the legislature may CONDUCT hearings and receive testimony, documents and other evidence as appropriate relating to any irregularities that occur during and after the election regarding voting, tallying the votes and any other election PROCEDURES.  The legislature may vote to reject or CONFIRM the preliminary results of the election and, if confirmed, shall forward that confirmation to the county board of supervisors of the county examined by the legislature.  On rejection, the legislature shall forward its findings to the office of the attorney general for possible civil or criminal action.END_STATUTE

Sec. 2. Section 16-452, Arizona Revised Statutes, is amended to read:

START_STATUTE16-452. Rules; instructions and procedures manual; approval of manual; field check and review of systems; violation; classification

A. After consultation with each county board of supervisors or other officer in charge of elections, the secretary of state shall prescribe rules to achieve and maintain the maximum degree of correctness, impartiality, uniformity and efficiency on the procedures for early voting and voting, and of producing, distributing, collecting, counting, tabulating and storing ballots.  The secretary of state shall also adopt rules regarding fax transmittal of unvoted ballots, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens and shall adopt rules regarding internet receipt of requests for federal postcard applications prescribed by section 16-543.

B. The rules shall be prescribed in an official instructions and procedures manual to be issued not later than December 31 of each odd-numbered year immediately preceding the general election.  Before its issuance, the manual shall be approved reviewed by the governor and the attorney general and submitted for approval by a vote of the legislature.  The secretary of state shall submit the manual to the governor and the attorney general not later than October 1 of the year before each general election and shall SUBMIT the manual to the legislature on or BEFORE the second Monday in January in each even-numbered year.

C. A person who violates any rule adopted pursuant to this section is guilty of a class 2 misdemeanor.

D. The secretary of state shall provide personnel who are experts in electronic voting systems and procedures and in electronic voting system security to field check and review electronic voting systems and recommend needed statutory and procedural changes.END_STATUTE