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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
write-in
candidates; filings; ballots
(NOW: inactive voters; hand counts; alternates)
Purpose
Modifies elections procedures relating to special district mail ballot elections, hand count audits, inactive voters on the active early voting list (AEVL), valid justice precinct designations for certain justice of the peace candidates and the circumstances relating to the cure period which require the county recorder or city or town clerk's office to be open during the weekend before and after the election.
Background
At least 90 days
before any polling place election scheduled in March or August, the county
recorder or other officer in charge of elections must mail a prescribed
election notice to all voters who are included on the AEVL and who are eligible
for the election. The notice must include the election dates that are the
subject of the notice, the dates that the voter's ballot is expected to be
mailed and the address where the ballot will be mailed. By the first day of
early voting, the county recorder or other officer in charge of elections must
mail an early ballot to all eligible voters on the AEVL. After a voter has
requested to be included on the AEVL, the voter must be sent an early ballot by
mail automatically until: 1) the voter requests, in writing, to be removed from
the AEVL; 2) the voter's registration or eligibility for registration is moved
to inactive status or canceled;
3) notice sent by the county recorder or other officer in charge of elections
is returned undeliverable and the voter's continued desire to remain on the
list is undetermined; or 4) the voter fails to vote an early ballot in all
elections for two consecutive election cycles (A.R.S. § 16-544).
The county recorder or other officer in charge of elections must allow signatures to be corrected by the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election. In addition to the office's regular business hours, the county recorders and any city or town clerks' offices that have an agreement with a county to be used as locations at which a voter may submit proof of identification must be open during regular business hours to allow for curing signatures during the Friday and weekend before the election, and the Friday and weekend after the election. Regular business hours include at a minimum 8:00 a.m. until 5:00 p.m. (A.R.S. § 16-550).
Any person who desires to be a candidate for a nonpartisan election and to have the person's name printed on the official ballot must be a qualified elector of and reside in the county, city, town, district, ward or precinct that the person proposes to represent at the time of filing the person's nomination paper (A.R.S. § 16-311).
The county officer in charge of elections must conduct a limited hand count audit for each countywide primary, special, general and presidential preference election. The races to be counted must include up to five contested races and must be determined by selecting the races by lot without the use of a computer, as follows: 1) one statewide ballot measure, if applicable, for a general election; 2) one contested statewide office race; 3) one contested race for federal office, as prescribed; and 4) one contested race for state legislative office, as prescribed. If there are fewer than four contested races resulting from the selections made additional contested races must be selected, if available, and by lot without the use of a computer until four races have been selected or until no additional contested races or ballot measures are available for selection. If there are no contested races, a hand count may not be conducted for that precinct for that election. Upon notice of a shortage in hand count workers, the political parties have until 9:00 a.m. on the second Thursday preceding the election to provide the county officer in charge of elections with an additional list of qualified electors who are willing to participate in the hand count. The hand count may not be conducted if more than 75 percent of the persons performing the hand count are from the same political party (A.R.S. § 16-602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a voter who is moved to inactive status and removed from AEVL from receiving an early ballot unless the voter updates or confirms the voter's registration information.
2. Specifies that the county recorder or other officer in charge of elections is not required to mail, to persons listed as inactive on the AEVL, the AEVL notice that includes the election dates, the date that the voter's ballot is expected to be mailed and the address where the ballot will be mailed.
3. Excludes voters who are listed as inactive from being mailed a ballot for a special district mail ballot election.
4. Specifies that, in addition to allowing for electors to obtain replacement ballots, the replacement ballot center for special district mail ballot elections must allow electors who are listed as inactive the opportunity to confirm or revise the elector's voter registration information and receive a ballot.
5. Stipulates that, if there are no ballots remaining that require identification or signatures to be cured for a primary, general or special election that includes a federal office, the county recorder and city and town clerks are not required to be open during the weekend before and after the election.
6. Requires a candidate who wishes to withdraw the person's name for candidacy to submit a signed and notarized statement of withdrawal to the appropriate filing officer.
7. Outlines additional justice precincts that a candidate for justice of the peace for election in 2026 may designate on the candidate's nomination paper and petition, including the candidate's:
a) justice precinct as used in the 2024 election;
b) justice precinct as changed or redistricted by the county as prescribed; or
c) district as designated by the redistricting plan that is ordered by a court of competent jurisdiction for use in the upcoming election.
8. Requires the filing officer to accept the justice of the peace candidate's nomination paper and petition as valid when an outlined justice precinct is designated and the candidate's statement of interest, nomination paper and nomination petition comply with otherwise applicable law.
9. Deems the petition signers for an outlined justice of the peace nomination petition as valid, if the signers are registered voters and residents of any of the specified justice precincts or districts that the candidate proposes to represent.
10. Excludes a justice of the peace candidate for a special election to fill a vacancy from the additional valid justice precinct designations.
11. Stipulates that one contested county race may be used in the hand count audit for primary, special and general elections if there is an insufficient number of contested federal, statewide or legislative races or ballot measures to satisfy the hand count audit requirements.
12. Requires additional uncontested races to be selected for the hand count audit by lot without the use of a computer until up to five races have been selected, if there is an insufficient number of contested federal, county, statewide or legislative races or ballot measures to select from.
13. Allows the county or state party chairperson of each political party to select persons from any political party to perform the hand count audit if:
a) a political party designee fails to appear for the hand count audit; and
b) the selection of persons to perform the hand count audit complies with the 75 percent threshold of hand count workers from the same political party and does not delay the hand count.
14. Adds alternates to the additional list of qualified electors who are willing to participate in the hand count audit that the political parties, after being notified of a shortage in hand count workers, provide to the county officer in charge of elections.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike everything amendment.
Amendments Adopted by Committee of the Whole
1. Outlines additional justice precincts that a justice of the peace candidate for election in 2026 may designate on the candidate's nomination paper and petition and that the filing officer must accept as valid.
2. Deems the petition signers for a justice of the peace candidate's nomination petition as valid if the signers are registered voters and residents of any of the specified justice precincts that the candidate proposes to represent.
3. Excludes a justice of the peace candidate for a special election to fill a vacancy from the modifications to valid district designations.
Senate Action
JUDE 3/26/25 DPA/SE 7-0-0
Prepared by Senate Research
April 9, 2025
ZD/KS/ci