A.R.S. § 16-311 — Arizona Code / Title 16 / Chapter 3 / Article 2 / Section 311
16-311 Nomination papers; statement of interest; filing; definitions
Status: in_force

16-311. Nomination papers; statement of interest; filing; definitions

A. Any person desiring to become a candidate at a primary election for a political party and to have the person's name printed on the official ballot shall be a qualified elector of the party and, not less than one hundred twenty nor more than one hundred fifty days before the primary election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or, if the person 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 or precinct, as applicable for a district or precinct office, naming the party of which the person desires to become a candidate, stating the office and district or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section, and giving the date of the primary election and, if nominated, the date of the general election at which the person desires to become a candidate.  Except for a candidate for United States senator or representative in Congress, a candidate for public office shall be a qualified elector at the time of filing and shall reside in the county, district or precinct that the person proposes to represent.  A candidate for partisan public office shall be continuously registered with the political party of which the person desires to be a candidate beginning no later than the date of the first petition signature on the candidate's petition through the date of the general election at which the person is a candidate.

B. Any person desiring to become a candidate at any nonpartisan election and to have the person's name printed on the official ballot shall be at the time of filing a qualified elector of the county, city, town or district and, not less than one hundred twenty nor more than one hundred fifty days before the election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or, if the person 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 county, city, town or district and ward or precinct, as applicable for a county, city, town or district and ward or precinct office, stating the office and county, city, town or district and ward or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section and giving the date of the election. A candidate for office shall reside at the time of filing in the county, city, town, district, ward or precinct that the person proposes to represent.

C. Notwithstanding subsection B of this section, any city or town may adopt by ordinance for its elections the time frame provided in subsection A of this section for filing nomination petitions. The ordinance shall be adopted not less than one hundred fifty days before the first election to which it applies.

D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A of this section a declaration, which shall be printed in a form prescribed by the secretary of state. The declaration shall include facts sufficient to show that, other than the residency requirement provided in subsection A of this section and the satisfaction of any monetary penalties, fines or judgments as prescribed in subsection J of this section, the candidate will be qualified at the time of election to hold the office the person seeks, and that for any monetary penalties, fines or judgments as prescribed in subsection J of this section, the candidate has made complete payment before the time of filing.

E. The nomination paper of a candidate for the office of United States senator or representative in Congress, for the office of presidential elector or for a state office, including a member of the legislature, or for any other office for which the electors of the entire state or a subdivision of the state greater than a county are entitled to vote, shall be filed with the secretary of state no later than 5:00 p.m. on the last date for filing.

F. The nomination paper of a candidate for superior court judge or for a county, district and precinct office for which the electors of a county or a subdivision of a county other than an incorporated city or town are entitled to vote shall be filed with the county elections officer no later than 5:00 p.m. on the last date for filing as prescribed by subsection A of this section. The nomination paper of a candidate for a city or town office shall be filed with the city or town clerk no later than 5:00 p.m. on the last date for filing. The nomination paper of a candidate for school district office shall be filed with the county school superintendent no later than 5:00 p.m. on the last date for filing.

G. The nomination paper shall include the exact manner in which the candidate desires to have the person's name printed on the official ballot and shall be limited to the candidate's surname and given name or names, an abbreviated version of such names or appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William" or "S." for "Samuel".  Nicknames are permissible, but nicknames, abbreviated versions or initials of given names may not suggest reference to professional, fraternal, religious or military titles and may not include a slogan, a promotional word or phrase or any word that does not actually constitute a nickname. No other descriptive name or names shall be printed on the official ballot, except as provided in this section. Candidates' abbreviated names or nicknames may be printed within quotation marks.  The candidate's surname shall be printed first, followed by the given name or names.

H. 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.

I. A person who does not file a timely nomination paper that complies with this section is not eligible to have the person'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 person 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 subsection D of this section.

J. 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.

K. For the purposes of this title:

1. "Election district" means this state, any county, city, town, precinct or other political subdivision or a special district that is not a political subdivision, that is authorized by statute to conduct an election and that is authorized or required to conduct its election in accordance with this title.

2. "Nomination paper" means the form filed with the appropriate office by a person wishing to declare the person's intent to become a candidate for a particular political office.
A.R.S. § 16-802 — Arizona Code / Title 16 / Chapter 5 / Article 1 / Section 802
16-802 Representation of new party on ballot for county or municipal election
Status: in_force

16-802. Representation of new party on ballot for county or municipal election

A new political party shall become eligible for recognition, shall be represented by an official party ballot at the next ensuing primary election of a county, city or town and shall be placed on the official ballot at the succeeding regular election on filing with the officer in charge of elections of the county or the city or town clerk, as the case may be, a petition signed by a number of qualified electors equal to not less than two percent of the votes cast for county attorney in the case of a county petition or for mayor in the case of a city or town petition. The county recorder or the city or town clerk, as applicable, shall review the petitions in the same manner prescribed by section 16-803, including the selection of a random sample of twenty percent of the total signatures eligible for verification, which shall be individually verified and certified, and shall perform a calculation and projection of the total number of valid signatures and make a determination whether the party shall be recognized as prescribed by section 16-803, subsection I.
A.R.S. § 16-822 — Arizona Code / Title 16 / Chapter 5 / Article 2 / Section 822
16-822 Precinct committeemen; eligibility; vacancy; duties; term
Status: in_force

16-822. Precinct committeemen; eligibility; vacancy; duties; term

A. Any member of a recognized political party who is a registered voter in the precinct is eligible to seek the office of precinct committeeman of that party in that precinct.

B. If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is less than or equal to the number of precinct committeeman positions, the county board of supervisors may cancel the election for those positions not sooner than one hundred five days before the election and appoint the person who filed the nominating petition to fill the position. If no person has filed a nominating petition to fill a position, the position is deemed vacant and shall be filled as otherwise provided by law. A precinct committeeman who is appointed pursuant to this subsection after filing a nominating petition shall be deemed an elected precinct committeeman.

C. If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is more than the number of precinct committeeman positions for a recognized political party in a precinct, an additional ballot style shall be prepared for the political party in that precinct, which shall include the office of precinct committeeman. Only persons who are registered as members of that political party in that precinct may vote that precinct committeeman ballot style.

D. In addition to other provisions of law regarding removal from office, a vacancy shall exist in the office of precinct committeeman when the precinct committeeman moves from the precinct from which elected or changes political party from the party in which the precinct committeeman was elected.

E. The minimum duties of a precinct committeeman shall be to assist the precinct committeeman's political party in voter registration and to assist the voters of that political party to vote on election days. Additional duties shall be as provided for in the state committee bylaws of the precinct committeeman's political party.

F. The term of office of a precinct committeeman is two years and begins on October 1 after the primary election at which the precinct committeeman was a candidate and continues until October 1 after the following primary election at which a precinct committeeman is elected.
A.R.S. § 16-959 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 959
16-959 Inflationary and other adjustments of dollar values
Status: in_force

16-959. Inflationary and other adjustments of dollar values

(Caution:  1998 Prop 105 applies)

A. Every two years, the secretary of state shall modify the dollar values specified in the following parts of this article, in the manner specified by section 16-905, subsection H, to account for inflation: section 16-941, subsection A, paragraph 2 or subsection D; section 16-942, subsection B; section 16-945, subsection A, paragraphs 1 and 2; section 16-948, subsection C; section 16-955, subsection G; and section 16-961, subsections G and H. In addition, the secretary of state shall make a similar inflation adjustment by modifying the dollar values in section 16-949, subsection A to reflect cumulative inflation since the enactment of this article. In addition, every two years, the secretary of state shall change the dollar values in section 16-961, subsections G and H in proportion to the change in the number of Arizona resident personal income tax returns filed during the previous calendar year.

B. Based on the results of the elections in any quadrennial election after 2002, and within six months after such election, the commission may adopt rules in a public meeting reallocating funds available to all candidates between the primary and general elections by selecting a fraction for primary election spending limits that is between one-third and one-half of the spending limits for the election as a whole.  For each office, the primary election spending limit shall be modified to be the sum of the primary and general spending limits times the selected fraction, and the general election spending limit shall be modified to be the same sum times one less the selected fraction.
A.R.S. § 16-502 — Arizona Code / Title 16 / Chapter 4 / Article 6 / Section 502
16-502 Form and contents of ballot
Status: in_force

16-502. Form and contents of ballot

A. Ballots shall be printed with black ink on white paper of sufficient thickness to prevent the printing thereon from being discernible from the back, and the same type shall be used for the names of all candidates.  The ballots shall be headed "official ballot" in bold-faced plain letters, with a heavy rule above and below the heading.  Immediately below shall be placed the words "type of election, (date of election)" and the name of the county and state in which the election is held.  The name or number of the precinct in which the election is held shall be placed on the ballot in a uniform location for all ballots.  No other matter shall be placed or printed at the head of any ballot. Instructions to the voter on marking the ballot may be printed below the heading as follows:

1. Put a mark according to the instructions next to the name of each candidate for each office for whom you wish to vote.

2. If you wish to vote for a person whose name is not printed on the ballot, write such name in the blank space provided on the ballot and put a mark according to the instructions next to the name so written.

3. Put a mark according to the instructions next to the word "yes" or "for" for each proposition or question you wish to be adopted.  Put a mark according to the instructions next to the word "no" or "against" for each proposition or question you wish not to be adopted.

B. Immediately below the ballot instructions shall be placed the following:

Section One

Partisan Ballot

C. Immediately below the heading for section one there shall be placed in columns the names of the candidates of the several political parties. Next to each candidate's name there shall be printed in bold-faced letters the name of the political party.  At the head of each column shall be printed the names of the offices to be filled with the name of each office being of uniform type size.  At the head of each column shall be printed in the following order the names of candidates for:

1. Presidential electors, which shall be in a list and next to the list shall be printed in bold type the surname of the presidential candidate, and the surname of the 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 list next to the presidential and vice presidential candidates.

2. United States senator.

3. Representatives in Congress.

4. The several state offices.

5. The several county and precinct offices.

D. The names of candidates for the offices of state senator and state representative along with the district number shall be placed within the heading of each column to the right of the office name for state offices and immediately below the candidates for the office of governor. The number of the supervisorial district of which a candidate is a nominee shall be printed within the heading of each column to the right of the name of the office.

E. The lists of the candidates of the several parties shall be arranged with the names of the parties in descending order according to the votes cast for governor for that county in the most recent general election for the office of governor, commencing with the left-hand column.  In the case of political parties that did not have candidates on the ballot in the last general election, such parties shall be listed in alphabetical order below the parties that did have candidates on the ballot in the last general election. The names of all candidates nominated under section 16-341 shall be placed in a single column below that of the recognized parties.  Next to the name of each candidate, in parentheses, shall be printed a three-letter abbreviation that is taken from the three words prescribed in the candidate's certificate of nomination.

F. Immediately below the designation of the office to be voted for shall appear the words: "Vote for not more than _________" (insert the number to be elected).

G. In each column at the right or left of the name of each candidate and on the same line there shall be a place for the voter to put a mark.  Below the name of the last named candidate for each office there shall be as many blank lines as there are offices of the same title to be filled, with a place for the voter to put a mark.  On the blank line the voter may write the name of any person for whom the voter desires to vote whose name is not printed, and next to the name so written the voter shall designate his choice by a mark as in the case of printed names.

H. When there are two or more candidates of the same political party for the same office, or more than one candidate for a judicial office, the names of all such candidates shall be so alternated on the ballots used in each election district that the name of each candidate shall appear substantially an equal number of times in each possible location.  If there are fewer or the same number of candidates seeking office than the number to be elected, the rotation of names is not required and the names shall be placed in alphabetical order.

I. Immediately below section one of the ballot shall be placed the following:

Section Two

Nonpartisan Ballot

J. Immediately below the heading for section two shall be placed the names of the candidates for justices of the supreme court, judges of the court of appeals, judges of the superior court standing for retention or rejection pursuant to article VI, section 38, Constitution of Arizona, judges of the superior court standing for election pursuant to article VI, section 12, Constitution of Arizona, school district officials and other nonpartisan officials in a column or in columns without partisan or other designation except the title of office in an order determined by the officer in charge of the election.

K. Immediately below the offices listed in subsection J of this section, the ballot shall contain a separate heading of any nonpartisan office for a vacant unexpired term and shall include the expiration date of the term of the vacated office.

L. All proposed constitutional amendments and other propositions or questions to be submitted to the voters shall be printed immediately below the names of candidates for nonpartisan positions in such order as the secretary of state, or if a city or town election, the city or town clerk, designates. Placement of county and local charter amendments, propositions or questions shall be determined by the officer in charge of the election.  Except as provided by section 19-125, each proposition or question shall be followed by the words "yes" and "no" or "for ______" and "against ______" as the nature of the proposition or question requires, and at the right or left of and next to each of such words shall be a place for the voter to put a mark according to the instructions that is similar in size to those places appearing opposite the names of the candidates, in which the voter may indicate his vote for or against such proposition or question by a mark as defined in section 16-400.

M. Instead of printing the official and descriptive titles or the full text of each measure or question on the official ballot, the officer in charge of elections may print phrases on the official ballot that contain all of the following:

1. The number of the measure in reverse type and at least twelve point type.

2. The designation of the measure as prescribed by section 19-125, subsection C or as a question, proposition or charter amendment, followed by the words "relating to..." and inserting the subject.

3. Either the statement prescribed by section 19-125, subsection D that describes the effects of a "yes" vote and a "no" vote or, for other measures, the text of the question or proposition.

4. The words "yes" and "no" or "for" and "against", as may be appropriate and a place for the voter to put a mark.

N. For any ballot printed pursuant to subsection M of this section, the instructions on the official ballot shall direct the voter to the full text of the official and descriptive titles and the questions and propositions as printed on the sample ballot and posted in the polling place.
A.R.S. § 16-647 — Arizona Code / Title 16 / Chapter 4 / Article 11 / Section 647
16-647 Declaration of election to office; delivery of certificate of election
Status: in_force

16-647. Declaration of election to office; delivery of certificate of election

The board of supervisors shall declare elected the person receiving the highest number of votes cast for each office to be filled by the electors of the county or a subdivision thereof, and the clerk of the board shall, unless enjoined from so doing by an order of the court, deliver to each such person, upon compliance with the provisions imposed by law upon candidates for office as conditions precedent to the issuance of such certificates, a certificate of election, signed by the clerk and authenticated with the seal of office of the board of supervisors.
A.R.S. § 16-914 — Arizona Code / Title 16 / Chapter 6 / Article 1.2 / Section 914
16-914 Political action committee contribution limits; requirements
Status: in_force

16-914. Political action committee contribution limits; requirements

A. A political action committee without mega PAC status may not contribute more than the following amounts per election cycle:

1. Six thousand two hundred fifty dollars to a candidate committee for city, town, county or district office.

2. Six thousand two hundred fifty dollars to a candidate committee for legislative office.

3. Six thousand two hundred fifty dollars to a candidate committee for statewide office.

B. A political action committee with mega PAC status may contribute twice the amounts prescribed in subsection A of this section per election cycle if the political action committee provides the recipient candidate committee a copy of the political action committee's certification of mega PAC status.

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

D. A political action committee may make unlimited contributions to persons other than candidate committees.
A.R.S. § 16-906 — Arizona Code / Title 16 / Chapter 6 / Article 1.1 / Section 906
16-906 Committee statement of organization; amendment; committee limitation
Status: in_force

16-906. Committee statement of organization; amendment; committee limitation

A. A committee shall file a statement of organization with the filing officer within ten days after qualifying as a committee.

B. A statement of organization shall include the following committee information:

1. The committee name, mailing address, e-mail address, website, if any, and telephone number, if any, and the type of committee. The committee name shall include:

(a) For a candidate committee, the candidate's first or last name and, if the candidate has a candidate committee open for more than one office, the office sought.

(b) For a political action committee that is sponsored, the sponsor's name or commonly known nickname.

2. The name, mailing address, e-mail address, website, if any, and telephone number of any sponsor.

3. The name, physical location or street address, e-mail address, telephone number, occupation and employer of the committee's chairperson and treasurer. For a candidate committee, the candidate may serve as both chairperson and treasurer.

4. For a candidate committee for a partisan office, the candidate's party affiliation.

5. A listing of all banks or other financial institutions used by the committee.

6. A statement that the committee chairperson and committee treasurer have read the filing officer's campaign finance and reporting guide, agree to comply with this article and articles 1, 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7 of this chapter, and agree to accept all notifications and service of process via the e-mail address provided by the committee.

C. A committee shall file an amended statement of organization within ten days after any change in committee information.

D. On filing a statement of organization, the filing officer shall issue an identification number to the committee.

E. A standing committee shall file a statement of organization with the secretary of state and a copy of the statement in each jurisdiction in which the committee is active.  Only the secretary of state shall issue an identification number.

F. A candidate may have only one committee in existence for the same office during the same election cycle.

G. On filing a statement of organization, a political action committee or political party may perform any lawful activity, including making contributions, making expenditures or conducting issue advocacy, without establishing a separate committee for each activity or specifying each activity in its statement of organization.
A.R.S. § 16-625 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 625
16-625 Electronic data and digital images; ballots; security
Status: in_force

16-625. Electronic data and digital images; ballots; security

The officer in charge of elections shall ensure that electronic data from and electronic or digital images of ballots are protected from physical and electronic access, including unauthorized copying or transfer, and that all security measures are at least as protective as those prescribed for paper ballots.
A.R.S. § 16-579.02 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 579.02
16-579.02 Election day early ballot on-site tabulation procedure; fund
Status: in_force

16-579.02. Election day early ballot on-site tabulation procedure; fund

A. A qualified elector who appears at a voting center or at the elector's designated polling place that allows for the on-site tabulation of early ballots with the elector's voted early ballot shall present identification as prescribed in section 16-579, subsection A, paragraph 1 and proceed as follows:

1. If the elector does not present identification that complies with section 16-579, subsection A, paragraph 1, the elector shall either deposit the elector's voted early ballot in its affidavit envelope in an official drop box or proceed to the area designated for election day voting to surrender the early ballot to the election board for retention and not for tabulating. The elector shall then be allowed to vote a provisional ballot as prescribed in section 16-584.  An election official may not allow for the on-site tabulation of an early ballot if the elector does not present identification that complies with section 16-579, subsection A, paragraph 1.

2. If the elector presents sufficient identification to comply with section 16-579, subsection A, paragraph 1, the elector shall present the elector's early ballot affidavit to the election official in charge of the signature roster, and the election official shall confirm that the name and address on the completed affidavit reasonably appear to be the same as the name and address on the precinct register.

3. If the elector's affidavit is not complete, the election official in charge of the signature roster shall allow the elector to complete the affidavit. The election official may not allow for the on-site tabulation of an early ballot until the elector presents a completed early ballot affidavit.

B. If the elector's affidavit is complete, the elector's name shall be numbered consecutively by the clerk and in the order of application for early ballot tabulation.

C. For precincts in which a paper signature roster is used, each qualified elector shall sign the elector's name in the signature roster as prescribed in section 16-579, subsection D before proceeding to the tabulating equipment.

D. For precincts in which an electronic pollbook is used, each qualified elector shall sign the elector's name as prescribed in section 16-579, subsection E before proceeding to the tabulating equipment.

E. After signing the signature roster or electronic pollbook, the elector shall proceed to the tabulating equipment and while under the observation of an election official, remove the early ballot from the completed affidavit envelope, deposit the empty completed affidavit envelope in the secured and labeled drop box and insert the early ballot into a tabulating machine.  An early ballot that has been separated from the elector's completed affidavit envelope may not be removed from the on-site early ballot tabulation area.

F. The drop box prescribed in subsection E of this section shall be clearly labeled to indicate that the completed affidavits are from ballots tabulated pursuant to this section and shall be secured in a manner substantially similar to other ballot boxes at that location.

G. Any qualified elector who lawfully brings to a polling place or voting center another elector's voted early ballot that is sealed in its affidavit envelope shall deposit the other elector's voted early ballot in the appropriate ballot drop box before entering the on-site early ballot tabulation area for purposes of tabulating the elector's own early ballot.  The county recorder or other officer in charge of elections shall ensure that a voter is not in possession of another voter's ballot within the on-site early ballot tabulation area.
A.R.S. § 16-558.01 — Arizona Code / Title 16 / Chapter 4 / Article 8.1 / Section 558.01
16-558.01 Mailing of ballots
Status: in_force

16-558.01. Mailing of ballots

Not more than twenty-seven days before the election and not fewer than fifteen days before the election, the county recorder or other officer in charge of elections for the special district shall send by nonforwardable mail all official ballots with printed instructions and a return envelope bearing a printed mail affidavit as described in section 16-547 to each qualified elector who is not listed as inactive and who is entitled to vote in the election. The envelope in which the ballot is mailed shall be clearly marked with the statement required by the postmaster to receive an address correction and notification. The district governing board shall determine whether the voter or the district governing board will pay for the postage for the return of electors' marked ballots. An elector who votes in a special district mail ballot election shall return the elector's marked ballot to the recorder or other officer in charge of the election or to a designated depository site as provided in section 16-411 not later than 7:00 p.m. on the day of the election.
A.R.S. § 16-535 — Arizona Code / Title 16 / Chapter 4 / Article 7 / Section 535
16-535 Election marshal; appointment; powers and duties
Status: in_force

16-535. Election marshal; appointment; powers and duties

A. The board of supervisors, at the time provided in section 16-531, shall appoint a qualified voter of the precinct as election marshal.

B. The election marshal shall preserve order at the polls and permit no violation of the election laws from the opening of the polls until the count of the ballots is completed.  The election marshal shall also periodically measure the length of waiting times at that polling place throughout the day, and if the waiting time is thirty minutes or more, the marshal shall inform the officer in charge of elections and shall request additional voting machines, voting booths and board workers, as appropriate. The election marshal may perform the duties of any other election board member on a relief basis.
A.R.S. § 16-1020 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1020
16-1020 Signing of petitions; violation; classification
Status: in_force

16-1020. Signing of petitions; violation; classification

A person knowingly signing any name other than his own to a nomination petition or a petition for formation, alteration or dissolution of a special district, except in a circumstance where he signs for a person, in the presence of and at the specific request of such person who is incapable of signing his own name because of physical infirmity, or knowingly signing his name more than once to a nomination petition or a petition for formation, alteration or dissolution of a special district, or who is not at the time of signing a qualified elector entitled to vote at the election initiated by the petition, is guilty of a class 1 misdemeanor.
A.R.S. § 16-651 — Arizona Code / Title 16 / Chapter 4 / Article 11 / Section 651
16-651 Proclamation by governor on amendments and initiated and referred measures
Status: in_force

16-651. Proclamation by governor on amendments and initiated and referred measures

Upon completion of the canvass by the secretary of state, the governor shall forthwith issue a proclamation, proclaiming the whole number of votes cast for and against each proposed constitutional amendment, and for and against each initiated or referred measure, and declaring the amendments or measures which are approved by a majority of those voting thereon to be law.
A.R.S. § 16-579 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 579
16-579 Procedure for obtaining ballot by elector
Status: in_force

16-579. Procedure for obtaining ballot by elector

(Caution:  1998 Prop. 105 applies)

A. Every qualified elector, before receiving a ballot, shall announce the elector's name and place of residence in a clear, audible tone of voice to the election official in charge of the signature roster or present the elector's name and residence in writing. The election official in charge of the signature roster shall comply with the following and the qualified elector shall be allowed within the voting area:

1. The elector shall present any of the following:

(a) A valid form of identification that bears the photograph, name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including an Arizona driver license, an Arizona nonoperating identification license, a tribal enrollment card or other form of tribal identification or a United States federal, state or local government issued identification.  Identification is deemed valid unless it can be determined on its face that it has expired.

(b) Two different items that contain the name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including a utility bill, a bank or credit union statement that is dated within ninety days of the date of the election, a valid Arizona vehicle registration, an Arizona vehicle insurance card, an Indian census card, tribal enrollment card or other form of tribal identification, a property tax statement, a recorder's certificate, a voter registration card, a valid United States federal, state or local government issued identification or any mailing that is labeled as "official election material". Identification is deemed valid unless it can be determined on its face that it has expired.

(c) A valid form of identification that bears the photograph, name and address of the elector except that if the address on the identification does not reasonably appear to be the same as the address in the precinct register or the identification is a valid United States military identification card or a valid United States passport and does not bear an address, the identification must be accompanied by one of the items listed in subdivision (b) of this paragraph.

2. If the elector does not present identification that complies with paragraph 1 of this subsection, the elector is only eligible to vote a provisional ballot as prescribed by section 16-584 or a conditional provisional ballot as provided for in the secretary of state's instruction and procedures manual adopted pursuant to section 16-452.

3. Through 2025, if the voter surrenders the early ballot to the precinct inspector and the voter is not otherwise required to be issued a provisional ballot, the voter shall be issued a standard ballot after presenting identification pursuant to this subsection. The precinct inspector shall retain the surrendered early ballot, unopened in its affidavit envelope.

4. Beginning in 2026, at any voting location the voter may choose to provide identification when presenting the voter's mailed early ballot, and if so the election official shall:

(a) Require the voter to present identification that complies with paragraph 1 of this subsection.

(b) Confirm that the name and address on the identification reasonably appear to be the same name and address shown on the voter's registration record.

(c) Stamp the signed affidavit with a stamp that reads "ID verified" and place the stamped affidavit that contains the early ballot in a secured ballot box that is labeled for early ballots. The stamped affidavit envelope is not required to be reviewed at the voting location, the voter's early ballot is deemed ready for tabulating and additional signature verification of the completed affidavit envelope as prescribed by section 16-550 is not required.

(d) Maintain a tally of the number of ballots that have been deposited in the secured ballot box and sign an affidavit that includes the election official's name, the polling location, the time and date, the number of early ballots deposited according to the tally maintained by the election official and a statement sufficient to record and maintain the chain of custody for those ballots.

B. Any qualified elector who is listed as having applied for an early ballot but who states that the elector has not voted and will not vote an early ballot for this election or surrenders the early ballot to the precinct inspector on election day shall be allowed to vote pursuant to the procedure set forth in section 16-584, except that for elections conducted using an electronic pollbook or similar system with continuous voter usage updates, the following apply:

1. If the electronic pollbook or other system indicates that the voter's early ballot has not been returned or accepted by the county recorder and the voter is not otherwise required to be issued a provisional ballot, the voter may be issued a standard ballot after presenting identification pursuant to subsection A of this section.

2. If the electronic pollbook or other system indicates that the voter's early ballot has been received or accepted by the county recorder, the voter may not be issued a standard ballot and may only be issued a provisional ballot as prescribed in section 16-584.

C. Each qualified elector's name shall be numbered consecutively by the clerks and in the order of applications for ballots.  The judge shall give the qualified elector only one ballot and a ballot privacy folder, and the elector's name shall be immediately checked on the precinct register.  Notwithstanding any provision of this subsection, an elector shall not be required to accept or use a ballot privacy folder.

D. For precincts in which a paper signature roster is used, each qualified elector shall sign the elector's name in the signature roster before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with red ink, and no attestation or other proof shall be necessary. The provisions of this subsection relating to signing the signature roster do not apply to electors casting a ballot using early voting procedures.

E. For precincts in which an electronic poll book system is used, each qualified elector shall sign the elector's name as prescribed in the instructions and procedures manual adopted by the secretary of state pursuant to section 16-452 before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with the inspector's or judge's attestation on the same signature line.

F. A person offering to vote at a special district election for which no special district register has been supplied shall sign an affidavit stating the person's address and that the person resides within the district boundaries or proposed district boundaries and swearing that the person is a qualified elector and has not already voted at the election being held.
A.R.S. § 16-977 — Arizona Code / Title 16 / Chapter 6.1 / Article 1 / Section 977
16-977 Complaints; investigations; civil action
Status: in_force

16-977. Complaints; investigations; civil action

(Caution:  1998 Prop. 105 applies)

A. Any qualified voter in this state may file a verified complaint with the commission against a person that fails to comply with the requirements of this chapter or rules adopted pursuant to this chapter. The complaint must state the factual basis for believing that there has been a violation of this chapter or rules adopted pursuant to this chapter.

B. If the commission determines that the complaint, if true, states the factual basis for a violation of this chapter or rules adopted pursuant to this chapter, the commission shall investigate the allegations and provide the alleged violator with an opportunity to be heard.

C. If the commission dismisses at any time the complaint or takes no substantive enforcement action within ninety days after receiving the complaint, the complainant may bring a civil action against the commission to compel it to take enforcement action, and the court shall review de novo whether the commission's dismissal or failure to act was reasonable. In any matter in which the civil penalty for the alleged violation could be greater than $50,000, any claim or defense by the commission of prosecutorial discretion is not a basis for dismissing or failing to act on the complaint.  A court may award the prevailing party in a civil action under this subsection its reasonable attorneys' fees.
A.R.S. § 16-824 — Arizona Code / Title 16 / Chapter 5 / Article 2 / Section 824
16-824 Meeting, organization and officers of county committee
Status: in_force

16-824. Meeting, organization and officers of county committee

A. The county committee shall meet for the purpose of organizing no earlier than ten days after the last organizing meeting of the legislative districts that are part of the county, and in any event no later than the second Saturday in January of the year following a general election. The county committee shall elect from its membership a chairman, a first vice chairman, a second vice chairman, a secretary and a treasurer. The latter two offices may be filled by the same person. In addition, and if there is no legislative district committee for a district in that county, the county committee shall elect state committeemen as prescribed by section 16-825. The chairman of the county committee shall be ex officio a member of the state committee.

B. The chairman of the county committee shall give notice of the time and place of the meeting by United States mail to each precinct committeeman at least ten days before the date of the meeting. If the precinct committeeman has provided a valid e-mail address and has authorized the chairman to give notice to the precinct committeeman by e-mail instead of by United States mail, the chairman of the county committee shall provide notice of the meeting by e-mail at least ten days before the date of the meeting.
A.R.S. § 16-953 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 953
16-953 Return of monies to the citizens clean elections fund
Status: in_force

16-953. Return of monies to the citizens clean elections fund

(Caution:  1998 Prop. 105 applies)

A. At the end of the primary election period, a participating candidate who has received monies pursuant to section 16-951, subsection A, paragraph 1 shall return to the fund all monies in the candidate’s campaign account above an amount sufficient to pay any unpaid bills for expenditures made during the primary election period and for goods or services directed to the primary election.

B. At the end of the general election period, a participating candidate shall return to the fund all monies in the candidate’s campaign account above an amount sufficient to pay any unpaid bills for expenditures made before the general election and for goods or services directed to the general election.

C. A participating candidate shall pay all uncontested and unpaid bills referenced in this section no later than thirty days after the primary or general election. A participating candidate shall make monthly reports to the commission concerning the status of the dispute over any contested bills. Any monies in a candidate’s campaign account after payment of bills shall be returned promptly to the fund.

D. If a participating candidate is replaced pursuant to section 16-343, and the replacement candidate files an oath with the secretary of state certifying to section 16-947, subsection B, paragraph 3, the campaign account of the participating candidate shall be transferred to the replacement candidate and the commission shall certify the replacement candidate as a participating candidate without requiring compliance with section 16-950 or the remainder of section 16-947. If the replacement candidate does not file such an oath, the campaign account shall be liquidated and all remaining monies returned to the fund.

E. If a participating candidate who has received monies pursuant to section 16-951, subsection A, paragraph 1 does not qualify for the ballot for the primary election, the participating candidate shall:

1. Return to the fund all monies in the candidate’s campaign account above the amount sufficient to pay any unpaid bills for expenditures made before the date the candidate failed to qualify for the primary ballot.

2. Return to the commission, within fourteen days, all remaining assets purchased with public funds in that election cycle, including all political signs. The disqualified participating candidate is not required to return political signs purchased in a previous election cycle.

3. Repay any monies paid to a family member unless the participating candidate demonstrates that the payment made was for goods or services actually provided before disqualification of the candidate and the payment was for fair market value.  For the purposes of this paragraph, "family member" means a parent, grandparent, spouse, child or sibling of the candidate or a parent or spouse of any of those persons.
A.R.S. § 16-955 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 955
16-955 Citizens clean election commission; structure
Status: in_force

16-955. Citizens clean election commission; structure

(Caution:  1998 Prop. 105 applies)

A. The citizens clean elections commission is established consisting of five members. No more than two members of the commission shall be members of the same political party. No more than two members of the commission shall be residents of the same county. No one shall be appointed as a member who does not have a registration pursuant to chapter 1 of this title that has been continuously recorded for at least five years immediately preceding appointment with the same political party or as an independent.

B. The candidates for vacant commissioner positions shall be persons who are committed to enforcing this article in an honest, independent and impartial fashion and to seeking to uphold public confidence in the integrity of the electoral system. Each candidate shall be a qualified elector who has not, in the previous five years in this state, been appointed to, been elected to or run for any public office, including precinct committeeman, or served as an officer of a political party.

C. Initially, the commission on appellate court appointments shall nominate five slates, each having three candidates, before January 1, 1999.  No later than February 1, 1999, the governor shall select one candidate from one of the slates to serve on the commission for a term ending January 31, 2004.  Next, the highest-ranking official holding a statewide office who is not a member of the same political party as the governor shall select one candidate from another one of the slates to serve on the commission for a term ending January 31, 2003. Next, the second-highest-ranking official holding a statewide office who is a member of the same political party as the governor shall select one candidate from one of the three remaining slates to serve on the commission for a term ending January 31, 2002. Next, the second-highest-ranking official holding a statewide office who is not a member of the same political party as the governor shall select one candidate from one of the two remaining slates to serve on the commission for a term ending January 31, 2001. Finally, the third-highest-ranking official holding a statewide office who is a member of the same political party as the governor shall elect one candidate from the last slate to serve on the commission for a term ending January 31, 2000. For the purposes of this section, the ranking of officials holding statewide office shall be governor, secretary of state, attorney general, treasurer, superintendent of public instruction, corporation commissioners in order of seniority, mine inspector, senate majority and minority leaders and house majority and minority leaders.

D. One commissioner shall be appointed for a five-year term beginning February 1 of every year beginning with the year 2000. Before February 1 of each year beginning in the year 2000, the governor and the highest-ranking official holding a statewide office who is not a member of the same political party as the governor shall alternate filling such vacancies. The vacancy in the year 2000 shall be filled by the governor.

E. Members of the commission may be removed by the governor, with concurrence of the senate, for substantial neglect of duty, gross misconduct in office, inability to discharge the powers and duties of office or violation of this section, after written notice and opportunity for a response.

F. If a commissioner does not complete the commissioner's term of office for any reason, a replacement shall be selected within thirty days after the vacancy occurs. The highest-ranking official holding a statewide office who is a member of the political party of the official who nominated the commissioner who vacated office shall nominate the replacement, who shall serve as commissioner for the unexpired portion of the term. A vacancy or vacancies shall not impair the right of the remaining members to exercise all of the powers of the board.

G. Commissioners are eligible to receive compensation in an amount of two hundred dollars for each day on which the commission meets and reimbursement of expenses pursuant to title 38, chapter 4, article 2.

H. The commissioners shall elect a chair to serve for each calendar-year period from among their members whose terms expire after the conclusion of that year. Three commissioners shall constitute a quorum.

I. A member of the commission shall serve no more than one term and is not eligible for reappointment. No commissioner, during the commissioner's tenure or for three years thereafter, shall seek or hold any other public office, serve as an officer of any political committee or employ or be employed as a lobbyist.

J. The commission shall appoint an executive director who shall not be a member of the commission and who shall serve at the pleasure of the commission. The executive director is eligible to receive compensation set by the board within the range determined under section 38-611. The executive director, subject to title 41, chapter 4, articles 5 and 6, shall employ, determine the conditions of employment and specify the duties of administrative, secretarial and clerical employees as the director deems necessary.
A.R.S. § 16-926 — Arizona Code / Title 16 / Chapter 6 / Article 1.4 / Section 926
16-926 Campaign finance reports; contents
Status: in_force

16-926. Campaign finance reports; contents

A. A committee shall file campaign finance reports with the filing officer.  The secretary of state's instructions and procedures manual adopted pursuant to section 16-452 shall prescribe the format for all reports and statements.

B. A campaign finance report shall set forth:

1. The amount of cash on hand at the beginning of the reporting period.

2. Total receipts during the reporting period, including:

(a) An itemized list of receipts in the following categories, including the source, amount and date of receipt, together with the total of all receipts in each category:

(i) Contributions from in-state individuals whose contributions exceed $100 for that election cycle, including identification of the contributor's occupation and employer. Notwithstanding section 16-901, paragraph 29, subdivision (a), a person whose residential address is protected from public disclosure pursuant to section 16-153 is not required to disclose the person's residential address and shall instead provide an alternate mailing address.

(ii) Contributions from out-of-state individuals, including identification of the contributor's occupation and employer.

(iii) Contributions from candidate committees.

(iv) Contributions from political action committees.

(v) Contributions from political parties.

(vi) Contributions from partnerships.

(vii) For a political action committee or political party, contributions from corporations and limited liability companies, including identification of the corporation's or limited liability company's file number issued by the corporation commission.

(viii) For a political action committee or political party, contributions from labor organizations, including identification of the labor organization's file number issued by the corporation commission.

(ix) For a candidate committee, a candidate's contribution of personal monies.

(x) All loans, including identification of any endorser or guarantor other than a candidate's spouse, and the contribution amount endorsed or guaranteed by each.

(xi) Rebates and refunds.

(xii) Interest on committee monies.

(xiii) The fair market value of in-kind contributions received.

(xiv) Extensions of credit that remain outstanding, including identification of the creditor and the purpose of the extension.

(b) The aggregate amount of contributions from all in-state individuals whose contributions do not exceed $100 for the election cycle.

3. An itemized list of all disbursements in excess of $250 during the reporting period in the following categories, including the recipient, the recipient's address, a description of the disbursement and the amount and date of the disbursement, together with the total of all disbursements in each category:

(a) Disbursements for operating expenses.

(b) Contributions to candidate committees.

(c) Contributions to political action committees.

(d) Contributions to political parties.

(e) Contributions to partnerships.

(f) For a political action committee or political party, contributions to corporations and limited liability companies, including identification of the corporation's or limited liability company's file number issued by the corporation commission.

(g) For a political action committee or political party, contributions to labor organizations, including identification of the labor organization's file number issued by the corporation commission.

(h) Repayment of loans.

(i) Refunds of contributions.

(j) Loans made.

(k) The value of in-kind contributions provided.

(l) Independent expenditures that are made to advocate the election or defeat of a candidate, including identification of the candidate, office sought by the candidate, election date, mode of advertising and distribution or publication date.

(m) Expenditures to advocate the passage or defeat of a ballot measure, including identification of the ballot measure, ballot measure serial number, election date, mode of advertising and distribution or publication date.

(n) Expenditures to advocate for or against the issuance of a recall election order or for the election or defeat of a candidate in a recall election, including identification of the officer to be recalled or candidate supported or opposed, mode of advertising and distribution or publication date.

(o) Any other disbursements or expenditures.

4. The total sum of all receipts and disbursements for the reporting period.

5. A certification by the committee treasurer, issued under penalty of perjury, that the contents of the report are true and correct.

C. For the purposes of reporting under subsection B of this section:

1. A contribution is deemed to be received either on the date the committee knowingly takes possession of the contribution or the date of the check or credit card payment. For an in-kind contribution of services, the contribution is deemed made either on the date the services are performed or the date the committee receives the services.

2. An expenditure or disbursement is deemed made either on the date the committee authorizes the monies to be spent or the date the monies are withdrawn from the committee's account. For a transaction by check, the expenditure or disbursement is deemed made on the date the committee signs the check. For a credit card transaction on paper, the expenditure or disbursement is deemed made on the date the committee signs the authorization to charge the credit card.  For an electronic transaction, an expenditure or disbursement is deemed made on the date the committee electronically authorizes the charge.  For an agreement to purchase goods or services, the expenditure or disbursement is deemed made either on the date the parties enter into the agreement or the date the purchase order is issued.

3. A committee may record its transactions using any of the methods authorized by this subsection but for each type of contribution, expenditure or disbursement made or received, the committee shall use a consistent method of recording transactions throughout the election cycle.

D. The amount of an in-kind contribution of services shall be equal to the usual and normal charges for the services on the date performed.

E. If any receipt or disbursement is earmarked, the committee shall report the identity of the person to whom the receipt or disbursement is earmarked.

F. Candidate committee reports shall be cumulative for the election cycle to which they relate. Political action committee and political party reports shall be cumulative for a two-year election cycle ending in the year of a statewide general election. If there has been no change during the reporting period in an item listed in the immediately preceding report, only the amount need be carried forward.

G. For a political action committee that receives individual contributions through a payroll deduction plan, that committee is not required to separately itemize each contribution received from the contributor during the reporting period. In lieu of itemization, the committee may report all of the following:

1. The aggregate amount of contributions received from the contributor through the payroll deduction plan during the reporting period.

2. The individual's identity.

3. The amount deducted per pay period.

H. An entity that makes independent expenditures or ballot measure expenditures in excess of $1,000 during a reporting period shall file an expenditure report with the filing officer for the applicable reporting period.  Expenditure reports shall identify the candidate or ballot measure supported or opposed, office sought by the candidate, if any, election date, mode of advertising and first date of publication, display, delivery or broadcast of the advertisement.
A.R.S. § 16-447 — Arizona Code / Title 16 / Chapter 4 / Article 4 / Section 447
16-447 Voting devices; inspection; specifications and number of booths
Status: in_force

16-447. Voting devices; inspection; specifications and number of booths

A. The board of supervisors shall provide at each polling place at least one device that complies with the help America vote act of 2002 (P.L. 107-252) and that is certified by the secretary of state for use by voters with disabilities.

B. Before any election at which electronic voting devices are used, the board of supervisors or other authority in charge of elections shall have the voting devices prepared for the election and shall mail a notice to the chairmen of the county committees of the different political parties, stating when and where the voting devices may be inspected before they are sealed and delivered to the polling places.

C. The board of supervisors or other authority in charge of elections shall have delivered to each polling place a sufficient number of voting booths and voting or marking devices. The voting booths shall be durably constructed and shall be of sufficient size and so designed as to enable the voter to mark the voter's ballot in secrecy.

D. In any election, the election officer in charge of the election shall determine the number of voting devices to be used.

E. The board of supervisors shall designate a person to observe the installation and modification of any election management software or computer programming used for county election administration. The board of supervisors shall also designate a person to act as a substitute if the primary designee is unavailable. The persons designated may be county employees but may not be employed by or under the supervision of the officer in charge of elections.
A.R.S. § 16-591 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 591
16-591 Grounds for challenging an elector
Status: in_force

16-591. Grounds for challenging an elector

Any qualified elector of the county may orally challenge a person offering to vote as not qualified under section 16-121.01 or on the ground that the person has voted before at that election.
A.R.S. § 16-1023 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1023
16-1023 Digital impersonation of candidate or other person; relief; applicability; definitions
Status: in_force

16-1023. Digital impersonation of candidate or other person; relief; applicability; definitions

A. A candidate for public office or political party office who will appear on the ballot in this state or any citizen of this state may bring an action for digital impersonation within two years after the date that the person knows, or in the exercise of reasonable diligence should know, that a digital impersonation of the person who is bringing the action was published.  The sole remedy on this cause of action is preliminary and permanent declaratory relief except as otherwise expressly provided by this section. To prevail on an action prescribed by this section, a plaintiff must prove all of the following:

1. That a digital impersonation of the person was published to one or more other persons without the person's consent.

2. That at the time of publication either of the following applies:

(a) The publisher did not reasonably convey to the persons to whom the publication was made that the recording or image was a digital impersonation or that its authenticity was disputed.

(b) It would not be obvious to a reasonable person that the recording or image was a digital impersonation.

B. If the digital impersonation is or is part of a paid advertisement, a cause of action for digital impersonation may be brought only against the person or entity that originated, ordered, placed or paid for the advertisement.

C. A provider of an interactive computer service may not be subject to an action for digital impersonation for publishing information that is provided by another information content provider.

D. A person who brings an action for digital impersonation may file a complaint and a motion for preliminary declaratory relief in the superior court.  The plaintiff shall make diligent efforts to both serve and provide prompt actual notice to all defendants. The publisher of the alleged digital impersonation has the right to appear, be heard and present evidence before the court's entry of preliminary declaratory relief, but a defendant's failure to appear does not preclude a court from granting preliminary declaratory relief.

E. The court shall rule on the motion for preliminary declaratory relief within two days after the date that the complaint and motion are received by the judicial officer who is assigned to the case, excluding Saturdays, Sundays and court holidays. Preliminary declaratory relief may be granted against a defendant who does not appear only if the plaintiff's complaint is verified and a declaration is filed that states why with the exercise of reasonable diligence the defendant could not be served.  If the court grants preliminary declaratory relief against a defendant who does not appear, the order granting the relief must be filed promptly in the clerk's office and entered in the record and must state all of the following:

1. The date and hour the order was issued.

2. Why the order was issued without notice.

3. The date and hour the order expires.

4. Any additional information that the judicial officer believes is necessary or appropriate to effectuate the order.

F. Preliminary declaratory relief may be granted only if the plaintiff proves the elements of digital impersonation prescribed by subsection A of this section and at least one of the following additional elements:

1. The person is a candidate for public office or political party office and an election is scheduled to be held for that public office or political party office within one hundred eighty days of the date that the relief is requested.

2. The digital impersonation depicts the person engaging in a sexual act or depicts the unclothed breasts, buttocks or genitals of the person.

3. The digital impersonation depicts the person engaging in a criminal act.

4. In the absence of preliminary declaratory relief, the person can be reasonably expected to suffer significant personal or financial hardship or loss of employment opportunities.

5. In the absence of preliminary declaratory relief, the person's reputation will be irreparably harmed.

G. If the defendant does not appear and contest the claim and no other party intervenes as a defendant, the plaintiff is not entitled to taxable costs.

H. If a defendant has not been served within ninety days after the date of filing and no party has appeared or intervened as a defendant in intervention, the claims against that defendant shall be dismissed and any preliminary relief that was granted shall expire unless the court finds that the interests of justice require otherwise.

I. In addition to declaratory relief as prescribed in subsections A through F of this section, a plaintiff in an action for digital impersonation may obtain injunctive relief and damages only if the elements of digital impersonation prescribed in subsection A of this section and all of the following elements are proven:

1. The digital impersonation depicts the person engaging in a sexual act or depicts the unclothed breasts, buttocks or genitals of the person, appeals to prurient interests and offends local community standards.

2. The plaintiff was not a public figure, including a limited public figure, at the time the cause of action accrued.

3. The publication was made with actual knowledge that the recording or image was a digital impersonation or the publisher failed to take reasonable corrective action within twenty-one days after the publisher had actual knowledge that the recording or image was a digital impersonation. Reasonable corrective action includes removing or disabling access to the digital impersonation and publishing to the same audience a statement that the publication was a digital impersonation.

J. If preliminary declaratory relief is granted, any factual or legal determinations made by the court shall not be considered by the trier of fact or the court at any later stage of the proceeding or in any other proceeding.

K. The standard of proof for actions prescribed by this section is:

1. For preliminary declaratory relief, clear and convincing evidence.

2. For injunctive relief and damages, clear and convincing evidence.

3. For permanent declaratory relief, a preponderance of the evidence.

L. A plaintiff who brings an action under this section may file a complaint in the superior court for the county in which the plaintiff resides or, if the plaintiff is a candidate for President of the United States, in Maricopa county or in any county in which one of the candidate's political party's appointees for elector resides.

M. A parent or guardian of a minor child or incapacitated person may seek relief under this section on the minor child's or incapacitated person's behalf.

N. This section shall be narrowly construed in favor of both free and open discourse on matters of public concern and artistic expression and shall not be construed so as to abrogate any cause of action otherwise available.

O. All parties to a contested action seeking permanent declaratory relief, permanent injunctive relief or damages and that is brought pursuant to this section have the right to trial by jury.

P. This section applies fourteen days after the effective date of this section.

Q. For the purposes of this section:

1. "Digital impersonation" means synthetic media, typically video, audio or still image, that meets all of the following requirements:

(a) Has been digitally manipulated to convincingly replace one person's likeness or voice with that of another using deep generative methods and artificial intelligence techniques, or for which one person's likeness or voice has otherwise been simulated using deep generative methods and artificial intelligence techniques.

(b) Was created with the intention to deceive or lead reasonable listeners or viewers into believing that the content is authentic.

(c) Would lead reasonable viewers or listeners to believe that it is a true and accurate depiction of the impersonated person's voice or likeness and is something the impersonated person said or did.

(d) Is not commentary, parody, satire, criticism or artistic expression.

(e) Was not created by the impersonated person or with the impersonated person's consent.

2. "Election" means any election in this state, including a primary, presidential preference, special or general election.

3. "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.

4. "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

5. "Political party office" means an office to which persons are elected within a political party.

6. "Public office":

(a) Means any office to which persons are elected by ballot at an election administered by this state or a political subdivision of this state.

(b) Includes the office of President of the United States where a candidate's name or a candidate's political party appointees for elector will appear on the ballot in this state.
A.R.S. § 16-1018 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1018
16-1018 Additional unlawful acts by persons with respect to voting; classification
Status: in_force

16-1018. Additional unlawful acts by persons with respect to voting; classification

A person who commits any of the following acts is guilty of a class 2 misdemeanor:

1. Knowingly electioneers on election day within a polling place or in a public manner within seventy-five feet of the main outside entrance of a polling place or on-site early voting location established by a county recorder pursuant to section 16-542, subsection A.

2. Intentionally disables or removes from the polling place, on-site early voting location or custody of an election official a voting machine or a voting record.

3. Knowingly removes an official ballot from a polling place before closing the polls.

4. Shows another voter's ballot to any person after it is prepared for voting in such a manner as to reveal the contents, except to an authorized person lawfully assisting the voter.  A voter who makes available an image of the voter's own ballot by posting on the internet or in some other electronic medium is deemed to have consented to retransmittal of that image and that retransmittal does not constitute a violation of this section.

5. Knowingly solicits a voter to show the voter's ballot, or receives from a voter a ballot prepared for voting, unless the person is an election official or unless otherwise authorized by law.

6. Knowingly receives an official ballot from a person other than an election official having charge of the ballots.

7. Knowingly delivers an official ballot to a voter, unless the voter is an election official.

8. Except for a completed ballot transmitted by an elector by fax or other electronic format pursuant to section 16-543, knowingly places a mark on the voter's ballot by which it can be identified as the one voted by the voter.

9. After having received a ballot as a voter, knowingly fails to return the ballot to the election official before leaving the polling place or on-site early voting location.
A.R.S. § 16-467 — Arizona Code / Title 16 / Chapter 4 / Article 5 / Section 467
16-467 Method of voting on ballot
Status: in_force

16-467. Method of voting on ballot

A. At primary elections there shall be provided a separate ballot for each party entitled to participate in the primary.

B. Each party ballot shall be designated by the name of the party, and for a voter who is registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16-804, the voter shall be given by the judge of election one ballot only of the party with which the voter is affiliated as it appears in the precinct register. For a voter who is registered as independent, or no party preference or as a member of a political party that is not entitled to continued representation on the ballot pursuant to section 16-804, the voter shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the judge of election shall give the elector only that political party's ballot.

C. If a person is nominated on more than one ticket, the person shall promptly file with the officer in charge of the preparation of election ballots a written declaration indicating the party name under which the person's name is to be printed on the official election ballot, and the person's name shall be printed only under the party name.

D. For any political party that is entitled to continued representation on the ballot, section 16-822 applies to the election of precinct committeemen.
A.R.S. § 16-133 — Arizona Code / Title 16 / Chapter 1 / Article 3 / Section 133
16-133 Voter registration events; website posting
Status: in_force

16-133. Voter registration events; website posting

(L21, Ch. 405, sec. 4)

The secretary of state and each county recorder shall post on their public website a list of each event that the office of the secretary of state or the county recorder attends and provides voter registration services. Each event shall be posted on the public website within twenty-four hours after the secretary's or recorder's attendance at the event.
A.R.S. § 16-165 — Arizona Code / Title 16 / Chapter 1 / Article 5 / Section 165
16-165 Causes for cancellation; report
Status: in_force

16-165. Causes for cancellation; report

A. The county recorder shall cancel a registration:

1. At the request of the person registered.

2. When the county recorder is informed and confirms that the person registered is dead.

3. If the person has been adjudicated an incapacitated person as defined in section 14-5101.

4. When the person registered has been convicted of a felony, and the judgment of conviction has not been reversed or set aside.  The county recorder shall cancel the registration on receipt of notice of a felony conviction from the court or from the secretary of state or when reported by the elector on a signed juror questionnaire that is completed pursuant to section 21-314.

5. On production of a certified copy of a judgment directing a cancellation to be made.

6. Promptly after the election if the person registered has applied for a ballot pursuant to section 16-126.

7. When a person has been on the inactive voter list and has not voted during the time periods prescribed in section 16-166, subsection C.

8. When the county recorder receives written information from the person registered that the person has a change of residence within the county and the person does not complete and return a new registration form within twenty-nine days after the county recorder mails notification of the need to complete and return a new registration form with current information.

9. When the county recorder receives written information from the person registered that the person has a change of address outside the county, including when the county recorder either:

(a) Receives a form from the person pursuant to subsection E of this section on which the person has confirmed that the person is not a resident of this state.

(b) Receives a summary report from the jury commissioner or jury manager pursuant to section 21-314 indicating that the person has stated that the person is not a resident of the county. Before the county recorder cancels a registration pursuant to this subdivision, the county recorder shall send the person notice by forwardable mail and a postage prepaid preaddressed return form requesting the person confirm by signing under penalty of perjury that the person is a resident of the county and is not knowingly registered to vote in another county or another state. The notice shall inform the person that failure to return the form within thirty-five days will result in the person's registration being canceled. If the person fails to return the notice within thirty-five days the county recorder shall cancel the person's registration.

10. When the county recorder obtains information pursuant to this section and confirms that the person registered is not a United States citizen, including when the county recorder receives a summary report from the jury commissioner or jury manager pursuant to section 21-314 indicating that a person who is registered to vote has stated that the person is not a United States citizen. Before the county recorder cancels a registration pursuant to this paragraph, the county recorder shall send the person notice by forwardable mail that the person's registration will be canceled in  thirty-five days unless the person provides satisfactory evidence of United States citizenship pursuant to section 16-166. The notice shall include a list of documents the person may provide and a postage prepaid preaddressed return envelope. If the person registered does not provide satisfactory evidence within  thirty-five days, the county recorder shall cancel the registration and notify the county attorney and attorney general for possible investigation.

11. When the county recorder receives confirmation from another county recorder that the person registered has registered to vote in that other county.

B. 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 cancel the person's registration pursuant to subsection A, paragraph 11 of this section.

C. If the county recorder cancels a registration pursuant to subsection A, paragraph 8 of this section, the county recorder shall send the person notice that the registration has been canceled and a registration form with the information described in section 16-131, subsection C attached to the form.

D. When proceedings in the superior court or the United States district court result in a person being declared incapable of taking care of himself and managing his property, and for whom a guardian of the person and estate is appointed, result in such person being committed as an insane person or result in a person being convicted of a felony, the clerk of the superior court in the county in which those proceedings occurred shall file with the secretary of state an official notice of that fact. The secretary of state shall notify the appropriate county recorder and the recorder shall cancel the name of the person on the register.  Such a notice shall name the person covered, shall give the person's date and place of birth if available, the person's social security number, if available, the person's usual place of residence, the person's address and the date of the notice, and shall be filed with the recorder of the county where the person last resided.

E. Each month the department of health services shall transmit to the secretary of state without charge a record of the death of every resident of the state reported to the department within the preceding month. This record shall include only the name of the decedent, the decedent's date of birth, the decedent's date of death, the decedent's social security number, if available, the decedent's usual legal residence at the time of death and, if available, the decedent's father's name or mother's maiden name. The secretary of state shall use the record for the sole purpose of canceling the names of deceased persons from the statewide voter registration database. In addition, the department of health services shall annually provide to the secretary of state from the statewide electronic death registration system without charge a record of all deaths of residents of this state that are reported to the department of health services. The records transmitted by the department of health services shall include only the name of the decedent, the decedent's date of birth, the decedent's social security number, if available, the decedent's usual legal residence at the time of death and, if available, the decedent's father's name or mother's maiden name. The secretary of state shall compare the records of deaths with the statewide voter registration database. Public access to the records is prohibited. Use of information from the records for purposes other than those required by this section is prohibited. The name of each deceased person shall promptly be canceled from the statewide voter registration database and the secretary of state shall notify the appropriate county recorder and the recorder shall cancel the name of the person from the register.

F. Each month the department of transportation shall furnish to the secretary of state without charge a list of persons who the department has been notified have been issued a driver license or the equivalent of an Arizona nonoperating identification license in another state. Within ten days after receiving the list of persons from the department of transportation, the secretary of state shall provide to the appropriate county recorder a list of registered voters in that county who have been issued a driver license or the equivalent of an Arizona nonoperating identification license in another state. The county recorder shall promptly send notice by forwardable mail to each person who has obtained a driver license or the equivalent of an Arizona nonoperating identification license in another state and a postage prepaid preaddressed return form requesting the person confirm by signing under penalty of perjury that the person is a resident of this state and is not knowingly registered to vote in another state or confirm that the person is not a resident of this state. The notice shall inform the person that failure to return the form within ninety days will result in the person's registration being placed in inactive status. If the person returns the form within ninety days confirming that the person is a resident of this state, the county recorder shall maintain the registration in active status. If the person fails to return the form within ninety days, the county recorder shall place the person's registration in inactive status.

G. Each month the secretary of state shall compare the statewide voter registration database to the driver license database maintained by the department of transportation.  The secretary of state shall notify the appropriate county recorder if a person who is registered to vote in that county has changed the person's residence address or is not a United States citizen.

H. To the extent practicable, each month the county recorder shall compare the county's voter registration database to the social security administration database.

I. To the extent practicable, each month the county recorder shall compare persons who are registered to vote in that county and who the county recorder has reason to believe are not United States citizens and persons who are registered to vote without satisfactory evidence of citizenship as prescribed by section 16-166 with the systematic alien verification for entitlements program maintained by the United States citizenship and immigration services to verify the citizenship status of the persons registered.

J. For persons who are registered to vote without satisfactory evidence of citizenship as prescribed in section 16-166, the county recorder shall compare the electronic verification of vital events system maintained by a national association for public health statistics and information systems, if accessible, with the information on the person's voter registration file.

K. To the extent practicable, the county recorder shall review relevant city, town, county, state and federal databases to which the county recorder has access to confirm information obtained that requires cancellation of registrations pursuant to this section.

L. After canceling a registration pursuant to this section, the county recorder shall send a notice by forwardable mail informing the person that the person's registration has been canceled, the reason for cancellation, the qualifications of electors pursuant to section 16-101 and instructions on registering to vote if the person is qualified.

M. The secretary of state shall report the following information to the legislature at the end of each quarter:

1. The number of deaths reported to the secretary of state by the department of health services, the number of voter registration cancellation notices issued by the secretary of state to the county recorders as a result of those reports and the number of registrations canceled as a result of those notices.

2. The number of persons reported to the secretary of state who have been issued a driver license or the equivalent of an Arizona nonoperating identification license in another state, the number of notices sent pursuant to subsection E of this section and the number of voter registrations that have been placed in inactive status and the number of voter registrations that have been canceled as a result of those notices.

3. The number of persons who have stated on a jury questionnaire that the person is not a United States citizen, the number of notices sent pursuant to subsection A, paragraph 10 of this section and the number of registrations that have been canceled as a result of those notices.

4. The number of persons who have stated on a jury questionnaire that the person is not a resident of the county, the number of notices sent pursuant to subsection A, paragraph 9, subdivision (b) of this section and the number of registrations that have been canceled as a result of those notices.

5. The number of registrations on the inactive voter list that have been canceled pursuant to subsection A, paragraph 7 of this section.
A.R.S. § 16-312 — Arizona Code / Title 16 / Chapter 3 / Article 2 / Section 312
16-312 Filing of nomination papers for write-in candidates
Status: in_force

16-312. Filing of nomination papers for write-in candidates

A. Any person desiring to become a write-in candidate for an elective office in any election shall be at the time of filing a qualified elector of the county or district the person proposes to represent and shall have been a resident of that county or district for one hundred twenty days before the date of the election, except that for a city or town office, section 9-232 applies with respect to residency for the candidate. The person shall file a nomination paper, signed by the candidate, giving the person's actual residence address or, if the person 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 the district, precinct or municipal office that the person proposes to represent, and the person's age, length of residence in the state and date of birth.

B. A write-in candidate shall file the nomination paper not earlier than one hundred fifty days before the election and not later than 5:00 p.m. on the sixtieth day before the election, except that:

1. A candidate running as a write-in candidate as provided in section 16-343, subsection D shall file the nomination paper not later than 5:00 p.m. on the fifth day before the election.

2. A candidate running as a write-in candidate for an election that may be canceled pursuant to section 16-410 shall file the nomination paper not later than 5:00 p.m. on the one hundred sixth day before the election.

C. The write-in filing procedure shall be in the same manner as prescribed in section 16-311. Any person who does not file a timely nomination paper shall not be counted in the tally of ballots. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided the financial disclosure statement as prescribed for candidates for that office.

D. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a write-in 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.

E. The secretary of state shall notify the various boards of supervisors as to write-in candidates filing with the secretary of state's office. The county school superintendent shall notify the appropriate board of supervisors as to write-in candidates filing with the superintendent's office. The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements. In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed. No other write-ins shall be counted. The election board inspector shall post the notice of official write-in candidates in a conspicuous location within the polling place.

F. Except as provided in section 16-343, subsection E, a candidate may not file pursuant to this section if any of the following applies:

1. For a candidate in the general election, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.

2. For a candidate in the general election, the candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322.

3. For a candidate in the primary election, the candidate filed a nomination petition for the current primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322, withdrew from the primary election after a challenge was filed or was removed from or otherwise determined by court order to be ineligible for the primary election ballot.

4. For a candidate in the general election, the candidate filed a nomination petition for nomination other than by primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-341.

G. 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 presidential electors who will represent that candidate and a statement signed by the vice presidential running mate and designated presidential electors 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.
A.R.S. § 16-222 — Arizona Code / Title 16 / Chapter 2 / Article 3 / Section 222
16-222 Vacancy in the office of United States senator or representative
Status: in_force

16-222. Vacancy in the office of United States senator or representative

A. When a vacancy occurs in the office of United States senator or representative in Congress by reason of death or resignation, or from any other cause and except as provided in subsection D of this section, the vacancy shall be filled at the next general election. At such an election the person elected shall fill the unexpired term of the vacated office.

B. For a vacancy in the office of representative in Congress, if the next general election is not to be held within six months after the date of the occurrence of the vacancy, the governor shall call a special primary election and a special general election to fill the vacancy. The governor shall call the special primary election and establish its date within seventy-two hours after the office is officially declared vacant.  Notwithstanding sections 16-313, 16-351 and 16-542, for a candidate for office at an election held pursuant to this subsection, the following apply:

1. The special primary election shall be held not less than one hundred twenty nor more than one hundred thirty-three days after the occurrence of the vacancy, and the special general election shall be held not less than seventy nor more than eighty days after the special primary election.

2. Nomination papers and nomination petitions shall be filed not later than thirty days after the date of the proclamation calling the election.

3. Any court action challenging the nomination of a candidate shall be filed not later than 5:00 p.m. on the fifth business day after the last day for filing nomination papers and petitions.

4. The superior court shall hear and render a decision within five days after the filing of the action.

5. Beginning fifteen days before the date of the election, the county recorder or other officer in charge of elections shall mail early ballots within forty-eight hours after receipt of a complete and correct early ballot request from persons qualified to vote.

C. For a vacancy in the office of United States senator, the governor shall appoint a person to fill the vacancy. That appointee shall be of the same political party as the person vacating the office and, except as provided in subsection D of this section, shall serve until the person elected at the next general election is qualified and assumes office. If the person vacating the office changed political party affiliation after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.

D. If a vacancy in the office of United States senator occurs more than one hundred fifty days before the next regular primary election date, the person who is appointed pursuant to subsection C of this section shall continue to serve until the vacancy is filled at the next general election.  If a vacancy in the office of United States senator occurs one hundred fifty days or less before the next regular primary election date, the person who is appointed shall serve until the vacancy is filled at the second regular general election held after the vacancy occurs, and the person elected shall fill the remaining unexpired term of the vacated office.

E. For a vacancy in the office of representative in Congress that occurs simultaneously with at least one hundred additional vacancies in the office of representative in Congress as prescribed by 2 United States Code section 8, a special general election to fill the vacancy in this state shall be held not more than forty-nine days after the declaration of the vacancy unless a regularly scheduled general election or previously scheduled special general election is held within seventy-five days after the declaration of the vacancy.
A.R.S. § 16-406 — Arizona Code / Title 16 / Chapter 4 / Article 1 / Section 406
16-406 Public display of voting equipment
Status: in_force

16-406. Public display of voting equipment

The board of supervisors or other authority in charge of elections shall place voting equipment on public display at such times and places as it may determine for the education of voters in their use.
A.R.S. § 16-192 — Arizona Code / Title 16 / Chapter 1.1 / Article 1 / Section 192
16-192 Use of state, special taxing district resources to influence elections; prohibition; civil penalties; definitions
Status: in_force

16-192. Use of state, special taxing district resources to influence elections; prohibition; civil penalties; definitions

A. Notwithstanding any other law, this state and special taxing districts and any public agency, department, board, commission, committee, council or authority shall not spend or use public resources to influence an election, including the use or expenditure of monies, accounts, credit, materials, equipment, buildings, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages and personnel and any other thing of value of the public entity.

B. The prohibition on the use of public resources to influence the outcome of bond, budget override and other tax-related elections includes the use of special taxing district-focused promotional expenditures that occur after an election is called and through election day. This prohibition does not include routine special taxing district communications.

C. This section does not prohibit:

1. The use of public resources, including facilities and equipment, for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints.  The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.

2. The presentation of factual information in a neutral manner for the purposes of educating and informing voters as otherwise provided by law, including information on a bond, budget, override, candidate or other type of election and including publications and activities otherwise prescribed by chapter 6, article 2 of this title for the citizens clean elections commission.

D. The attorney general, the county attorney for the county in which an alleged violation of this section occurs or any resident of the jurisdiction that is alleged to have committed a violation of this section may file an action in the superior court to enforce this section.

E. Any person or public entity that knowingly violates this section or that knowingly aids another person or public entity in violating this section is liable for a civil penalty of not more than five thousand dollars for each violation. The court also may order the person or public entity in violation to pay an additional penalty in an amount that equals the value of the public resources unlawfully used. The civil penalties shall be paid as follows:

1. For civil penalties ordered in an action filed by the attorney general, to the office of the attorney general to defray the costs of enforcement.

2. For civil penalties ordered in an action filed by the county attorney, to the office of the county treasurer for deposit into the general fund of the county.

3. For civil penalties ordered in an action filed by a resident of the jurisdiction in violation, to the resident.

F. This section does not deny the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions.

G. With respect to special taxing districts, this section applies only to those special taxing districts that are organized pursuant to title 48, chapters 5, 6, 8, 10, 13, 14, 15 and 16.

H. For the purposes of this section:

1. "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.

2. "Influence an election" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.

3. "Routine special taxing district communications" means messages or advertisements that are germane to the functions of the special district and that maintain the frequency, scope and distribution consistent with past practices or are necessary for public safety.
A.R.S. § 16-805 — Arizona Code / Title 16 / Chapter 5 / Article 1 / Section 805
16-805 Findings of fact and statement of public policy by the legislature of the state of Arizona concerning steps which must be taken to protect the fundamental rights of the citizens of this state and the safety of this state from international Communistic conspiracy
Status: in_force

16-805. Findings of fact and statement of public policy by the legislature of the state of Arizona concerning steps which must be taken to protect the fundamental rights of the citizens of this state and the safety of this state from international Communistic conspiracy

A. Upon evidence and proof which has been presented before this legislature, other state legislatures, the Congress of the United States and in the courts of the United States and in the courts of the several states; and although recognizing that the federal constitution vests the conduct of foreign relations in the federal government and the federal constitution guarantees to the several states a republican form of government and protection against foreign invasion and domestic violence, this state has the duty of self-preservation and the taking of necessary measures to cooperate with the federal government in the preservation of the peace and safety of the state of Arizona and in order to carry out article II, section 21 of the Arizona Constitution relating to free and equal elections and article VII, section 12 of the Arizona Constitution relating to the enactment of laws to secure the purity of elections; and in order to guard against the abuse of the elective franchise by the Communist Party of the United States which from time to time has qualified as a purported legitimate political party in the state of Arizona; and in order to secure to the citizens of this state their unalienable personal rights and liberty of conscience secured by the provisions of the Constitution of Arizona and in order to protect the peace and safety of the state of Arizona from the overthrow of its constitutional government by force or violence, and of its political subdivisions, the legislature of the state of Arizona finds and declares that, unlike other political parties which have evolved their policy and programs through public means, by the reconciliation of a wide variety of individual views, and submit those policies and programs to the electorate at large for approval or disapproval, the policies and programs of the Communist Party are prescribed for it by the foreign leaders of the world Communist movement.

B. The Communist Party members have no part in determining its goals and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with respect to its objectives and methods, and are organized, instructed and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike legitimate political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Communist Party is relatively small numerically and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional government of the United States, the governments of the several states, and the government of the state of Arizona and its political subdivisions ultimately must be brought to ruin by any available means, including resort to force and violence.

C. The establishment of a totalitarian dictatorship in any country results in the suppression of all opposition to the party in power, the subordination of the rights of individuals to the state, the denial of fundamental rights and liberties which are characteristic of a representative form of government, such as freedom of speech, of the press, of assembly, and of religious worship, and said totalitarian dictatorship ruthlessly suppresses academic freedom and inquiry into any human knowledge except the official doctrines of the dictatorship. This results in the maintenance of control over the people through fear, terrorism and brutality.

D. It is the public policy of this state to protect the safety of the constitutional government of the state of Arizona by constitutional means and at the same time protect the rights of the members of our free society to speak, to assemble and to inquire, including the principle of academic freedom which by fostering healthy self-criticism is especially vital in the progress of man's moral values and in man's exploration of the secrets of the atom on this planet and in outer space. To protect the safety of this state and the right of free citizens in a free society to inquire and to understand totalitarianism, it is essential that the schools, colleges and universities teach objectively and critically the governmental and social forms of past and present totalitarian slave states, including the foreign languages spoken therein. The rights set forth in this subsection do not include the right to embrace Communism or to attempt to persuade others to embrace Communism.

E. The direction and control of the world Communist movement is vested in and exercised by the Communist dictatorship of a foreign country.

F. The Communist dictatorship of such foreign country, in exercising such direction and control and in furthering the purposes of the world Communist movement, establishes or causes the establishment of, and utilizes, in various countries, action organizations which are not free and independent organizations, but are sections of a worldwide Communist organization and are controlled, directed and subject to the discipline of the Communist dictatorship of such foreign country.

G. The Communist action organizations so established and utilized in various countries, acting under such control, direction and discipline, endeavor to carry out the objectives of the world Communist movement by bringing about the overthrow of existing governments by any available means, including force or violence if necessary, and setting up Communist totalitarian dictatorships which will be subservient to the most powerful existing Communist totalitarian dictatorship. Although such organizations usually designate themselves as political parties, they are in fact constituent elements of the worldwide Communist movement and promote the objectives of such movement by conspiratorial and coercive tactics, instead of through the democratic processes of a free elective system or through the freedom-preserving means employed by a legitimate political party which operates as an agency by which people govern themselves.

H. In the United States and in this state those individuals who knowingly and wilfully participate in the world Communist movement, when they so participate, in effect repudiate their allegiance to the United States and this state, and in effect transfer their allegiance to the foreign country in which is vested the direction and control of the world Communist movement.

I. The Communist movement in the several states is an organization numbering thousands of adherents, rigidly and ruthlessly disciplined. Awaiting and seeking to advance at a moment when the several states may be so far extended by foreign engagements, so far divided in counsel, or so far in industrial or financial straits, that overthrow of the government of the United States and of the several states by force or violence may seem possible of achievement, it seeks converts far and wide by an extensive system of schooling and indoctrination. Such preparations by Communist organizations in other countries, including the recent events in the neighboring country of Cuba, have aided in supplanting existing governments. The Communist organization in the United States and in the several states, pursuing its stated objectives, the recent successes of Communist methods in other countries and the nature and control of the world Communist movement itself, present a clear and present danger to the security of the government of the United States, the governments of the several states and the government of the state of Arizona, including its political subdivisions, that make it necessary that the state of Arizona enact appropriate legislation, recognizing the existence of such worldwide Communist conspiracy, and designed to prevent it from accomplishing its purposes in this state and its political subdivisions. Therefore, the Communist Party should not be permitted to avail itself of the privileges, rights and immunities conferred by law upon legitimate political parties.
A.R.S. § 16-413 — Arizona Code / Title 16 / Chapter 4 / Article 2 / Section 413
16-413 Precincts; special district boundaries
Status: in_force

16-413. Precincts; special district boundaries

A. Except as provided in subsection D of this section, the governing body of a special district, except a district organized under title 48, chapter 17, shall establish district election precincts that have the same boundaries as county election precincts pursuant to section 16-411 and designate one polling place within each precinct. In those cases where a district boundary bisects a county election precinct, that portion of the election precinct that is within the district shall be the district election precinct. The governing body may consolidate district election precincts if it deems it necessary and designate one polling place for the election precincts it consolidates.

B. The governing body shall provide the county recorder with a description of the district election precincts no later than sixty days before an election for which signature rosters are to be prepared.

C. In elections to establish special districts, the board of supervisors shall act as the governing body for purposes of this section.

D. If an election is a mail ballot election, the governing body shall not designate polling places but shall determine the number and location of sites where ballots may be returned.
A.R.S. § 16-950 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 950
16-950 Qualification for clean elections funding
Status: in_force

16-950. Qualification for clean elections funding

(Caution:  1998 Prop 105 applies)

A. A candidate who has made an application for certification may also apply, in accordance with subsection B of this section, to receive funds from the citizens clean elections fund, instead of receiving private contributions.

B. To receive any clean elections funding, the candidate must present to the secretary of state no later than one week after the end of the qualifying period a list of names of persons who have made qualifying contributions pursuant to section 16-946 on behalf of the candidate. The list shall be divided by county. At the same time, the candidate must tender to the secretary of state the original reporting slips identified in section 16-946, subsection C for persons on the list and an amount equal to the sum of the qualifying contributions collected. The secretary of state shall deposit the amount into the fund.

C. The secretary of state shall select at random a sample of five per cent of the number of nonduplicative names on the list for a candidate for a statewide office and twenty per cent of the number of nonduplicative names on the list for a candidate for legislative office and shall forward facsimiles of the selected reporting slips to the county recorders for the counties of the addresses specified in the selected slips. Within ten days, the county recorders shall provide a report to the secretary of state identifying as disqualified any slips that are unsigned or undated or that the recorder is unable to verify as matching a person who is registered to vote in the electoral district of the office the candidate is seeking on the date specified on the slip.  The secretary of state shall multiply the number of slips not disqualified by twenty for statewide candidates, and shall multiply the number of slips not disqualified by five for legislative candidates, and if the result is greater than one hundred ten per cent of the quantity required, shall approve the candidate for funds, and if the result is less than one hundred ten per cent of the quantity required, the secretary of state shall forward facsimiles of all of the slips to the county recorders for verification, and the county recorders shall check all slips in accordance with the process above. A county recorder shall not check slips already verified.  A county recorder shall report verified totals daily to the secretary of state until a determination is made that a sufficient number of verified slips has been submitted. If a sufficient number of verified slips has been submitted to one or more county recorders, the county recorders may stop the verification process.

D. To qualify for clean elections funding, a candidate must have been approved as a participating candidate pursuant to section 16-947 and have obtained the following number of qualifying contributions:

1. For a candidate for legislature, two hundred.

2. For candidate for mine inspector, five hundred.

3. For a candidate for treasurer, superintendent of public instruction or corporation commission, one thousand five hundred.

4. For a candidate for secretary of state or attorney general, two thousand five hundred.

5. For a candidate for governor, four thousand.

E. To qualify for clean elections funding, a candidate must have met the requirements of this section and either be an independent candidate or meet the following standards:

1. To qualify for funding for a party primary election, a candidate must have properly filed nominating papers and nominating petitions with signatures pursuant to chapter 3, articles 2 and 3 of this title in the primary of a political organization entitled to continued representation on the official ballot in accordance with section 16-804.

2. To qualify for clean elections funding for a general election, a candidate must be a party nominee of such a political organization.
A.R.S. § 16-593 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 593
16-593 Rules determining residence of voter upon challenge; reading of rules upon request
Status: in_force

16-593. Rules determining residence of voter upon challenge; reading of rules upon request

A. The election board, in determining the place of residence of a person, shall be governed by the following rules, so far as applicable:

1. The residence of a person is that place in which his habitation is fixed and to which he has the intention of returning when absent.

2. A person does not gain or lose his residence by reason of his presence at or absence from a place while employed in the service of the United States or of this state, or while engaged in navigation, or while a student at an institution of learning or while kept in an almshouse, asylum or prison.

3. A person does not lose his residence by leaving his home to go to another county, state or foreign country for merely temporary purposes, with the intention of returning.

4. A person does not gain a residence in any county into which he comes for merely temporary purposes, without the intention of making that county his home.

5. If a person removes to another state with the intention of making it his residence, he loses his residence in this state.

6. If a person removes to another state with the intention of remaining there for an indefinite time, and of making the place his present residence, he loses his residence in this state, even though he has an intention of returning at some future period.

7. The place where a person's family permanently resides is his residence, unless he is separated from his family, but if it is a place of temporary establishment for his family, or for transient purposes, it is otherwise.

8. If a person has a family residing in one place and he does business in another, the former is his place of residence, but a person having a family who has taken up his abode with the intention of remaining and whose family does not so reside with him shall be regarded as a resident where his abode has been taken.

9. A United States citizen who has never resided in the United States is eligible to vote in this state by using a federal write-in early ballot as prescribed in sections 16-103 and 16-543.02 if both of the following apply:

(a) A parent is a United States citizen.

(b) The parent is registered to vote in this state.

10. The mere intention of acquiring a new residence without the act of removal avails nothing and neither does the act of removal without the intention.

B. The term of residence shall be computed by including the day on which the person's residence commenced and by excluding the day of election.

C. Before administering an oath to a person touching his residence, the inspector, if requested by any person, shall read to the person challenged the rules set forth in subsection A of this section.
A.R.S. § 16-250 — Arizona Code / Title 16 / Chapter 2 / Article 4 / Section 250
16-250 Expenses of election
Status: in_force

16-250. Expenses of election

A. The secretary of state in consultation with the county recorders and the county officers in charge of elections shall include in the budget request for the department of state sufficient monies from the state general fund to conduct the presidential preference election prescribed by this article.

B. Reimbursement of charges incurred by the counties for the presidential preference election shall be made in the amount of $1.25 for each active registered voter in the county on January 2 of the year of the presidential preference election as evidenced by a proper claim submitted to the secretary of state.  If the secretary of state determines that reimbursement at the rate prescribed by this subsection would jeopardize the ability of a county to comply with federal and state laws and regulations, the secretary of state may release the county from that rate of reimbursement.
A.R.S. § 16-247 — Arizona Code / Title 16 / Chapter 2 / Article 4 / Section 247
16-247 Write-in candidates prohibited
Status: in_force

16-247. Write-in candidates prohibited

Votes shall be counted and canvassed only for those candidates whose names appear on the presidential preference election ballot and write-in candidates are prohibited.
A.R.S. § 16-184 — Arizona Code / Title 16 / Chapter 1 / Article 6 / Section 184
16-184 Additional violations; classification
Status: in_force

16-184. Additional violations; classification

A. Any person who knowingly swears falsely to an affidavit required under the provisions of this chapter is guilty of a class 5 felony unless another classification is specifically prescribed in this chapter.

B. An officer of an election who knowingly fails or refuses to perform any duty required of him under this chapter is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this chapter.
A.R.S. § 16-545 — Arizona Code / Title 16 / Chapter 4 / Article 8 / Section 545
16-545 Early ballot
Status: in_force

16-545. Early ballot

A. The early ballot shall be one prepared for use in the precinct in which the applicant resides and, if a partisan primary election, of the political party with which the applicant is affiliated as shown by the affidavit of registration. The ballot shall be identical with the regular official ballots, except that it shall have printed or stamped on it "early".

B. The officer charged by law with the duty of preparing ballots at any election shall:

1. Prepare the official early ballot and deliver a sufficient number to the recorder or other officer in charge of elections not later than the thirty-third day before the election. Except as provided in section 16-542, subsection D, regular early ballots shall not be distributed to the general public before the beginning of early voting.

2. Ensure that the ballot return envelopes are of a type that does not reveal the voter's selections or political party affiliation and that is tamper evident when properly sealed.
A.R.S. § 16-943 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 943
16-943 Criminal violations and penalties
Status: in_force

16-943. Criminal violations and penalties

(Caution: 1998 Prop. 105 applies)

A. A candidate, or any other person acting on behalf of a candidate, who knowingly violates section 16-941 is guilty of a class 1 misdemeanor.

B. Any person who knowingly pays any thing of value or any compensation for a qualifying contribution as defined in section 16-946 is guilty of a class 1 misdemeanor.

C. Any person who knowingly provides false or incomplete information on a report filed under section 16-958 is guilty of a class 1 misdemeanor.
A.R.S. § 16-204 — Arizona Code / Title 16 / Chapter 2 / Article 1 / Section 204
16-204 Declaration of statewide concern; consolidated election dates; definition
Status: in_force

16-204. Declaration of statewide concern; consolidated election dates; definition

A. The legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern.  This section preempts all local laws, ordinances and charter provisions to the contrary.

B. For elections held before 2014 and notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an election held for or on behalf of a county, city or town, a school district, a community college district or special districts organized pursuant to title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following dates:

1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections, including recall elections and special elections to fill vacancies, shall be held on:

(a) The second Tuesday in March.

(b) The third Tuesday in May.

(c) The tenth Tuesday before the first Tuesday after the first Monday in November.

(d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.

2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on:

(a) The tenth Tuesday before the first Tuesday after the first Monday in November.

(b) The first Tuesday after the first Monday in November.

C. For elections held before 2014, for any city or town, including a charter city, that holds its regularly scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2 of this section, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election.

D. Subsections B and C of this section do not apply to an election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII, section 2 or 3 or article XII, section 5, Constitution of Arizona.

E. Beginning with elections held in 2014 and later and notwithstanding any other law or any charter or ordinance to the contrary, a candidate election held for or on behalf of any political subdivision of this state other than a special election to fill a vacancy or a recall election may only be held on the following dates and only in even-numbered years:

1. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November.  Beginning in 2020 and later, the election shall be held on the first Tuesday in August. If the political subdivision holds a primary or first election and a general or runoff election is either required or optional for that political subdivision, the first election shall be held on this date, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term.

2. The first Tuesday after the first Monday in November. If the political subdivision holds a general election or a runoff election, the second election held shall be held on this date. If the political subdivision holds only a single election and no preliminary or primary or other election is ever held for the purpose of reducing the number of candidates, or receiving a partisan nomination or designation or for any other purpose for that political subdivision, the single election shall be held on this date.

F. Beginning with elections held in 2014 and later that are not candidate elections, an election held for or on behalf of any political subdivision of this state, and including a special election to fill a vacancy or a recall election, may only be held on the following dates:

1. The second Tuesday in March.

2. The third Tuesday in May.

3. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November.  Beginning in 2020 and later, the election shall be held on the first Tuesday in August.

4. The first Tuesday after the first Monday in November.  Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.  Notwithstanding any other law, an election must be held on the date specified in this paragraph and only in even-numbered years for the approval of or authorizing the assessment of transaction privilege taxes by a county, city or town.

G. Notwithstanding any other law, for an election administered by a county recorder or other officer in charge of elections on behalf of a city, town or school district and that is an all mail ballot election for that city, town or school district, the county recorder or other officer in charge of elections may use a unified ballot format that combines all of the issues applicable to the voters in the city, town or school district requesting the all mail ballot election.

H. For the purposes of this section, "political subdivision" means any governmental entity operating under the authority of this state and governed by an elected body, including a city, town, county, school district or community college district or any other district organized under state law but not including a special taxing district.
A.R.S. § 16-650 — Arizona Code / Title 16 / Chapter 4 / Article 11 / Section 650
16-650 Declaration of election to office; delivery of certificate of election
Status: in_force

16-650. Declaration of election to office; delivery of certificate of election

The secretary of state shall declare elected the person receiving the highest number of votes cast for each office for which the nominees filed nominating petitions and papers with the secretary of state pursuant to section 16-311, subsection B and shall, unless enjoined from so doing by an order of court, deliver to each such person, upon compliance with the provisions imposed by law upon candidates for office as conditions precedent to the issuance of the certificates, a certificate of election, signed by the secretary of state and authenticated with the great seal of the state.
A.R.S. § 16-1015 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1015
16-1015 Election wagers; classification
Status: in_force

16-1015. Election wagers; classification

A person who, before or during an election provided by law, knowingly makes, offers or accepts a bet or wager, or takes a share or interest in, or in any manner becomes a party to the bet or wager, or provides or agrees to provide money to be used by another in making the bet or wager, upon any contingency whatever arising out of such election, is guilty of a class 2 misdemeanor.
A.R.S. § 16-408 — Arizona Code / Title 16 / Chapter 4 / Article 1 / Section 408
16-408 Cost of special district elections; bond
Status: in_force

16-408. Cost of special district elections; bond

A. The cost of all special district elections provided in this title, including the preparation of ballots and signature comparison, shall be charged against the funds of the special district pursuant to law.

B. At the time of filing a petition for the formation of a special district, or at any time thereafter but before publication of the call of election, a bond shall be filed by the petitioners, with security approved by the board of supervisors, sufficient to pay the expenses connected with the proceedings in case the election to form the district fails.

C. If at any time during the proceedings the board determines the bond to be insufficient, it may order the filing of an additional bond within a fixed time.

D. The governing body of any election district authorized to conduct an election may contract with the board of supervisors and county recorder for election services. The contracted cost of such special elections shall be a charge against the election district.
A.R.S. § 16-126 — Arizona Code / Title 16 / Chapter 1 / Article 2 / Section 126
16-126 Authority to vote in presidential election after moving from state
Status: in_force

16-126. Authority to vote in presidential election after moving from state

A. Each person who is properly registered as an elector in any precinct in this state and who has begun residence in another state after the thirtieth day immediately preceding an election in which presidential electors are chosen shall retain his right to vote for presidential electors to be elected, but for no other offices in such election. Such vote may be cast by early ballot in the precinct from which he has removed, in person at the office of the county recorder or by mail.

B. Ballots cast by early voting procedures pursuant to this section shall be in the form prescribed by the secretary of state.

C. All applicants pursuant to this section shall have their registration canceled promptly following the election.
A.R.S. § 16-821 — Arizona Code / Title 16 / Chapter 5 / Article 2 / Section 821
16-821 County committee; vacancy in office of precinct committeeman
Status: in_force

16-821. County committee; vacancy in office of precinct committeeman

A. At the primary election the members of a political party entitled to representation pursuant to section 16-804 residing in each precinct shall choose one of their number as a county precinct committeeman, and the members shall choose one additional precinct committeeman for each one hundred twenty-five voters or major fraction thereof registered in the party in the precinct as reported pursuant to section 16-168, subsection G on January 2 of the year in which the general election is held. The whole number of precinct committeemen of a political party shall constitute the county committee of the party.

B. The board of supervisors upon the recommendation of the county chairman, or the recommendation of a committee designated in the bylaws of the county committee for that purpose, shall determine when a vacancy exists in the office of precinct committeeman. If a vacancy exists, the vacancy shall be filled by the board of supervisors from a list of names submitted by the county chairman of the appropriate political party. Only a precinct committeeman elected at the primary election prior to the date of a state or county committee organizing meeting shall be permitted to vote at such meeting. The criteria used to establish when a vacancy exists in the office of precinct committeeman shall be as established in section 38-291.
A.R.S. § 16-532 — Arizona Code / Title 16 / Chapter 4 / Article 7 / Section 532
16-532 Instruction of election board inspectors and judges; certificate of qualification; optional training; instruction of counting center election officials
Status: in_force

16-532. Instruction of election board inspectors and judges; certificate of qualification; optional training; instruction of counting center election officials

A. Not more than forty-five days before to an election the board of supervisors or other authority in charge of elections shall conduct a class for the instruction of inspectors and judges of the election board in their duties, which shall include instruction in the voting system to be used and the election laws applicable to such election. Each election board member receiving instructions and properly qualified shall receive a certificate of qualification. Only inspectors and judges of the election board who have received the required instruction class shall serve at any election, except as provided pursuant to sections 16-533 and 16-534. Other members of the election board may be trained at the same time.

B. The instructor of election board members shall be qualified in election law and shall have had practical experience in the election process such person is teaching.

C. The election authority in charge of the instructional classes may conduct multiple sessions to ensure that election board members receive adequate instruction.

D. The board of supervisors or other officer in charge of elections may approve an alternate method of instruction and testing for election board members. Each election board member who successfully completes the instruction shall be certified as a premium board worker. This instruction may include at least eight classroom hours of instruction and shall include a written examination on election law and election procedures. Except as provided in subsection E of this section, a certified premium board worker shall not be required to receive additional instruction for at least thirty months from the date of that worker's individual certification. The board of supervisors may approve additional compensation for certified premium board workers.

E. The board of supervisors or other authority in charge of elections may require additional training at any time for any or all election board workers, including premium board workers. The board of supervisors or other authority in charge of elections shall notify election board workers in writing of changes in the law regarding elections or changes in election procedures. This notification shall be made immediately preceding the election in which the statutory change or procedural change regarding election law becomes effective.

F. Not more than forty-five days prior to the day of an election, the board of supervisors or other authority in charge of elections shall conduct a class for the deputized counting center election officials in their duties.
A.R.S. § 16-1103 — Arizona Code / Title 16 / Chapter 8 / Article 1 / Section 1103
16-1103 Legislative and congressional redistricting; census enumeration
Status: in_force

16-1103. Legislative and congressional redistricting; census enumeration

For purposes of adopting legislative and congressional district boundaries, the legislature or any entity that is charged with recommending or adopting legislative or congressional district boundaries shall make its recommendations or determinations using population data from the United States bureau of the census identical to those from the actual enumeration conducted by the bureau for the apportionment of the representatives of the United States house of representatives in the United States decennial census and shall not use census bureau population counts derived from any other means, including the use of statistical sampling, to add or subtract population by inference.
A.R.S. § 16-503 — Arizona Code / Title 16 / Chapter 4 / Article 6 / Section 503
16-503 Duty to prepare and provide ballots; cost of printing ballots and instruction cards as public expense
Status: in_force

16-503. Duty to prepare and provide ballots; cost of printing ballots and instruction cards as public expense

A. The board of supervisors, and in city and town elections, the city or town clerk, shall prepare and provide ballots containing the names of all persons whose certificates of nomination have been filed with them. The ballots shall be printed and ready for inspection by the candidates and their agents at least ten days before a general election and at least five days before a city or town election.

B. All ballots cast in elections for public office within the state, and the cards of instruction to voters, shall be printed, delivered and distributed at public expense and shall be a county charge, but when used at local elections shall be a charge against the city or town in which the local election is held.

C. For special district elections the governing body is responsible for the duties and charges as provided in subsections A and B.
A.R.S. § 16-533 — Arizona Code / Title 16 / Chapter 4 / Article 7 / Section 533
16-533 Filling vacancy in election board by electors
Status: in_force

16-533. Filling vacancy in election board by electors

If the board of supervisors fails to appoint the board of election, or if all members appointed do not attend at the opening of the polls on the morning of the election, the members of the election board of the precinct present at that hour may fill the board or supply the place of an absent member thereof from the list of alternate election board members supplied by the county chairman of the political party from which another election board member is needed to maintain a political party balance. Such alternate board member is not required to be a qualified elector in the precinct for which the election board is serving.
A.R.S. § 16-230 — Arizona Code / Title 16 / Chapter 2 / Article 3 / Section 230
16-230 Vacancy in certain state or county offices; election
Status: in_force

16-230. Vacancy in certain state or county offices; election

A. Notwithstanding any other statute and except as prescribed by subsection C of this section, for state and county offices that provide for a four-year term of office, the following applies if there is a vacancy in office due to death, disability, resignation or any other cause:

1. If a state office becomes vacant, the governor shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.  If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.

2. If a county office becomes vacant, the board of supervisors shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.  If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.

B. A person who is elected to fill the remainder of an unexpired term of a vacant office pursuant to subsection A of this section may take the oath of office and begin the remainder of the term of office at any time within ninety days after the canvass of the election.  A person who is appointed pursuant to subsection A of this section shall remain in office until the person elected pursuant to this subsection takes the oath of office.

C. This section does not apply to the office of governor.
A.R.S. § 16-612 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 612
16-612 Determination of write-in choice of voter
Status: in_force

16-612. Determination of write-in choice of voter

A. When the printed name of a candidate is followed by the name of another person written on the ballot by the voter in the space provided for that purpose, and a mark as defined in section 16-400 appears in the space after either the printed or the written names, but not both, the printed name shall be rejected and the written one counted, and the action of the board shall be noted on the back of the ballot and signed by a majority of the election board.

B. If the name of a person appears as having been voted for two or more times for the same office, the ballot shall be counted as one vote.

C. If an elector writes on his ballot the name of any person who is a candidate for any office on some other ballot than that on which his name is so written, such elector shall thereby invalidate his vote for that particular office, but the vote on the remainder of the ballot shall be counted.
A.R.S. § 16-407.02 — Arizona Code / Title 16 / Chapter 4 / Article 1 / Section 407.02
16-407.02 Elections training classes; statement; water; registration form
Status: in_force

16-407.02. Elections training classes; statement; water; registration form

Notwithstanding any other law, rule or regulation, from and after January 1, 2011 the secretary of state's office may provide bottled water at any election training class if the election training class registration form clearly states that a portion of the registration fee will be used for hydration.
A.R.S. § 16-169 — Arizona Code / Title 16 / Chapter 1 / Article 5 / Section 169
16-169 Disposition and use of precinct registers; signature roster; form
Status: in_force

16-169. Disposition and use of precinct registers; signature roster; form

A. Upon completion of the precinct registers, the county recorder shall certify to their completeness and correctness and shall transmit them to the election boards. A copy shall be retained by the county recorder in either print or electronic media for verification purposes on election day, and then that copy shall be delivered by the recorder to the early election boards. The board of election shall use the original of the precinct register, which shall be known as the "signature roster", for identifying the electors qualified to vote in the precinct and may use the remaining copies to process voters or may place them in a convenient place outside the poll limits for use by the electors.

B. If paper signature rosters are used, the signature roster shall be bound with suitable covers and shall bear on the outside front cover the title, "signature roster ____________ precinct, ________________ county, Arizona."  On the cover shall appear, printed or typed, a certificate to be signed by the inspector substantially as follows:

I,  , inspector of the board of election of _______ precinct, ________ county, Arizona hereby certify that the foregoing (excepting signatures in red) are true and correct signatures of all electors who voted in   precinct on           .

(date)

(inspector)

C. If electronic media poll book systems are used for signature rosters, a separate affidavit shall be supplied for the inspector's signature that is in substantially the same format as prescribed in subsection B of this section.
A.R.S. § 16-624 — Arizona Code / Title 16 / Chapter 4 / Article 10 / Section 624
16-624 Disposition of official returns and ballots
Status: in_force

16-624. Disposition of official returns and ballots

A. After the canvass has been completed, the officer in charge of elections shall deposit the package or envelope containing the ballots in a secure facility managed by the county treasurer, who shall keep it unopened and unaltered for twenty-four months for elections for a federal office or for six months for all other elections, at which time he shall destroy it without opening or examining the contents.

B. Irregular ballots shall be preserved for six months after the election and the packages containing them may be opened and the contents examined only upon an order of court. At the expiration of such time, the ballots may be disposed of in the discretion of the officer or board having charge of them.

C. The officer in charge of elections shall produce the other packages or envelopes before the board of supervisors when it is in session for the purpose of canvassing the returns.

D. If a recount is ordered or a contest begun within six months, the county treasurer may be ordered by the court to deliver to it the packages or envelopes containing the ballots, and thereupon they shall be in the custody and control of the court.
A.R.S. § 16-710 — Arizona Code / Title 16 / Chapter 4 / Article 14 / Section 710
16-710 Compensation and mileage of delegates
Status: in_force

16-710. Compensation and mileage of delegates

Delegates shall receive ten dollars each day they are assembled in convention and mileage one way from the place of their residence to the capitol by the shortest practical route at the rate of twenty cents per mile.
A.R.S. § 16-579.01 — Arizona Code / Title 16 / Chapter 4 / Article 9 / Section 579.01
16-579.01 Early ballots; on-site tabulation
Status: in_force

16-579.01. Early ballots; on-site tabulation

A. Every county recorder or other officer in charge of elections may provide for a qualified elector who appears at that elector's designated polling location or at a voting center on election day with the elector's voted early ballot to have the elector's voted early ballot tabulated as prescribed in section 16-579.02.

B. The county recorder or other officer in charge of elections shall do all of the following if the on-site tabulation of early ballots is allowed:

1. Designate an area within a precinct or voting center for processing electors with their voted early ballots that is physically separate from the area for voters who are voting pursuant to section 16-579.

2. Provide adequate poll workers, election officials and equipment necessary to conduct voting pursuant to this section and section 16-579.02.

3. Categorize and tally separately in the official canvass and other reports electors whose voted early ballots are tabulated at the precinct or voting center.  The tally shall be reported by precinct in the official canvass and other voting reports.

4. Reconcile for that polling place or voting center the number of electors who appear on the signature roster or e-pollbook with the number of completed early ballot affidavits and the voted early ballots tabulated on-site.
A.R.S. § 16-1009 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1009
16-1009 Failure or refusal to perform duty by election officer; classification
Status: in_force

16-1009. Failure or refusal to perform duty by election officer; classification

A public officer upon whom a duty is imposed by this title, who knowingly fails or refuses to perform that duty in the manner prescribed by law, is guilty of a class 3 misdemeanor.
A.R.S. § 16-1016 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1016
16-1016 Illegal voting; pollution of ballot box; removal or destruction of ballot box, poll lists or ballots; violation; classification
Status: in_force

16-1016. Illegal voting; pollution of ballot box; removal or destruction of ballot box, poll lists or ballots; violation; classification

A person is guilty of a class 5 felony who:

1. Not being entitled to vote, knowingly votes.

2. Knowingly votes more than once at any election.

3. Knowingly votes in two or more jurisdictions in this state for which residency is required for lawful voting and the person is not a resident of all jurisdictions in which the person voted. For the purposes of this paragraph, a person has only one residence for the purpose of voting.

4. Knowingly votes in this state in an election in which a federal office appears on the ballot and votes in another state in an election in which a federal office appears on the ballot and the election day for both states is the same date.

5. Knowingly gives to an election official two or more ballots folded together.

6. Knowingly changes or destroys a ballot after it has been deposited in the ballot box.

7. Knowingly adds a ballot to those legally cast at any election, by fraudulently introducing the ballot into the ballot box either before or after the ballots in the ballot box have been counted.

8. Knowingly adds to or mixes with ballots lawfully cast, other ballots, while they are being canvassed or counted, with intent to affect the result of the election, or to exhibit the ballots as evidence on the trial of an election contest.

9. Knowingly and unlawfully carries away, conceals or removes a poll list, ballot or ballot box from the polling place, or from possession of the person authorized by law to have custody thereof.

10. Knowingly destroys a polling list, ballot or ballot box with the intent to interrupt or invalidate the election.

11. Knowingly detains, alters, mutilates or destroys ballots or election returns.

12. Knowingly provides a mechanism for voting to another person who is registered in another state, including by forwarding an early ballot addressed to the other person.
A.R.S. § 16-534 — Arizona Code / Title 16 / Chapter 4 / Article 7 / Section 534
16-534 Inspector as chairman of board; powers; power of board and clerks to administer oaths; oath of members
Status: in_force

16-534. Inspector as chairman of board; powers; power of board and clerks to administer oaths; oath of members

A. The inspector shall be chairman of the election board and may appoint judges, clerks and a marshal if during the election a judge, clerk or marshal fails to act, or has not been appointed, and if the list of alternate board members as specified in section 16-533 is not available.

B. The inspector, any member of the election board or clerks thereof may administer and certify oaths required in the election.

C. Before opening the polls, each member of the board and each clerk shall take an oath to faithfully perform the duties imposed on each member and clerk by law. Any elector of the precinct may administer and certify the oath.
A.R.S. § 16-315 — Arizona Code / Title 16 / Chapter 3 / Article 2 / Section 315
16-315 Form of petitions; registration of circulators
Status: in_force

16-315. Form of petitions; registration of circulators

A. The nomination petitions shall be in substantially the following form:

1. Petitions shall be on paper eleven inches wide and eight and one-half inches long.

2. Petitions shall be headed by a caption stating the purpose of the petition, followed by the body of the petition stating the intent of the petitioners.

3. There shall be ten lines spaced one-half of an inch apart and consecutively numbered one through ten.

4. The signature portion of the petition shall be divided into columns headed by the following titles:

(a) Signature.

(b) Printed name.

(c) Actual residence address, description of place of residence or Arizona post office box address, city or town.

(d) Date of signing.

5. A photograph of the candidate may appear on the nomination petition.

B. The following shall appear on the petition:

Instructions for Circulators

1. All petitions shall be signed by circulator.

2. Circulator is not required to be a resident of this state but otherwise must be qualified to register to vote in this state and, if not a resident of this state, shall register as a circulator with the secretary of state.

3. Circulator's name shall be typed or printed under the circulator's signature.

4. Circulator's actual residence address or, if no street address, a description of residence location shall be included on the petition.

C. The secretary of state shall prepare sample nomination petition forms and distribute the forms to all election officers.

D. Circulators who are not residents of this state must be registered as circulators with 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 register pursuant to this subsection. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16-452 a procedure for registering circulators and receiving service of process.

E. 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. § 16-512 — Arizona Code / Title 16 / Chapter 4 / Article 6 / Section 512
16-512 Displaying United States flag at polls
Status: in_force

16-512. Displaying United States flag at polls

The board of supervisors shall provide for the display of the flag of the United States in or near every polling place on election days during the hours the polls are open. This section shall apply only to elections over which the county board of supervisors has jurisdiction.
A.R.S. § 16-823 — Arizona Code / Title 16 / Chapter 5 / Article 2 / Section 823
16-823 Legislative district committee; organization; boundary change; reorganization
Status: in_force

16-823. Legislative district committee; organization; boundary change; reorganization

A. A political party entitled to representation on the ballot pursuant to section 16-801 or 16-804 may establish a district party committee for any legislative district as prescribed by law.

B. A district party committee established pursuant to subsection A of this section shall consist of the precinct committeemen residing in the district and elected pursuant to section 16-821.

C. Each district party committee established pursuant to subsection A of this section shall meet no earlier than the second Saturday after the general election provided for in section 16-211 and no later than the first Saturday in the following December and organize by electing from its membership a chairman, two vice chairmen, a secretary and a treasurer. The latter two offices may be filled by the same person. In addition, the district party committee shall elect state committeemen as prescribed by section 16-825.  The chairman of the district committee is ex officio a member of the county committee of the county in which a plurality of the district's registered voters resides.

D. Each district party committee established pursuant to subsection A of this section shall meet after the effective date of reapportionment legislation that realigns or changes legislative district boundaries and organize according to the new boundaries, electing from its membership a chairman, two vice chairmen, a secretary and a treasurer.  The latter two offices may be filled by the same person. In addition, the district party committee shall elect state committeemen as prescribed by section 16-825.  The chairman of the district committee is ex officio a member of the county committee of the county in which a plurality of the district's registered voters resides. The effective date for reapportionment legislation as provided in this subsection shall be as provided in article IV, part 1, section 1, Constitution of Arizona.

E. In the event the reapportionment legislation is challenged in court or by the United States justice department, the district organizations in effect before the passage of the reapportionment legislation shall continue to function along with the new district organizations created in accordance with subsection D of this section until the final settlement or adjudication of any legal challenge to the reapportionment legislation. On the final settlement or adjudication of any legal challenge to the reapportionment legislation the district organizations in effect before the enactment of the reapportionment legislation are considered dissolved.

F. If the boundaries of any district are changed as a result of legal action, each district party committee in that district shall meet as soon as possible and organize according to the boundaries that result from the legal action. On organization pursuant to this subsection all prior district organizations are dissolved.

G. For the purposes of the election prescribed in subsection D of this section the district committee shall consist of all precinct committeemen residing in the district who were serving in that position at least thirty days before the enactment of reapportionment legislation.

H. The chairman of the legislative district committee shall give notice of the time and place of the meetings prescribed by this section by United States mail to each precinct committeeman at least ten days before the date of the meeting.  If the precinct committeeman has provided a valid e-mail address and has authorized the chairman to give notice to the precinct committeeman by e-mail instead of by United States mail, the chairman of the legislative district committee shall provide notice of the meeting by e-mail at least ten days before the date of the meeting.
A.R.S. § 16-228 — Arizona Code / Title 16 / Chapter 2 / Article 3 / Section 228
16-228 Notice of election for nonpartisan elections
Status: in_force

16-228. Notice of election for nonpartisan elections

A. The governing body shall publish a notice of election at least twice in a newspaper of general circulation in the election district in which a nonpartisan election is being held not less than one week apart during the six calendar weeks preceding twenty days before the election. If there is not a newspaper of general circulation in the election district, the governing body shall post the call of election on the governing body's public website and at other locations at which the governing body customarily posts public notice of the governing body's public meetings. This notice shall contain at least:

1. The date of the election.

2. The location of the polls.

3. The hours the polls will be open.

4. The purpose of the election.

5. The election district conducting the election.

B. In lieu of publishing the notice described in subsection A of this section, the governing body may, and for a nonresident qualified elector of any special district shall, mail a notice of election to each household containing a qualified elector of the district. The notice shall contain the same information described in subsection A, paragraphs 1, 4 and 5 of this section and the polling place for that household's qualified electors and the times it is open. Mailings may be made over a period of days but shall be mailed in order to be delivered to households before the earliest date of mailing to registered voters of any requested early ballots for that election.

C. In mail ballot elections, the governing body shall publish a notice of election at least twice in a newspaper of general circulation in the special district in which the election is being held once a week during each of the two weeks immediately preceding the thirty days before the election. This notice shall contain at least:

1. The date of the election.

2. The date ballots will be mailed.

3. The deadline and location for return of the ballots.

4. The method for obtaining a replacement if a ballot is destroyed, lost, spoiled or not received.

5. A statement that no polling place will be provided.

6. The name of the district that is conducting the election.

7. The qualifications of electors.

D. In lieu of publishing the notice described in subsection C of this section, the governing body may, and for a nonresident qualified elector of any special district shall, mail a notice of election to each household containing a qualified elector of the district. The notice shall contain the same information described in subsection C of this section and shall be mailed not later than forty-five days before the election.
A.R.S. § 16-120 — Arizona Code / Title 16 / Chapter 1 / Article 2 / Section 120
16-120 Eligibility to vote
Status: in_force

16-120. Eligibility to vote

A. An elector shall not vote in an election called pursuant to the laws of this state unless the elector has been registered to vote as a resident within the boundaries or the proposed boundaries of the election district for which the election is being conducted and the registration has been received by the county recorder or the recorder's designee pursuant to section 16-134 before midnight of the twenty-ninth day preceding the date of the election.

B. If the twenty-ninth day preceding the date of the election falls on a Saturday, Sunday or other legal holiday, voter registrations that are received on the next business day immediately following the Saturday, Sunday or other legal holiday are deemed to have been timely received for purposes of voting in that election.
A.R.S. § 16-202 — Arizona Code / Title 16 / Chapter 2 / Article 1 / Section 202
16-202 Notice of offices for which candidates are to be nominated at primary
Status: in_force

16-202. Notice of offices for which candidates are to be nominated at primary

At least one hundred twenty days before the date of a regular primary election, the secretary of state shall prepare and transmit to the board of supervisors of each county a notice in writing designating the state and federal offices for which candidates are to be nominated at the primary election.
A.R.S. § 16-243 — Arizona Code / Title 16 / Chapter 2 / Article 4 / Section 243
16-243 National convention delegates; vote for candidates
Status: in_force

16-243. National convention delegates; vote for candidates

A. The selection of delegates to the political party national conventions shall be as provided in the bylaws of each state party.

B. At the political party national convention, each delegate to the national convention shall vote for the party's presidential nominee candidate who received the greatest number of votes in the presidential preference election until the candidate is nominated for the office of President of the United States by the convention, until the candidate releases the delegate from the delegate's obligation, until a candidate withdraws from the race or until one convention nominating ballot has been taken.  After a candidate is nominated, withdraws from the race, delegates are released or one ballot is taken, each delegate is free to vote as the delegate chooses, and no rule may be adopted by a delegation requiring the delegation to vote as a body or causing the vote of any delegate to go uncounted or unreported.
A.R.S. § 16-123 — Arizona Code / Title 16 / Chapter 1 / Article 2 / Section 123
16-123 Proof of location of residence
Status: in_force

16-123. Proof of location of residence

Except for persons who register pursuant to section 16-103, a person who registers to vote shall provide an identifying document that establishes proof of location of residence. Any of the identifying documents prescribed in section 16-579, subsection A, paragraph 1 constitutes satisfactory proof of location of residence. Compliance with this section does not satisfy the residency requirements in section 16-101 or 16-593 and only constitutes confirmation of the address on the applicant's application at the time of registration. A valid and unexpired Arizona driver license or nonoperating identification number that is properly verified by the county recorder satisfies the requirements of this section.
A.R.S. § 16-678 — Arizona Code / Title 16 / Chapter 4 / Article 13 / Section 678
16-678 Inapplicability of article to contests of election of legislators
Status: in_force

16-678. Inapplicability of article to contests of election of legislators

Nothing in this article shall be deemed to affect in any manner procedures relating to contests of elections of members of the legislature.
A.R.S. § 16-827 — Arizona Code / Title 16 / Chapter 5 / Article 2 / Section 827
16-827 Executive committee of state committee
Status: in_force

16-827. Executive committee of state committee

The executive committee of the state committee shall consist of the elected officers of the state committee, the national committeeman and committeewoman, the county chairman and first and second county vice-chairmen from each county, and three members at large from each congressional district. State committee bylaws may provide for additional voting or ex officio members of the executive committee of the state committee. The chairman of the state committee shall be ex officio chairman of the executive committee.
A.R.S. § 16-706 — Arizona Code / Title 16 / Chapter 4 / Article 14 / Section 706
16-706 Meeting of delegates in convention
Status: in_force

16-706. Meeting of delegates in convention

The delegates to the convention shall meet at the capitol on the twenty-eighth day after their election at ten o'clock a.m. and shall thereupon constitute a convention to consider and vote upon the question of whether or not the proposed amendment shall be ratified.
A.R.S. § 16-947 — Arizona Code / Title 16 / Chapter 6 / Article 2 / Section 947
16-947 Certification as a participating candidate
Status: in_force

16-947. Certification as a participating candidate

(Caution:  1998 Prop 105 applies)

A. A candidate who wishes to be certified as a participating candidate shall file, before the end of the qualifying period, an application with the secretary of state, in a form specified by the citizens clean elections commission.

B. The application shall identify the candidate, the office that the candidate plans to seek and the candidate's party, if any, and shall contain the candidate's signature, under oath, certifying that:

1. The candidate has complied with the restrictions of section 16-941, subsection A during the election cycle to date.

2. The candidate's campaign committee and exploratory committee have filed all campaign finance reports required under article 1 of this chapter during the election cycle to date and that they are complete and accurate.

3. The candidate will comply with the requirements of section 16-941, subsection A during the remainder of the election cycle and, specifically, will not accept private contributions.

C. The commission shall act on the application within one week. Unless, within that time, the commission denies an application and provides written reasons that all or part of a certification in subsection B of this section is incomplete or untrue, the candidate shall be certified as a participating candidate. If the commission denies an application for failure to file all complete and accurate campaign finance reports or failure to make the certification in subsection B, paragraph 3 of this section, the candidate may reapply within two weeks of the commission's decision by filing complete and accurate campaign finance reports and another sworn certification.

D. A candidate shall be denied certification if that candidate was removed from office by the commission or if the candidate is delinquent in payment of a debt to the commission.  If the debt is paid in full or if the candidate is current on a payment agreement with the commission, the candidate may apply for certification as a participating candidate and is eligible to be certified if otherwise qualified by law.
A.R.S. § 16-313 — Arizona Code / Title 16 / Chapter 3 / Article 2 / Section 313
16-313 Filing of nomination paper and petitions for special primary election
Status: in_force

16-313. Filing of nomination paper and petitions for special primary election

In a special primary election called by proclamation, nominating papers may be filed not less than sixty days before the date fixed by the proclamation for the special primary election. Nomination petitions shall be filed no later than sixty days before the special primary election and signed by qualified electors as provided in section 16-322.
A.R.S. § 16-921 — Arizona Code / Title 16 / Chapter 6 / Article 1.3 / Section 921
16-921 Exemptions from definition of expenditure
Status: in_force

16-921. Exemptions from definition of expenditure

A. A person may make any expenditure not otherwise prohibited by law.

B. The following are not expenditures:

1. The value of an individual's volunteer services or expenses that are provided without compensation or reimbursement, including the individual's:

(a) Travel expenses.

(b) Use of real or personal property.

(c) Cost of invitations, food or beverages.

(d) Use of e-mail, internet activity or social media messages, only if the individual's use is not paid for by the individual or any other person and if the e-mails, social media messages or other internet activities do not contain or include transmittal of a paid advertisement or paid fund-raising solicitation.

2. The value of any news story, commentary or editorial by any broadcasting station, cable television operator, video service provider, programmer or producer, newspaper, magazine, website or other periodical publication that is not owned or operated by a candidate, a candidate's spouse or any committee.

3. The payment by any person to defray a political party's operating expenses or party-building activities, including:

(a) Party staff and personnel.

(b) Studies and reports.

(c) Voter registration, recruitment, polling and turnout efforts.

(d) Party conventions and party meetings.

(e) Construction, purchase or lease of party buildings or facilities.

4. The value of any of the following to a committee:

(a) Interest earned on the committee's deposits or investments.

(b) Transfers between committees to reimburse expenses and distribute monies raised through a joint fund-raising effort, except that contributions shall be allocated as described in the fund-raising solicitation and expenses shall be allocated in the same proportion as contributions.

(c) Payment of a committee's legal or accounting expenses.

(d) An extension of credit for goods and services on a committee's behalf by a creditor if the terms are substantially similar to extensions of credit to nonpolitical debtors that are of similar risk and size of obligation.  The creditor must make a commercially reasonable attempt to collect the debt, except that if an extension of credit remains unsatisfied by the committee after six months the committee is deemed to have received a contribution but the creditor is not deemed to have made a contribution.

5. The value of nonpartisan communications that are intended to encourage voter registration and turnout efforts.

6. Any payment by a person that is not a committee to a filing officer for arguments in a publicity pamphlet.

7. Any payment for legal or accounting services that are provided to a committee.

8. The payment of costs of publishing a book or producing a documentary, if the publication and production are for distribution to the general public through traditional distribution mechanisms or a fee is obtained for the purchase of the publication or viewing of the documentary.

C. This section does not imply that any transactions that are not specifically listed in subsection B of this section are expenditures unless those transactions otherwise meet the definition of expenditure as defined in section 16-901.
A.R.S. § 16-446 — Arizona Code / Title 16 / Chapter 4 / Article 4 / Section 446
16-446 Specifications of electronic voting system
Status: in_force

16-446. Specifications of electronic voting system

A. An electronic voting system consisting of a voting or marking device in combination with vote tabulating equipment shall provide facilities for voting for candidates at both primary and general elections.

B. An electronic voting system shall:

1. Provide for voting in secrecy when used with voting booths.

2. Permit each elector to vote at any election for any person for any office whether or not nominated as a candidate, to vote for as many persons for an office as the elector is entitled to vote for and to vote for or against any question on which the elector is entitled to vote, and the vote tabulating equipment shall reject choices recorded on the elector's ballot if the number of choices exceeds the number that the elector is entitled to vote for the office or on the measure.

3. Prevent the elector from voting for the same person more than once for the same office.

4. Be suitably designed for the purpose used and be of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and counting ballots.

5. Be provided with means for sealing the voting or marking device against any further voting after the close of the polls and the last voter has voted.

6. When properly operated, record correctly and count accurately every vote cast.

7. Provide a durable paper document that visually indicates the voter's selections, that the voter may use to verify the voter's choices, that may be spoiled by the voter if it fails to reflect the voter's choices and that permits the voter to cast a new ballot.  This paper document shall be used in manual audits and recounts.

8. To the extent practicable, provide for the ballot layout to be in the same order of arrangement, including rotation, as provided for paper ballots, except that information may be printed in vertical or horizontal rows, or in a number of separate pages or screens that are placed or displayed on the voting device. The titles of offices may be arranged in vertical columns or in a series of separate pages or screens and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. If there are more candidates for an office than can be printed in one column or on one ballot page or screen, the ballot shall be clearly marked that the list of candidates is continued on the following column, page or screen, and to the extent practicable, the same number of names shall be printed on each column, page or screen.

9. Provide for a color designation for use in the primary election for each political party represented.
A.R.S. § 16-925 — Arizona Code / Title 16 / Chapter 6 / Article 1.4 / Section 925
16-925 Advertising and fundraising disclosure statements
Status: in_force

16-925. Advertising and fundraising disclosure statements

A. A person that makes an expenditure for an advertisement or fundraising solicitation, other than an individual, shall include the following disclosures in the advertisement or solicitation:

1. The words "paid for by", followed by the name of the person making the expenditure for the advertisement or fundraising solicitation.

2. Whether the expenditure was authorized by any candidate, followed by the identity of the authorizing candidate, if any.

B. In addition to the disclosure required by subsection A of this section, a political action committee that makes an expenditure for an advertisement shall include a disclosure stating:

1. The names of the three political action committees making the largest aggregate contributions to the political action committee making the expenditure, if those aggregate contributions exceed $20,000 during the election cycle, as calculated at the time the advertisement was distributed for publication, display, delivery or broadcast.

2. The aggregate percentage of out-of-state contributors as calculated at the time the advertisement was produced for publication, display, delivery or broadcast. The disclosure shall state "paid for by _____" as prescribed by subsection A of this section, followed by "with _____% from out-of-state contributors" with the blank to be filled by the aggregate percentage prescribed by this paragraph.

C. If a disclosure contains any acronym or nickname that is not commonly known, the disclosure shall also spell out the acronym or provide the full name.

D. If the advertisement is:

1. Broadcast on radio, the disclosure shall be clearly spoken at the beginning or end of the advertisement.

2. Delivered by hand or by mail, the disclosure shall be clearly readable, and if the advertisement is paid for by a political action committee, the disclosure shall be displayed in a height that is at least ten percent of the vertical height of the advertisement.

3. Delivered electronically, the disclosure shall be clearly readable.

4. Displayed on a sign or billboard, the disclosure shall be displayed in a height that is at least four percent of the vertical height of the sign or billboard, except that if the advertisement is paid for by a political action committee, the disclosure shall be displayed in a height that is at least ten percent of the vertical height of the sign or billboard.

5. Broadcast on television or in a video or film, both of the following requirements apply:

(a) The disclosure shall be both written and spoken at the beginning or end of the advertisement, except that if the written disclosure statement is displayed for the greater of at least one-sixth of the broadcast duration or four seconds, a spoken disclosure statement is not required.

(b) The written disclosure statement shall be printed in letters that are displayed in a height that is at least four percent of the vertical picture height, except that if the advertisement is paid for by a political action committee, the written disclosure statement shall be displayed in a height that is at least ten percent of the vertical picture height.

E. This section does not apply to:

1. Social media messages, text messages or messages sent by a short message service.

2. Advertisements that are placed as a paid link on a website, if the message is not more than two hundred characters in length and the link directs the user to another website that complies with this section.

3. Advertisements that are placed as a graphic or picture link, if the statements required in this section cannot be conveniently printed due to the size of the graphic or picture and the link directs the user to another website that complies with this section.

4. Bumper stickers, pins, buttons, pens and similar small items on which the statements required in this section cannot be conveniently printed.

5. A solicitation of contributions by a separate segregated fund.

6. A communication by a tax-exempt organization solely to its members.

7. A published book or a documentary film or video.
A.R.S. § 16-1007 — Arizona Code / Title 16 / Chapter 7 / Article 1 / Section 1007
16-1007 Election officer ascertaining or disclosing elector's vote; classification
Status: in_force

16-1007. Election officer ascertaining or disclosing elector's vote; classification

An officer of an election, unless lawfully assisting a voter, is guilty of a class 2 misdemeanor, who knowingly:

1. Previous to the closing of the polls, attempts to find out for whom the elector has voted.

2. Opens or permits the folded ballot of an elector which has been delivered to the election official to be opened or examined previous to depositing it in the ballot box.

3. Makes or places a mark or device on a folded ballot with the intent to ascertain for whom any elector has voted.

4. Without consent of the elector, discloses the name of any person whom the election official has fraudulently or illegally discovered to have been voted for by the elector.
A.R.S. § 16-541 — Arizona Code / Title 16 / Chapter 4 / Article 8 / Section 541
16-541 Early voting
Status: in_force

16-541. Early voting

A. Any election called pursuant to the laws of this state shall provide for early voting, including voting by the use of an accessible vote by United States mail option for persons who are blind or have a visual impairment. Any qualified elector may vote by early ballot.

B. A qualified elector of a special district organized pursuant to title 48 shall be permitted to vote early in any special district mail ballot election as provided in article 8.1 of this chapter.
A.R.S. § 16-204.01 — Arizona Code / Title 16 / Chapter 2 / Article 1 / Section 204.01
16-204.01 Declaration of statewide concern; city, charter city or town; political subdivision consolidated election dates; voter turnout; definitions
Status: in_force

16-204.01. Declaration of statewide concern; city, charter city or town; political subdivision consolidated election dates; voter turnout; definitions

A. After consideration of the court's opinion in City of Tucson v. State, 235 Ariz. 434 (Ct. App. 2014), the legislature finds and determines that it is a matter of statewide concern to increase voter participation in elections, including elections for cities, including charter cities, towns and other political subdivisions, and the legislature finds and declares that if cities, including charter cities, towns and other political subdivisions demonstrate low voter turnout in elections that are not held on the consolidated election dates prescribed in section 16-204, the low voter turnout constitutes sufficient factual support for requiring candidate and other elections to be held on certain specific consolidated dates. The legislature further finds and declares that after evidence of low voter turnout in city, including charter city, and town elections and in elections held for other political subdivisions, increasing voter turnout through the use of consolidated election dates for candidate and other elections as prescribed by this section is a matter of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary.

B. A political subdivision shall hold its elections on a statewide election date if its previous elections on a nonstatewide election date resulted in a significant decrease in voter turnout in that political subdivision.

C. Beginning with elections in 2018, for each political subdivision's elections, other than special elections or recall elections, if a significant decrease in voter turnout occurs as prescribed in subsection B of this section, the political subdivision shall hold its subsequent elections on the statewide election dates beginning three calendar years after the occurrence of the significant decrease in voter turnout.

D. For the purposes of this section:

1. "Political subdivision" means any governmental entity operating under the authority of this state and governed by an elected body, including a city, charter city, town, county, school district, community college district or other district organized under state law. Political subdivision does not include a special taxing district.

2. "Significant decrease in voter turnout" means the voter turnout for the office that received the highest number of votes in the most recent candidate election for a political subdivision in which candidates are elected at large, or portion of a political subdivision if candidates are not elected at large, is at least twenty-five percent less than the voter turnout in that same political subdivision or portion of a political subdivision for the most recent election in which the office of the governor appeared on the ballot.

3. "Statewide election date" means the date of the regular statewide primary election and the regular statewide general election.

4. "Voter turnout" means the number of ballots cast in a specific candidate race prescribed by this section divided by the total number of active registered voters in that political subdivision or portion of a political subdivision, as applicable, or if no specific candidate race is prescribed by this section, the number of ballots cast in that political subdivision or portion of a political subdivision, as applicable, divided by the total number of active registered voters in that political subdivision or portion of a political subdivision at the election prescribed by this section.
A.R.S. § 16-975 — Arizona Code / Title 16 / Chapter 6.1 / Article 1 / Section 975
16-975 Structured transactions prohibited
Status: in_force

16-975. Structured transactions prohibited

(Caution:  1998 Prop. 105 applies)

A person may not structure or assist in structuring, or attempt or assist in an attempt to structure any solicitation, contribution, donation, expenditure, disbursement or other transaction to evade the reporting requirements of this chapter or any rule adopted pursuant to this chapter.
A.R.S. § 16-905 — Arizona Code / Title 16 / Chapter 6 / Article 1.1 / Section 905
16-905 Committee qualification; requirements; exemption; adjustments
Status: in_force

16-905. Committee qualification; requirements; exemption; adjustments

A. A candidate for election or retention shall register as a candidate committee if the candidate receives contributions or makes expenditures, in any combination, of at least one thousand dollars in connection with that candidacy.

B. For city and town elections, a candidate for election or retention shall register as a candidate committee if the candidate receives contributions or makes expenditures, in any combination, of at least five hundred dollars in connection with that candidacy.

C. An entity shall register as a political action committee if both of the following apply:

1. The entity is organized for the primary purpose of influencing the result of an election.

2. The entity knowingly receives contributions or makes expenditures, in any combination, of at least one thousand dollars in connection with any election during a calendar year.

D. A filing officer or enforcement officer shall make a rebuttable presumption that an entity is organized for the primary purpose of influencing the result of an election if the entity meets any of the following:

1. Except for a religious organization, assembly or institution, claims tax exempt status but had not filed form 1023 or form 1024 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, before making a contribution or expenditure.

2. Made a contribution or expenditure and at that time had its tax exempt status revoked by the internal revenue service.

3. Made a contribution or expenditure and at that time failed to file form 990 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, if required by law.

E. Except as prescribed in subsections B and C of this section and section 16-938, a filing officer, enforcement officer or other officer of a city, town, county or other political subdivision of this state may not require an entity that claims tax exempt status under section 501(a) of the internal revenue code and that remains in good standing with the internal revenue service to do any of the following:

1. Register or file as a political action committee.

2. Report or otherwise disclose personally identifying information relating to individuals who have made contributions to that entity.

3. Disclose its schedule B, form 990.

4. Submit to an audit or subpoena or produce evidence regarding a potential campaign finance violation.

F. A fund that is established by a corporation, limited liability company, labor organization or partnership for the purpose of influencing the result of an election shall register as a political action committee.

G. An entity may register as a political party committee only as prescribed in chapter 5 of this title.

H. A committee is not subject to state income tax and is not required to file a state income tax return.

I. The dollar amounts prescribed by subsections A and C of this section shall be increased every two years pursuant to section 16-931.
A.R.S. § 16-515 — Arizona Code / Title 16 / Chapter 4 / Article 6 / Section 515
16-515 "Seventy-five foot limit" notices; posting; violation; classification
Status: in_force

16-515. "Seventy-five foot limit" notices; posting; violation; classification

A. Except as prescribed in this section and section 16-580, a person shall not be allowed to remain inside the seventy-five foot limit while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of that political party and the challengers allowed by law, and no electioneering may occur within the seventy-five foot limit. Voters having cast their ballots shall promptly move outside the seventy-five foot limit.

B. The board of supervisors shall furnish, with the ballots for each polling place, three notices, printed in letters not less than two inches high, with the heading: "Seventy-five foot limit" and underneath that heading the following:

No person shall be allowed to remain inside these limits while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of such political party, and the challengers allowed by law. Voters having cast their ballots shall at once retire without the seventy-five foot limit. A person violating any provision of this notice is guilty of a class 2 misdemeanor.

C. A minor voting in a simulated election at a polling place is subject to the same seventy-five foot limit restrictions prescribed for a voter. Persons supervising or working in a simulated election in which minors vote may remain within the seventy-five foot limit of the polling place.  The inspector for the polling place shall exercise authority over all election and simulated election related activities at the polling place.

D. For an election that is held by an Indian tribe and that is held at a polling place at the same time and on the same date as any other election, the following apply:

1. A person who is voting is subject to the same seventy-five foot limit restrictions prescribed for other voters.

2. An election official for the tribal election may remain within the seventy-five foot limit for the polling place.

E. With the permission of the voter, a minor may enter and remain within the seventy-five foot limit in order to accompany a voter into a polling place, an on-site early voting facility and a voting booth while the voter is voting.

F. Notwithstanding any other law, an election official, a representative of a political party who has been appointed by the county chairman of that political party or a challenger who is authorized by law to be within the seventy-five foot limit as prescribed by this section shall not wear, carry or display materials that identify or express support for or opposition to a candidate, a political party or organization, a ballot question or any other political issue and shall not electioneer within the seventy-five foot limit of a polling place.

G. Notwithstanding section 16-1018, a person may not take photographs or videos while within the seventy-five foot limit.

H. Any person violating this section is guilty of a class 2 misdemeanor.

I. For the purposes of this section, electioneering occurs when an individual knowingly, intentionally, by verbal expression and in order to induce or compel another person to vote in a particular manner or to refrain from voting expresses support for or opposition to a candidate who appears on the ballot in that election, a ballot question that appears on the ballot in that election or a political party with one or more candidates who appear on the ballot in that election.
A.R.S. § 16-508 — Arizona Code / Title 16 / Chapter 4 / Article 6 / Section 508
16-508 Number of ballots furnished each polling place
Status: in_force

16-508. Number of ballots furnished each polling place

There shall be furnished for each precinct in which an election is to be held a number of early ballots and printed ballots exceeding by at least one per cent the number of registered voters whose names appear on the precinct register of the precinct, city, town or district for which the ballots are printed.
A.R.S. § 16-201 — Arizona Code / Title 16 / Chapter 2 / Article 1 / Section 201
16-201 Primary elections
Status: in_force

16-201. Primary elections

A primary election shall be held on the first Tuesday in August in any year in which a general election or special election is held and at which candidates for public office are to be elected.