REFERENCE TITLE: election violations; disenfranchisement; new election

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1695

Introduced by

Senators Hoffman: Borrelli, Farnsworth, Kern, Rogers, Wadsack; Representatives Chaplik, Heap, Jones, McGarr, Parker J

An Act

amending section 16-642, Arizona Revised Statutes; 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. Section 16-642, Arizona Revised Statutes, is amended to read:

START_STATUTE16-642. Canvass of election; postponements; new election; forfeiture

A. The governing body holding an election shall meet and canvass the election not less than six days nor more than twenty days following the election.

B. The governing body of a special district as defined in title 48 shall present to the board of supervisors a certified copy of the official canvass of the election at the next regularly scheduled meeting of the board of supervisors. For purposes of contesting a special district election as described in section 16-673, the canvass is not complete until the presentation to the board of supervisors is made.

C. If, at the time of the meeting of the governing body, the returns from any polling place in the election district where the polls were opened and an election held are found to be missing, the canvass shall be postponed from day to day until all the returns are received or until six postponements have been had.

D. For the primary and general election In a county with a population of more than one million persons, the county board of supervisors, county recorder and county officer in charge of elections may not canvass the results of an election in which election laws were violated and the violations resulted in the disenfranchisement of at least one percent of the ELIGIBLE voters in the county.  The county board of supervisors, county recorder and county officer in charge of elections shall hold a new primary or general election.

E. Any member of the board of supervisors who violates subsection D of this section shall forfeit that office. END_STATUTE