REFERENCE TITLE: presidential electors; congressional districts; at-large

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

HB 2476

 

Introduced by

Representatives Carroll: Bolick, Burges, Fillmore, Wilmeth

 

 

AN ACT

 

amending sections 16-212 and 16-344, Arizona Revised Statutes; relating to presidential electors.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 16-212, Arizona Revised Statutes, is amended to read:

START_STATUTE16-212. Election of presidential electors; electoral college votes; vacancy; replacement

A. On the first Tuesday after the first Monday in November, 1956, and quadrennially thereafter, there shall be elected a number of presidential electors equal to the number of United States senators and representatives in Congress from this state.

B. After the secretary of state issues the statewide canvass containing the results of a presidential election, the presidential electors of this state shall cast their electoral college votes as follows:

1. For the presidential electors who were designated for a CONGRESSIONAL district, for the candidate for president and the candidate for vice president who jointly received the highest NUMBER of votes in that congressional district as prescribed in the statewide canvass.

2. For the two at-large presidential electors, for the candidate for president and the candidate for vice president who jointly received the highest number of votes in this state as prescribed in the canvass from the aggregate vote of all of the members of the legislature voting as a single body.  If this vote is tied, the at-large presidential electors shall be divided between the two tied candidates for president and vice president.

C. A presidential elector who knowingly refuses to cast that elector's electoral college vote as prescribed in subsection B of this section is no longer eligible to hold the office of presidential elector and that office is deemed and declared vacant by operation of law.  The chairperson of the state committee of the political party represented by that elector shall appoint a person who is otherwise qualified to be a presidential elector. The replacement presidential elector shall cast the elector's electoral college vote as prescribed by this section.  Notwithstanding section 16-344 and any other statute, the nomination paper and affidavit of qualification of the replacement presidential elector may be completed and filed with the secretary of state as soon as is practicable after the presidential elector's appointment. END_STATUTE

Sec. 2. Section 16-344, Arizona Revised Statutes, is amended to read:

START_STATUTE16-344. Office of presidential elector; appointment by state committee chairman

A. The chairman of the state committee of a political party that is qualified for representation on an official party ballot at the primary election and accorded a column on the general election ballot shall appoint candidates for the office of presidential elector equal to the number of United States senators and representatives in Congress from this state and shall file for each candidate with the secretary of state, not more than ten days after the primary election, by 5:00 p.m. on the last day for filing:

1. A nomination paper giving the candidate'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, naming the party of which the candidate desires to become a candidate, stating his candidacy for the office of presidential elector, stating the exact manner in which the candidate desires to have his name printed on the official ballot pursuant to section 16-311, subsection G, and stating the date of the general election at which he desires to become a candidate.

2. An affidavit including facts sufficient to show that the candidate resides in this state and will be qualified at the time of the election to hold the office of presidential elector.

3. the designation of one presidential elector for each congressional district and two presidential electors as at-large presidential electors. a presidential elector who is designated for a congressional district is not required to be a resident of that congressional district.

B. The nomination paper and affidavit of qualification pursuant to subsection A of this section shall be printed in a form prescribed by the secretary of state. END_STATUTE