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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
elections; recount margin
Purpose
Increases, from one-tenth of one percent or a set number of votes to one-half of one percent, the trigger for an automatic recount in a primary or general election for certain offices.
Background
An automatic recount must be conducted when the canvass of returns in a primary or general election shows the margin between two candidates or for or against a ballot measure is less than or equal to the lesser of: 1.) one-tenth of one percent; 2) 200 votes for offices filled by state electors in which more than 25,000 votes are cast; 3) 50 votes for offices filled by state electors in which 25,000 or less votes are cast; 4) 200 votes for ballot measures; 5) 50 votes for a Member of the Legislature; or 6) 10 votes in offices filled by electors of a city, town, county or subdivision thereof. The automatic recount triggers do not apply to elections for precinct committeemen, school district governing boards, community college district governing boards, fire district boards, fire district chiefs, fire district secretary-treasurers or boards of other special districts (A.R.S. § 16-661). After the recount is conducted, the results must be presented in the appropriate superior court, which must announce the results and enter an order setting forth its determination (A.R.S. § 16-665).
The Joint Legislative Budget Committee (JLBC) fiscal note estimates that the bill would increase state costs by approximately $443,000 per additional statewide election recount for candidates and ballot measures. The state would also incur any costs for other state election recounts, such as legislative elections, however the fiscal note does not estimate the cost of these recounts (JLBC fiscal note).
Provisions
1. Replaces, with an automatic recount trigger of one-half of one percent of total votes cast, the current automatic recount trigger of the lesser of one-tenth of one percent or a set number of votes depending upon the type of election.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires, for special district elections, the officer in charge of elections to determine the method of recount, conduct the recount and report the results in the same manner as the original count.
2. Makes a technical change.
Amendments Adopted by the House of Representatives
1. Reinstates the exemption from automatic recounts for elections for precinct committeemen, school district governing boards, community college district governing boards, fire district boards, fire district chiefs, fire district secretary-treasurers and boards of other special districts.
2. Removes the requirement, for special district elections, that the officer in charge of elections determine the method of recount, conduct the recount and report the results in the same manner as the original count.
3. Makes technical changes.
Senate Action House Action
GOV 2/1/21 DP 5-3-0 GE 3/17/21 DP 7-6-0-0
3rd Read 3/3/21 16-14-0 3rd Read 6/21/21 31-29-0
Prepared by Senate Research
June 21, 2021
MH/gs