Title 16 — Elections and Electors

(L21, Ch. 405, sec. 6) A. The election integrity fund is established consisting of legislative appropriations. The state treasurer shall administer the fund. B. Monies in the fund may be used only to pay county recorders for election security, cybersecurity measures and improveme…

A. In each election precinct where voting machines are used, statements of tally shall be printed to conform with the type of voting machine used. The designating number and letter on the counter for each candidate shall be printed next to the candidate's name on the statements o…

A. After the close of the polls and after compliance with section 16-602 the members of the election board shall prepare a report in duplicate of the number of voters who have voted, as indicated on the poll list, and place this report in the ballot box or metal container, in whi…

A. Only ballots that are provided in accordance with the provisions of law shall be counted. B. When a question arises as to the legality of a ballot, or a part of a ballot, the action taken on the decision of the election board as to its legality, signed by the majority voting f…

If on any ballot the names of more persons are designated for the same office than are to be chosen, or if for any reason it is impossible to positively determine the voter's choice, all the names designated for that office shall be rejected.

If the voter marks more names than there are persons to be elected to an office, or if from the ballot it is impossible to determine the voter's choice for an office, his ballot shall not be counted for that office.

A. 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, t…

When the votes are counted and the ballots sealed in the envelope, as required by law, the tally lists shall be signed by the members of the board and attested by the clerks.

A. Before it adjourns, the election board shall enclose and seal in a strong envelope provided for that purpose one of the poll lists, signed as required. B. The envelope containing the poll list shall constitute the official returns of the election and, together with the envelop…

One of the poll lists and one of the tally lists used at the election shall be withheld by the election board from the sealed packages of ballots and other election supplies and shall be separately sealed in an envelope and returned to the officer in charge of the election in the…

The election board, at the close of the election, shall return the signature roster and copies of the precinct registers along with the other election supplies to the board of supervisors or officer in charge of elections.

A. All proceedings at the counting center shall be under the direction of the board of supervisors or other officer in charge of elections and shall be conducted in accordance with the approved instructions and procedures manual issued pursuant to section 16-452 under the observa…

A. At any time following the close of the polls, except as provided in section 16-550 and section 16-551, subsection C, unofficial returns may be released during the counting of the ballots by vote tabulating equipment, and on completion of the count the unofficial results shall …

In those counties lying within a legislative district or a congressional district made up of areas in more than one county, the board of supervisors of each such county shall file a copy, or reasonable facsimile, of the abstract of vote with the secretary of state within forty-ei…

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 feder…

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 …

A. The governing body holding an election shall meet and canvass the election as follows: 1. The governing board of a county shall meet and canvass as follows: (a) For the primary election, not later than the second Monday after the election. (b) For the general election, not lat…

The canvass of the election returns shall be made in public by opening the returns, other than the ballots, and determining the vote of the county, by polling places, for each person voted for and the vote for and against each proposed constitutional amendment and initiated or re…

No list, tally, certificates or endorsement returned from any precinct shall be set aside or rejected for want of form, or for not being strictly in accordance with the explicit provisions of this title, if they can be clearly understood, nor shall any declaration of result, comm…

A. When the board of supervisors, or the governing body of a city or town, has completed its canvass of precinct returns, the person having the largest number of votes, or if more than one candidate is necessary, those candidates to the required number who have received the large…

A. When the result of the canvass is determined, a statement, known and designated as the official canvass, shall be entered on the official record of the election district that shall show: 1. The number of ballots cast in each precinct and in the county. 2. The number of ballots…

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, deli…

A. On the third Monday following a general election, the secretary of state, in the presence of the governor and the attorney general, shall canvass all offices for which the nominees filed nominating petitions and papers with the secretary of state pursuant to section 16-311, su…

A. If two or more candidates receive an equal number of votes for the same office, and a higher number than any other candidate, whether upon the canvass by the secretary of state or the county board of supervisors, or upon recount by a court, the officer or board whose duty it i…

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 …

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 th…

A. A recount of the vote is required when the canvass of returns in a primary or general election shows that the margin between the two candidates receiving the greatest number of votes for a particular office, or between the number of votes cast for and against initiated or refe…

When the canvass shows that a recount is required, the secretary of state, within twenty-four hours after the last county canvass or the last day for county canvasses prescribed by section 16-642, whichever is earlier, shall, in the case of an office to be filled by electors of t…

A. The superior court to which the facts requiring a recount are certified shall promptly make and enter an order requiring a recount of the votes cast for such office, measure or proposal. The recount shall be conducted in accordance with the laws pertaining to contests of elect…

A. In the event of a court-ordered recount of votes that were cast and tabulated on electronic voting equipment for a state primary, state general or state special election, the secretary of state shall order the ballots recounted on an automatic tabulating system to be furnished…

A. The result of the recount shall be presented to the court, and the court shall then announce the result and make and enter an order setting forth its determination. B. A certified copy of the order of the court determining the result shall forthwith be delivered by the clerk o…

The expenses of the recount of the votes as provided in this article, if for an office to be filled by state electors, or if upon an initiative or referendum measure, or proposal to amend the constitution, shall be a state charge, and if for an office to be filled by the electors…

This article is supplemental to and not in derogation of the law relating to contest of elections and, upon the initiation of such a contest, a proceeding begun under this article shall abate.

Contests arising out of primary elections shall be brought and determined in the same manner, as nearly as possible, as provided by law for contests of general elections.

A. Any elector of the state may contest the election of any person declared elected to a state office, or declared nominated to a state office at a primary election, or the declared result of an initiated or referred measure, or a proposal to amend the Constitution of Arizona, or…

A. The elector contesting a state election shall, within five days after completion of the canvass of the election and declaration of the result thereof by the secretary of state or by the governor, file in the court in which the contest is commenced a statement in writing settin…

A. An elector of a county, city, town or a political subdivision of such county, city or town, may contest the right of a person declared elected to an office to be exercised therein, or declared nominated to an office at a primary election, or a question, proposal, measure or pr…

A. On filing of the statement of contest, the clerk of the superior court shall issue a summons to be served on the contestee as summons in civil actions are served, except it shall require the contestee to file an answer to the statement with the clerk of the court within five d…

A. In any contest brought under the provisions of section 16-672 or 16-674, upon the filing of the answer, or if no answer is filed, upon the expiration of the time specified in the summons, the court shall set a time for the hearing of the contest, not later than ten days after …

A. After the statement of contest has been filed and the action is at issue, either party may have the ballots inspected before preparing for trial. B. The party applying for the inspection of ballots shall file with the clerk of the court a verified petition stating that he cann…

Nothing in this article shall be deemed to affect in any manner procedures relating to contests of elections of members of the legislature.

Except as otherwise provided in this article, the election of delegates to the convention shall be conducted and the results ascertained and certified in the same manner as elections for state officers, and all laws of this state relative to elections, except those inconsistent w…

The number of delegates to be chosen for the convention is fifteen who shall be elected from the state at large.

A. Candidates for the office of delegate to the convention shall be qualified electors of this state. B. Nominations shall be by petition signed by not less than one thousand electors of the state qualified to vote at the election and shall be filed with the secretary of state. C…

A. The election shall be by ballot, separate from any other ballots to be used at the same election. The ballot shall contain a statement of the substance of the proposed amendment, appropriate instructions to the voters and perpendicular columns of equal width, headed respective…

A. The fifteen candidates who receive the highest number of votes shall be the delegates to the convention. B. If there is a vacancy in the convention caused by the death or disability of a delegate, or any other cause, the vacancy shall be filled by appointment by the majority v…

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.

The convention shall be the judge of the election and qualification of its members and shall elect its president, secretary and other officers and adopt rules.

A. The convention shall keep a journal of its proceedings in which shall be recorded the vote of each delegate on the question of ratification of the proposed amendment. B. Upon final adjournment the journal shall be filed with the secretary of state.

If the convention agrees by vote of a majority of the total number of delegates to ratification of the proposed amendment, a certificate to that effect shall be executed by the president and secretary of the convention and transmitted to the secretary of state of Arizona, who sha…