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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
election recounts; bond; procedure
Purpose
Allows a person to request an election recount by filing a bond.
Background
Current statute provides that an automatic recount is necessary if the margin of votes between the two candidates receiving the highest number of votes for a particular office is less than or equal to the lesser of the following: 1) .01 percent of the total number of votes cast for the top two candidates; 2) 200 votes if more than 25,000 votes were cast for statewide office; 3) 50 votes if 25,000 or fewer votes were cast for statewide office; 4) 50 votes for legislative office; or 5) 10 votes for county, city or town office. Additionally, a recount must be performed if the margin of votes between the votes cast for and against a ballot measure is less than or equal to the lesser of .01 percent of the total votes cast or 200 votes (A.R.S. § 16-661).
Automatic recounts must be ordered by the appropriate public official or public body after election results show recount is required (A.R.S. § 16-1662). The Secretary of State is responsible for furnishing and programing the automatic tabulating system to be used for the recount (A.R.S. § 16-664). The results of the recount must be presented to the court and the court announcement constitutes the official result (A.R.S. § 16-665).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person to request a recount of any election not subject to automatic recount by filing a bond in a form and amount set by the court that is sufficient to provide full reimbursement of the recount costs.
2. Requires a recount requested by a person who files a bond to comply with the requirements and procedures for an automatic recount.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 19, 2019
JA/AB/kja