ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: FMAE DP 7-0-0-0 | 3rd Read: 53-0-7-0

Senate: JUDE DPA/SE 7-0-0-0 | 3rd Read: 30-0-0-0

HB 2129: write-in candidates; filings; ballots

NOW: inactive voters; hand counts; alternates

Sponsor: Representative Bliss, LD 1

Senate Engrossed

 

The House Engrossed version of HB 2129 modifies the nomination paper deadline requirement and the form of the ballot relating to write-in candidates.

The Senate adopted a strike-everything amendment that does the following:

Overview

Outlines procedures for hand count audits, clarifies nomination and petition requirements for justices of the peace and establishes procedures for inactive voters that requested an early ballot.

History

Hand Count Audits

Hand count audits are required for every countywide primary, special, general and presidential preference election.  The hand count of a sample of ballots is required to test the accuracy of the vote tabulation equipment. Hand count audit results must be published online to specify the margins of error (A.R.S. § 16-602).

Justices of the Peace

Justices of the peace are elected for four-year terms and have exclusive original jurisdiction over civil actions involving amounts of less than or equal to $10,000 and various other civil and small claims as provided by law (A.R.S. § 22-201).

Provisions☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

Hand Count Audits

1.   Authorizes the county or state political party chairman to designate, for the hand count audit, persons from any political party, provided not more than 75% of persons conducting the hand count are from the same political party, if a political party fails to appear for the hand count audit. (Sec. 6)

2.   Allows the political parties to provide a list of alternates willing to participate in the hand count audit, upon notification that a sufficient number of persons have not been designated. (Sec. 6)

3.   Adds, to the possible criteria that can be selected by lot for a hand count audit, if there are not a sufficient number of contested federal, statewide or legislative races on the ballot, one contested county race. (Sec. 6)

4.   Clarifies that if there are not a sufficient number of contested races resulting from the selections made for a hand count audit, additional uncontested races must be selected by lot until 5 races have been selected. (Sec. 6)

Justices of the Peace

5.   Specifies that provided the candidate's statement of interest, nomination paper and nomination petition are otherwise in compliance with the law, the filing officer must accept as a valid filing a nomination paper and nomination petition that designate:

a)   the candidate's justice precinct as used in the 2024 election;

b)   the candidate's justice precinct as changed or redistricted by the county; or

c) the candidate's district as designated as the result of a redistricting plan that is ordered for use by a court of competent jurisdiction in the upcoming election. (Sec. 7)

6.   States that provided the candidate's nomination paper and nomination petition are otherwise in compliance with the law, the filing officer must accept the petition signers as valid if the petitions signers are registered voters who are residents of any or all of the following districts:

a)   the candidate's justice precinct as used in the 2024 election;

b)   the candidate's justice precinct as changed or redistricted by the county; or

c) the candidate's district as designated as the result of a redistricting plan that is ordered for use by a court of competent jurisdiction in the upcoming election. (Sec. 7)

7.   Clarifies that the provisions relating to justices of the peace do not apply to a special election to fill a vacancy for the office of justice of the peace. (Sec. 7)

Inactive Voters

8.   Clarifies that the County Recorder or officer in charge of elections must send an early ballot to an AEVL voter only if the voter is not listed as inactive. (Sec. 2)

9.   Directs the County Recorder or officer in charge of elections to allow for an inactive voter to confirm or revise their registration information and receive a ballot at the central location designated for early ballot replacement. (Sec. 5)

Miscellaneous

10.  Specifies that the County Recorder and city or town clerks are not required to be open during the weekend after the election if there are no remaining ballots that require curing. (Sec. 3)

11.  Allows a candidate to withdraw by submitting to the filing officer a signed, notarized statement of withdrawal. (Sec. 1)

12.  Makes technical and conforming changes. (Sec. 2, 3, 4, 6)

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15.  ---------- DOCUMENT FOOTER ---------

16.                    HB 2129

17.  Initials JH           Page 0 Senate Engrossed

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19.  ---------- DOCUMENT FOOTER ---------