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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
counties; elections; state audits
Purpose
Allows an eligible person to make a request to the county recorder or other officer in charge of elections for an explanation and documentation regarding certain actions or irregularities that appear to violate statute. Outlines the procedures for an eligible person who is unsatisfied with the explanation and documentation to request the Secretary of State (SOS) to review the matters in question.
Background
Any elector of Arizona may contest the election of: 1) any person elected to a state office; 2) any person declared nominated to a state office at a primary election; 3) the declared result of an initiated or referred measure; 4) a proposal to amend the Arizona Constitution; or 5) any other question or proposal submitted to the vote of the people. Statute outlines the reasons that an elector may contest an election, including the misconduct of an election board or election board members in any of the counties of the state or on the part of any officer making or participating in a canvass (A.R.S. § 16-672).
Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or request that the custodian mail a copy of a public record to the requesting person. Access to a public record is deemed denied if a custodian fails to respond to a request for production of a public record or fails to provide the requesting person an index of any record or categories of records that are withheld from production (A.R.S. § 39-121.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows an eligible person to make a written request to the county recorder or other officer in charge of elections for an explanation and supporting documentation regarding:
a) an action taken by an election officer that appears to violate statute;
b) irregularities in precinct or voting center results; or
c) inadequacy of or irregularity in documentation required to be maintained as prescribed by statute.
2. Requires the county recorder or other officer in charge of elections to provide the requested explanation and any supporting documentation within 20 days after the request.
3. Allows an eligible person who is unsatisfied with the explanation or supporting documentation or both to request an additional explanation and supporting documentation.
4. Requires the county recorder or other officer in charge of elections to provide the additional explanation or supporting documentation within 10 days after the additional request.
5. Allows an eligible person who is unsatisfied with the additional explanation or supporting documentation to submit a written request to the SOS regarding the requests made and the explanations and documentation received.
6. Requires, upon receipt of a request, the SOS to review the matters in question.
7. Allows the SOS to request additional information, explanations and documentation from the county recorder or other officer in charge of elections.
8. Requires the county recorder or other officer in charge of elections to respond within 30 days after receiving the SOS's request.
9. Allows the SOS to conduct an audit of the claimed actions, irregularities or inadequacies of the county recorder or other officer in charge of elections, if unsatisfied with the response from the county recorder or other officer in charge of elections.
10. Requires the county recorder or other officer in charge of elections to cooperate with the SOS in conducting the audit.
11. Requires the SOS to notify the county recorder or other officer in charge of elections of the SOS's findings.
12. Requires the county recorder or other officer in charge of elections to remedy the matters specified in the SOS's findings within 30 days after receiving the findings.
13. Allows the SOS to assess a civil penalty of up to $500 for each unresolved finding against the county recorder or other officer in charge of elections.
14. Defines eligible person as:
a) a candidate in the election that is the subject of the request;
b) a county political party chairperson; or
c) 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.
15. Becomes effective on the general effective date.
House Action
MOE 2/8/23 DP 6-4-0-0
3rd Read 3/2/23 31-28-1
Prepared by Senate Research
March 16, 2023
AN/slp