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REFERENCE TITLE: counties; elections; state audits |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2078 |
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Introduced by Representatives Diaz: Marshall, Peņa
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An Act
amending title 16, chapter 4, article 10, Arizona Revised Statutes, by adding sections 16-605 and 16-606; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 10, Arizona Revised Statutes, is amended by adding sections 16-605 and 16-606, to read:
16-605. Information request regarding election; response; definition
A. An eligible person may make a written request to the county recorder or other OFFICER in charge of elections for an explanation and supporting documentation REGARDING any of THE following:
1. an action taken by an election officer that appears to violate the statutes.
2. irregularities in precinct or voting center results.
3. Inadequacy of or irregularity in documentation required to be maintained as prescribed by this title.
B. Within TWENTY days after the request, the county recorder or other officer in charge of elections shall provide the requested explanation and any supporting documentation.
C. If the ELIGIBLE person is not satisfied with the explanation or supporting documentation, or both, the eligible person may request an additional EXPLANATION and supporting documentation. The county recorder or other officer in charge of ElECTIONS shall provide the additional explanation or supporting documentation within ten days after the request.
D. If the eligible person is not satisfied with the additional explanation or supporting documentation, the eligible PERSON may submit a written request to the secretary of STATE regarding the requests made and the EXPLANATIONS and documentation received.
E. For the purposes of this section, "eligible person" means any of the following:
1. a candidate in the election that is the subject of the request.
2. a county political party chairperson.
3. The chairperson of a political committee that supports or opposes a ballot measure that was on the ballot in the election that is the subject of the request.
16-606. Secretary of state; audit; findings; civil penalty
A. On RECEIPT of a request prescribed by section 16-605, the secretary of state shall review the matters in question and may request additional information, explanations and documentation from the county recorder or other officer in charge of elections. The county recorder or other officer in charge of elections shall respond within thirty days after receiving the secretary of state's request and If not satisfied with the response, the secretary OF state may conduct an audit of the claimed actions, irregularities or inadequacies of the county RECORDER or other officer in charge of elections.
B. The county recorder or other officer in charge of elections shall cooperate with the secretary of state in conducting the audit, and the secretary of state shall notify the county recorder or other officer in charge of elections of the SECRETARY of state's findings. The county recorder or other officer in charge of elections shall remedy the matters SPECIFIED in the secretary of state's findings within thirty days after RECEIVING those findings. The secretary of state may assess a civil penalty of not more than $500 for each unresolved finding against the county recorder or other officer in charge of elections.