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REFERENCE TITLE: presidential candidates; qualification; no exclusion |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1158 |
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Introduced by Senators Shamp: Borrelli, Carroll, Gowan; Representatives Montenegro, Smith
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An Act
amending section 16-212, Arizona Revised Statutes; relating to candidates for president.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-212, Arizona Revised Statutes, is amended to read:
16-212. Election of presidential electors; electoral college votes; vacancy; replacement
A. On the first Tuesday after the first Monday in November, 1956, and quadrennially thereafter, there shall be elected a number of presidential electors equal to the number of United States senators and representatives in Congress from this state.
B. After the secretary of state issues the statewide canvass containing the results of a presidential election, the presidential electors of this state shall cast their electoral college votes for the candidate for president and the candidate for vice president who jointly received the highest number of votes in this state as prescribed in the canvass.
C. A presidential elector who knowingly refuses to cast that elector's electoral college vote as prescribed in subsection B of this section is no longer eligible to hold the office of presidential elector and that office is deemed and declared vacant by operation of law. The chairperson of the state committee of the political party represented by that elector shall appoint a person who is otherwise qualified to be a presidential elector. The replacement presidential elector shall cast the elector's electoral college vote as prescribed by this section. Notwithstanding section 16-344 and any other statute, the nomination paper and affidavit of qualification of the replacement presidential elector may be completed and filed with the secretary of state as soon as is practicable after the presidential elector's appointment.
D. Notwithstanding any other law, a candidate for president may not be excluded or removed from the general election ballot on the basis of a claimed violation of the fourteenth amendment of the United States Constitution if the candidate is one of the following:
1. The official nominee of the national convention of delegates of a political party that is entitled to continued representation on the ballot as prescribed by section 16-804.
2. A qualified independent candidate for president as prescribed by section 16-341.
3. A qualified write-in candidate for president as prescribed by section 16-312.