HB2816 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 16-461, Arizona Revised Statutes, is amended to read:

START_STATUTE16-461. Sample primary election ballots; submission to party chairmen for examination; preparation, printing and distribution of ballot

A. At least forty-five days before a primary election, the officer in charge of that election shall:

1. Prepare a proof of a sample ballot.

2. Submit the sample ballot proof of each party to the county chairman or in city or town primaries to the city or town chairman.

3. Mail a sample ballot proof to each candidate for whom a nomination paper and petitions have been filed.

B. Within five two calendar days after receipt of the sample ballot, the county chairman of each political party shall suggest to the election officer any change the chairman considers should be made in the chairman's party ballot, and if on examination the election officer finds an error or omission in the ballot, the officer shall correct it. The election officer shall cause print and distribute the sample ballots to be printed and distributed as required by law, shall maintain a copy of each sample ballot and shall post a notice indicating that sample ballots are available on request. The official sample ballot shall be printed on colored paper or white paper with a different colored stripe for each party that is represented on that ballot. For voters who are not registered with a party that is entitled to continued representation on the ballot pursuant to section 16-804, the election officer may print and distribute the required sample ballots in an alternative format, including a reduced size format.

C. Not later than forty days before a primary election, the county chairman of a political party may request one sample primary election ballot of the chairman's party for each election precinct.

D. The board of supervisors shall have printed mailer-type sample ballots for a primary election and shall mail at least eleven days before the election one sample ballot of a political party to each household containing a registered voter of that political party unless that registered voter is on the active early voting list established pursuant to section 16-544. Each sample ballot shall contain the following statement: "This is a sample ballot and cannot be used as an official ballot under any circumstances". A certified claim shall be presented to the secretary of state by the board of supervisors for the actual cost of printing, labeling and postage of each sample ballot actually mailed, and the secretary of state shall direct payment of the authenticated claim from funds of the secretary of state's office.

E. For city and town elections, the governing body of a city or town may have printed mailer-type sample ballots for a primary election. If the city or town has printed such sample ballots, the city or town shall provide for the distribution of such ballots and shall bear the expense of printing and distributing of such sample ballots.

F. The return address on the mailer-type sample ballots shall not contain the name of an appointed or elected public officer nor may the name of an appointed or elected public officer be used to indicate who produced the sample ballot.

G. The great seal of the state of Arizona shall be imprinted along with the words "official voting materials" on the mailing face of each sample ballot. In county, city or town elections the seal of such jurisdiction shall be substituted for the state seal. END_STATUTE

Sec. 2. Section 16-510, Arizona Revised Statutes, is amended to read:

START_STATUTE16-510. Sample ballots; preparation and distribution

A. Before printing the sample ballots for the general election the board of supervisors shall send to each candidate whose name did not appear on the preceding primary election ballot and to the county chairperson of each political party a ballot proof of the sample ballot for the candidate's and chairperson's review. Within two calendar days after receipt of the sample ballot, Those candidates and the county chairperson of each political party shall suggest to the election officer any change the candidate or chairperson considers should be made to the ballot, and if on examination the election officer finds an error or omission in the ballot, the officer shall correct the error or omission.

B. The board of supervisors shall print and distribute, for the information of voters at each polling place, a number of sample ballots as it deems necessary.

C. The board of supervisors shall have printed mailer-type sample ballots for a general election and shall mail at least eleven days before the election one such sample ballot to each household in the county containing a registered voter unless that registered voter is on the active early voting list established pursuant to section 16-544. Each sample ballot shall contain the following statement: "This is a sample ballot and cannot be used as an official ballot under any circumstances". A certified claim shall be presented to the secretary of state by the board of supervisors for the actual cost of printing, labeling and postage of each sample ballot actually mailed, and the secretary of state shall direct payment of the authenticated claim from funds of the secretary of state's office.

D. For city and town elections, the governing body of a city or town may have printed mailer-type sample ballots for a general election. If the city or town has printed such sample ballots, the city or town shall provide for the distribution of such ballots and shall bear the expense of printing and distributing such sample ballots.

E. For special district elections, the governing body of a special district may have printed mailer-type sample ballots. If the special district has printed such sample ballots, the special district shall provide for the distribution of such ballots and shall bear the expense of printing and distributing such sample ballots. END_STATUTE

Sec. 3. Section 16-622, Arizona Revised Statutes, is amended to read:

START_STATUTE16-622. Official canvass; unofficial results

A. At any time following the close of the polls, except as provided in section 16-551, subsection C, unofficial returns may be released during the counting of the ballots by vote tabulating equipment, and upon on completion of the count the unofficial results shall be open to the public. The result printed by the vote tabulating equipment, to which have been added write-in and early votes, shall, when certified by the board of supervisors or other officer in charge, shall constitute the official canvass of each precinct or election district.

B. In any election for a federal office, a statewide office or a member of the legislature or in any election for a statewide ballot measure, all unofficial returns that are released during the counting of the ballots and all unofficial results that are open to the public shall when released to the public be transmitted by telephone, by telefacsimile fax or by other electronic means to the secretary of state. on completion of all official results and completion of the canvass by the board of supervisors, the board of supervisors shall transmit by electronic means the official canvass of the elections prescribed by this subsection to the secretary of state.END_STATUTE

Sec. 4. Section 16-642, Arizona Revised Statutes, is amended to read:

START_STATUTE16-642. Canvass of election; postponements; exception

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 except that for a general election, the county board of supervisors shall meet and canvass the election not later than the third Thursday after the general 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. This subsection does not apply to the primary or general election. END_STATUTE

Sec. 5. Section 16-645, Arizona Revised Statutes, is amended to read:

START_STATUTE16-645. Canvass and return of precinct vote; declaring nominee of party; certificate of nomination; write-in candidates

A. When the board of supervisors, or the governing body of a city or town, has completed its canvass of precinct returns, the person having the largest number of votes, or if more than one candidate is necessary, those candidates to the required number who have received the largest number of votes for the nomination for an office in the political party of which the person was set forth on the ballot as a candidate for the nomination, shall be declared the nominee of the party for that office and shall be given a certificate of nomination for that office by the board or governing body, which shall entitle the person to have the person's name placed on the official ballot at the ensuing election as the nominee of the party for the office. When canvassing write-in votes the apparent intent of the voter shall be taken into consideration to the extent possible and the standard prescribed for federal write-in candidates in section 16-543.02, subsection C applies.

B. The board of supervisors shall deliver the official canvass by electronic means to the secretary of state within fourteen days on or before the second Monday after the primary election, and the secretary of state shall on or before the third Monday Thursday following the primary election canvass the return and issue a letter declaring nomination as provided in this section to the nominees who filed nominating petitions and papers with the secretary of state pursuant to section 16-311, subsection D. For any partisan primary election, the governing body or officer in charge of elections shall prepare and transmit to the secretary of state along with the official canvass the total by party of partisan ballots selected in that primary election by voters who registered as no party preference, as independents or as members of a political party that is not qualified for representation on the ballot.

C. A certificate of election shall not be issued to a write-in candidate for precinct committeeman or a write-in candidate for a nonpartisan office unless the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.

D. Except as provided in subsection C of this section, a letter declaring nomination shall not be issued to a write-in candidate of a party that has not qualified for continued representation on the official ballot pursuant to section 16-804 unless the candidate receives a plurality of the votes of the party for the office for which the candidate is a candidate.

E. Except as provided by subsection C of this section, a letter declaring nomination shall not be issued to a write-in candidate of a party qualified for continued representation on the official ballot unless the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.

F. A certificate of election shall not be issued to presidential electors who are pledged to a write-in candidate for president unless that candidate received the highest number of votes cast for the office of president. END_STATUTE

Sec. 6. Section 16-646, Arizona Revised Statutes, is amended to read:

START_STATUTE16-646. Statement, contents and mailing of official canvass

A. When the result of the canvass is determined, a statement, known and designated as the official canvass, shall be entered on the official record of the election district that shall show:

1. The number of ballots cast in each precinct and in the county.

2. The number of ballots rejected in each precinct and in the county.

3. The titles of the offices voted for and the names of the persons, together with the party designation, if any, of each person voted for to fill the offices.

4. The number of votes by precincts and county received by each candidate.

5. For each candidate race in each political subdivision prescribed by section 16-204.01, the number of ballots cast and the number of active registered voters in each political subdivision and portion of a political subdivision for which a candidate may be elected.

6. The numbers and a brief title of each proposed constitutional amendment and each initiated or referred measure voted on.

7. The number of votes by precincts and county for and against such proposed amendment or measure.

B. The certified permanent copy of the official canvass for all offices and ballot measures, except offices and ballot measures in a city or town election and nonpartisan election returns, shall be mailed immediately to the secretary of state who shall maintain and preserve it as a permanent public record.

C. The board of supervisors shall mail, then deliver electronically a copy of the official canvass for all offices and ballot measures in the primary and general elections to the secretary of state in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county election officials. The uniform format shall be designed to facilitate the computer analysis of election results for offices and ballot measures that are statewide or are common to more than one county. The electronic copy of the official canvass from the board of supervisors is sufficient for the secretary of state to conduct and issue the statewide canvass.

D. The certified permanent copy of the official canvass for all offices and ballot measures in a city or town election shall be filed with the appropriate city or town clerk, or in a special district election with the clerk of the board of supervisors, who shall maintain and preserve it as a permanent public record. END_STATUTE

Sec. 7. Section 16-648, Arizona Revised Statutes, is amended to read:

START_STATUTE16-648. Canvass for state offices, amendments and measures

A. On the fourth Monday calendar day after the last date for the county canvasses to be completed as PRESCRIBED by 16-642 following a general election, the secretary of state, in the presence of the governor and the attorney general, shall canvass all offices for which the nominees filed nominating petitions and papers with the secretary of state pursuant to section 16-311, subsection E.

B. The secretary of state, in the presence of the governor and the chief justice of the supreme court, shall canvass all proposed constitutional amendments and initiated or referred measures, as shown by the certified copies of official canvass received from the several counties, and forthwith certify the result to the governor.

C. If the official canvass of any county has not been received on the fourth Monday following the general election, the canvass shall be postponed from day to day, not to exceed thirty days from the date of the election, until canvasses from all counties are received. END_STATUTE

Sec. 8. Section 16-661, Arizona Revised Statutes, is amended to read:

START_STATUTE16-661. Automatic recount; requirements

A. A recount of the vote is required when the canvass of returns in a primary or general election shows that the margin between the two candidates receiving the greatest number of votes for a particular office, or between the number of votes cast for and against initiated or referred measures or proposals to amend the Constitution of Arizona, is less than or equal to one-half two-tenths of one percent of the number of votes cast for both such candidates or on such measures or proposals.

B. Subsection A of this section does not apply to elections for precinct committeemen, school district governing boards, community college district governing boards, fire district boards or fire district chiefs or secretary-treasurers or boards of other special districts. END_STATUTE

Sec. 9. Section 16-662, Arizona Revised Statutes, is amended to read:

START_STATUTE16-662. Certification to superior court of facts requiring recount

When the canvass shows county canvasses show that a recount is required, the secretary of state within twenty-four hours after the last county canvass or the last day for county canvasses prescribed by section 16-642, whichever is earlier, shall, in the case of an office to be filled by electors of the entire state, a congressional district, a legislative district or a subdivision of the state greater than a county, initiated or referred measures or proposals to amend the constitution, certify the facts requiring the recount to the superior court in Maricopa county. In the case of an office to be filled by the electors of a county or subdivision of a county or precinct, the board of supervisors of such county or in the case of an office to be filled by the electors of a city or town, the city or town council of that city or town shall certify the facts requiring a recount to the superior court in the county in which the canvass was conducted. END_STATUTE

Sec. 10. Section 16-663, Arizona Revised Statutes, is amended to read:

START_STATUTE16-663. Recount of votes; method

A. The superior court to which the facts requiring a recount are certified shall forthwith promptly make and enter an order requiring a recount of the votes cast for such office, measure or proposal. The recount shall be conducted in accordance with the laws pertaining to contests of elections.

B. When the court orders A court-ordered recount of votes which that were cast and tabulated on electronic voting equipment, such recount shall be pursuant to section 16-664. On completion of While the recount is being conducted, and for legislative, statewide and federal candidate races only, the county chairmen chairpersons of the political parties entitled to continued representation on the ballot or the chairman's chairperson's designee shall select at random without the use of a computer five per cent two percent of the precincts for the recounted race for a hand count, and if the results of that hand count when compared to the electronic tabulation of that same race are less than the designated margins calculated pursuant to section 16-602, the recount is complete and the electronic tabulation is the official result. If the hand count results in a difference that is equal to or greater than the designated margin for that race, the procedure procedures established in section 16-602, subsections C, D, E and F applies. END_STATUTE

Sec. 11. Section 16-664, Arizona Revised Statutes, is amended to read:

START_STATUTE16-664. Recount of votes by automatic tabulating system

A. In the event of a court-ordered recount of votes that were cast and tabulated on electronic voting equipment for a state primary, state general or state special election, the secretary of state shall order the ballots recounted on an automatic tabulating system to be furnished and programmed under the supervision of the secretary of state. In the event of a court-ordered recount for elections other than for the office of supervisor, the secretary of state may designate the county board of supervisors to perform the duties assigned to the secretary of state.

B. If the office of secretary of state is contested, the governor shall order the ballots recounted on an automatic tabulating system to be furnished and programmed under the supervision of the governor.

C. The programs to be used in the recount of votes pursuant to this section shall differ from the programs prescribed by section 16-445 and used in the initial tabulation of the votes.

D. The county recorder or county officer in charge of elections may conduct the logic and accuracy testing on the automated tabulating system to be used in the recount of votes, and shall do so within forty-eight hours after the court orders a recount.

E. If the secretary of state has sufficient resources to conduct logic and accuracy testing on the automated tabulating system to be used in the recount of votes, the secretary of state shall notify the county recorder or county officer in charge of elections that the secretary of state will conduct the logic and accuracy testing. If the secretary of state notifies The county recorder or county officer in charge of elections that the secretary of state will conduct the logic and accuracy testing, the secretary of state shall complete the logic and accuracy testing within forty-eight hours after the court orders a recount. END_STATUTE

Sec. 12. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.