A.R.S. § 16-549 — Arizona Code / Title 16 / Chapter 4 / Article 8 / Section 549
16-549 Special election boards; expenses; voting procedure for ill electors or electors with disabilities
Status: in_force

16-549. Special election boards; expenses; voting procedure for ill electors or electors with disabilities

A. The county recorder or other officer in charge of elections, for the purpose of making it possible for qualified electors who are ill or have a disability to vote, may appoint such number of special election boards as needed. In a partisan election, each such board shall consist of two members, one from each of the two political parties that cast the highest number of votes in the state in the last preceding general election.  The county chairman of each such party shall furnish, within sixty days before the election day, the county recorder or other officer in charge of elections with a list of names of qualified electors within the chairman's political party, and such additional lists as may be required, from which the county recorder or other officer in charge of elections shall appoint members to such special election boards. The county recorder or other officer in charge of elections may refuse for cause to appoint or may for cause remove a member of this board. A person who is a candidate for an office other than precinct committeeman is not eligible to serve on the special election board for that election.

B. Members of special election boards appointed under this section shall be reimbursed for travel expenses in the manner provided by law and shall also receive such compensation as the board of supervisors or the governing body prescribes, all of which shall be paid by the county or other political subdivision.

C. In lieu of the mailed early ballot procedure, any qualified elector who is confined as the result of a continuing illness or physical disability and is, therefore, not able to go to the polls on the day of the next election and who does not wish to vote by the mailed early ballot procedure, may make a verbal or a signed written request to the county recorder or other officer in charge of elections to have a ballot personally delivered to the elector by the special election board at the elector's place of confinement within the county or other political subdivision.  The ballot shall be delivered to the elector in person by a special election board as provided in this section. Such requests must be made by 5:00 p.m. on the second Friday before the election.

D. Qualified electors who become ill or become a person with a disability after the second Friday before the election may nevertheless request personal ballot delivery pursuant to this section, and the county recorder or other officer in charge of elections shall when possible honor such requests up to and including the last day before the election. Qualified electors who are admitted to a hospital after 5:00 p.m. on the second Friday preceding the election and before 5:00 p.m. on election day may request the county recorder or other officer in charge of elections to provide a special election board with a ballot at the elector's place of confinement. If the county recorder or other officer in charge of elections is able to accommodate the request, the voted ballot of the elector shall be sealed in an envelope and shall be processed as a provisional ballot pursuant to section 16-584.  Before receiving a ballot pursuant to this subsection, a qualified elector 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 p.m. on the second Friday 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.

E. The manner and procedure of voting shall be as provided in section 16-548, except that the marked ballot in the sealed envelope shall be handed by the elector to the special election board and shall be delivered by the board to the county recorder or other officer in charge of elections.
A.R.S. § 16-623 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 623
16-623 Copy of abstract of vote of certain counties filed with secretary of state
Status: in_force

16-623. Copy of abstract of vote of certain counties filed with secretary of state

In those counties lying within a legislative district or a congressional district made up of areas in more than one county, the board of supervisors of each such county shall file a copy, or reasonable facsimile, of the abstract of vote with the secretary of state within forty-eight hours after the closing of the polls.
A.R.S. § 16-322 — Arizona Code / Title 16 / Chapter 3 / Article 3 / Section 322
16-322 Number of signatures required on nomination petitions
Status: in_force

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 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 in a county with a population of one million persons or more, 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 justice of the peace or constable in a county with a population of less than one million persons, at least one percent but not more than ten percent of the number of qualified signers in the precinct or three hundred signatures, whichever is less.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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 H on January 2 of the year in which 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 H. The count that is reported on January 2 of the year in which 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 of the year of 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 of the year of a general election. If new boundaries for supervisorial districts, justice precincts or election precincts are adopted after January 2 of the year of 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.
A.R.S. § 16-410 — Arizona Code / Title 16 / Chapter 4 / Article 1 / Section 410
16-410 Cancellation of certain elections; appointment to office; filling vacancies
Status: in_force

16-410. Cancellation of certain elections; appointment to office; filling vacancies

A. Notwithstanding any other law, in any election that is to be held pursuant to title 15 or 48 or section 16-822, if the total of the number of persons who file a nomination petition for a candidate and the number of persons who file a nomination paper for a write-in candidate as prescribed by chapter 3, articles 2 and 3 of this title is less than or equal to the number of positions to be filled at the election for which the nomination petition or nomination paper is filed, the county board of supervisors may cancel the election no earlier than one hundred five days before the election and appoint the person or persons who filed the nomination petition or nomination paper to fill the position for the term of office for which the candidate was nominated by the qualified electors.

B. A person who is appointed pursuant to subsection A of this section is fully vested with the powers and duties of the office as if elected to that office.

C. If no nomination petitions for a candidate and no nomination papers for a write-in candidate have been filed to fill the position for which the election was being held, the position is deemed vacant and shall be filled in accordance with laws governing the filling of those vacancies.

D. Canceled elections shall not appear on any ballot, but if a withdrawal or disqualification of one or more candidates results in the cancellation of an election after the ballots have been printed, the results of any vote for that office shall not be canvassed.
A.R.S. § 16-901 — Arizona Code / Title 16 / Chapter 6 / Article 1 / Section 901
16-901 Definitions
Status: in_force

16-901. Definitions

In this chapter, unless the context otherwise requires:

1. "Advertisement" means information or materials, other than nonpaid social media messages, that are mailed, e-mailed, posted, distributed, published, displayed, delivered, broadcasted or placed in a communication medium and that are for the purpose of influencing an election.

2. "Affiliate" means any organization that controls, is controlled by or is under common control with a corporation, limited liability company or labor organization.

3. "Agent" means any person who has actual authority, either express or implied, to represent or make decisions on behalf of another person.

4. "Ballot measure expenditure" means an expenditure made by a person that expressly advocates the support or opposition of a clearly identified ballot measure.

5. "Best effort" means that a committee treasurer or treasurer's agent makes at least one written effort, including an attempt by e-mail, text message, private message through social media or other similar communication, or at least one oral effort that is documented in writing to identify the contributor of an incomplete contribution.

6. "Calendar quarter" means a period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31.

7. "Candidate" means an individual who receives contributions or makes expenditures or who gives consent to another person to receive contributions or make expenditures on behalf of that individual in connection with the candidate's nomination, election or retention for any public office.

8. "Candidate committee" includes the candidate.

9. "Clearly identified candidate" means that the name or a description, image, photograph or drawing of the candidate appears or the identity of the candidate is otherwise apparent by unambiguous reference.

10. "Committee" means a candidate committee, a political action committee or a political party.

11. "Contribution" means any money, advance, deposit or other thing of value that is made to a person for the purpose of influencing an election.  Contribution includes:

(a) A contribution that is made to retire campaign debt from a previous election cycle.

(b) Money or the fair market value of anything that is directly or indirectly provided to an elected official for the specific purpose of defraying the expense of communications with constituents.

(c) The full purchase price of any item from a committee.

(d) A loan that is made to a committee for the purpose of influencing an election, to the extent the loan remains outstanding.

12. "Control" means to possess, directly or indirectly, the power to direct or to cause the direction of the management or policies of another organization, whether through voting power, ownership, contract or otherwise.

13. "Coordinate", "coordinated" or "coordination" means the coordination of an expenditure as prescribed by section 16-922.

14. "Coordinated party expenditures" means expenditures that are made by a political party to directly pay for goods or services on behalf of its nominee.

15. "District office" means an elected office established or organized pursuant to title 15 or 48.

16. "Earmarked" means a designation, instruction or encumbrance between the transferor of a contribution and a transferee that requires the transferee to make a contribution to a clearly identified candidate.

17. "Election" means any election for any ballot measure in this state or any candidate election during a primary, general, recall, special or runoff election for any office in this state other than a federal office and a political party office prescribed by chapter 5, article 2 of this title.

18. "Election cycle" means the two-year period beginning on January 1 in the year after a statewide general election and ending on December 31 in the year of a statewide general election or, for cities and towns, the two-year period beginning on the first day of the calendar quarter after the calendar quarter in which the city's or town's second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city's or town's immediately following second, runoff or general election is scheduled, however that election is designated by the city or town.  For the purposes of a:

(a) Recall election, "election cycle" means the period between issuance of a recall petition serial number and the latest of the following:

(i) The date of the recall election that is called pursuant to section 19-209.

(ii) The date that a resignation is accepted pursuant to section 19-208.

(iii) The date that the receiving officer provides notice pursuant to section 19-208.01 that the number of signatures is insufficient.

(b) Special election, "election cycle" means the period between the date of issuance of a proclamation or order calling the special election and the last day of the calendar quarter in which the special election is held.

19. "Employee" means an individual who is entitled to compensation for labor or services performed for the individual's employer.

20. "Employer" means any person that pays compensation to and directs the labor or services of any individual in the course of employment.

21. "Enforcement officer" means the attorney general or the county, city or town attorney with authority to collect fines or issue penalties with respect to a given election pursuant to section 16-938.

22. "Entity" means a corporation, limited liability company, labor organization, partnership, trust, association, organization, joint venture, cooperative, unincorporated organization or association or other organized group that consists of more than one individual.

23. "Excess contribution" means a contribution that exceeds the applicable contribution limits for a particular election.

24. "Exclusive insurance contract" means an insurance producer's contract with an insurer that does either of the following:

(a) Prohibits the producer from soliciting insurance business for any other insurer.

(b) Requires a right of first refusal on all lines of insurance business written by the insurer and solicited by the producer.

25. "Expenditure" means any purchase, payment or other thing of value that is made by a person for the purpose of influencing an election.

26. "Family contribution" means any contribution that is provided to a candidate's committee by the parent, grandparent, aunt, uncle, child or sibling of the candidate or the candidate's spouse, including the spouse of any of the listed family members, regardless of whether the relation is established by marriage or adoption.

27. "Filing officer" means the secretary of state or the county, city or town officer in charge of elections for that jurisdiction who accepts statements and reports for those elections pursuant to section 16-928.

28. "Firewall" means a written policy that precludes one person from sharing information with another person.

29. "Identification" or "identify" means:

(a) For an individual, the individual's first and last name, residence location or street address and occupation and the name of the individual's primary employer.

(b) For any other person, the person's full name and physical location or street address.

30. "Incomplete contribution" means any contribution that is received by a committee for which the contributor's complete identification has not been obtained.

31. "Independent expenditure" means an expenditure by a person, other than a candidate committee, that complies with both of the following:

(a) Expressly advocates the election or defeat of a clearly identified candidate.

(b) Is not made in cooperation or consultation with or at the request or suggestion of the candidate or the candidate's agent.

32. "In-kind contribution" means a contribution of goods, services or anything of value that is provided without charge or at less than the usual and normal charge.

33. "Insurance producer" means a person that:

(a) Is required to be licensed to sell, solicit or negotiate insurance.

(b) Has an exclusive insurance contract with an insurer.

34. "Itemized" means that each contribution received or expenditure made is set forth separately.

35. "Labor organization" means any employee representation organization that exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.

36. "Legislative office" means the office of representative in the state house of representatives or senator in the state senate.

37. "Mega PAC status" means official recognition that a political action committee has received contributions from five hundred or more individuals in amounts of ten dollars or more in the four-year period immediately before application to the secretary of state.

38. "Nominee" means a candidate who prevails in a primary election for partisan office and includes the nominee's candidate committee.

39. "Person" means an individual or a candidate, nominee, committee, corporation, limited liability company, labor organization, partnership, trust, association, organization, joint venture, cooperative or unincorporated organization or association.

40. "Personal monies" means any of the following:

(a) Assets to which the individual or individual's spouse has either legal title or an equitable interest.

(b) Salary and other earned income from bona fide employment of the individual or individual's spouse.

(c) Dividends and proceeds from the sale of investments of the individual or individual's spouse.

(d) Bequests to the individual or individual's spouse.

(e) Income to the individual or individual's spouse from revocable trusts for which the individual or individual's spouse is a beneficiary.

(f) Gifts of a personal nature to the individual or individual's spouse that would have been given regardless of whether the individual became a candidate or accepted a contribution.

(g) The proceeds of loans obtained by the individual or individual's spouse that are secured by collateral or security provided by the individual or individual's spouse.

(h) Family contributions.

41. "Political action committee" means an entity that is required to register as a political action committee pursuant to section 16-905.

42. "Political party" means a committee that meets the requirements for recognition as a political party pursuant to chapter 5 of this title.

43. "Primary purpose" means an entity's predominant purpose.  Notwithstanding any other law or rule, an entity is not organized for the primary purpose of influencing an election if all of the following apply at the time the contribution or expenditure is made:

(a) The entity has tax exempt status under section 501(a) of the internal revenue code.

(b) Except for a religious organization, assembly or institution, the entity has properly filed a form 1023 or form 1024 with the internal revenue service or the equivalent successor form designated by the internal revenue service.

(c) The entity's tax exempt status has not been denied or revoked by the internal revenue service.

(d) The entity has properly filed a form 990 with the internal revenue service or the equivalent successor form designated by the internal revenue service in compliance with the most recent filing deadline established by internal revenue service regulations or policies.

44. "Retention" means the election process by which a superior court judge, appellate court judge or supreme court justice is retained in office as prescribed by article VI, section 38 or 40, Constitution of Arizona.

45. "Separate segregated fund" means a fund established by a corporation, limited liability company, labor organization or partnership that is required to register as a political action committee.

46. "Social media messages" means forms of communication, including internet sites for social networking or blogging, through which users create a personal profile and participate in online communities to share information, ideas and personal messages.

47. "Sponsor" means any person that establishes, administers or contributes financial support to the administration of a political action committee or that has common or overlapping membership or officers with that political action committee.

48. "Standing committee" means a political action committee or political party that is active in more than one reporting jurisdiction in this state and that files a statement of organization in a format prescribed by the secretary of state.

49. "Statewide office" means the office of governor, secretary of state, state treasurer, attorney general, superintendent of public instruction, corporation commissioner or mine inspector.

50. "Surplus monies" means those monies of a terminating committee that remain after all of the committee's expenditures have been made, all debts have been extinguished and the committee ceases accepting contributions.
A.R.S. § 16-1019 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1019
16-1019 Political signs; printed materials; tampering; violation; classification; definitions
Status: in_force

16-1019. Political signs; printed materials; tampering; violation; classification; definitions

A. It is a class 2 misdemeanor for any person to knowingly remove, alter, deface or cover any political sign of any candidate for public office or in support of or opposition to any ballot measure, question or issue or knowingly remove, alter or deface any political mailers, handouts, flyers or other printed materials of a candidate or in support of or opposition to any ballot measure, question or issue that are delivered by hand to a residence for the period commencing seventy-one days before an election and ending fifteen days after the election, except that for a sign for a candidate in a primary election who advances to the general election, the period ends fifteen days after the general election.  For a sign that supports or opposes a ballot measure, question or issue, this subsection applies only for the election at which the ballot measure, question or issue is scheduled to appear on the ballot and for the period commencing seventy-one days before that election and ending fifteen days after that election.

B. This section does not apply to the removal, alteration, defacing or covering of a political sign or other printed materials by the candidate or the authorized agent of the candidate in support of whose election the sign or materials were placed, by a person authorized by the committee in support of or opposition to a ballot measure, question or issue that provided the sign or printed materials, by the owner or authorized agent of the owner of private property on which such signs or printed materials are placed with or without permission of the owner or placed in violation of state law or county, city or town ordinance or regulation.

C. Notwithstanding any other statute, ordinance or regulation, a city, town or county of this state shall not remove, alter, deface or cover any political sign if the following conditions are met:

1. The sign is placed in a public right-of-way that is owned or controlled by that jurisdiction.

2. The sign supports or opposes a candidate for public office or it supports or opposes a ballot measure, question or issue.

3. The sign is not placed in a location that is hazardous to public safety, obstructs clear vision in the area or interferes with the requirements of the Americans with disabilities act (42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611).

4. The sign has a maximum area of sixteen square feet, if the sign is located in an area zoned for residential use, or a maximum area of thirty-two square feet if the sign is located in any other area.

5. The sign contains the name and telephone number or website address of the candidate or campaign committee contact person.

D. If the city, town or county deems that the placement of a political sign constitutes an emergency, the jurisdiction may immediately relocate the sign. The jurisdiction shall notify the candidate or campaign committee that placed the sign within twenty-four hours after the relocation. If a sign is placed in violation of subsection C of this section and the placement is not deemed to constitute an emergency, the city, town or county may notify the candidate or campaign committee that placed the sign of the violation. If the sign remains in violation at least twenty-four hours after the jurisdiction notified the candidate or campaign committee, the jurisdiction may remove the sign. The jurisdiction shall contact the candidate or campaign committee contact and shall retain the sign for at least ten business days to allow the candidate or campaign committee to retrieve the sign without penalty.

E. A city, town or county employee acting within the scope of the employee's employment is not liable for an injury caused by the failure to remove a sign pursuant to subsection D of this section unless the employee intended to cause injury or was grossly negligent.

F. Subsection C of this section does not apply to commercial tourism, commercial resort and hotel sign free zones as those zones are designated by municipalities.  The total area of those zones shall not be larger than three square miles, and each zone shall be identified as a specific contiguous area where, by resolution of the municipal governing body, the municipality has determined that based on a predominance of commercial tourism, resort and hotel uses within the zone the placement of political signs within the rights-of-way in the zone will detract from the scenic and aesthetic appeal of the area within the zone and deter its appeal to tourists. Not more than two zones may be identified within a municipality.

G. A city, town or county may prohibit the installation of a sign on any structure owned by the jurisdiction.

H. Subsection C of this section applies only during the period commencing seventy-one days before an election and ending fifteen days after the election, except that for a sign for a candidate in a primary election who advances to the general election, the period ends fifteen days after the general election.  For a sign that supports or opposes a ballot measure, question or issue, subsection C of this section applies only for the election at which the ballot measure, question or issue is scheduled to appear on the ballot and for the period commencing seventy-one days before that election and ending fifteen days after that election.

I. This section does not apply to state highways or routes, or overpasses over those state highways or routes.

J. For the purposes of this section:

1. "General election" means the general election as prescribed by section 16-211.

2. "Primary election" means an election that is held as prescribed by section 16-201.
A.R.S. § 16-558 — Arizona Code / Title 16 / Chapter 4 / Article 8.1 / Section 558
16-558 Special districts; mail ballot election option; conduct
Status: in_force

16-558. Special districts; mail ballot election option; conduct

A. Notwithstanding section 16-225, a special district as described in title 48 may conduct a mail ballot election if the governing board of the special district obtains approval from the board of supervisors of the county in which the special district or greater part of the special district is located before publishing the call of election as provided in section 16-227.

B. Except as otherwise provided in this article, special district mail ballot elections shall be conducted in accordance with the provisions of article 8 of this chapter.
A.R.S. § 16-152 — Arizona Code / Title 16 / Chapter 1 / Article 4 / Section 152
16-152 Registration form
Status: in_force

16-152. Registration form

(Caution:  1998 Prop. 105 applies)

A. The form used for the registration of electors shall contain:

1. The date the registrant signed the form.

2. The registrant's given name, middle name, if any, and surname.

3. The complete address of the registrant's actual place of residence, including street name and number, apartment or space number, city or town and zip code, or such description of the location of the residence that it can be readily ascertained or identified.

4. The registrant's complete mailing address, if different from the residence address, including post office address, city or town, zip code or other designation used by the registrant for receiving mail. The form shall also include a line for the registrant's e-mail address (optional to registrant).

5. The registrant's party preference. The two largest political parties that are entitled to continued representation on the ballot shall be listed on the form in the order determined by calculating which party has the highest number of registered voters at the close of registration for the most recent general election for governor, then the second highest. The form shall allow the registrant to circle, check or otherwise mark the party preference and shall include a blank line for other party preference options.

6. The registrant's telephone number, unless unlisted.

7. The registrant's state or country of birth.

8. The registrant's date of birth.

9. The registrant's occupation.

10. The registrant's Indian census number (optional to registrant).

11. The registrant's father's name or mother's maiden name.

12. One of the following identifiers for each registrant:

(a) The Arizona driver license number of the registrant or nonoperating identification license number of the registrant that is issued pursuant to section 28-3165.

(b) If the registrant does not have an Arizona driver license or nonoperating identification license, the last four digits of the registrant's social security number.

(c) If the registrant does not have an Arizona driver license or nonoperating identification license or a social security number and the registrant attests to that, a unique identifying number consisting of the registrant's unique identification number to be assigned by the secretary of state in the statewide electronic voter registration database.

13. A statement as to whether or not the registrant is currently registered in another state, county or precinct, and if so, the name, address, county and state of previous registration.

14. The question to the registrant "Are you a citizen of the United States of America?", appropriate boxes for the registrant to check "yes" or "no" and a statement instructing the registrant not to complete the form if the registrant checked "no".

15. The question to the registrant "Will you be eighteen years of age on or before election day?", appropriate boxes for the registrant to check "yes" or "no" and a statement instructing the registrant not to complete the form if the registrant checked "no".

16. A statement that the registrant has not been convicted of treason or a felony, or if so, that the registrant's civil rights have been restored.

17. A statement that the registrant is a resident of this state and of the county in which the registrant is registering.

18. A statement that executing a false registration is a class 6 felony.

19. The signature of the registrant.

20. If the registrant is unable to sign the form, a statement that the affidavit was completed according to the registrant's direction.

21. A statement that if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.

22. A statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.

23. A statement that the applicant shall submit evidence of United States citizenship with the application and that the registrar shall reject the application if no evidence of citizenship is attached.

24. A statement that if the registrant permanently moves to another state after registering to vote in this state, the registrant's voter registration will be canceled.

B. A duplicate voter receipt shall be provided with the form that provides space for the name, street address and city of residence of the applicant, party preference and the date of signing. The voter receipt is evidence of valid registration for the purpose of casting a provisional ballot as prescribed in section 16-584, subsection B.

C. The state voter registration form shall be printed in a form prescribed by the secretary of state.

D. The county recorder may establish procedures to verify whether a registrant has successfully petitioned the court for an injunction against harassment pursuant to section 12-1809 or an order of protection pursuant to section 13-3602 and, if verified, to protect the registrant's residence address, telephone number or voting precinct number, if appropriate, from public disclosure.

E. Subsection A of this section does not apply to registrations received from the department of transportation pursuant to section 16-112.
A.R.S. § 16-807 — Arizona Code / Title 16 / Chapter 5 / Article 1 / Section 807
16-807 Political parties trust fund
Status: in_force

16-807. Political parties trust fund

A. A political parties trust fund is established with the state treasurer as trustee and administrator. Monies in the fund consist of contributions from individuals pursuant to section 43-612 plus interest accruing to the fund.

B. Except as provided in subsections C and D of this section, on March 31, June 30, September 30 and December 31 each year the state treasurer shall distribute the monies in the fund to the state committees of political parties according to the party designated on the contribution pursuant to section 43-612.

C. Before December 31 each year the department of revenue shall determine its costs in administering the political party income tax refund checkoff under section 43-612 and this section and notify the state treasurer of that amount. The state treasurer shall deduct, for deposit in the state general fund, this amount from monies otherwise distributable to political parties as follows:

1. Costs specifically attributable to initially listing a political party on the return form shall be deducted from the amount otherwise distributable to that political party.

2. All remaining administrative costs shall be divided and deducted equally from the amounts distributable to all political parties.

D. If an amount deducted under subsection C of this section for administrative costs exceeds the amount distributable to a political party, the excess deduction shall be carried forward as a liability of that party until paid. If the political party no longer qualifies to be listed on the income tax return form, any amount remaining unpaid under this subsection shall be included in the administrative costs deducted under subsection C, paragraph 2 of this section in the first year the party is not listed.

E. Monies contributed or accruing to the fund are not state revenues for purposes of any constitutional limitation or prohibition and are not subject to lapsing under section 35-190.
A.R.S. § 16-248 — Arizona Code / Title 16 / Chapter 2 / Article 4 / Section 248
16-248 Designation of polling places
Status: in_force

16-248. Designation of polling places

A. Not less than twenty days before a presidential preference election, the board of supervisors shall designate a reasonable and adequate number of polling places where the election shall be held.

B. The number of polling places for the presidential preference election is to be determined according to the number of active registered voters as of January 1 of the year of the presidential preference election.

C. Each county with two hundred thousand or more active registered voters shall determine the number of polling places for the presidential preference election by using no more than one-half of the number of precincts as of January 1 of the year of the presidential preference election.

D. Each county with less than two hundred thousand active registered voters but ten thousand or more active registered voters shall determine the number of polling places for the presidential preference election by using no more than one polling place for every two thousand active registered voters as of January 1 of the year of the presidential preference primary.

E. Each county with less than ten thousand active registered voters shall determine the number of polling places for the presidential preference election by using no more than one polling place for every one thousand active registered voters as of January 1 of the year of the presidential preference election.

F. If it is determined by the secretary of state that compliance with state and federal regulations would be jeopardized, the secretary of state has the authority to release a county from the number of polling places prescribed by this section.

G. This section does not apply to land located on an Indian reservation.

H. In precincts that contain fewer than three hundred active registered voters, the officer in charge of elections may conduct a presidential preference election by mail.
A.R.S. § 16-609 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 609
16-609 Questioned legality of ballots; procedure
Status: in_force

16-609. Questioned legality of ballots; procedure

A. Only ballots that are provided in accordance with the provisions of law shall be counted.

B. When a question arises as to the legality of a ballot, or a part of a ballot, the action taken on the decision of the election board as to its legality, signed by the majority voting for the action, with a concise statement of the facts giving rise to the question, shall be endorsed on the ballot and signed by a majority of the board.
A.R.S. § 16-142 — Arizona Code / Title 16 / Chapter 1 / Article 3 / Section 142
16-142 Secretary of state; national voter registration act; uniformed and overseas citizens; voter fraud hotline
Status: in_force

16-142. Secretary of state; national voter registration act; uniformed and overseas citizens; voter fraud hotline

A. The secretary of state or the secretary's designee is:

1. The chief state election officer who is responsible for coordination of state responsibilities under the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77; 42 United States Code section 394) and under the uniformed and overseas citizens absentee voting act (42 United States Code section 1973).

2. Responsible for providing information on registration and absentee or early ballot procedures to absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in this state.

B. Not later than ninety days after the date of each regularly scheduled general election at which an election is held for federal office, the secretary of state shall submit a report to the election assistance commission established pursuant to the help America vote act of 2002 (P.L. 107-252) that includes information on the number of ballots transmitted to absent uniformed services voters and overseas voters and the number of ballots returned and cast in the election.  The secretary of state shall prepare the report in cooperation and in conjunction with the county recorders and county officers in charge of elections. The report shall be made available to the public.

C. The secretary of state shall provide for a toll free telephone number for the use of the public to report incidents of voter fraud.  To the extent permitted by federal law, the secretary of state may use monies received from the United States government pursuant to the help America vote act of 2002 (P.L. 107-252) to establish, staff and maintain the toll free telephone number and may also use those monies to defray the costs of any investigations arising from any reports received on the toll free telephone number.
A.R.S. § 16-111 — Arizona Code / Title 16 / Chapter 1 / Article 1.1 / Section 111
16-111 Definitions
Status: in_force

16-111. Definitions

For the purposes of this article, unless the context otherwise requires:

1. "Applicant" means a person who applies for a driver's license.

2. "Driver's license" means any class of driver's license or a nonoperating identification license issued by the motor vehicle division of the department of transportation.

3. "Driver's license examiner" means an employee of the motor vehicle division of the department of transportation who is authorized to examine applicants for driver's licenses.
A.R.S. § 16-1001 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1001
16-1001 Applicability of penal provisions
Status: in_force

16-1001. Applicability of penal provisions

The provisions of this title defining crimes involving elections and crimes against the elective franchise, and prescribing penalties therefor, apply to any general, primary or special election or to any election called by a board of supervisors for any purpose for which the board is authorized by law to call an election.
A.R.S. § 16-351.01 — Arizona Code / Title 16 / Chapter 3 / Article 6 / Section 351.01
16-351.01 Nomination challenges; expenses
Status: in_force

16-351.01. Nomination challenges; expenses

For any challenge of a candidate's nominating petition for which the county recorder or officer in charge of elections is required to conduct signature verification and to which the county recorder or officer in charge of elections is a party, the court may award to the county recorder or officer in charge of elections the reasonable expenses incurred in signature verification if the court determines that the challenge was without substantial justification or was primarily or solely for delay or harassment or that the candidate who submitted the petition knowingly or recklessly filed a substantial number of invalid signatures.
A.R.S. § 16-246 — Arizona Code / Title 16 / Chapter 2 / Article 4 / Section 246
16-246 Early balloting; satellite locations; additional procedures
Status: in_force

16-246. Early balloting; satellite locations; additional procedures

A. Within ninety-three days before the presidential preference election and not later than 5:00 p.m. on the eleventh day preceding the election, any elector who is eligible to vote in the presidential preference election may make a verbal or signed, written request for an official early ballot to the county recorder or other officer in charge of elections for the county in which the elector is registered to vote. If the request is verbal, the requesting elector shall provide the date of birth and birthplace or other information that if compared to the voter registration records for that elector would confirm the identity of the elector.

B. Absent uniformed services voters or overseas voters who are otherwise eligible to vote in the election may vote as prescribed by sections 16-543 and 16-543.02.

C. The county recorder or other officer in charge of elections may establish on-site early voting locations at the office of the county recorder or at other locations in the county deemed necessary or appropriate by the recorder. Early voting shall begin within the time limits prescribed in section 16-542 unless otherwise prescribed by this section.

D. The county recorder or other officer in charge of elections shall send by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification any early ballots that are requested pursuant to subsections A and B of this section and shall include a preaddressed envelope for the elector to return the completed ballot.

E. The county recorder or other officer in charge of elections shall provide to each election board an appropriate alphabetized list of voters who have requested and have been sent an early ballot. Any person who is on that list of voters and who was sent an early ballot shall not vote at the polling place for that election precinct except as prescribed by section 16-579, subsection B.

F. The county recorder or other officer in charge of elections may provide for any of the following in the same manner prescribed by law for other elections:

1. Special election boards.

2. Emergency balloting for persons who experience an emergency after 5:00 p.m. on the Friday preceding the presidential preference election and before 5:00 p.m. on the Monday immediately preceding the presidential preference election. Before receiving a ballot pursuant to this paragraph, a person 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 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.

G. Notwithstanding section 16-579, subsection A, paragraph 2, for emergency balloting pursuant to subsection F, paragraph 2 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.

H. Sections 16-550, 16-551 and 16-552 govern the use of early balloting for the presidential preference election.
A.R.S. § 16-101 — Arizona Code / Title 16 / Chapter 1 / Article 1 / Section 101
16-101 Qualifications of registrant; definition
Status: in_force

16-101. Qualifications of registrant; definition

A. Every resident of this state is qualified to register to vote if the resident:

1. Is a citizen of the United States and has provided satisfactory evidence of citizenship as prescribed in section 16-166.

2. Will be eighteen years of age or more on or before the date of the regular general election next following his registration.

3. Is a resident of this state twenty-nine days next preceding the election, except as provided in section 16-126.

4. Is able to write the resident's name or make the resident's mark, unless prevented from so doing by physical disability.

5. Has not been convicted of treason or a felony, unless restored to civil rights.

6. Has not been adjudicated an incapacitated person as defined in section 14-5101.

B. For the purposes of this title, "resident" means an individual who has actual physical presence in this state, or for purposes of a political subdivision actual physical presence in the political subdivision, combined with an intent to remain. A temporary absence does not result in a loss of residence if the individual has an intent to return following his absence. An individual has only one residence for purposes of this title.
A.R.S. § 16-922 — Arizona Code / Title 16 / Chapter 6 / Article 1.3 / Section 922
16-922 Independent and coordinated expenditures
Status: in_force

16-922. Independent and coordinated expenditures

A. Any person may make independent expenditures.

B. An expenditure is not an independent expenditure if either of the following applies:

1. There is actual coordination with respect to an expenditure between a candidate or candidate's agent and the person making the expenditure or that person's agent.

2. Both of the following apply:

(a) The expenditure is based on nonpublic information about a candidate's or candidate committee's plans or needs that the candidate or candidate's agent provides to the person making the expenditure or that person's agent.

(b) The candidate or candidate's agent provides the nonpublic information with an intent toward having the expenditure made.

C. In evaluating whether an expenditure is an independent expenditure, a filing officer or enforcement officer may consider the following to be rebuttable evidence of coordination:

1. Any agent of the person making the expenditure is also an agent of the candidate whose election or whose opponent's defeat is being advocated by the expenditure.

2. In the same election cycle, the person making the expenditure or that person's agent is or has been authorized to raise or spend monies on the candidate's behalf.

3. In the same election cycle, the candidate is or has been authorized to raise money or solicit contributions on behalf of the person making the expenditure.

D. Notwithstanding subsection C of this section, coordination does not exist under either of the following:

1. If the person making the expenditure maintains a firewall between the person and that person's agent in compliance with all of the following:

(a) The person's agent did not participate in deciding to make the expenditure or in deciding the content, timing or targeting of the expenditure.

(b) The person making the expenditure has a written policy establishing the firewall and its requirements.

(c) The person making the expenditure and the person's agent followed the written policy regarding the firewall.

2. Solely because an agent of a person making the expenditure serves or has served on a candidate's host committee for a fund-raising event.

E. An expenditure that is coordinated with a candidate, other than a coordinated party expenditure, is deemed an in-kind contribution to the candidate.

F. An entity that makes an independent expenditure, other than an individual or a committee, shall file independent expenditure reports pursuant to section 16-926, subsection H.
A.R.S. § 16-948 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 948
16-948 Controls on participating candidates' campaign accounts
Status: in_force

16-948. Controls on participating candidates' campaign accounts

(Caution:  1998 Prop. 105 applies)

A. A participating candidate shall conduct all financial activity through a single campaign account of the candidate's campaign committee. A participating candidate shall not make any deposits into the campaign account other than those permitted under section 16-945 or 16-946.

B. A candidate may designate other persons with authority to withdraw monies from the candidate's campaign account. The candidate and any person so designated shall sign a joint statement under oath promising to comply with the requirements of this title.

C. The candidate or a person authorized under subsection B of this section shall pay monies from a participating candidate's campaign account directly to the person providing goods or services to the campaign and shall identify, on a report filed pursuant to article 1.4 of this chapter, the full name and street address of the person and the nature of the goods and services and compensation for which payment has been made. The following payments made directly or indirectly from a participating candidate's campaign account are unlawful contributions:

1. A payment made to a private organization that is exempt under section 501(a) of the internal revenue code and that is eligible to engage in activities to influence the outcome of a candidate election.

2. A payment made directly or indirectly to a political party.

D. Notwithstanding subsection C of this section, a campaign committee may establish one or more petty cash accounts, which in aggregate shall not exceed one thousand dollars at any time. No single expenditure shall be made from a petty cash account exceeding one hundred dollars.

E. Monies in a participating candidate's campaign account shall not be used to pay fines or civil penalties, for costs or legal fees related to representation before the commission, or for defense of any enforcement action under this chapter. Nothing in this subsection shall prevent a participating candidate from having a legal defense fund.

F. A participating candidate shall not use clean elections monies to purchase goods or services that bear a distinctive trade name, trademark or trade dress item, including a logo, that is owned by a business or other entity that is owned by that participating candidate or in which the candidate has a controlling interest.  The use of goods or services that are prohibited by this subsection is deemed to be an unlawful in-kind contribution to the participating candidate.
A.R.S. § 16-942 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 942
16-942 Civil penalties and forfeiture of office
Status: in_force

16-942. Civil penalties and forfeiture of office

(Caution: 1998 Prop. 105 applies)

A. The civil penalty for a violation of any contribution or expenditure limit in section 16-941 by or on behalf of a participating candidate shall be ten times the amount by which the expenditures or contributions exceed the applicable limit.

B. In addition to any other penalties imposed by law, the civil penalty for a violation by or on behalf of any candidate of any reporting requirement imposed by this chapter shall be one hundred dollars per day for candidates for the legislature and three hundred dollars per day for candidates for statewide office. The penalty imposed by this subsection shall be doubled if the amount not reported for a particular election cycle exceeds ten percent of the adjusted primary or general election spending limit. No penalty imposed pursuant to this subsection shall exceed twice the amount of expenditures or contributions not reported. The candidate and the candidate's campaign account shall be jointly and severally responsible for any penalty imposed pursuant to this subsection.

C. Any campaign finance report filed indicating a violation of section 16-941, subsections A or B or section 16-941, subsection C, paragraph 1 involving an amount in excess of ten percent of the sum of the adjusted primary election spending limit and the adjusted general election spending limit for a particular candidate shall result in disqualification of a candidate or forfeiture of office.

D. Any participating candidate adjudged to have committed a knowing violation of section 16-941, subsection A or subsection C, paragraph 1 shall repay from the candidate's personal monies to the fund all monies expended from the candidate's campaign account and shall turn over the candidate's campaign account to the fund.

E. All civil penalties collected pursuant to this article shall be deposited into the fund.
A.R.S. § 16-671 — Arizona Code / Title 16 / Chapter 4 / Article 13 / Section 671
16-671 Contest of primary elections
Status: in_force

16-671. Contest of primary elections

Contests arising out of primary elections shall be brought and determined in the same manner, as nearly as possible, as provided by law for contests of general elections.
A.R.S. § 16-168 — Arizona Code / Title 16 / Chapter 1 / Article 5 / Section 168
16-168 Precinct registers; date of preparation; contents; copies; reports; statewide database; violation; classification
Status: in_force

16-168. Precinct registers; date of preparation; contents; copies; reports; statewide database; violation; classification

A. By the tenth day preceding the primary and general elections the county recorder shall prepare from the original registration forms or from electronic media at least four lists that are printed or typed on paper, or at least two electronic media poll lists, or any combination of both, of all qualified electors in each precinct in the county, and the lists shall be the official precinct registers.

B. The official precinct registers for use at the polling place shall contain at least the names in full, party preference, date of registration and residence address of each qualified elector in the respective precincts. The names shall be in alphabetical order and, in a column to the left of the names, shall be numbered consecutively beginning with number 1 in each precinct register.

C. For the purposes of transmitting voter registration information as prescribed by this subsection, electronic media shall be the principal media. A county or state chairman who is eligible to receive copies of precinct lists as prescribed by this subsection may request that the recorder provide a paper copy of the precinct lists. In addition to preparing the official precinct lists, the county recorder shall provide a means for electronically reproducing the precinct lists.  Unless otherwise agreed, the county recorder shall deliver one electronic media copy of each precinct list in the county without charge and on the same day within eight days after the close of registration for the primary and general elections to the county chairman and one electronic media copy to the state chairman of each party that has at least four candidates other than presidential electors appearing on the ballot in that county at the current election.  The secretary of state shall establish a single format that prescribes the manner and template in which all county recorders provide this data to the secretary of state to ensure that the submissions are uniform from all counties in this state, that all submissions are identical in format, including the level of detail for voting history, and that information may readily be combined from two or more counties. The electronic media copies of the precinct lists that are delivered to the party chairmen shall include for each elector the following information:

1. Name in full and appropriate title.

2. Party preference.

3. Date of registration.

4. Residence address.

5. Mailing address, if different from residence address.

6. Zip code.

7. Telephone number if given.

8. Birth year.

9. Occupation if given.

10. Voting history for all elections in the prior four years and any other information regarding registered voters that the county recorder or city or town clerk maintains electronically and that is public information.

11. All data relating to early voters, including ballot requests and ballot returns.

D. The names on the precinct lists shall be in alphabetical order and the precinct lists in their entirety, unless otherwise agreed, shall be delivered to each county chairman and each state chairman within ten business days of the close of each date for counting registered voters prescribed by subsection G of this section other than the primary and general election registered voter counts in the same format and media as prescribed by subsection C of this section.  During the thirty-three days immediately preceding an election and on request from a county or state chairman, the county recorder shall provide at no cost a daily list of persons who have requested an early ballot and shall provide at no cost a weekly listing of persons who have returned their early ballots. The recorder shall provide the daily and weekly information through the Friday preceding the election. On request from a county chairman or state chairman, the county recorder of a county with a population of more than eight hundred thousand persons shall provide at no cost a daily listing of persons who have returned their early ballots. The daily listing shall be provided Mondays through Fridays, beginning with the first Monday following the start of early voting and ending on the Monday before the election.

E. Precinct registers and other lists and information derived from registration forms may be used only for purposes relating to a political or political party activity, a political campaign or an election, for revising election district boundaries or for any other purpose specifically authorized by law and may not be used for a commercial purpose as defined in section 39-121.03. The sale of registers, lists and information derived from registration forms to a candidate or a registered political committee for a use specifically authorized by this subsection does not constitute use for a commercial purpose. The county recorder, the secretary of state and other officers in charge of elections, on a request for an authorized use and within thirty days from receipt of the request, shall prepare additional copies of an official precinct list and furnish them to any person requesting them on payment of a fee equal to the following amounts for the following number of voter registration records provided:

1. For one to one hundred twenty-four thousand nine hundred ninety-nine records, $93.75 plus $0.0005 per record.

2. For one hundred twenty-five thousand to two hundred forty-nine thousand nine hundred ninety-nine records, $156.25 plus $0.000375 per record.

3. For two hundred fifty thousand to four hundred ninety-nine thousand nine hundred ninety-nine records, $203.13 plus $0.00025 per record.

4. For five hundred thousand to nine hundred ninety-nine thousand nine hundred ninety-nine records, $265.63 plus $0.000125 per record.

5. For one million or more records, $328.13 plus $0.0000625 per record.

F. Any person in possession of a precinct register or list, in whole or part, or any reproduction of a precinct register or list, shall not permit the register or list to be used, bought, sold or otherwise transferred for any purpose except for uses otherwise authorized by this section. A person in possession of information derived from voter registration forms or precinct registers shall not distribute, post or otherwise provide access to any portion of that information through the internet except as authorized by subsection I of this section.  Nothing in this section shall preclude public inspection of voter registration records at the office of the county recorder for the purposes prescribed by this section, except that the month and day of birth date, the social security number or any portion thereof, the driver license number or nonoperating identification license number, the Indian census number, the father's name or mother's maiden name, the state or country of birth and the records containing a voter's signature and a voter's e-mail address shall not be accessible or reproduced by any person other than the voter, by an authorized government official in the scope of the official's duties, for any purpose by an entity designated by the secretary of state as a voter registration agency pursuant to the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77), for signature verification on petitions and candidate filings, for election purposes and for news gathering purposes by a person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station or pursuant to a court order. Notwithstanding any other law, a voter's e-mail address may not be released for any purpose.  A person who violates this subsection or subsection E of this section is guilty of a class 6 felony.

G. The county recorder shall count the registered voters by political party by precinct, legislative district and congressional district as follows:

1. In even numbered years, the county recorder shall count all persons who are registered to vote as of:

(a) January 2.

(b) April 1.

(c) The last day on which a person may register to be eligible to vote in the next primary election.

(d) The last day on which a person may register to be eligible to vote in the next general election.

(e) The last day on which a person may register to be eligible to vote in the next presidential preference election.

2. In odd numbered years, the county recorder shall count all persons who are registered to vote as of:

(a) January 2.

(b) April 1.

(c) July 1.

(d) October 1.

H. The county recorder shall report the totals to the secretary of state as soon as is practicable following each of the dates prescribed in subsection G of this section. The report shall include completed registration forms returned in accordance with section 16-134, subsection B. The county recorder shall also provide the report in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county recorders. The secretary of state shall then prepare a summary report for the state and shall maintain that report as a permanent record.

I. The county recorder and the secretary of state shall protect access to voter registration information in an auditable format and method specified in the secretary of state's electronic voting system instructions and procedures manual that is adopted pursuant to section 16-452.

J. The secretary of state shall develop and administer a statewide database of voter registration information that contains the name and registration information of every registered voter in this state. The statewide database is a matter of statewide concern and is not subject to modification or further regulation by a political subdivision. The database shall include an identifier that is unique for each individual voter. The database shall provide for access by voter registration officials and shall allow expedited entry of voter registration information after it is received by county recorders.  As a part of the statewide voter registration database, county recorders shall provide for the electronic transmittal of that information to the secretary of state on a real time basis. The secretary of state shall provide for maintenance of the database, including provisions regarding removal of ineligible voters that are consistent with the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77; 52 United States Code sections 20501 through 20511) and the help America vote act of 2002 (P.L. 107-252; 116 Stat. 1666; 52 United States Code sections 20901 through 21145), provisions regarding removal of duplicate registrations and provisions to ensure that eligible voters are not removed in error. For the purpose of maintaining compliance with the help America vote act of 2002, each county voter registration system is subject to approval by the secretary of state for compatibility with the statewide voter registration database system.

K. Except as provided in subsection L of this section, for requests for the use of registration forms and access to information as provided in subsections E and F of this section, the county recorder shall receive and respond to requests regarding federal, state and county elections.

L. Beginning January 1, 2008, recognized political parties shall request precinct lists and access to information as provided in subsections E and F of this section during the time periods prescribed in subsection C or D of this section and the county recorder shall receive and respond to those requests. If the county recorder does not provide the requested materials within the applicable time prescribed for the county recorder pursuant to subsection C or D of this section, a recognized political party may request that the secretary of state provide precinct lists and access to information as provided in subsections E and F of this section for federal, state and county elections. The secretary of state shall not provide access to precinct lists and information for recognized political parties unless the county recorder has failed or refused to provide the lists and materials as prescribed by this section.  The secretary of state may charge the county recorder a fee determined by rule for each name or record produced.

M. For municipal registration information in those municipalities in which the county administers the municipal elections, county and state party chairmen shall request and obtain voter registration information and precinct lists from the city or town clerk during the time periods prescribed in subsection C or D of this section. If the city or town clerk does not provide that information within the same time prescribed for county recorders pursuant to subsection C or D of this section, the county or state party chairman may request and obtain the information from the county recorder. The county recorder shall provide the municipal voter registration and precinct lists within the time prescribed in subsection C or D of this section.

N. The county recorders and the secretary of state shall not prohibit any person or entity prescribed in subsection C of this section from distributing a precinct list to any person or entity that is deemed to be using the precinct list in a lawful manner as prescribed in subsections E and F of this section.
A.R.S. § 16-168.01 — Arizona Code / Title 16 / Chapter 1 / Article 5 / Section 168.01
16-168.01 County contributions to the voter registration system fund; exemption
Status: in_force

16-168.01. County contributions to the voter registration system fund; exemption

The county contributions to the voter registration system fund is established consisting of monies transferred from counties to the secretary of state pursuant to an agreement between a county and the secretary of state relating to developing and administering the statewide database of voter registration information required by section 16-168.  The secretary of state shall administer the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the fund are continuously appropriated to the secretary of state to develop and administer the statewide database of voter registration information.
A.R.S. § 16-204.02 — Arizona Code / Title 16 / Chapter 2 / Article 1 / Section 204.02
16-204.02 Implementation of consolidated elections; term of office; alternative expenditure limitation
Status: in_force

16-204.02. Implementation of consolidated elections; term of office; alternative expenditure limitation

A. Notwithstanding any other law, in order to comply with the consolidation of election dates if required under section 16-204.01 or by voluntary action of the political subdivision, the terms of office for elected officials of the political subdivision shall be lengthened at the time of consolidation to align with the consolidated election dates.

B. For any political subdivision whose alternative expenditure limitation is scheduled to expire at any time after the year in which the political subdivision is required to comply with the election consolidation requirements of section 16-204.01, subsection B, or voluntarily consolidates its elections, the political subdivision's existing voter-approved alternative expenditure limitation shall continue as established before its expiration and the penalties prescribed by section 41-1279.07 do not apply if the political subdivision seeks voter approval of an alternative expenditure limitation at the next eligible regular election following consolidation.
A.R.S. § 16-611 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 611
16-611 Certain defects invalidating vote for particular office
Status: in_force

16-611. Certain defects invalidating vote for particular office

If the voter marks more names than there are persons to be elected to an office, or if from the ballot it is impossible to determine the voter's choice for an office, his ballot shall not be counted for that office.
A.R.S. § 16-574 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 574
16-574 Repair or substitution of machines; use of paper ballots
Status: in_force

16-574. Repair or substitution of machines; use of paper ballots

A. If a voting machine being used at an election becomes out of order during the election, it shall be repaired if possible or another machine substituted as promptly as possible. Such repairs to the voting machines shall be made only under the scrutiny of two elections board workers who shall be members of different political parties.

B. If repair or substitution of a machine cannot be made, paper ballots printed or written and of any suitable form may be used for taking votes, and for that purpose the sample ballots may be employed.
A.R.S. § 16-1010 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1010
16-1010 Refusal by election officer to perform duty; violation of election law; classification
Status: in_force

16-1010. Refusal by election officer to perform duty; violation of election law; classification

A person charged with performance of any duty under any law relating to elections who knowingly refuses to perform such duty, or who, in his official capacity, knowingly acts in violation of any provision of such law, is guilty of a class 6 felony unless a different punishment for such act or omission is prescribed by law.
A.R.S. § 16-444 — Arizona Code / Title 16 / Chapter 4 / Article 4 / Section 444
16-444 Definitions; applicability of general laws
Status: in_force

16-444. Definitions; applicability of general laws

A. In this article, unless the context otherwise requires:

1. "Ballot" means a paper ballot on which votes are recorded.

2. "Computer program" includes all programs and documentation adequate to process the ballots at an equivalent counting center.

3. "Counting center" means one or more locations selected by the board of supervisors for the automatic counting of ballots.

4. "Electronic voting system" means a system in which votes are recorded on a paper ballot by means of marking, and such votes are subsequently counted and tabulated by vote tabulating equipment at one or more counting centers.

5. "E-pollbook" means an electronic system in which a voter is checked in and through which a voter's signature is recorded to indicate that the voter has voted.

6. "Instructions and procedures manual" means the manual prepared for use as a guide for the conduct of elections by an approved electronic voting system, including, but not limited to, detailed instructions for the performance of each task relating to the collection of ballots and the counting of votes in a manner that will provide maximum security, efficiency and accuracy.

7. "Vote tabulating equipment" includes apparatus necessary to automatically examine and count votes as designated on ballots and tabulate the results.

8. "Voting device" means an apparatus that the voter uses to record the voter's votes by marking a paper ballot, which votes are subsequently counted by electronic tabulating equipment.

B. The provisions of all state laws relating to elections not inconsistent with this article apply to all elections where electronic tabulating devices are used. Any provision of law that conflicts with this article does not apply to the elections in which electronic tabulating devices are used.
A.R.S. § 16-341 — Arizona Code / Title 16 / Chapter 3 / Article 5 / Section 341
16-341 Nomination petition; method and time of filing; form; qualifications and number of petitioners required; statement of interest
Status: in_force

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 of the year in which 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.

I. Not later than the date of the first petition signature on a nomination petition, a person who may be a candidate for office pursuant to this section shall file a statement of interest with the appropriate filing officer for that office.  The statement of interest shall contain the name of the person, the political party, if any, and the name of the office that may be sought. Any nomination petition signatures collected before the date the statement of interest is filed are invalid and subject to challenge. This subsection does not apply to:

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.
A.R.S. § 16-166 — Arizona Code / Title 16 / Chapter 1 / Article 5 / Section 166
16-166 Verification of registration
Status: in_force

16-166. Verification of registration

(Caution:  1998 Prop. 105 applies)

A. Except for the mailing of sample ballots, a county recorder who mails an item to any elector shall send the mailing by nonforwardable first class mail marked with the statement required by the postmaster to receive an address correction notification. If the item is returned undelivered, the county recorder shall send a follow-up notice to that elector within three weeks of receipt of the returned notice. The county recorder shall send the follow-up notice to the address that appears in the general county register or to the forwarding address provided by the United States postal service. The follow-up notice shall include an appropriate internet address for revising voter registration information or a registration form and the information prescribed by section 16-131, subsection C and shall state that if the elector does not complete and return a new registration form with current information to the county recorder or make changes to the elector's voter registration information that is maintained online within thirty-five days, the elector's registration status shall be changed from active to inactive.

B. If the elector provides the county recorder with a new registration form or otherwise revises the elector's information, the county recorder shall change the general register to reflect the changes indicated on the new registration. If the elector indicates a new residence address outside that county, the county recorder shall forward the voter registration form or revised information to the county recorder of the county in which the elector's address is located.  If the elector provides a new residence address that is located outside this state, the county recorder shall cancel the elector's registration.

C. The county recorder shall maintain on the inactive voter list the names of electors who have been removed from the general register pursuant to subsection A or E of this section for a period of four years or through the date of the second general election for federal office following the date of the notice from the county recorder that is sent pursuant to subsection E of this section.

D. On notice that a government agency has changed the name of any street, route number, post office box number or other address designation, the county recorder shall revise the registration records and shall send a new verification of registration notice to the electors whose records were changed.

E. The county recorder on or before May 1 of each year preceding a state primary and general election or more frequently as the recorder deems necessary may use the change of address information supplied by the postal service through its licensees and the information provided by an electronic voter registration information center to identify registrants whose addresses may have changed. If it appears from information provided by the postal service or an electronic voter registration information center that a registrant has moved to a different residence address, the county recorder shall send the registrant a notice of the change by forwardable mail and a postage prepaid preaddressed return form or an appropriate internet address for revising voter registration information by which the registrant may verify or correct the registration information. If the registrant fails to revise the information or return the form postmarked not later than thirty-five days after the mailing of the notice, the elector's registration status shall be changed from active to inactive. If the notice sent by the recorder is not returned, the registrant may be required to provide affirmation or confirmation of the registrant's address in order to vote.  If the registrant does not vote in an election during the period after the date of the notice from the recorder through the date of the second general election for federal office following the date of that notice, the registrant's name shall be removed from the list of inactive voters. If the registrant has changed residence to a new county, the county recorder shall provide information on how the registrant can continue to be eligible to vote.

F. The county recorder shall reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship.  Satisfactory evidence of citizenship shall include any of the following:

1. The number of the applicant's driver license or nonoperating identification license issued after October 1, 1996 by the department of transportation or the equivalent governmental agency of another state within the United States if the agency indicates on the applicant's driver license or nonoperating identification license that the person has provided satisfactory proof of United States citizenship.

2. A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the county recorder.

3. A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the county recorder of the applicant's United States passport.

4. A presentation to the county recorder of the applicant's United States naturalization documents or the number of the certificate of naturalization.  If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States immigration and naturalization service by the county recorder.

5. Other documents or methods of proof that are established pursuant to the immigration reform and control act of 1986.

6. The applicant's bureau of Indian affairs card number, tribal treaty card number or tribal enrollment number.

G. Notwithstanding subsection F of this section, any person who is registered in this state on the effective date of this amendment to this section is deemed to have provided satisfactory evidence of citizenship and shall not be required to resubmit evidence of citizenship unless the person is changing voter registration from one county to another.

H. For the purposes of this section, proof of voter registration from another state or county is not satisfactory evidence of citizenship.

I. A person who modifies voter registration records with a new residence ballot shall not be required to submit evidence of citizenship.  After citizenship has been demonstrated to the county recorder, the person is not required to resubmit satisfactory evidence of citizenship in that county.

J. After a person has submitted satisfactory evidence of citizenship, the county recorder shall indicate this information in the person's permanent voter file.  After two years the county recorder may destroy all documents that were submitted as evidence of citizenship.
A.R.S. § 16-213 — Arizona Code / Title 16 / Chapter 2 / Article 2 / Section 213
16-213 Election of United States senator
Status: in_force

16-213. Election of United States senator

There shall be at each general election immediately preceding the expiration of the term of office of a United States senator from this state, an election of a United States senator.
A.R.S. § 16-448 — Arizona Code / Title 16 / Chapter 4 / Article 4 / Section 448
16-448 Write-in votes; instructions
Status: in_force

16-448. Write-in votes; instructions

Whenever ballots are to be counted by electronic data processing equipment, all write-in votes for candidates, to be counted, shall be marked by the voter in the space provided opposite the names of the write-in candidates. The instructions to voters printed on the ballots shall instruct the voter that the vote will not be counted unless the voter properly marks the ballot when writing in a candidate's name.
A.R.S. § 16-531 — Arizona Code / Title 16 / Chapter 4 / Article 7 / Section 531
16-531 Appointment of election boards; qualifications
Status: in_force

16-531. Appointment of election boards; qualifications

A. When an election is ordered, and not less than twenty days before a general or primary election, the board of supervisors shall appoint for each election precinct, voting center or other voting location one inspector, one marshal, two judges and as many clerks of election as deemed necessary. The inspector, marshal, judges and clerks shall be qualified voters of the precinct for which appointed, except if there is not a sufficient number of persons available to provide the number of appointments required, the inspector, marshal, judges and clerks shall be qualified voters of this state. The inspector, marshal and judges shall not have changed their political party affiliation or their no party preference affiliation since the last preceding general election, and if they are members of the two political parties that cast the highest number of votes in the state at the last preceding general election, they shall be divided equally between these two parties. There shall be an equal number of inspectors in the various precincts in the county who are members of the two largest political parties. In each precinct where the inspector is a member of one of the two largest political parties, the marshal in that precinct shall be a member of the other of the two largest political parties. Whenever possible, any person appointed as an inspector shall have had previous experience as an inspector, judge, marshal or clerk of elections. If there is no qualified person in a given precinct, the appointment of an inspector may be made from names provided by the county party chairman. If not less than ninety days before the election the chairman of the county committee of either of the parties designates qualified voters of the precinct, or of another precinct if there are not sufficient members of that party available in the precinct to provide the necessary representation on the election board as judge, such designated qualified voters shall be appointed. The judges, together with the inspector, shall constitute the board of elections. Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk.

B. If the election precinct consists of fewer than three hundred qualified electors, the board of supervisors may appoint not fewer than one inspector and two judges. The board of supervisors shall give notice of election precincts consisting of fewer than three hundred qualified electors to the county chairmen of the two largest political parties not later than thirty days before the election. The inspector and judges shall be appointed in the same manner by party as provided in subsection A of this section.

C. If a nonpartisan election is ordered, not less than twenty days before the election the governing board holding the election shall appoint, without consideration for political party, a minimum of three election workers for each polling place. The election workers shall consist of at least one inspector and two judges. Whenever possible, they shall be qualified electors of the precinct located within the district, without consideration for political party.

D. For election boards established pursuant to subsection B of this section, the inspector and two judges shall be appointed to provide as equal as practicable representation of members of the two largest political parties on the board in the same manner as provided for the election boards prescribed by subsection A of this section. Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk. No United States, state, county or precinct officer, nor a candidate for office at the election, other than a precinct committeeman or a candidate for the office of precinct committeeman, is qualified to act as judge, inspector, marshal or clerk.

E. If an electronic voting system is in use the write-in ballots shall be tallied by a board of elections consisting of one inspector and two judges who are appointed in the same manner by party as provided in subsection A of this section.

F. Notwithstanding any other law, the board of supervisors may appoint to an election board to serve as a clerk of election a person who is not eligible to vote if all of the following conditions are met:

1. The person is a minor who will be at least sixteen years of age at the time of the election for which the person is named to the election board.

2. The person is a citizen of the United States at the time of the election for which the person is named to the election board.

3. The person is supervised by an adult who has been trained as an elections officer.

4. The person has received training provided by the officer in charge of elections.

5. The parent or guardian of the person has provided written permission for the person to serve.

G. A school district or charter school shall not be required to reduce its average daily membership, as defined in section 15-901, for any pupil who is absent from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection F of this section.

H. A school district or charter school shall not count any pupil's absence from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection F of this section against any mandatory attendance requirements for the pupil.

I. This section does not prevent the board of supervisors or governing body from refusing for cause to reappoint, or from removing for cause, an election board member.
A.R.S. § 16-407.03 — Arizona Code / Title 16 / Chapter 4 / Article 1 / Section 407.03
16-407.03 Election deadlines; filings; violation; classification
Status: in_force

16-407.03. Election deadlines; filings; violation; classification

Except when prescribed by a court of competent jurisdiction, no officer or agent of this state, a political subdivision of this state or any other governmental entity in this state may modify or agree to modify any deadline, filing date, submittal date or other election-related date that is provided for in statute.  A person who violates this section is guilty of a class 6 felony.
A.R.S. § 16-979 — Arizona Code / Title 16 / Chapter 6.1 / Article 1 / Section 979
16-979 Legal defense; standing; legal counsel
Status: in_force

16-979. Legal defense; standing; legal counsel

(Caution:  1998 Prop. 105 applies)

A. A political action committee formed to support the voters' right to know act or any of that committee's officers may intervene as of right in any legal action brought to challenge the validity of this chapter or any of its provisions.

B. The commission has standing to defend this chapter on behalf of this state in any legal action brought to challenge the validity of this chapter or any of its provisions.

C. Notwithstanding any law, the commission has exclusive and independent authority to select legal counsel to represent the commission regarding its duties under this chapter and to defend this chapter if its validity is challenged.
A.R.S. § 16-102 — Arizona Code / Title 16 / Chapter 1 / Article 1 / Section 102
16-102 Power of attorney; prohibited use
Status: in_force

16-102. Power of attorney; prohibited use

A power of attorney or other form of proxy is not valid for use by a person in any procedure or transaction concerning elections, including voter registration, petition circulation or signature, voter registration cancellation, early ballot requests or voting another person's ballot.
A.R.S. § 16-801 — Arizona Code / Title 16 / Chapter 5 / Article 1 / Section 801
16-801 Representation of new party on ballot at primary and general elections
Status: in_force

16-801. Representation of new party on ballot at primary and general elections

A. A new political party may become eligible for recognition and shall be represented by an official party ballot at the next ensuing regular primary election and accorded a column on the official ballot at the succeeding general election on filing with the secretary of state a petition signed by a number of qualified electors equal to not less than one and one-third per cent of the total votes cast for governor at the last preceding general election at which a governor was elected.  From this number, at least five different counties shall be included as the county of registration among the required total of qualified electors and at least ten per cent of the required total of qualified electors shall be registered in counties with populations of less than five hundred thousand persons. The petition shall:

1. Be verified by the affidavit of ten qualified electors of the state, asking that the signers thereof be recognized as a new political party. The status as qualified electors of the signers of the affidavit shall be certified by the county recorder of the county in which they reside.

2. Be in substantially the form prescribed by section 16-315.

3. Be captioned "petition for political party recognition".

B. Notwithstanding any other law, on recognition as a political party that is represented by an official party ballot at the primary election and accorded a ballot column at the succeeding general election, a new political party is entitled to representation as a political party on the official ballot through the next two regularly scheduled general elections for federal office immediately following recognition of the political party.  After these two regularly scheduled general elections for federal office, the political party is ineligible for further representation on the ballot unless it qualifies for continued representation on the ballot as prescribed in section 16-804 or it files a new petition for recognition as a new political party pursuant to this section and section 16-803.
A.R.S. § 16-602 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 602
16-602 Tabulation designated margin; hand counts; vote count verification committee
Status: in_force

16-602. Tabulation designated margin; hand counts; vote count verification committee

A. For any primary, special or general election in which the votes are cast on an electronic voting machine or tabulator, the election judge shall compare the number of votes cast as indicated on the machine or tabulator with the number of votes cast as indicated on the poll list and the number of provisional ballots cast and that information shall be noted in a written report prepared and submitted to the officer in charge of elections along with other tally reports.

B. For each countywide primary, special, general and presidential preference election, the county officer in charge of the election shall conduct a hand count at one or more secure facilities. The hand count shall be conducted as prescribed by this section and in accordance with hand count procedures established by the secretary of state in the official instructions and procedures manual adopted pursuant to section 16-452.  The hand count is not subject to the live video requirements of section 16-621, subsection D, but the party representatives who are observing the hand count may bring their own video cameras in order to record the hand count.  The recording shall not interfere with the conduct of the hand count and the officer in charge of the election may prohibit from recording or remove from the facility persons who are taking actions to disrupt the count. The sole act of recording the hand count does not constitute sufficient grounds for the officer in charge of the election to prohibit observers from recording or to remove them from the facility.  The hand count shall be conducted in the following order:

1. At least two percent of the precincts in that county, or two precincts, whichever is greater, shall be selected at random from a pool consisting of every precinct in that county. The county political party chairperson for each political party that is entitled to continued representation on the state ballot or the chairperson's designee shall conduct the selection of the precincts to be hand counted.  The precincts shall be selected by lot without the use of a computer, and the order of selection by the county political party chairpersons shall also be by lot. The selection of the precincts shall not begin until all ballots voted in the precinct polling places have been delivered to the central counting center. The unofficial vote totals from all precincts shall be made public before selecting the precincts to be hand counted. Only the ballots cast in the polling places and ballots from direct recording electronic machines shall be included in the hand counts conducted pursuant to this section. Provisional ballots, conditional provisional ballots and write-in votes shall not be included in the hand counts and the early ballots shall be grouped separately by the officer in charge of elections for purposes of a separate manual audit pursuant to subsection F of this section.

2. The races to be counted on the ballots from the precincts that were selected pursuant to paragraph 1 of this subsection for each primary, special and general election shall include up to five contested races.  After the county recorder or other officer in charge of elections separates the primary ballots by political party, the races to be counted shall be determined by selecting by lot without the use of a computer from those ballots as follows:

(a) For a general election, one statewide ballot measure, unless there are no measures on the ballot.

(b) One contested statewide race for statewide office.

(c) One contested race for federal office, either United States senate or United States house of representatives.  If the United States house of representatives race is selected, the names of the candidates may vary among the sampled precincts.

(d) One contested race for state legislative office, either state house of representatives or state senate.  In either case, the names of the candidates may vary among the sampled precincts.

(e) If there are not a sufficient number of contested federal, statewide or legislative races or ballot measures, one contested county race.

(f) If there are fewer than four contested races resulting from the selections made pursuant to subdivisions (a) through (e) of this paragraph and if there are additional contested federal, statewide, legislative or county races or ballot measures, additional contested races shall be selected by lot not using a computer until four races have been selected or until no additional contested federal, statewide, legislative or county races or ballot measures are available for selection.

(g) If there are not a sufficient number of contested races resulting from the selections made pursuant to subdivisions (a) through (f) of this paragraph, additional uncontested races shall be selected by lot not using a computer until up to five races have been selected.

(h) If there are no contested races as prescribed by this paragraph, a hand count shall not be conducted for that precinct for that election.

3. For the presidential preference election, select by lot two percent of the polling places designated and used pursuant to section 16-248 and perform the hand count of those ballots.

4. For the purposes of this section, a write-in candidacy in a race does not constitute a contested race.

5. In elections in which there are candidates for president, the presidential race shall be added to the four categories of hand counted races.

6. Each county chairperson of a political party that is entitled to continued representation on the state ballot or the chairperson's designee shall select by lot the individual races to be hand counted pursuant to this section.

7. Political party designees who are selected pursuant to this paragraph shall perform the hand count under the supervision of the county officer in charge of elections.  The county officer in charge of elections shall provide compensation for those selected to perform the hand count, not to include travel, meal or lodging expenses.  The hand count shall not proceed unless the political parties provide the officer in charge of elections in writing a sufficient number of persons pursuant to this paragraph by 5:00 p.m. on the Thursday preceding the election and a sufficient number of persons prescribed by this paragraph arrive to perform the hand count. If a political party designee fails to appear for the hand count audit, the county chairperson or the state party chairperson of each political party may select persons from any political party if the selection of persons who perform the hand count complies with subdivision (e) of this paragraph and does not delay the hand count. Political party designees shall be selected to perform the hand count as follows:

(a) The county chairperson of each political party shall designate and provide to both the county officer in charge of elections and the state party chairperson the number of hand count board members as designated by the county officer in charge of elections.  If the county party chairperson fails to designate a sufficient number of hand count board workers, the state party chairperson shall designate qualified electors to be hand count board workers.  If the county party chairpersons and the state party chairpersons fail to designate a sufficient number of hand count board workers, the highest-ranking official holding a statewide office of each political party shall designate qualified electors to be hand count board workers. For the purposes of this subdivision, the ranking of officials holding statewide office shall be governor, secretary of state, attorney general, state treasurer, superintendent of public instruction, corporation commissioners in order of seniority, mine inspector, senate majority and minority leaders and house of representatives majority and minority leaders.

(b) The political parties shall provide to the county officer in charge of elections in writing the names of those persons intending to participate in the hand count at the audited precincts not later than 5:00 p.m. on the second Tuesday preceding the election.

(c) If the total number of hand count board workers provided by all parties is less than the number designated by the county officer in charge of elections, the county officer in charge of elections shall notify the parties of the shortage not later than 9:00 a.m. on the second Wednesday preceding the election and the political parties have until 9:00 a.m. on the second Thursday preceding the election to provide the county officer in charge of elections with an additional list of qualified electors and alternates who are willing to participate in the hand count.

(d) The county officer in charge of elections shall distribute the list provided pursuant to subdivision (c) of this paragraph to the county chairperson and state chairperson of each recognized political party in the county and state not later than 5:00 p.m. on the second Friday preceding the election.

(e) The selection of persons to perform the hand count shall ensure that not more than seventy-five percent of the persons conducting the hand count are members of the same political party.

(f) The county recorder or county officer in charge of elections may prohibit persons from participating in the hand count if the persons are taking actions to disrupt the count or are unable to perform the duties as assigned.

8. If a political party is not represented by a designated chairperson within a county, the state chairperson for that political party, or a person designated by the state chairperson, may perform the actions required by the county chairperson as specified in this section.

C. If the randomly selected races result in a difference in any race that is less than the designated margin when compared to the electronic tabulation of those same ballots, the results of the electronic tabulation constitute the official count for that race.  If the randomly selected races result in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation of those same ballots, a second hand count of those same ballots and races shall be performed. If the second hand count results in a difference in any race that is less than the designated margin when compared to the electronic tabulation for those same ballots, the electronic tabulation constitutes the official count for that race. If the second hand count results in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation for those same ballots, the hand count shall be expanded to include a total of twice the original number of randomly selected precincts. Those additional precincts shall be selected by lot without the use of a computer.

D. In any expanded count of randomly selected precincts, if the randomly selected precinct hand counts result in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation of those same ballots, the final hand count shall be extended to include the entire jurisdiction for that race. If the jurisdictional boundary for that race would include any portion of more than one county, the final hand count shall not be extended into the precincts of that race that are outside of the county that is conducting the expanded hand count. If the expanded hand count results in a difference in that race that is less than the designated margin when compared to the electronic tabulation of those same ballots, the electronic tabulation constitutes the official count for that race.

E. If a final hand count is performed for an entire jurisdiction for a race, the final hand count shall be repeated for that race until a hand count for that race for the entire jurisdiction results in a count that is identical to one other hand count for that race for the entire jurisdiction and that hand count constitutes the official count for that race.

F. After the electronic tabulation of early ballots and at one or more times selected by the chairperson of the political parties entitled to continued representation on the ballot or the chairperson's designee, the chairpersons or the chairpersons' designees shall randomly select one or more batches of early ballots that have been tabulated to include at least one batch from each machine used for tabulating early ballots and those ballots shall be securely sequestered by the county recorder or officer in charge of elections along with their unofficial tally reports for a postelection manual audit.  The chairpersons or the chairpersons' designees shall randomly select from those sequestered early ballots a number equal to one percent of the total number of early ballots cast or five thousand early ballots, whichever is less.  From those randomly selected early ballots, the county officer in charge of elections shall conduct a manual audit of the same races that are being hand counted pursuant to subsection B of this section. If the manual audit of the early ballots results in a difference in any race that is equal to or greater than the designated margin when compared to the electronically tabulated results for those same early ballots, the manual audit shall be repeated for those same early ballots.  If the second manual audit results in a difference in that race that is equal to or greater than the designated margin when compared to the electronically tabulated results for those same early ballots, the manual audit shall be expanded only for that race to a number of additional early ballots equal to one percent of the total early ballots cast or an additional five thousand ballots, whichever is less, to be randomly selected from the batch or batches of sequestered early ballots. If the expanded early ballot manual audit results in a difference for that race that is equal to or greater than the designated margin when compared to any of the earlier manual counts for that race, the manual counts shall be repeated for that race until a manual count results in a difference in that race that is less than the designated margin. If at any point in the manual audit of early ballots the difference between any manual count of early ballots is less than the designated margin when compared to the electronic tabulation of those ballots, the electronic tabulation shall be included in the canvass and no further manual audit of the early ballots shall be conducted.

G. During any hand count of early ballots, the county officer in charge of elections and election board workers shall attempt to determine the intent of the voter in casting the ballot.

H. Notwithstanding any other law, the county officer in charge of elections shall retain custody of the ballots for purposes of performing any required hand counts and the officer shall provide for security for those ballots.

I. The hand counts prescribed by this section shall begin within twenty-four hours after the closing of the polls and shall be completed before the canvassing of the election for that county.  The county shall make available on the county's website the results of those hand counts and shall provide the results to the secretary of state, who shall make those results publicly available on the secretary of state's website.

J. For any county in which a hand count has been expanded to all precincts in the jurisdiction, the secretary of state shall make available the escrowed source code for that county to the superior court. The superior court shall appoint a special master to review the computer software. The special master shall have expertise in software engineering, shall not be affiliated with an election software vendor nor with a candidate, shall sign and be bound by a nondisclosure agreement regarding the source code itself and shall issue a public report to the court and to the secretary of state regarding the special master's findings on the reasons for the discrepancies. The secretary of state shall consider the reports for purposes of reviewing the certification of that equipment and software for use in this state.

K. The vote count verification committee is established in the office of the secretary of state and all of the following apply:

1. At least thirty days before the 2006 primary election, the secretary of state shall appoint seven persons to the committee, not more than three of whom are members of the same political party.

2. Members of the committee shall have expertise in any two or more of the areas of advanced mathematics, statistics, random selection methods, systems operations or voting systems.

3. A person is not eligible to be a committee member 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.

4. The vote count verification committee shall meet and establish one or more designated margins to be used in reviewing the hand counting of votes as required pursuant to this section. The committee shall review and consider revising the designated margins every two years for use in the applicable elections. The committee shall provide the designated margins to the secretary of state at least ten days before the primary election and at least ten days before the general election, and the secretary of state shall make that information publicly available on the secretary of state's website.

5. Members of the vote count verification committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.  The committee is a public body and its meetings are subject to title 38, chapter 3, article 3.1 and its reports and records are subject to title 39, chapter 1.
A.R.S. § 16-915 — Arizona Code / Title 16 / Chapter 6 / Article 1.2 / Section 915
16-915 Political party contribution limits; requirements
Status: in_force

16-915. Political party contribution limits; requirements

A. A political party may not contribute more than the following amounts per election cycle:

1. Ten thousand dollars to the party's nominee for a city, town, county or district office.

2. Ten thousand dollars to the party's nominee for legislative office.

3. One hundred thousand dollars to the party's nominee for statewide office.

B. A political party may only contribute to nominees using monies contributed by an individual, a partnership, a candidate committee, a political action committee or a political party.

C. A political party shall not contribute to candidate committees other than nominees.

D. A political party may make unlimited contributions to persons other than candidate committees and nominees.
A.R.S. § 16-976 — Arizona Code / Title 16 / Chapter 6.1 / Article 1 / Section 976
16-976 Penalties; separate account; use of monies; surcharge
Status: in_force

16-976. Penalties; separate account; use of monies; surcharge

(Caution:  1998 Prop. 105 applies)

A. The civil penalty for any violation of this chapter shall be at least the amount of the undisclosed or improperly disclosed contribution and not more than three times that amount. For violations of section 16-975, the relevant amount for the purposes of calculating the civil penalty is the amount determined by the commission to constitute a structured transaction.

B. Civil penalties collected for violations of this chapter shall be deposited in a separate account in the citizens clean elections fund established pursuant to chapter 6, article 2 of this title and used to defray the costs of implementing and enforcing this chapter. Any monies in this account that are not used to implement and enforce this chapter may be used for other commission-approved purposes.

C. An additional surcharge of one percent shall be imposed on civil and criminal penalties and the proceeds deposited in the account in the citizens clean elections fund established pursuant to subsection B of this section. The surcharge shall be suspended for one to three years at a time if the commission determines that, during that period, it can perform the actions required by this chapter without the monies from the surcharge.
A.R.S. § 16-933 — Arizona Code / Title 16 / Chapter 6 / Article 1.6 / Section 933
16-933 Transfer and disposal of committee monies; limitations
Status: in_force

16-933. Transfer and disposal of committee monies; limitations

A. A committee that intends to terminate shall dispose of surplus monies as follows:

1. Return surplus monies to the contributor.

2. Contribute surplus monies pursuant to and within the limits prescribed in article 1.2 of this chapter.

3. In the case of a candidate committee, contribute surplus monies to a candidate committee for another candidate under the following conditions:

(a) The candidate committee makes the contribution after the time period for filing a nomination paper pursuant to section 16-311, subsection A.

(b) The candidate associated with the candidate committee that makes the contribution did not file a nomination paper to run for election in the current election cycle.

(c) In the case of a candidate committee for legislative office, the candidate committee makes the contribution when the legislature is not in regular legislative session.

(d) The candidate committee makes the contribution within the limits prescribed for individuals in section 16-912.

4. Donate surplus monies to a nonprofit organization that has tax exempt status under section 501(c)(3) of the internal revenue code.

5. In the case of a statewide or legislative candidate committee and subject to section 41-133, transfer surplus monies to the candidate's officeholder expense account.

B. Surplus monies shall not be used for or converted to personal use.

C. This section does not preclude the repayment of a loan to a committee.
A.R.S. § 16-701 — Arizona Code / Title 16 / Chapter 4 / Article 14 / Section 701
16-701 Applicability of election laws
Status: in_force

16-701. Applicability of election laws

Except as otherwise provided in this article, the election of delegates to the convention shall be conducted and the results ascertained and certified in the same manner as elections for state officers, and all laws of this state relative to elections, except those inconsistent with this article, are made applicable to such election.
A.R.S. § 16-703 — Arizona Code / Title 16 / Chapter 4 / Article 14 / Section 703
16-703 Qualifications of candidates for delegate; nominations
Status: in_force

16-703. Qualifications of candidates for delegate; nominations

A. Candidates for the office of delegate to the convention shall be qualified electors of this state.

B. Nominations shall be by petition signed by not less than one thousand electors of the state qualified to vote at the election and shall be filed with the secretary of state.

C. Nominations shall be without party or political designation, but the nominating petitions shall contain a statement by the candidate to the effect that he favors ratification, or that he opposes ratification, and nominating petitions shall not be accepted unless the statement is contained therein.

D. The only nomination petitions which shall be effective shall be those of the fifteen nominees favoring ratification whose nominating petitions were first filed with the secretary of state, and who are each residents of a county different from the other, and those of the fifteen nominees opposing ratification whose nominating petitions were first filed with the secretary of state, and who are each residents of a county different from the other.

E. Within ten days after the petitions are filed, the secretary of state shall certify the candidates of each group to the board of supervisors of the respective counties.

F. The petitions shall be filed with the secretary of state not less than twenty days before the proclaimed date of the election.
A.R.S. § 16-122 — Arizona Code / Title 16 / Chapter 1 / Article 2 / Section 122
16-122 Registration and records prerequisite to voting
Status: in_force

16-122. Registration and records prerequisite to voting

No person shall be permitted to vote unless such person's name appears as a qualified elector in both the general county register and in the precinct register or list of the precinct and election districts or proposed election districts in which such person resides, except as provided in sections 16-125, 16-135 and 16-584.
A.R.S. § 16-547 — Arizona Code / Title 16 / Chapter 4 / Article 8 / Section 547
16-547 Ballot affidavit; form
Status: in_force

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 mail affidavit that contains the mail ballot must have the voter's signature on the envelope and must be returned to the office of the county recorder by any one of the following methods:

(a) Delivering it to the office of the county recorder or other officer in charge of elections not later than 7:00 p.m. on election day.

(b) Depositing it at any polling place in the county not later than 7:00 p.m. on election day.

(c) Bringing the ballot to any polling place in the county not later than 7:00 p.m. on election day and choosing to present valid 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.
A.R.S. § 16-153 — Arizona Code / Title 16 / Chapter 1 / Article 4 / Section 153
16-153 Voter registration; confidentiality; definitions
Status: in_force

16-153. Voter registration; confidentiality; definitions

A. Eligible persons, and any other registered voter who resides at the same residence address as the eligible person, may request that the general public be prohibited from accessing the eligible person's identifying information, including any of the following:

1. That person's documents and voting precinct number contained in that person's voter registration record.

2. If the person is a public official, the address of a property held in trust by the public official.

B. Eligible persons may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties and an organization of peace officers:

1. The person's full legal name, residential address and date of birth.

2. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall instead attach a copy of the order of protection or injunction against harassment.

3. The reasons for reasonably believing that the person's life or safety or that of another person is in danger and that sealing the identifying information and voting precinct number of the person's voting record will serve to reduce the danger.

C. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, prosecutor, public defender, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.

D. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants.  The petition shall have attached each affidavit presented.  In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.

E. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted.  The presiding judge of the superior court shall order the sealing for five years of the information contained in the voter record of the affiant and, on request, any other registered voter who resides at the same residence address if the presiding judge concludes that this action will reduce a danger to the life or safety of the affiant.

F. The recorder shall remove the restrictions on all voter records submitted pursuant to subsection E of this section by January 5 in the year after the court order expires. The county recorder shall send by mail one notice to either the health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or the employing agency of the peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member who was granted an order pursuant to this section of the order's expiration date at least six months before the January 5 removal date. If the notice is sent to the employing agency, the employing agency shall immediately notify the person who was granted the order of the upcoming expiration date. The county recorder may coordinate with the county assessor and county treasurer to prevent multiple notices from being sent to the same person.

G. On entry of the court order, the clerk of the superior court shall file the court order with the county recorder. On receipt of the court order the county recorder shall seal the voter registration of the persons listed in the court order not later than one hundred twenty days from the date of receipt of the court order. To include a subsequent voter registration in the court order, a person listed in the court order shall present to the county recorder at the time of registration a certified copy of the court order or shall provide the county recorder the recording number of the court order. The information in the registration shall not be disclosed and is not a public record.

H. If the court denies an affiant's requested sealing of the voter registration record, the affiant may request a court hearing. The hearing shall be conducted by the court where the petition was filed.

I. On motion to the court, if the presiding judge of the superior court concludes that a voter registration record has been sealed in error or that the cause for the original affidavit no longer exists, the presiding judge may vacate the court order prohibiting public access to the voter registration record.

J. On request by a person who is protected under an order of protection or injunction against harassment and presentation of an order of protection issued pursuant to section 13-3602, an injunction against harassment issued pursuant to section 12-1809 or an order of protection or injunction against harassment issued by a court in another state or a program participant in the address confidentiality program pursuant to title 41, chapter 1, article 3, the county recorder shall seal the voter registration record of the person who is protected and, on request, any other registered voter who resides at the residence address of the protected person. The record shall be sealed not later than one hundred twenty days from the date of receipt of the court order.  The information in the registration shall not be disclosed and is not a public record.

K. For the purposes of this section:

1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.

2. "Commissioner" means a commissioner of the superior court or municipal court.

3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.

4. "Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407.

5. "Eligible person" means a health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, justice, judge, commissioner, hearing officer, public defender, prosecutor, member of the commission on appellate court appointments, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.

6. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33.

8. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.

9. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.

10. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.

11. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.

12. "Peace officer":

(a) Has the same meaning prescribed in section 1-215.

(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.

13. "Prosecutor" means a current or former United States attorney, county attorney, municipal prosecutor or attorney general and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.

14. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.

15. "Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.
A.R.S. § 16-604 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 604
16-604 Election integrity fund; purpose; exemption
Status: in_force

16-604. Election integrity fund; purpose; exemption

(L21, Ch. 405, sec. 6)

A. The election integrity fund is established consisting of legislative appropriations.  The state treasurer shall administer the fund.

B. Monies in the fund may be used only to pay county recorders for election security, cybersecurity measures and improvements and reimbursements for postelection hand tabulations, including for additional staffing.

C. County recorders shall apply for monies from the fund and, on review and approval by the state treasurer, the state treasurer shall make payments from the fund.

D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 16-319 — Arizona Code / Title 16 / Chapter 3 / Article 2 / Section 319
16-319 Secure online signature collection; candidate petitions; judicial offices
Status: in_force

16-319. Secure online signature collection; candidate petitions; judicial offices

A. Notwithstanding any other statute in this title, the secretary of state shall provide a system for qualified electors to sign a nomination petition for a candidate by way of a secure internet portal.  The system shall allow only those qualified electors who are eligible to sign a petition for a particular candidate to sign the petition and shall provide a method for the qualified elector's identity to be properly verified.  A candidate may choose to collect up to an amount equal to twenty-five percent more than the full number of required nomination petition signatures by use of the online signature collection system prescribed by this section.

B. This section applies only to candidates for:

1. Judicial offices that require nominating petitions under section 16-333.

2. The office of clerk of the superior court.
A.R.S. § 16-949 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 949
16-949 Controls on spending from citizens clean elections fund
Status: in_force

16-949. Controls on spending from citizens clean elections fund

(Caution:  1998 Prop 105 applies)

A. The commission shall not spend, on all costs incurred under this article during a particular calendar year, more than five dollars times the number of Arizona resident personal income tax returns filed during the previous calendar year. The commission may exceed this limit during a calendar year, provided that it is offset by an equal reduction of the limit during another calendar year during the same four-year period beginning January 1 immediately after a gubernatorial election.

B. The commission may use up to ten per cent of the amount specified in subsection A of this section for reasonable and necessary expenses of administration and enforcement, including the activities specified in section 16-956, subsection A, paragraphs 3 through 7 and subsections B and C. Any portion of the ten per cent not used for this purpose shall remain in the fund.

C. The commission may apply up to ten per cent of the amount specified in subsection A of this section for reasonable and necessary expenses associated with public education regarding participation as a candidate or a contributor, or regarding the functions, purpose and technical aspects of the act.  Reasonable and necessary expenditures made pursuant to section 16-956 are not included in this subsection.

D. The commission may spend monies in the fund for the reasonable and necessary expenses to implement the act but shall not use monies in the fund to promote the benefits of the clean elections act. Expenditures made pursuant to subsection C of this section or in section 16-956, subsection A are deemed not to constitute promoting the benefits of the clean elections act.  Expenditures pursuant to this subsection shall not be included in the limits prescribed in subsection C of this section.

E. The state treasurer shall administer a citizens clean elections fund from which costs incurred under this article shall be paid.  The auditor general shall review the monies in, payments into and expenditures from the fund no less often than every four years.
A.R.S. § 16-450 — Arizona Code / Title 16 / Chapter 4 / Article 4 / Section 450
16-450 Location and acquisition of vote tabulating devices
Status: in_force

16-450. Location and acquisition of vote tabulating devices

The vote tabulating device may be located at any place within the state approved by the board of supervisors of the county or the governing board of other political subdivisions using the device. The same device may be jointly owned, borrowed, leased or used by two or more counties, cities or other political subdivisions to tabulate ballots cast in any election.
A.R.S. § 16-594 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 594
16-594 List of challenges, grounds and rulings
Status: in_force

16-594. List of challenges, grounds and rulings

The board shall require one of the clerks to keep a list of the names of all persons challenged, the grounds of the challenge and the determination of the board upon the challenge. Copies of the list shall be kept in the office of the county recorder or other officer in charge of early ballot processing as a public record. Affidavits of challenged voters, decisions of election officials and challenge lists shall be a part of the official returns and shall be delivered to the board of supervisors.
A.R.S. § 16-707 — Arizona Code / Title 16 / Chapter 4 / Article 14 / Section 707
16-707 Organization of convention
Status: in_force

16-707. Organization of convention

The convention shall be the judge of the election and qualification of its members and shall elect its president, secretary and other officers and adopt rules.
A.R.S. § 16-945 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 945
16-945 Limits on early contributions
Status: in_force

16-945. Limits on early contributions

(Caution:  1998 Prop 105 applies)

A. A participating candidate may accept early contributions only from individuals and only during the exploratory period and the qualifying period, subject to the following limitations:

1. Notwithstanding any law to the contrary, no contributor shall give, and no participating candidate shall accept, contributions from a contributor exceeding one hundred dollars during an election cycle.

2. Notwithstanding any law to the contrary, early contributions to a participating candidate from all sources for an election cycle shall not exceed, for a candidate for governor, forty thousand dollars or, for other candidates, ten per cent of the sum of the original primary election spending limit and the original general election spending limit.

3. Qualifying contributions specified in section 16-946 shall not be included in determining whether the limits in this subsection have been exceeded.

B. Early contributions specified in subsection A of this section and the candidate's personal monies specified in section 16-941, subsection A, paragraph 2 may be spent only during the exploratory period and the qualifying period. Any early contributions not spent by the end of the qualifying period shall be paid to the fund.

C. If a participating candidate has a debt from an election campaign in this state during a previous election cycle in which the candidate was not a participating candidate, then, during the exploratory period only, the candidate may accept, in addition to early contributions specified in subsection A of this section, contributions subject to the limitations in section 16-941, subsection B, or may exceed the limit on personal monies in section 16-941, subsection A, paragraph 2, provided that such contributions and monies are used solely to retire such debt.
A.R.S. § 16-674 — Arizona Code / Title 16 / Chapter 4 / Article 13 / Section 674
16-674 Contest of county or other election
Status: in_force

16-674. Contest of county or other election

A. An elector of a county, city, town or a political subdivision of such county, city or town, may contest the right of a person declared elected to an office to be exercised therein, or declared nominated to an office at a primary election, or a question, proposal, measure or proposition submitted to and voted on by the electors on the same grounds and in the same manner as contests of election to a state office or question, proposal, measure or proposition submitted to the vote of the electors of the state.

B. The contest may be brought in the superior court of the county in which the elector resides. If the contest involves an office voted on by the electors, the summons shall be served upon the contestee, or, if the contest involves a question, proposal, measure or proposition voted on, then the summons shall be served upon the person upon whom summons in a civil action against the county, city, town or subdivision affected is served.
A.R.S. § 16-1014 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1014
16-1014 Corruption of electors; classification
Status: in_force

16-1014. Corruption of electors; classification

A. It is unlawful for a person, directly or indirectly, by himself or through any other person knowingly:

1. To treat, give, pay, loan, contribute, offer or promise money or other valuable consideration, or to give, offer or promise an office, place or employment, or to promise or to procure or endeavor to procure an office, place or employment, to or for a voter, or to or for any other person, to induce the voter to vote or refrain from voting at an election for any particular person or measure, or to induce the voter to go to the polls, or remain away from the polls at an election, or on account of the voter having voted or refrained from voting for any particular person or measure, or having gone to the polls or remained away from the polls at an election.

2. To advance or pay or cause to be paid, money or other valuable consideration to or for the use of any other person with the intent that it, or any part thereof, be used for bribery at any election provided by law, or to knowingly pay or cause to be paid money or other valuable thing to any person in discharge or repayment of money, wholly or in part expended for bribery at any election.

3. To receive, agree or contract for, before, during or after an election provided by law, money, gifts, loans or other valuable consideration, office, place or employment for himself or other person, for voting or agreeing to vote, or for going or agreeing to go to the polls, or for refraining or agreeing to refrain from voting for a particular person or measure, or for inducing any person to vote or refrain from voting, or to vote or refrain from voting for a particular person or measure at an election.

B. A person violating any provision of this section is guilty of a class 2 misdemeanor.
A.R.S. § 16-584 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 584
16-584 Qualified elector not on precinct register; recorder's certificate; verified ballot; procedure
Status: in_force

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 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 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 five calendar days after a primary, general or special election that includes an election for a federal office and within three business days after any other election or 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 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.
A.R.S. § 16-616 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 616
16-616 Preparation and disposition of unofficial returns
Status: in_force

16-616. Preparation and disposition of unofficial returns

One of the poll lists and one of the tally lists used at the election shall be withheld by the election board from the sealed packages of ballots and other election supplies and shall be separately sealed in an envelope and returned to the officer in charge of the election in the same manner as the official returns. The officer shall, for a period of six months, keep such envelope open to the inspection of electors.
A.R.S. § 16-570 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 570
16-570 Conduct of election; duties of officers; placing machines
Status: in_force

16-570. Conduct of election; duties of officers; placing machines

A. One election official shall attend the voting machine, and the other officers shall attend the pollbooks and perform the duties of election officials as provided by law.

B. The voting machine shall be so placed and protected that it is accessible to only one voter at a time and is in full view of all election officers and observers at the polling place. Any port, plug, door or other method of physical or electronic access to the voting machine or to any electronic pollbook shall be secured in a manner to prevent any unauthorized access to the voting machine or electronic pollbook. The county or other officer in charge of elections shall document and verify security procedures regarding access before a voting machine or electronic pollbook is placed into service for an election.

C. During elections the door or other compartment of the machine shall not be unlocked or opened or the counters exposed except for good and sufficient reasons, a statement of which shall be made and signed by the election officers and attached to the returns.
A.R.S. § 16-507 — Arizona Code / Title 16 / Chapter 4 / Article 6 / Section 507
16-507 Presentation of presidential candidates on ballot
Status: in_force

16-507. Presentation of presidential candidates on ballot

A. When presidential electors are to be voted for, the presidential and vice-presidential candidates therefor of each party shall be grouped and printed together, arranged in alphabetical order according to the presidential candidate's surname.

B. Presidential electors, which, shall be enclosed in a bracketed list and next to the bracketed list shall be printed in bold type the surname of the presidential candidate and vice-presidential candidate who is seeking election jointly with the presidential candidate shall be listed directly below the name of the presidential candidate. The indicator for the selection of the presidential and vice-presidential candidates shall be directly next to the surname of the presidential candidate, and one mark directly next to a presidential candidate's surname shall be counted as a vote for each elector in the bracketed list next to the presidential and vice-presidential candidates.
A.R.S. § 16-544 — Arizona Code / Title 16 / Chapter 4 / Article 8 / Section 544
16-544 Active early voting list; civil penalty; violation; classification; definition
Status: in_force

16-544. Active early voting list; civil penalty; violation; classification; definition

A. Any voter may request to be included on a list of voters to receive an early ballot by mail for any election for which the county voter registration roll is used to prepare the election register. The county recorder of each county shall maintain the active early voting list as part of the voter registration roll.

B. In order to be included on the active early voting list, the voter shall make a written request specifically requesting that the voter's name be added to the active early voting list for all elections in which the applicant is eligible to vote. An early voter request form shall conform to requirements prescribed in the instructions and procedures manual issued pursuant to section 16-452. The application shall allow for the voter to provide the voter's name, residence address, mailing address in the voter's county of residence, date of birth and signature and shall state that the voter is attesting that the voter is a registered voter who is eligible to vote in the county of residence. The voter shall not list a mailing address that is outside of this state for the purpose of the active early voting list unless the voter is an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20310). In lieu of the application, the applicant may submit a written request that contains the required information.

C. On receipt of a request to be included on the active early voting list, the county recorder or other officer in charge of elections shall compare the signature on the request form with the voter's signature on the voter's registration form and, if the request is from the voter, shall mark the voter's registration file as an active early ballot request.

D. Not less than ninety days before any polling place election scheduled in March or August, the county recorder or other officer in charge of elections shall mail to all voters who are eligible for the election, who are not listed as inactive and who are included on the active early voting list an election notice by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification. If an election is not formally called by a jurisdiction by the one hundred eightieth day before the election, the recorder or other officer in charge of elections is not required to send the election notice. The notice shall include the dates of the elections that are the subject of the notice, the dates that the voter's ballot is expected to be mailed and the address where the ballot will be mailed. If the upcoming election is a partisan open primary election and the voter is not registered as a member of one of the political parties that is recognized for purposes of that primary, the notice shall include information on the procedure for the voter to designate a political party ballot. The notice shall be delivered with return postage prepaid and shall also include a means for the voter to do any of the following:

1. Change the mailing address for the voter's ballot to another location in the voter's county of residence.

2. Update the voter's residence address in the voter's county of residence.

3. Request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice.

E. If the notice that is mailed to the voter is returned undeliverable by the postal service, the county recorder or other officer in charge of elections shall take the necessary steps to contact the voter at the voter's new residence address in order to update that voter's address or to move the voter to inactive status as prescribed in section 16-166, subsection A. If a voter is moved to inactive status, the voter shall be removed from the active early voting list and may not receive an early ballot unless the voter updates or otherwise confirms the voter's registration information. If the voter is removed from the active early voting list, the voter shall only be added to the active early voting list again if the voter submits a new request pursuant to this section.

F. Not later than the first day of early voting, the county recorder or other officer in charge of elections shall mail an early ballot to all eligible voters who are not listed as inactive and who are included on the active early voting list in the same manner prescribed in section 16-542, subsection C. If the voter has not returned the notice or otherwise notified the election officer within forty-five days before the election that the voter does not wish to receive an early ballot by mail for the election or elections indicated, the ballot shall automatically be scheduled for mailing.

G. If a voter who is on the active early voting list is not registered as a member of a recognized political party and fails to notify the county recorder of the voter's choice for political party ballot within forty-five days before a partisan open primary election, the following apply:

1. The voter shall not automatically be sent a ballot for that partisan open primary election only and the voter's name shall remain on the active early voting list for future elections.

2. To receive an early ballot for the primary election, the voter shall submit the voter's choice for political party ballot to the county recorder.

H. After a voter has requested to be included on the active early voting list, the voter shall be sent an early ballot by mail automatically for any election at which a voter at that residence address is eligible to vote until any of the following occurs:

1. The voter requests in writing to be removed from the active early voting list.

2. The voter's registration or eligibility for registration is moved to inactive status or canceled as otherwise provided by law.

3. The notice sent by the county recorder or other officer in charge of elections is returned undeliverable and the county recorder or officer in charge of elections is unable to contact the voter to determine the voter's continued desire to remain on the list.

4. The voter fails to vote an early ballot in all elections for two consecutive election cycles. For the purposes of this paragraph, "election" means any regular primary or regular general election for which there was a federal race on the ballot or for which a city or town candidate primary or first election or city or town candidate second, general or runoff election was on the ballot. This paragraph does not apply to:

(a) A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.

(b) A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter.

I. A voter may make a written request at any time to be removed from the active early voting list. The request shall include the voter's name, residence address, date of birth and signature. On receipt of a completed request to remove a voter from the active early voting list, the county recorder or other officer in charge of elections shall remove the voter's name from the list as soon as practicable.

J. An absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20310) is eligible to be placed on the active early voting list pursuant to this section.

K. A voter's failure to vote an early ballot once received does not constitute grounds to remove the voter from the active early voting list, except that a county recorder shall remove a voter from the active early voting list if both of the following apply:

1. The county recorder or other officer in charge of elections complies with subsection M of this section.

2. The voter fails to vote using an early ballot in all of the following elections for two consecutive election cycles:

(a) A regular primary and regular general election for which there was a federal race on the ballot.

(b) A city or town candidate primary or first election and a city or town candidate second, general or runoff election.

L. On or before January 15 of each odd-numbered year, the county recorder or other officer in charge of elections shall send a notice to each voter who is on the active early voting list and who did not vote an early ballot in all elections for two consecutive election cycles as prescribed by subsection K of this section.  If the voter has provided the voter's telephone or mobile phone number or email address to the county recorder, the county recorder may additionally provide the notice to the voter by telephone call, text message or email.  The notice shall inform the voter that if the voter wishes to remain on the active early voting list, the voter shall do both of the following with the notice received:

1. Confirm in writing the voter's desire to remain on the active early voting list.

2. Return the completed notice to the county recorder or other officer in charge of elections within ninety days after the notice is sent to the voter.  The notice shall be signed by the voter and shall contain the voter's address and date of birth.

M. If a voter receives a notice as prescribed by subsection L of this section and the voter fails to respond within the ninety-day period, the county recorder or other officer in charge of elections shall remove the voter's name from the active early voting list.

N. A candidate, political committee or other organization may distribute active early voting list request forms to voters. If the active early voting list request forms include a printed address for return, that address 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 active early voting list request.

O. All original and completed active early voting list 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 or political committee 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 active early voting list 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 active early voting list request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.

P. A person who receives an early ballot at an address at which another person formerly resided, without voting the ballot or signing the envelope, shall write "not at this address" on the envelope and place the mail piece in a United States postal service collection box or other mail receptacle. On receipt the county recorder or other officer in charge of elections shall proceed in the manner prescribed in subsection E of this section.

Q. When the county recorder receives confirmation from another county that a person registered has registered to vote in that other county, the county recorder shall remove that person from the active early voting list.

R. If the county recorder receives credible information that a person has registered to vote in a different county, the county recorder shall confirm the person's voter registration with that other county and, on confirmation, shall remove that person from the county's active early voting list pursuant to subsection Q of this section.

S. For the purposes of this section, "election cycle" means the two-year period beginning on January 1 in the year after a statewide general election or, for cities and towns, the two-year period beginning on the first day of the calendar quarter after the calendar quarter in which the city's or town's second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city's or town's immediately following second, runoff or general election is scheduled, however that election is designated by the city or town.
A.R.S. § 16-442 — Arizona Code / Title 16 / Chapter 4 / Article 4 / Section 442
16-442 Committee approval; adoption of vote tabulating equipment; experimental use; emergency
Status: in_force

16-442. Committee approval; adoption of vote tabulating equipment; experimental use; emergency

A. The secretary of state shall appoint a committee of three persons, to consist of a member of the engineering college at one of the universities, a member of the state bar of Arizona and one person familiar with voting processes in the state, no more than two of whom shall be of the same political party, and at least one of whom shall have at least five years of experience with and shall be able to render an opinion based on knowledge of, training in or education in electronic voting systems, procedures and security.  The committee shall investigate and test the various types of vote recording or tabulating machines or devices that may be used under this article. The committee shall submit its recommendations to the secretary of state who shall make final adoption of the type or types, make or makes, model or models to be certified for use in this state. The committee shall serve without compensation.

B. Machines or devices used at any election for federal, state or county offices may only be certified for use in this state and may only be used in this state if they comply with the help America vote act of 2002 and if those machines or devices have been tested and approved by a laboratory that is accredited pursuant to the help America vote act of 2002.

C. After consultation with the committee prescribed by subsection A of this section, the secretary of state shall adopt standards that specify the criteria for loss of certification for equipment that was used at any election for federal, state or county offices and that was previously certified for use in this state. On loss of certification, machines or devices used at any election may not be used for any election for federal, state or county offices in this state unless recertified for use in this state.

D. The secretary of state may revoke the certification of any voting system or device for use in a federal, state or county election in this state or may prohibit for up to five years the purchase, lease or use of any voting system or device leased, installed or used by a person or firm in connection with a federal, state or county election in this state, or both, if either of the following occurs:

1. The person or firm installs, uses or permits the use of a voting system or device that is not certified for use or approved for experimental use in this state pursuant to this section.

2. The person or firm uses or includes hardware, firmware or software in a version that is not certified for use or approved for experimental use pursuant to this section in a certified voting system or device.

E. The governing body of a city or town or the board of directors of an agricultural improvement district may adopt for use in elections any kind of electronic voting system or vote tabulating device approved by the secretary of state, and thereupon the voting or marking device and vote tabulating equipment may be used at any or all elections for voting, recording and counting votes cast at an election.

F. The secretary of state or the governing body may provide for the experimental use of a voting system or device without a final adoption of the voting system or device, and its use at the election is as valid as if the machines had been permanently adopted.

G. After consultation with the committee prescribed by subsection A of this section, the secretary of state may approve for emergency use an upgrade or modification to a voting system or device that is certified for use in this state if the governing body establishes in an open meeting that the election cannot be conducted without the emergency certification.  Any emergency certification shall be limited to no more than six months.  At the conclusion of the certification period the voting system or device shall be decertified and unavailable for future use unless certified in accordance with this section.
A.R.S. § 16-131 — Arizona Code / Title 16 / Chapter 1 / Article 3 / Section 131
16-131 Registration of electors; deputy registrars
Status: in_force

16-131. Registration of electors; deputy registrars

A. The county recorder, a justice of the peace or a deputy registrar shall supply, without charge, a registration form to any qualified person requesting registration information.

B. The county recorder shall distribute state mail in registration forms at locations throughout the county such as government offices, fire stations, public libraries and other locations open to the general public.

C. Information regarding the qualifications necessary to register to vote, registration deadlines for qualifying to vote at an election, penalties for false registration and locations where additional voter registration information may be obtained shall be attached to or distributed with the state mail in registration form.

D. A county recorder may appoint deputy registrars to assist in distributing registration forms, to assist in registering voters and to accept completed registration forms. A deputy registrar shall be a qualified elector and shall serve without pay.

E. The county recorder may provide voter registration forms in quantity to groups and individuals that request forms for conducting voter registration drives.
A.R.S. § 16-171 — Arizona Code / Title 16 / Chapter 1 / Article 5 / Section 171
16-171 Preservation of signature rosters as permanent records
Status: in_force

16-171. Preservation of signature rosters as permanent records

The signature roster of a precinct register shall be retained permanently, and transfer shall be pursuant to sections 41-151.15 and 41-151.19.  Signature rosters may be retained pursuant to this section in an electronic format.
A.R.S. § 16-622 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 622
16-622 Official canvass; unofficial results
Status: in_force

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 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, 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 fax or by other electronic means to the secretary of state.
A.R.S. § 16-563 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 563
16-563 Posting sample ballots, instruction cards and notice to voters before opening polls
Status: in_force

16-563. Posting sample ballots, instruction cards and notice to voters before opening polls

Before opening the polls the inspector of elections shall direct the following postings:

1. One of the sample ballots provided for in section 16-510, one of the cards of instructions provided for in section 16-513 and one of the "right to vote a provisional ballot" notices provided for in section 16-513.01 in plain view in the room where the ballots are cast. At least one other sample ballot, card of instruction and "right to vote a provisional ballot" notice shall be posted in a conspicuous place in and around the polling place.

2. Three seventy-five foot limit notices approximately seventy-five feet in different directions from the main outside entrance being used by voters to enter the building in which the election is being held.

3. In each voting booth, a notice to voters provided in section 16-514 at general elections only.

4. Any notices necessary for complying with early ballot on-site tabulation procedures as prescribed in sections 16-579.01 and 16-579.02.
A.R.S. § 16-621 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 621
16-621 Proceedings at the counting center
Status: in_force

16-621. Proceedings at the counting center

A. All proceedings at the counting center shall be under the direction of the board of supervisors or other officer in charge of elections and shall be conducted in accordance with the approved instructions and procedures manual issued pursuant to section 16-452 under the observation of representatives of each political party and the public.  The proceedings at the counting center may also be observed by up to three additional people representing a candidate for nonpartisan office, or representing a political committee in support of or in opposition to a ballot measure, proposition or question.  A draw by lot shall determine which three groups or candidates shall have representatives participate in the observation at the counting center.  Persons representing a candidate for nonpartisan office or persons or groups representing a political committee in support of or in opposition to a ballot measure, proposition or question, who are interested in participating in the observation, shall notify the officer in charge of elections of their desire to be included in the draw not later than seventeen days before the election. After the deadline to receive submissions from the interested persons or groups, but prior to fourteen days before the election, the county officer in charge of elections shall draw by lot, from the list of those that expressed interest, three persons or groups and those selected shall be notified and allowed to observe the proceedings at the counting center.  If a group is selected the group may alter who represents that group for different days of observation but on any given observation day a selected group shall not send more than one observer. A group may rotate an observer throughout the day.  Only those persons who are authorized for the purpose shall touch any ballot or ballot card or return. All persons who are engaged in processing and counting of the ballots shall be qualified electors, shall be deputized in writing and shall take an oath that they will faithfully perform their assigned duties. There shall be no preferential counting of ballots for the purpose of projecting the outcome of the election.  If any ballot, including any ballot received from early voting, is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy shall be made of the damaged or defective ballot in the presence of witnesses and substituted for the damaged or defective ballot.  All duplicate ballots created pursuant to this subsection shall be clearly labeled "duplicate" and shall bear a serial number that shall be recorded on the damaged or defective ballot.

B. If the counting center automatic tabulating equipment includes an electronic vote adjudication feature that has been certified for use as prescribed by section 16-442 and the board of supervisors or officer in charge of elections authorizes the use of this feature at the counting center, all of the following apply:

1. The electronic vote adjudication feature shall be included in the tabulation system logic and accuracy testing prescribed by section 16-449.

2. The board of supervisors or officer in charge of elections shall appoint an electronic vote adjudication board that consists of two judges who are overseen by an inspector, with the two judges equally divided between the two largest political parties as prescribed by section 16-531, subsection D to adjudicate and submit for tabulation a ballot that is read by the tabulation machine as blank in order to determine if voter intent is clear on a portion or all of the ballot, or any portion of any ballot as prescribed by section 16-610 or 16-611, or to tally write-in choices as prescribed by section 16-612.

3. The electronic vote adjudication process used by the electronic vote adjudication board shall provide for:

(a) A method to track and account for the original ballot and the digital duplicate of the ballot created by the electronic vote adjudication feature that includes a serial number on the digital image that can be used to track electronic vote adjudication board actions.

(b) The creation and retention of comprehensive logs of all digital duplication and adjudication actions performed by an electronic vote adjudication board.

(c) The retention of the original ballot and the digital duplicate of the ballot.

C. If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the officer in charge of elections may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.

D. For any statewide, county or legislative election, the county recorder or officer in charge of elections shall provide for a live video recording of the custody of all ballots while the ballots are present in a tabulation room in the counting center. The live video recording shall include date and time indicators and shall be linked to the secretary of state's website.  The secretary of state shall post links to the video coverage for viewing by the public. The county recorder or officer in charge of elections shall record the video coverage of the ballots at the counting center and shall retain those recordings as a public record for at least as long as the challenge period for the general election. If the live video feed is disrupted or disabled, the recorder or officer in charge of elections is not liable for the disruption but shall attempt to reinstate video coverage as soon as is practicable.  Any disruption in video coverage shall not affect or prevent the continued tabulation of ballots. This subsection is contingent on legislative appropriation.

E. The county recorder or other officer in charge of elections shall maintain records that record the chain of custody for all election equipment and ballots during early voting through the completion of provisional voting tabulation.
A.R.S. § 16-665 — Arizona Code / Title 16 / Chapter 4 / Article 12 / Section 665
16-665 Determination of results by court; distribution of copies of order of determination
Status: in_force

16-665. Determination of results by court; distribution of copies of order of determination

A. The result of the recount shall be presented to the court, and the court shall then announce the result and make and enter an order setting forth its determination.

B. A certified copy of the order of the court determining the result shall forthwith be delivered by the clerk of the court to the following officers:

1. To the governor with respect to an initiative or referendum measure, or proposal to amend the Constitution of Arizona. The governor shall forthwith issue a proclamation reciting the total number of votes cast for or against the initiative or referendum measure, or amendment to the constitution, as certified by the court, and declaring such measure or amendment as approved by a majority voting thereon, as certified by the court, to be the law.

2. To the secretary of state with respect to offices 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. The secretary of state shall forthwith deliver to the candidate entitled thereto, as certified by the court, the certificate of election.

3. To the clerk of the board of supervisors with respect to offices to be filled by electors of the county or a subdivision of a county, or a precinct, or in the case of an office to be filled by the electors of a city or town, to the city or town clerk.  The clerk of the board of supervisors or the city or town clerk shall forthwith deliver to the candidate entitled thereto, as certified by the court, the certificate of election.