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REFERENCE TITLE: election contests; procedures |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2233 |
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Introduced by Representatives Harris: Jones, McGarr
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An Act
amending sections 16-672, 16-676 and 16-677, Arizona Revised Statutes; relating to election contests.
(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
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, including votes in which the chain of custody is broken and early votes that have inconsistent signatures or personal information.
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.
Sec. 2. Section 16-676, Arizona Revised Statutes, is amended to read:
16-676. Time for hearing contest; continuance; findings of the court; judgment; appeal
A. In any contest brought under the provisions of section 16-672 or 16-674, upon on the filing of the answer, or if no answer is filed, upon on the expiration of the time specified in the summons, the court shall set a time for the hearing of the contest, not later than ten twenty days after the date on which the statement of contest was filed, which may be continued for not to exceed five days for good cause shown.
B. The court shall continue in session to hear and determine all issues arising in contested elections. After hearing the proofs and allegations of the parties, and within five days after the submission thereof, the court shall file its findings and immediately thereafter shall pronounce judgment, either confirming or annulling and setting aside the election.
C. If in an election contest it appears that a person other than the contestee has the highest number of legal votes, the court shall declare that person elected and that the certificate of election of the person whose office is contested is of no further legal force or effect.
D. All appeals of the final judgment ISSUED pursuant to SUBSECTION B of this section shall be filed directly in and heard by the supreme court. An appeal shall be filed within ten days after issuance of the final judgment, a response shall be filed within five days after the date on which the appeal is filed, and a reply shall be filed within three days after the date on which the response is filed. The supreme court shall schedule a hearing to be held within five days after the filing date of the reply and shall render a decision within five days after the date of the hearing.
Sec. 3. Section 16-677, Arizona Revised Statutes, is amended to read:
16-677. Inspection of ballots before trial; petition; bond; appointment of inspectors; expedited discovery
A. After the statement of contest has been filed and the action is at issue, either party may have the ballots inspected before preparing for trial.
B. The party applying for the inspection of ballots shall file with the clerk of the court a verified petition stating that he the party cannot properly prepare for trial without an inspection of the ballots and shall file with the petition a bond, approved by the clerk, with two sureties, in the principal amount of three hundred dollars $300, conditioned that he the party will pay the costs and expenses of the inspection if he the party fails to maintain the contest. Thereupon the court shall appoint three persons, one selected by each of the parties and one by the court, by whom the inspection shall be made. If either party fails to name a person to act in making the inspection, the court shall make the appointment. An organization or entity is deemed a person for the purposes of inspecting ballots and may provide for a rotating series of individuals to inspect on behalf of the ORGANIZATION or entity.
C. The inspection of the ballots shall be made in the presence of the legal custodian of the ballots, and the compensation of the inspectors shall be fixed by the court and taxed as costs against the losing party. The parties have the right to physically examine all physical ballots and all physical ballot images, any early ballot envelopes and the electors' registration records. The court shall allow ample time to the parties for a thorough examination of these materials and shall not restrict the examination in any manner.
D. The parties have the right to full discovery on any matter that could pertain to the election in any way. The courts shall liberally construe this subsection, and the court and the parties shall make every attempt not to limit discovery. Each party also may depose up to ten persons.