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REFERENCE TITLE: election contests; invalidated election; sanctions |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1609 |
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Introduced by Senator Townsend
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AN ACT
amending section 16-672, Arizona Revised Statutes; relating to contest of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-672, Arizona Revised Statutes, is amended to read:
16-672. Contest of state election; grounds; venue; damages; violation; classification
A. Any elector of the this 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 other question or proposal submitted to vote of the people, upon on any of the following grounds:
1. For misconduct on the part of election boards or any members thereof of election boards in any of the counties of the this state, or on the part of any officer making or participating in a canvass for a state election.
2. That the person whose right to the office is contested was not at the time of the election eligible to for the office.
3. That the person whose right is contested, or any person acting for him, has given to an elector, inspector, judge or clerk of election, a bribe or reward, or has offered such a bribe or reward for the purpose of procuring his election, or has committed any other offense against the elective franchise.
4. On account of illegal votes.
5. That by reason of erroneous count of votes the person declared elected or the initiative or referred measure, or proposal to amend the constitution, or other question or proposal submitted, which has been declared carried, did not in fact receive the highest number of votes for the office or a sufficient number of votes to carry the measure, amendment, question or proposal.
B. The contest may be brought in the superior court of in the county in which the person contesting resides or in the superior court of in Maricopa county.
C. In a contest of the election of a person declared elected to a state office or of an initiated or referred measure, constitutional amendment, or other question or proposal, which has been declared carried, the attorney general may intervene, and upon on demand, the place of trial of the contest shall be changed to Maricopa county, if commenced in another county.
D. If the court determines that the initial person declared elected or declared the nominee at a primary election or that the contested measure, CONSTITUTIONAL amendment or other question or proposal that was declared carried did not in fact RECEIVE the highest number of votes or a sufficient number of votes to prevail, the court shall order that portion of the election to be repeated. The new election shall be conducted within ninety days after the court's order and shall conform as nearly as practicable to the laws that otherwise would apply to an election.
E. Any person determined by the court to be RESPONSIBLE for MISCONDUCT, fraud or illegal votes identified under subsection D of this section is liable for the costs of the court-ordered second election and is guilty of a class 2 misdemeanor.