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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Elections and Electors
Chapter : CONDUCT OF ELECTIONS
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16-400 Definition of mark
For the purposes of this chapter, "mark" means a character or symbol which is
distinguishable and noticeable to a reasonable person but which does not identify or
reveal the voter in a primary, general or special election conducted by this state or any
political subdivision of this state.
16-401 Applicability of general election law to primary elections
A. A primary election shall be held, the voters shall vote therein, the method of
voting shall be followed, the votes shall be counted and canvassed, the returns shall be
made, all in the same manner as provided for a general election and shall otherwise
conform to the laws governing general elections except as otherwise specifically
provided. All provisions of other laws governing elections not in conflict and including
registrations and qualifications of voters are made applicable to and shall govern
primary elections.
B. The powers and duties conferred by law upon boards and clerks of elections,
registration officers, canvassing boards and other public officials in connection with
general elections are conferred upon all such officers of primary elections and, unless
such powers or duties are otherwise specifically conferred, shall be exercised by them in
connection with primary elections.
C. Every act declared to be an offense by the general election law shall be an
offense under the primary election law and the offender shall be subject to the penalties
prescribed by such general election law.
16-402 Absence from employment for purpose of voting; application therefor; violation; classification
A. A person entitled to vote at a primary or general election held within this
state may, on the day of election, absent himself for the purpose of voting from the
service or employment at which he is employed if there are less than three consecutive
hours between the opening of the polls and the beginning of his regular workshift or
between the end of his regular workshift and the closing of the polls. In such event, he
may absent himself for such length of time at the beginning or end of his workshift that,
when added to the time difference between workshift hours and opening or closing of the
polls, will provide a total of three consecutive hours. He shall not, because of such
absence, be liable for any penalty, nor shall any deduction be made therefor from his
usual salary or wages. Application shall be made for such absence prior to the day of
election, and the employer may specify the hours during which the employee may absent
himself.
B. A person who refuses an employee the right conferred by this section, or who
subjects an employee to a penalty or reduction of wages therefor, or who directly or
indirectly violates the provisions of this section, is guilty of a class 2 misdemeanor.
16-403 City or town primaries; duties of officers
In city or town primary elections, the duties devolving upon the secretary of state
in other elections shall devolve upon the mayor or similar governing officer, board or
commission, and the duties prescribed in this chapter devolving upon the clerk of the
board of supervisors shall devolve upon the city or town clerk.
16-404 Preparation of polling place; voting booths; ballot boxes for paper ballots
Each polling place shall be provided by the board of supervisors with a sufficient
number of voting booths on which voters may conveniently mark their ballots screened from
the observation of others. Each booth shall be at least three square feet in size. Each
booth shall be supplied with such conveniences as will enable the voter to prepare his
ballot for voting. The board of supervisors shall also furnish each polling place with
ballot boxes, equipped with locks, large enough to properly receive and hold the ballots
cast.
16-405 Preparation for elections
The board of supervisors or other authority in charge of elections shall provide
voting or marking devices, voting booths, ballots, early ballots as prescribed by section
16-545, ballot boxes, ballot labels, ballot cards, write-in ballots and other supplies as
required. Where ballot cards are used each ballot card may have a serially numbered stub
which shall be removed before the ballot card is deposited in the ballot box. The
precinct number and, in primary elections, the party designation shall be printed on each
ballot card.
16-406 Public display of voting equipment
The board of supervisors or other authority in charge of elections shall place
voting equipment on public display at such times and places as it may determine for the
education of voters in their use.
16-407 Election officers; qualifications; certificates; certification programs; advisory committee; plan; exemption; election training fund
A. Except as provided in subsection H, no person may perform the duties or exercise
the authority of an election officer or of the clerk of the board of supervisors or the
county recorder in performance of election duties in or on behalf of any county unless
the person is the holder of an election officer's certificate issued by the secretary of
state before January 1 of each general election year.
B. The secretary of state shall provide for the examination of applicants for
election officer certificates. The secretary of state may not issue a certificate to a
person who has not demonstrated to the satisfaction of the secretary of state that the
person is competent to perform the work of an election officer or of the clerk of the
board of supervisors or the county recorder in the performance of election duties.
C. The secretary of state shall provide for election officer certification programs
of which successful completion by a person attests to the attendance at, participation in
and completion of a course of instruction in the technical, legal and administrative
aspects of conducting elections within this state.
D. An election officer education, training and certification advisory committee is
established consisting of the following members:
1. An assistant attorney general appointed by the attorney general.
2. Three election officers, deputy county election officers or county recorders
appointed by the secretary of state.
3. A training coordinator in the office of the secretary of state appointed by the
secretary of state.
E. The terms of members appointed pursuant to subsection D, paragraphs 1 and 2 are
one year. The training coordinator appointed pursuant to subsection D, paragraph 3 serves
at the pleasure of the secretary of state. The members of the advisory committee shall
choose a chairman from among themselves. The advisory committee shall meet at least
semiannually at a time and place set by the chairman. Additional meetings shall be held
on the call of the chairman or at the request of two or more members.
F. The advisory committee shall evaluate:
1. The curriculum proposed by the secretary of state for the election officer
certification program.
2. The procedures proposed by the secretary of state for evaluation of
participants.
3. The form and content of all examinations given in the election officer
certification program.
G. On or before December 31 of each year of a general election, the secretary of
state shall submit an election officer education, training and certification plan to the
advisory committee and to the president of the senate and the speaker of the house of
representatives. The plan shall outline the achievements and problems of the previous two
year period and specify the expected education, training and certification activities of
the coming two year period.
H. Subsection A does not apply to elected officials, clerical and secretarial
personnel, counting center personnel, precinct election board and tally board members and
election officials in cities or towns.
I. For city and town employees who work on elections, if the city or town chooses
to enroll the city or town employees in the certification program prescribed by this
section, cities and towns shall reimburse the secretary of state for the costs of
conducting the training. An election training fund is established consisting of monies
received pursuant to this subsection. The secretary of state shall administer the fund.
Monies in the fund are continuously appropriated and the secretary of state shall use
monies in the fund to pay the costs of training officials from cities and towns pursuant
to this subsection. 16-408 Cost of special district elections; bond
A. The cost of all special district elections provided in this title, including the
preparation of ballots and signature comparison, shall be charged against the funds of
the special district pursuant to law.
B. At the time of filing a petition for the formation of a special district, or at
any time thereafter but before publication of the call of election, a bond shall be filed
by the petitioners, with security approved by the board of supervisors, sufficient to pay
the expenses connected with the proceedings in case the election to form the district
fails.
C. If at any time during the proceedings the board determines the bond to be
insufficient, it may order the filing of an additional bond within a fixed time.
D. The governing body of any election district authorized to conduct an election
may contract with the board of supervisors and county recorder for election
services. The contracted cost of such special elections shall be a charge against the
election district.
16-409 Certain cities, towns and school districts; mail ballot elections; report
A. Notwithstanding section 16-558, a city, town or school district may conduct a
mail ballot election. A mail ballot election shall be conducted as otherwise prescribed
by article 8.1 of this chapter.
B. Cities, towns or school districts that conduct mail ballot elections pursuant to
subsection A of this section shall report to the president of the senate and the speaker
of the house of representatives by January 1 of each year immediately following a mail
ballot election. The report shall include the following:
1. Changes in voter turnout.
2. Relative costs of mail ballot elections compared to traditional elections.
3. Suggestions for improvements or refinements in the mail ballot program.
4. Frequency and severity of mail ballot irregularities.
5. Voter satisfaction with the election process.
6. Number of nondeliverable ballots.
16-411 Designation of election precincts and polling places; electioneering
A. The board of supervisors of each county shall, on or before December 1 of each
year preceding the year of a general election, by an order, establish a convenient number
of election precincts in the county and define the boundaries thereof. Such election
precinct boundaries shall be so established as included within election districts
prescribed by law for elected officers of the state and its political subdivisions
including community college district precincts, except those elected officers provided
for in titles 30 and 48.
B. Not less than twenty days before a general or primary election, and at least ten
days before a special election, the board shall designate one polling place within each
precinct where the election shall be held. Upon a specific finding of the board, included
in the order or resolution designating polling places pursuant to this subsection, that
no suitable polling place is available within a precinct, a polling place for such
precinct may be designated within an adjacent precinct. Adjacent precincts may be
combined if boundaries so established are included in election districts prescribed by
law for state elected officials and political subdivisions including community college
districts but not including elected officials prescribed by titles 30 and 48. The officer
in charge of elections may also split a precinct for administrative purposes. Any such
polling places shall be listed in separate sections of the order or resolution.
C. If the board fails to designate the place for holding the election, or if it
cannot be held at or about the place designated, the justice of the peace in the precinct
shall, two days before the election, by an order, copies of which he shall immediately
post in three public places in the precinct, designate the place within the precinct for
holding the election. If there is no justice of the peace in the precinct, or if the
justice of the peace fails to do so, the election board of the precinct shall designate
and give notice of the place within the precinct of holding the election. For any
election in which there are no candidates for elected office appearing on the ballot, the
board may consolidate polling places and precinct boards and may consolidate the
tabulation of results for that election if all of the following apply:
1. All affected voters are notified by mail of the change at least thirty-three
days before the election.
2. Notice of the change in polling places includes notice of the new voting
location, notice of the hours for voting on election day and notice of the telephone
number to call for voter assistance.
3. All affected voters receive information on early voting that includes the
application used to request an early voting ballot.
D. The board is not required to designate a polling place for special district mail
ballot elections held pursuant to article 8.1 of this chapter, but the board may
designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the
day of the election.
E. Except as provided in subsection F, a public school shall provide sufficient
space for use as a polling place for any city, county or state election when requested by
the officer in charge of elections.
F. The principal of the school may deny a request to provide space for use as a
polling place for any city, county or state election if, within two weeks after a request
has been made, he provides a written statement indicating a reason the election cannot be
held in the school, including any of the following:
1. Space is not available at the school.
2. The safety or welfare of the children would be jeopardized.
G. The board shall make available to the public as a public record a list of the
polling places for all precincts in which the election is to be held including
identification of polling place changes that were submitted to the United States
department of justice for approval.
H. Except in the case of an emergency, any facility that is used as a polling place
on election day shall allow electioneering and other political activity outside of the
seventy-five foot limit prescribed by section 16-515 in public areas and parking lots
used by voters.
16-412 Effective date of new precincts
After establishing precincts as provided in section 16-411, the board of supervisors
of each county shall deliver to the county recorder a complete description of these
precincts immediately after adoption. The county recorder shall then transfer all the
voters who reside in a new precinct as the result of this adoption by March 1 of the year
of the next general election. The county recorder shall mail the notice of the precinct
change to each household containing a registered voter, unless a sample ballot containing
the precinct name or number is mailed prior to the primary election. For the purpose of
conducting any election called pursuant to the laws of this state, precincts adopted
under the provisions of section 16-411 shall become effective no later than March 1 of
the year of the next general election.
16-413 Precincts; special district boundaries
A. Except as provided in subsection D of this section, the governing body of a
special district, except a district organized under title 48, chapter 17, shall establish
district election precincts that have the same boundaries as county election precincts
pursuant to section 16-411 and designate one polling place within each precinct. In
those cases where a district boundary bisects a county election precinct, that portion of
the election precinct that is within the district shall be the district election
precinct. The governing body may consolidate district election precincts if it deems it
necessary and designate one polling place for the election precincts it consolidates.
B. The governing body shall provide the county recorder with a description of the
district election precincts no later than sixty days before an election for which
signature rosters are to be prepared.
C. In elections to establish special districts, the board of supervisors shall act
as the governing body for purposes of this section.
D. If an election is a mail ballot election, the governing body shall not designate
polling places but shall determine the number and location of sites where ballots may be
returned.
16-421 Adoption of voting machines; experimental use
A. The governing body of a county, city or town may adopt for use at elections any
voting machine meeting with the requirements of section 16-424 and thereupon the voting
machine may be used at any or all elections for voting, registering and counting votes
cast at elections.
B. A governing body may provide for the experimental use of voting machines in one
or more polling places without a formal adoption thereof, and its use at the election is
as valid as if the machines had been permanently adopted.
16-422 Definitions; applicability of general laws
A. In this article, unless the context otherwise requires:
1. "Ballot", in its relation to a voting machine, means that portion of the
cardboard, paper or other material within the ballot frames containing the name of the
candidate, party designation or a statement of a proposed constitutional amendment, or
other question, proposition or measure with the word "yes" for voting in favor of any
proposed constitutional amendment, question, proposition or measure, or the word "no" for
voting against any thereof.
2. "Irregular ballot" means the vote cast for or on a special device for a person
whose name does not appear on the ballot labels.
3. "Protective counter" means the separate counter built into a voting machine
which cannot be reset and which records the total number of movements of the operating
lever.
B. The provisions of other election laws shall apply as far as practicable to
voting machines except as provided in this article.
16-423 Authorization for use at all elections
At all state, county, city or town elections and primary elections, ballots or votes
may be cast, registered, recorded and counted by voting machines, as provided in this
article, except questions voted on at the election which are unsuitable for voting
machines.
16-424 Specifications of voting machine
A. A voting machine shall be constructed to provide facilities for voting for
candidates at both primary and general elections.
B. A voting machine shall:
1. Permit a voter to vote for any person for any office whether or not nominated as
a candidate.
2. Insure voting in absolute secrecy.
3. Permit a voter to vote for any candidate or on any proposed constitutional
amendment, question, proposition or measure for whom or on which he is entitled to vote,
but none other.
4. Permit a voter to vote for the lawful number of candidates for an office, but no
more.
5. Prevent the voter from voting for the same person twice.
6. Be provided with a lock by which immediately after the polls are closed any
movement of the voting or registering mechanism is absolutely prevented.
C. A voting machine may be equipped with a device or devices for printing,
embossing or photographing the count as shown on the candidate and amendment
counters. The device will furnish a sheet of machine counter readings prior to the
opening of the polls and in addition will provide a sheet of machine counter readings
immediately upon close of polls in a minimum of three copies.
16-425 Preparation of machines prior to election
A. The board of supervisors or other authority in charge of elections where voting
machines are to be used shall:
1. Cause the proper ballot labels to be placed on the voting machines and place the
machines in proper order for voting.
2. Examine the machines before sending them to the polling places.
3. See that the registering counters are set at zero.
4. Lock the machines so that the counting mechanism cannot be operated and seal
each one with a numbered metal seal.
B. Before preparing the voting machines for an election, written notices shall be
mailed to the chairmen of the county committees of the different political parties
stating when and where the machines will be prepared, at which time and place one
representative of each of the political parties designated by the chairmen of the county
committees of the parties may be present.
C. When the machines have been prepared for an election the board of supervisors or
other authority shall make a certificate which shall be filed in its office stating:
1. The number of machines to be used at the election.
2. That all the machines were set at zero.
3. The number registered on the protective counters.
4. The number on the metal seal with which the machine is sealed.
16-426 Equipment to be provided with machine
Every voting machine shall be furnished with a light sufficient to enable the voters
to read the ballot labels and enable the election officers to examine the counters and
shall be provided with a curtain or other equipment so as to completely conceal the voter
and his action while voting.
16-427 Instruction of voters prior to election as to use of machine
A. The board of supervisors or other authority in charge of elections where voting
machines are used shall provide adequate facilities for instruction of voters prior to an
election and shall cause to be placed in one or more convenient public places a voting
machine or model with sample ballot labels affixed for the purpose of instructing voters
in the operation of the machine.
B. If the ballot labels used for this purpose are the same as those which will be
used for the ensuing election, the counting mechanism of the machine shall be concealed
from view until the machine is prepared for the election. If the machine or machines
used for instruction purposes are not to be used at the election, the counting mechanism
shall remain concealed from view until after the election.
16-428 Machine to remain sealed after election
A. The voting machine shall remain locked against voting for the period of fifteen
days and as much longer as may be necessary or advisable because of an existing or
threatened contest of the result of the election, except as provided in this chapter for
a retally of the vote, and except that it may be opened and all data and figures therein
examined upon order of the court.
B. If the voting machine or machines are equipped with a device or devices for
printing, embossing or photographing the count as shown on the candidate and amendment
counters, the provisions of subsection A shall not apply.
16-429 Custody of voting machines and keys
A. The local authorities adopting the machines shall have the custody when not in
use at an election and shall preserve and keep them in repair.
B. All keys for voting machines shall be kept securely under lock by the officers
having them in charge.
C. A public officer, who by any provision of law is entitled to the custody of the
machine for any period of time, shall be entitled to the keys of such machines in his
charge.
D. It is unlawful for any unauthorized person to have in his possession a key of
any voting machine.
E. All election officers or persons entrusted with the keys for election purposes,
or in the preparation of the machine therefor, shall not retain them longer than
necessary to use them for lawful purposes.
16-430 Number of voting machines in a precinct
Where voting machines are used, precincts shall be equipped by the board of
supervisors to provide a minimum of two voting machines for any number up to five hundred
registered electors, with one additional voting machine provided for each additional two
hundred fifty registered voters, or major fraction thereof, up to one thousand registered
voters, one additional voting machine for each additional five hundred registered voters,
or major fraction thereof, up to two thousand registered voters, and one additional
voting machine for each additional one thousand registered voters, or major fraction
thereof, for all over two thousand registered voters.
16-441 Effective date of article; approval of counting equipment
Provisions of this article shall become effective and operative when electronic or
electromechanical vote recording and ballot counting equipment has been satisfactorily
tested and has received the approval of the secretary of state. 16-442.01 Accessible voting technology; recommendations; certification; applicability
A. On completion of the certification process pursuant to this section and section
16-442, the secretary of state shall require that voting systems that are used by
entities that are governed by section 16-204, but not including cities and towns with a
population of less than twenty thousand persons, provide persons who are blind or
visually impaired with access to voting that is equivalent to that provided to persons
who are not blind or visually impaired.
B. For the purposes of this section:
1. A voting system that provides the voter with the ability to cast and verify by
both visual and nonvisual methods all of the selections that were made by that voter is
deemed to provide equivalent access.
2. Nonvisual methods for casting and verifying a selection made on a voting system
include the use of synthesized speech, braille and other output methods that do not
require sight.
C. The secretary of state shall consult with and obtain recommendations regarding
voting systems from nonprofit organizations that represent persons who are blind or
visually impaired, persons with expertise in accessible software, hardware and other
technology, county and local election officials and other persons deemed appropriate by
the secretary of state. After receiving recommendations, the secretary of state shall
submit to the committee established pursuant to section 16-442 one or more voting systems
that provide equivalent access pursuant to this section for possible certification for
use in this state.
D. Subsection A of this section applies to voting systems that are purchased or
upgraded on or after January 1, 2006.
16-442 Committee approval; adoption of vote tabulating equipment; experimental use; emergency
A. The secretary of state shall appoint a committee of three persons, to consist of
a member of the engineering college at one of the universities, a member of the state bar
of ARIZONA and one person familiar with voting processes in the state, no more than two
of whom shall be of the same political party, who shall investigate and test the various
types of vote recording or tabulating machines or devices which may be used under this
article. They shall submit their recommendations to the secretary of state who shall
make final adoption of the type or types, make or makes, model or models to be certified
for use in this state. The committee shall serve without compensation.
B. On completion of acquisition of machines or devices that comply with the help
America vote act of 2002 (P.L. 107-252), machines or devices used at any election for
federal, state or county offices may only be certified for use in this state and may only
be used in this state if they comply with the help America vote act of 2002 and if those
machines or devices have been tested and approved by a laboratory that is accredited
pursuant to the help America vote act of 2002.
C. After consultation with the committee prescribed by subsection A, the secretary
of state shall adopt standards that specify the criteria for loss of certification for
equipment used at any election for federal, state or county offices and that was
previously certified for use in this state. On loss of certification, machines or
devices used at any election may not be used for any election for federal, state or
county offices in this state unless recertified for use in this state.
D. The secretary of state may revoke the certification of any voting system or
device for use in a federal, state or county election in this state or may prohibit for
up to five years the purchase, lease or use of any voting system or device leased,
installed or used by a person or firm in connection with a federal, state or county
election in this state, or both, if either of the following occurs:
1. The person or firm installs, uses or permits the use of a voting system or
device that is not certified for use or approved for experimental use in this state
pursuant to this section.
2. The person or firm uses or includes hardware, firmware or software in a version
that is not certified for use or approved for experimental use pursuant to this section
in a certified voting system or device.
E. The governing body of a city or town or the board of directors of an
agricultural improvement district may adopt for use in elections any kind of electronic
voting system or vote tabulating device approved by the secretary of state, and thereupon
the voting or marking device and vote tabulating equipment may be used at any or all
elections for voting, recording and counting votes cast at election.
F. The secretary of state or the governing body may provide for the experimental
use of a voting system or device without a final adoption thereof, and its use at the
election is as valid as if the machines had been permanently adopted.
G. After consultation with the committee prescribed by subsection A, the secretary
of state may approve for emergency use an upgrade or modification to a voting system or
device that is certified for use in this state if the governing body establishes in an
open meeting that the election cannot be conducted without the emergency certification.
Any such emergency certification shall be limited to no more than six months. At the
conclusion of the certification period the voting system or device shall be decertified
and unavailable for future use unless certified in accordance with this section. 16-443 Authorization of use at all elections
At all state, county, city or town elections, agricultural improvement district
elections and primary elections, ballots or votes may be cast, recorded and counted by
voting or marking devices and vote tabulating devices as provided in this article.
16-444 Definitions; applicability of general laws
A. In this article, unless the context otherwise requires:
1. "Ballot" means a paper ballot on which votes are recorded, or alternatively may
mean ballot cards and ballot labels.
2. "Ballot card" means a tabulating card on which votes may be recorded by means of
punching or marking.
3. "Ballot labels" means the cards, papers, booklet, pages or other material
containing the names of offices and candidates and the statements of measures to be voted
on, which are placed on the voting device.
4. "Computer program" includes all programs and documentation adequate to process
the ballots at an equivalent counting center.
5. "Counting center" means one or more locations selected by the board of
supervisors for the automatic counting of ballots.
6. "Electronic voting system" means a system in which votes are recorded on a paper
ballot or ballot cards by means of marking or punching, and such votes are subsequently
counted and tabulated by vote tabulating equipment at one or more counting centers.
7. "Instructions and procedures manual" means the manual prepared for use as a
guide for the conduct of elections by an approved electronic voting system, including,
but not limited to, detailed instructions for the performance of each task relating to
the collection of ballots and the counting of votes in a manner which will provide
maximum security, efficiency and accuracy.
8. "Vote tabulating equipment" includes apparatus necessary to automatically
examine and count votes as designated on ballots or ballot cards and tabulate the
results.
9. "Voting device" means an apparatus which the voter uses to record his votes by
marking or punching a hole in a paper ballot or tabulating card, which votes are
subsequently counted by electronic tabulating equipment.
B. The provisions of all state laws relating to elections not inconsistent with
this article apply to all elections where electronic or electromechanical tabulating
devices are used. Any provision of law which conflicts with this article shall not apply
to the elections in which electronic or electromechanical tabulating devices are used.
16-445 Filing of computer election programs with secretary of state
A. For any state, county, school district, special district, city or town election,
including primary elections, utilizing vote tabulating devices as provided in this
article, there shall be filed with the secretary of state at least two weeks before the
date of the election a copy of each computer program for each election.
B. A copy of any subsequent revision of the computer program shall be filed in the
same manner within forty-eight hours following the revision.
C. Any tape or disc used in the programming or operation of a vote tabulating
device upon which votes are counted and any tape used in compiling vote totals shall be
kept under lock and seal, and if there is a retally of votes, the officer entrusted with
the tapes or discs shall submit his affidavit stating that they are the tapes or discs,
or both, used in the election and have not been altered.
D. All materials submitted to the secretary of state shall be used by the secretary
of state or attorney general to preclude fraud or any unlawful act under the laws of this
title and title 19 and shall not be disclosed or used for any other purpose.
E. Each program tape or disc or any other material submitted to the secretary of
state shall be returned to the county, city or town within six months after the close of
the election for which it was submitted except:
1. When a court ordered recount is pending.
2. When a restraining order is in effect.
3. When any other legal action is pending.
16-446 Specifications of electronic voting system
A. An electronic voting system consisting of a voting or marking device in
combination with vote tabulating equipment shall provide facilities for voting for
candidates at both primary and general elections.
B. An electronic voting system shall:
1. Provide for voting in secrecy when used with voting booths.
2. Permit each elector to vote at any election for any person for any office
whether or not nominated as a candidate, to vote for as many persons for an office as he
is entitled to vote for, to vote for or against any question upon which he is entitled to
vote, and the vote tabulating equipment shall reject choices recorded on his ballot card
or paper ballot if the number of choices exceeds the number which he is entitled to vote
for the office or on the measure.
3. Prevent the elector from voting for the same person more than once for the same
office.
4. Be suitably designed for the purpose used, of durable construction, and may be
used safely, efficiently and accurately in the conduct of elections and counting ballots.
5. Be provided with means for sealing the voting or marking device against any
further voting after the close of the polls and the last voter has voted.
6. When properly operated, record correctly and count accurately every vote cast.
7. Provide a paper document or ballot that visually indicates the voter's
selections. 16-447 Voting devices; inspection; specifications and number of booths
A. Beginning on January 1, 2006, the board of supervisors shall provide at each
polling place at least one device that complies with the help America vote act of 2002
(P.L. 107-252) and that is certified by the secretary of state for use by voters with
disabilities.
B. Prior to any election at which electronic voting devices are used, the board of
supervisors or other authority in charge of elections shall have the voting devices
prepared for the election and shall mail a notice to the chairmen of the county
committees of the different political parties, stating when and where the voting devices
may be inspected before they are sealed and delivered to the polling places.
C. The board of supervisors or other authority in charge of elections shall have
delivered to each polling place a sufficient number of voting booths and voting or
marking devices. The voting booths shall be durably constructed and shall be of
sufficient size and so designed as to enable the voter to mark his ballot in secrecy.
D. In any election, the election officer in charge of the election shall determine
the number of voting devices to be used. 16-448 Write-in votes; marking with rubber stamp or other devices; instructions
A. Whenever ballots are to be counted by electronic data processing equipment, all
write-in votes for candidates, to be counted, shall be marked by the voter with the
rubber stamp or other marking device in the space provided opposite the names of the
write-in candidates. The instructions to voters printed on the ballots shall instruct
the voter that the vote will not be counted unless the rubber stamp or other marking
device is used in marking the ballot when writing in a candidate's name.
B. When ballot cards are used to record votes, write-in votes may be recorded by
writing the name of the candidate and the office title on a separate ballot, which may be
in the form of a card or envelope.
16-449 Required test of equipment and programs; notice; procedures manual
A. Within the period of time before the election day prescribed by the secretary of
state in the instructions and procedures manual adopted pursuant to section 16-452, the
board of supervisors or other election officer in charge, or for an election involving
state or federal candidates, the secretary of state, shall have the automatic tabulating
equipment and programs tested to ascertain that the equipment and programs will correctly
count the votes cast for all offices and on all measures. Public notice of the time and
place of the test shall be given at least forty-eight hours prior thereto by publication
once in one or more daily or weekly newspapers published in the town, city or village
using such equipment, if a newspaper is published therein, otherwise in a newspaper of
general circulation therein. The test shall be observed by at least two election
inspectors, who shall not be of the same political party, and shall be open to
representatives of the political parties, candidates, the press and the public. The test
shall be conducted by processing a preaudited group of ballots so punched or marked as to
record a predetermined number of valid votes for each candidate and on each measure and
shall include for each office one or more ballots which have votes in excess of the
number allowed by law in order to test the ability of the automatic tabulating equipment
and programs to reject such votes. If any error is detected, the cause therefor shall be
ascertained and corrected and an errorless count shall be made before the automatic
tabulating equipment and programs are approved. A copy of a revised program shall be
filed with the secretary of state within forty-eight hours after the revision is made.
If the error was created by automatic tabulating equipment malfunction, a report shall be
filed with the secretary of state within forty-eight hours after the correction is made,
stating the cause and the corrective action taken. The test shall be repeated immediately
before the start of the official count of the ballots in the same manner as set forth
above. After the completion of the count, the programs used and the ballots shall be
sealed, retained and disposed of as provided for paper ballots.
B. Electronic ballot tabulating systems shall be tested for logic and accuracy
within seven days before their use for early balloting pursuant to the instructions and
procedures manual for electronic voting systems that is adopted by the secretary of state
as prescribed by section 16-452. The instructions and procedures manual shall include
procedures for the handling of ballots, the electronic scanning of ballots and any other
matters necessary to ensure the maximum degree of correctness, impartiality and
uniformity in the administration of an electronic ballot tabulating system.
16-450 Location and acquisition of vote tabulating devices
The vote tabulating device may be located at any place within the state approved by
the board of supervisors of the county or the governing board of other political
subdivisions using the device. The same device may be jointly owned, borrowed, leased or
used by two or more counties, cities or other political subdivisions to tabulate ballots
cast in any election.
16-451 Cost; means of financing
The board of supervisors may provide for the payment of the cost of vote tabulating
equipment in such manner and by such method as it may deem for the best local interests
and also may for that purpose issue bonds, certificates of indebtedness or other
obligations which shall be a charge on the county or city. The bonds, certificates or
other obligations may be issued with or without interest, payable at such time as the
authorities may determine, but shall not be issued or sold at less than par. The board
of supervisors may enter into lease agreements or lease purchase agreements for the use
of vote tabulating equipment.
16-452 Rules; instructions and procedures manual; approval of manual; field check and review of systems; violation; classification
A. After consultation with each county board of supervisors or other officer in
charge of elections, the secretary of state shall prescribe rules to achieve and maintain
the maximum degree of correctness, impartiality, uniformity and efficiency on the
procedures for early voting and voting, and of producing, distributing, collecting,
counting, tabulating and storing ballots. The secretary of state shall also adopt rules
regarding fax transmittal of unvoted ballots, ballot requests, voted ballots and other
election materials to and from absent uniformed and overseas citizens and shall adopt
rules regarding internet receipt of requests for federal postcard applications prescribed
by section 16-543.
B. Such rules shall be prescribed in an official instructions and procedures manual
to be issued not later than thirty days prior to each election. Prior to its issuance,
the manual shall be approved by the governor and the attorney general. The secretary of
state shall submit the manual to the governor and the attorney general not fewer than
ninety days before each election.
C. A person who violates any rule adopted pursuant to this section is guilty of a
class 2 misdemeanor.
D. The secretary of state shall provide personnel who are expert in electronic
voting systems and procedures and in electronic voting system security to field check and
review electronic voting systems and recommend needed statutory and procedural changes. 16-461 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 days after receipt of the sample ballot, the county chairman of each
political party shall suggest to the election officer any change the officer considers
should be made in the officer's party ballot, and if upon examination the election
officer finds an error or omission in the ballot the officer shall correct it. The
election officer shall cause 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. 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 prior to the election one sample
ballot of a political party to each household containing a registered voter of that
political party. 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 distribution 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.
16-462 Form of paper ballot
The ballots for a primary election shall be printed with a different color
designation for each political party that is included on the ballot. Unless otherwise
provided by law, at the top and above the heading there shall be a stub on which shall be
printed, "stub no. __________, register no. __________, to be torn off by inspector",
separated from the ballot by a perforated line. Below the perforated line shall be
printed, "official ballot of the __________ party, primary election (date), ___________
precinct, county (or city or town) of __________, state of ARIZONA." Below the heading
shall be placed the title of each office to be voted for, and an instruction to the voter
as to how many are to be voted for for the particular office, thus: "vote for not more
than __________" (insert the number to be elected), under which shall be placed
alphabetically and alternated, as provided by law, the names of all the party's
candidates to be voted for in each precinct of the county or precinct or ward of the city
or town for whom nomination papers have been filed for such office, leaving as many blank
lines as there are offices under that title to be filled, followed by a square to the
right of the candidate's name, and of the blank line. Double or more columns may be
arranged on the ballot. In other respects the ballot shall conform as nearly as possible
to the ballot prescribed for general elections. 16-463 Form of ballots; lever machines
A. Ballots prepared for use in a primary election shall be printed on material of a
different color for each political party represented.
B. The party name for each political party represented on the machines shall be
prefixed to the list of candidates of such parties.
C. The titles of offices may be arranged horizontally with the names of candidates
arranged vertically under the title of the office, or the titles of the offices may be
arranged vertically with the names of the candidates arranged horizontally opposite the
respective titles.
D. The arrangement of the names of the candidates and the offices shall be as
uniform as practicable and if not specifically provided for in this article shall be so
arranged as to comply with the law governing the use of paper ballots at elections
insofar as the construction of the machine will permit.
E. The machine shall be so adjusted that when one or more voting pointers equalling
the total number of persons to be elected to that office shall have been operated, all
other voting pointers connected with that office shall be thereby locked.
16-464 Rotation of names on ballots
A. When there are two or more candidates for a nomination, except in the case of
precinct committeemen, the names of all candidates for the nomination shall be so
alternated upon the ballots used in each election precinct that the name of each
candidate shall appear substantially an equal number of times at the top, at the bottom
and in each intermediate place of the list or group of candidates in which they
belong. When there are fewer than or the same number of candidates seeking office as the
number to be elected, rotation of names is not required and the names shall be placed in
alphabetical order.
B. The position of the names of candidates for precinct committeemen shall be drawn
by lot for appearance on the ballot when there are more candidates than positions
available. Such drawing shall take place at a public meeting called by the board of
supervisors for that purpose.
C. In elections in which paper ballots are used, the ballots shall be printed and
bound so that every ballot in the bound blocks shall have the names in a different and
alternating position from the preceding ballot.
D. The provisions of this section shall not be applied where voting machines are
used.
16-465 Arrangement of candidates' names at primary election
A. When there are two or more candidates of the same political party on the ballot,
the names of such candidates, except in the case of precinct committeemen, shall be so
alternated on the ballots used in each election precinct that the name of each candidate
shall appear substantially an equal number of times in each possible location. When
there are fewer than or the same number of candidates seeking office as the number to be
elected, rotation of names is not required and the names shall be placed in alphabetical
order.
B. In a primary election where voting machines are used, names of candidates for
precinct committeemen shall appear on the voting machine in alphabetical order according
to the first letter of the surnames of the candidates.
16-466 Ballots, ballot labels and ballot screens; electromechanical
A. Ballots, ballot labels and ballot screens, as far as practicable, shall be in
the same order of arrangement as provided for paper ballots, except that such information
may be printed in vertical or horizontal rows, or in a number of separate pages or
screens that are placed or displayed on the voting device.
B. Ballot labels shall be printed in plain clear type in black ink and, for use in
a general election, upon clear white materials and be of such size and arrangement as to
fit the construction of the voting device or the vote tabulating equipment. Ballots
prepared for use in a primary election shall be printed on material of a different color
designation for each political party represented. Ballots may contain printed code marks
or punched holes which may be used for placing the ballots in correct reading positions
in counting devices. The code marks or punched holes shall not be used in any way that
will reveal the identity of the voters voting the ballot.
C. The titles of offices may be arranged in vertical columns or in a series of
separate pages or screens and shall be printed above or at the side of the names of
candidates so as to indicate clearly the candidates for each office and the number to be
elected. In case there are more candidates for an office than can be printed in one
column or on one ballot page or screen, the ballot label shall be clearly marked that the
list of candidates is continued on the following column, page or screen, and insofar as
may be practicable, the same number of names shall be printed on each column, page or
screen.
D. In primary and nonpartisan elections the names of candidates for each office
shall appear on the ballot, ballot labels or ballot screens so that each candidate
occupies each position substantially the same number of times insofar as may be
practicable. If there are fewer or the same number of candidates seeking office than the
number to be elected, rotation of names shall not be required and the names shall be
placed in alphabetical order.
E. In primary elections for a judicial office if there are two or more candidates
of the same political party their names shall be alternated on the ballots or ballot
screens so that the name of each candidate shall appear substantially an equal number of
times in each possible location on the ballot or screen.
F. Two sample ballots, which shall be facsimile copies of the official ballot or
ballot labels, shall be provided for each polling place and shall be posted on election
day as provided for paper ballots. Sample ballots may be printed on a single page or on a
number of pages stapled together.
16-467 Method of voting on ballot
A. At primary elections there shall be provided a separate ballot for each party
entitled to participate in the primary.
B. Each party ballot shall be designated by the name of the party, and for a voter
who is registered as a member of a political party that is entitled to continued
representation on the ballot pursuant to section 16-804, the voter shall be given by the
judge of election one ballot only of the party with which the voter is affiliated as it
appears in the precinct register. For a voter who is registered as independent, or no
party preference or as a member of a political party that is not entitled to continued
representation on the ballot pursuant to section 16-804, the voter shall designate the
ballot of only one of the political parties that is entitled to continued representation
on the ballot and the judge of election shall give the elector only that political
party's ballot.
C. If a person is nominated on more than one ticket, the person shall promptly file
with the officer in charge of the preparation of election ballots a written declaration
indicating the party name under which the person's name is to be printed on the official
election ballot, and the person's name shall be printed only under the party name.
D. For any political party that is entitled to continued representation on the
ballot, section 16-822 applies to the election of precinct committeemen. 16-468 Form of ballot; optical scanning system; sample ballots
For any ballots intended for use in an optical scanning system, the following apply:
1. As nearly as is practicable, ballots shall have material printed in the same
order as provided for paper ballots, except that material may be printed in vertical or
horizontal rows or on separate pages. A ballot stub is not required.
2. Ballots shall be printed in plain clear type in black ink, and for a general
election, on clear white materials, and shall be of a size and arrangement to fit the
construction of the vote tabulating equipment or other voting device. For a primary
election, ballots shall have a different color indicator for each political party that is
represented. Ballots may contain printed code marks that may be used for placing the
ballots in the correct position for tabulating devices. The code marks shall not be
printed or used in any manner that will disclose the identity of the voter who votes that
ballot.
3. The titles of offices may be arranged in vertical columns or in a series of
separate pages and shall be printed above or at the side of the names of candidates in
order to clearly indicate the candidates for each office and the number to be
elected. If there are more candidates for an office than can be printed in one column or
on one ballot page, the ballot label shall be clearly marked to indicate that the list of
candidates is continued on the following column or page and, as nearly as is practicable,
so that the same number of names is printed in each column or on each page.
4. As nearly as is practicable, in primary and nonpartisan elections, the names of
candidates for each office shall appear on the ballot so that each candidate occupies
each position on the ballot the same number of times. If there are fewer or the same
number of candidates seeking office than the number to be elected, rotation of names is
not required and the names shall be placed in alphabetical order.
5. As nearly as is practicable, in a primary election for a judicial office, if
there are two or more candidates of the same political party, the candidate names shall
be alternated on the ballot so that the name of each candidate appears an equal number of
times in each possible location on the ballot.
6. Two sample ballots shall be provided for each polling place and shall be posted
at the polling place on election day. Sample ballots may be printed on a single page or
on a number of pages that are assembled together. A sample ballot shall be a facsimile
copy of the official ballot.
7. The secretary of state shall establish a procedure pursuant to section 16-452
for the elimination of stubs for official ballots.
16-501 Compliance with primary election law as prerequisite to printing name on ballot
Except as provided in title 16, chapter 3, article 5, no person shall have his name
printed on the official ballot as a candidate in a general election unless he has
complied fully with the provisions of law applicable to primary elections.
16-502 Form and contents of ballot
A. Ballots shall be printed with black ink on white paper of sufficient thickness
to prevent the printing thereon from being discernible from the back, and the same type
shall be used for the names of all candidates. The ballots shall be headed "official
ballot" in bold-faced plain letters, with a heavy rule above and below the heading.
Immediately below shall be placed the words "type of election, (date of election)" and
the name of the county and state in which the election is held. The name or number of the
precinct in which the election is held shall be placed on the ballot in a uniform
location for all ballots. No other matter shall be placed or printed at the head of any
ballot, except above the heading there may be a stub that contains the words "stub no.
_____, register no. _____, to be torn off by inspector." The stub shall be separated from
the ballot by a perforated line, so that it may be easily detached from the ballot.
Instructions to the voter on marking the ballot may be printed below the heading. The
official ballots shall be bound together in blocks of not less than five nor more than
one hundred.
B. Immediately below the ballot heading shall be placed the following:
"Section One
Partisan Ballot
1. Put a mark according to the instructions next to the name of each
candidate for each partisan office for whom you wish to vote.
2. If you wish to vote for a person whose name is not printed on the
ballot, write such name in the blank space provided on the ballot or write-in
envelope and put a mark according to the instructions next to the name so
written."
C. Immediately below the instructions for voting in section one there shall be
placed in columns the names of the candidates of the several political parties. Next to
each candidate's name there shall be printed in bold-faced letters the name of the
political party. At the head of each column shall be printed the names of the offices to
be filled with the name of each office being of uniform type size. At the head of each
column shall be printed in the following order the names of candidates for:
1. Presidential electors.
2. United States senator.
3. Representatives in congress.
4. The several state offices.
5. The several county and precinct offices.
D. The names of candidates for the offices of state senator and state
representative along with the district number shall be placed within the heading of each
column to the right of the office name for state offices and immediately below the
candidates for the office of governor. The number of the supervisorial district of which
a candidate is a nominee shall be printed within the heading of each column to the right
of the name of the office.
E. The lists of the candidates of the several parties shall be arranged with the
names of the parties in descending order according to the votes cast for governor for
that county in the most recent general election for the office of governor, commencing
with the left-hand column. In the case of political parties which did not have candidates
on the ballot in the last general election, such parties shall be listed in alphabetical
order below the parties which did have candidates on the ballot in the last general
election. The names of all candidates nominated under section 16-341 shall be placed in a
single column below that of the recognized parties. Next to the name of each candidate,
in parentheses, shall be printed the designation not to exceed three words in length as
prescribed in the candidate's certificate of nomination.
F. Immediately below the designation of the office to be voted for shall appear the
words: "Vote for not more than _________" (insert the number to be elected).
G. In each column at the right of the name of each candidate and on the same line
there shall be a place for the voter to put a mark. Below the name of the last named
candidate for each office there shall be as many blank lines as there are offices of the
same title to be filled, with a place for the voter to put a mark unless write-in
envelopes are provided for that purpose. Upon the blank line the voter may write the name
of any person for whom he desires to vote whose name is not printed, and next to the name
so written he shall designate his choice by a mark as in the case of printed names.
H. When there are two or more candidates of the same political party for the same
office, or more than one candidate for a judicial office, the names of all such
candidates shall be so alternated on the ballots used in each election district that the
name of each candidate shall appear substantially an equal number of times in each
possible location. If there are fewer or the same number of candidates seeking office
than the number to be elected, the rotation of names is not required and the names shall
be placed in alphabetical order.
I. Immediately below section one of the ballot shall be placed the following:
"Section Two
Nonpartisan Ballot
1. Put a mark according to the instructions next to the name of each
candidate for each nonpartisan office for whom you wish to vote.
2. If you wish to vote for a person whose name is not printed on the
ballot, write such name in the blank space provided on the ballot or write-in
envelope and put a mark according to the instructions next to the name so
written.
3. Put a mark according to the instructions next to the word 'yes' (or
for) for each proposition or question you wish to be adopted. Put a mark
according to the instructions next to the word 'no' (or against) for each
proposition or question you wish not to be adopted."
J. Immediately below the instructions for voting in section two shall be placed the
names of the candidates for judges of the superior court standing for election pursuant
to article VI, section 12, Constitution of ARIZONA, school district officials, justice of
the supreme court, judges of the court of appeals, judges of the superior court standing
for retention or rejection pursuant to article VI, section 38, Constitution of ARIZONA,
and other nonpartisan officials in a column or in columns without partisan or other
designation except the title of office in an order determined by the officer in charge of
the election.
K. Immediately below the offices listed in subsection J of this section, the ballot
shall contain a separate heading of any nonpartisan office for a vacant unexpired term
and shall include the expiration date of the term of the vacated office.
L. All proposed constitutional amendments and other propositions or questions to be
submitted to the voters shall be printed immediately below the names of candidates for
nonpartisan positions in such order as the secretary of state, or if a city or town
election, the city or town clerk, designates. Placement of county and local charter
amendments, propositions or questions shall be determined by the officer in charge of the
election. Except as provided by section 19-125, each proposition or question shall be
followed by the words "yes" and "no" or "for ______" and "against ______" as the nature
of the proposition or question requires, and at the right of and next to each of such
words shall be a place for the voter to put a mark according to the instructions that is
similar in size to those places appearing opposite the names of the candidates, in which
the voter may indicate his vote for or against such proposition or question by a mark as
defined in section 16-400.
M. Instead of printing the official and descriptive titles or the full text of each
measure or question on the official ballot, the officer in charge of elections may print
phrases on the official ballot that contain all of the following:
1. The number of the measure in reverse type and at least twelve point type.
2. The designation of the measure as prescribed by section 19-125, subsection C or
as a question, proposition or charter amendment, followed by the words "relating to..."
and inserting the subject.
3. Either the statement prescribed by section 19-125, subsection D that describes
the effects of a "yes" vote and a "no" vote or, for other measures, the text of the
question or proposition.
4. The words "yes" and "no" or "for" and "against", as may be appropriate and a
place for the voter to put a mark.
N. For any ballot printed pursuant to subsection M of this section, the
instructions on the official ballot shall direct the voter to the full text of the
official and descriptive titles and the questions and propositions as printed on the
sample ballot and posted in the polling place.
16-503 Duty to prepare and provide ballots; cost of printing ballots and instruction cards as public expense
A. The board of supervisors, and in city and town elections, the city or town
clerk, shall prepare and provide ballots containing the names of all persons whose
certificates of nomination have been filed with them. The ballots shall be printed and
ready for inspection by the candidates and their agents at least ten days before a
general election and at least five days before a city or town election.
B. All ballots cast in elections for public office within the state, and the cards
of instruction to voters, shall be printed, delivered and distributed at public expense
and shall be a county charge, but when used at local elections shall be a charge against
the city or town in which the local election is held.
C. For special district elections the governing body is responsible for the duties
and charges as provided in subsections A and B.
16-504 Form of ballots; lever machines
Ballots for voting machines shall be printed in black ink and, for use in a general
election, on clear, white material of such size as will fit the ballot frame, and in as
plain, clear type as the space will reasonably permit and as otherwise provided in
section 16-502.
16-505 Procedure for excessive size of ballot
Where voting machines are used and the number of partisan offices and propositions
or the number of political parties makes the ballot too large to fit on the voting
machine, the board of supervisors may have the propositions printed on a separate paper
ballot.
16-506 Ballot and ballot labels; electromechanical
A. In all elections the ballots shall provide a means whereby each elector may vote
for the candidates of his choice.
B. Immediately below the designation of the office to be voted for shall appear the
words: "Vote for not more than __________" (insert the number to be elected).
C. In general elections for the state house of representatives the names of the
candidates of the same political party shall be alternated on the ballots used in each
district so that the name of each candidate shall appear substantially an equal number of
times in each possible location on the ballot as may be practicable. If there are fewer
or the same number of candidates seeking office than the number to be elected, the
rotation of names is not required and the names shall be placed in alphabetical order.
16-507 Presentation of presidential electors on ballot
When presidential electors are to be voted for, the candidates therefor of each
party shall be grouped and printed together, arranged in each group in alphabetical
order, and the entire group of electors of each party shall be enclosed in a scroll or
bracket to the right and opposite the center on which shall be printed in bold type the
surname of the presidential candidate represented. To the right of and on a line with
the surname shall be placed a square in which the voter may indicate his choice by a mark
as defined in section 16-400, and one mark opposite a group of presidential electors
shall be counted as a vote for each elector in such group.
16-508 Number of ballots furnished each polling place
There shall be furnished for each precinct in which an election is to be held a
number of early ballots and printed ballots exceeding by at least one per cent the number
of registered voters whose names appear on the precinct register of the precinct, city,
town or district for which the ballots are printed. 16-509 Delivery of ballots to election officers
The board of supervisors, city or town clerk or governing body of a special district
shall deliver, by mail or other reliable method, to each voting precinct or to the
inspector of each election board as determined by the officer in charge of elections one
package containing the required number of ballots, at least forty-eight hours before the
hour for opening the polls on election day, unless prevented by some unavoidable delay or
accident which shall be established by affidavit of election officers or bearers of
ballots. The official ballots shall be sent in sealed packages with marks on the outside
of the package clearly designating the polling place for which they are intended and the
number of ballots enclosed. Upon delivery of the package to him, the inspector shall
return receipts therefor to the person from whom received. 16-510 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 a ballot proof of the sample ballot for his review.
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 prior to the election one such
sample ballot to each household in the county containing a registered voter. 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 such sample ballot actually mailed,
and the secretary of state shall direct payment of such authenticated claim from funds of
his 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.
16-511 Duty of board of supervisors to furnish election supplies to precinct officers
The necessary printed blanks for poll lists, tally lists, lists of voters, ballots,
oath and returns, together with envelopes in which to enclose the returns, shall be
furnished by the board of supervisors to the officers of each election precinct at the
expense of the county. For those elections over which the board of supervisors has no
responsibility, the governing body of each election district is responsible for
furnishing the necessary supplies for elections which it calls.
16-512 Displaying United States flag at polls
The board of supervisors shall provide for the display of the flag of the United
States in or near every polling place on election days during the hours the polls are
open. This section shall apply only to elections over which the county board of
supervisors has jurisdiction.
16-513.01 Right to vote a provisional ballot; notice
The board of supervisors or other officer in charge of elections shall furnish to
the inspector in each election precinct at least two "right to vote a provisional ballot"
notices at the time and in the same manner as the printed ballots are furnished. The
"right to vote a provisional ballot" notice shall be as prescribed by the secretary of
state's procedures manual.
16-513 Instructions for voters and election officers
The board of supervisors shall prepare instructions for the guidance of voters and
election officers at the election, according to which the election shall be conducted and
which shall govern the voters and election officers as provided in the secretary of
state's procedures manual. The board of supervisors shall furnish to the inspector in
each election precinct at least two instruction cards, at the time and in the same manner
as the printed ballots are furnished. 16-514 Notice to voters; form
The board of supervisors shall furnish, to be placed in each voting booth, unless
the information is printed on the sample ballot, a card or poster printed in English in
large plain type containing the following:
"Notice to Voters.
Section one of this ballot is comprised of partisan candidates. To vote
for the candidates for the partisan offices, mark or punch the ballot next to
the name of the candidate for each partisan office for whom you wish to vote.
If you wish to vote for a person whose name is not printed on the ballot,
write such name in the blank space provided and put a mark next to the name
according to the instructions, except that if a write-in ballot envelope is
provided for such purpose, write the name and title of office of such person.
Section two of this ballot is comprised of nonpartisan candidates
including judicial candidates, school district candidates and initiative or
referendum propositions. To vote for the candidates for the nonpartisan
offices, mark or punch the ballot opposite the name of the candidate for each
nonpartisan office for which you wish to vote. If you wish to vote for a
person whose name is not printed on the ballot, write such name in the blank
space provided and put a mark next to the name according to the instructions,
except that when a write-in ballot envelope is provided for such purpose,
write the name and title of the office of such person. Mark or punch the
ballot by the word 'yes' (or for) for each proposition or question which you
wish to be adopted. Mark or punch the ballot by the word 'no' (or against) for
each proposition or question which you wish not to be adopted.
When marking a paper ballot the voter shall do so by placing a mark next
to the printed name or in the square following the name written in.
When punching a ballot card the voter shall do so by punching the
position next to the name of the candidate or the position next to the 'yes'
or 'no' for the measures submitted to the voters."
16-515 "Seventy-five foot limit" notices; posting; violation; classification
A. The board of supervisors shall furnish, with the ballots for each polling place,
three notices, printed in letters not less than two inches high, reading: "Seventy-five
foot limit" and underneath that heading the following:
No person shall be allowed to remain inside these limits while the polls are
open, except for the purpose of voting, and except the election officials, one
representative at any one time of each political party represented on the
ballot who has been appointed by the county chairman of such political party,
and the challengers allowed by law. Voters having cast their ballots shall at
once retire without the seventy-five foot limit. A person violating any
provision of this notice is guilty of a class 2 misdemeanor.
B. A minor voting in a simulated election at a polling place is subject to the same
seventy-five foot limit restrictions prescribed for a voter. Persons supervising or
working in a simulated election in which minors vote may remain within the seventy-five
foot limit of the polling place. The inspector for the polling place shall exercise
authority over all election and simulated election related activities at the polling
place.
C. For an election that is held by an Indian tribe and that is held at a polling
place at the same time and on the same date as any other election, the following apply:
1. A person who is voting is subject to the same seventy-five foot limit
restrictions prescribed for other voters.
2. An election official for the tribal election may remain within the seventy-five
foot limit for the polling place.
D. With the permission of the voter, a minor may enter and remain within the
seventy-five foot limit in order to accompany a voter into a polling place, an on-site
early voting facility and a voting booth while the voter is voting.
E. Any person violating any provision of the seventy-five foot limit notice is
guilty of a class 2 misdemeanor. 16-516 Form of poll lists
A. The following form of poll lists shall be kept by boards and clerks of election:
"Poll lists.
Of the election held in the precinct of ____________ in the county of ____________ on the
____________ day of ____________ nineteen hundred ____________, A.B., C.D. and E.F.,
judges, and G.H. and J.K., clerks of the election, were respectively sworn or affirmed,
as the law directs, previous to their entering on the duties of their respective offices,
and the following is the number and name of electors voting:
______________________________________________________________
______________________________________________________________ Ballot
stub Register Name
No. No.
______________________________________________________________
______________________________________________________________
______________________________________________________________
We hereby certify that the number of electors voting at this election was
__________________________
__________________________
__________________________
Clerks
_________________________
_________________________
_________________________
Board of election."
B. The paper used for poll lists is exempt from the paper size restrictions
prescribed by section 39-103.
16-517 Form of tally list
The tally list shall be in the following form: We hereby certify the following to be
a true tally of the votes for the candidates and offices shown herein cast at the
election held on the day of , 19 in election
precinct, county, ARIZONA:
Names of offices Tally of votes
and candidates: (to be tallied in blocks Total vote
of five as:) (as:)
For
representative
in Congress:
John Doe //// Ninety-nine
We further certify that the total vote set opposite the name of each candidate is the
total number of votes received by him in the precinct of election.
(Leaving lines with designation, for signatures of clerks and board of election or tally
board.)
16-531 Appointment of election boards and tally boards; qualifications
A. When an election is ordered, and not less than twenty days prior to a general or
primary election, the board of supervisors shall appoint for each election precinct one
inspector, one marshal, two judges and not less than two clerks of election. The
inspector, marshal, judges and clerks shall be qualified voters of the precinct for which
appointed, unless there is not a sufficient number of persons available to provide the
number of appointments required. The inspector, marshal and judges shall be members of
the two political parties which cast the highest number of votes in the state at the last
preceding general election and shall be divided equally between these two
parties. One-half or one more than one-half of the inspectors in the various precincts
in the county shall be members of one of the two largest political parties and the
remaining inspectors shall be members of the other of the two largest political
parties. In each precinct where the inspector is a member of one of the two largest
political parties, the marshal in that precinct shall be a member of the other of the two
largest political parties. Whenever possible, any person appointed as an inspector shall
have had previous experience as an inspector, judge, marshal or clerk of elections. If
there is no qualified person in a given precinct, the appointment of an inspector may be
made from names provided by the county party chairman. If not less than ninety days
prior to the election the chairman of the county committee of either of the parties
designates qualified voters of the precinct, or of another precinct if there are not
sufficient members of his party available in the precinct to provide the necessary
representation on the election board as judge, such designated qualified voters shall be
appointed. The judges, together with the inspector, shall constitute the board of
elections. Any registered voter in the election precinct, or in another election
precinct if there are not sufficient persons available in the election precinct for which
the clerks are being appointed, may be appointed as clerk.
B. If the election precinct consists of fewer than two hundred qualified electors,
the board of supervisors may appoint not fewer than one inspector and two judges. The
board of supervisors shall give notice of election precincts consisting of fewer than two
hundred qualified electors to the county chairmen of the two largest political parties
not later than thirty days before the election. The inspector and judges shall be
appointed in the same manner by party as provided in subsection A.
C. If a nonpartisan election is ordered, not less than twenty days before the
election the governing board holding the election shall appoint, without consideration
for political party, a minimum of three election workers for each polling place. The
election workers shall consist of at least one inspector and two judges. Whenever
possible, they shall be qualified electors of the precinct located within the district,
without consideration for political party.
D. Where the election precinct consists of three hundred fifty or more qualified
electors, the board of supervisors may in addition to the board of elections appoint a
similar board to be known as the tally board. The tally board shall take custody of the
ballots from the closing of the polls until the tally of the ballots is completed. The
tally board shall consist of the inspector of the board of elections, two judges and not
less than two clerks. The inspector and two judges shall be appointed to provide as
equal as practicable representation of members of the two largest political parties on
the board in the same manner as provided for the election boards. Any registered voter
in the election precinct, or in another election precinct if there are not sufficient
persons available in the election precinct for which the clerks are being appointed, may
be appointed as clerk. A member appointed to serve on the tally board, with the
exception of the inspector of the board of elections, shall not be appointed to serve on
the board of elections. The inspector of the board of elections shall be a member of the
tally board and during such time shall act as the supervisor of the tally board. No
United States, state, county or precinct officer, nor a candidate for office at the
election, other than a precinct committeeman or a candidate for the office of precinct
committeeman, is qualified to act as judge, inspector, marshal or clerk.
E. If an electronic voting system is in use the write-in ballots shall be tallied
by a board of elections consisting of one inspector and two judges who are appointed in
the same manner by party as provided in subsection A.
F. At least ten days before a special election, the governing body conducting the
election may in like manner appoint a special tally board or boards for the specific
purpose of tallying the ballots on the closing of the polls. The tally boards shall
consist of at least one inspector and two judges. The inspector of the board of
elections shall act as the supervisor of the tally board.
G. Nothing in this section shall prevent the board of supervisors or governing body
from refusing for cause to reappoint, or from removing for cause, an election or tally
board member.
16-532 Instruction of election board inspectors and judges; certificate of qualification; optional training; instruction of counting center election officials
A. Not more than forty-five days prior to an election the board of supervisors or
other authority in charge of elections shall conduct a class for the instruction of
inspectors and judges of the election board in their duties, which shall include
instruction in the voting system to be used and the election laws applicable to such
election. Each election board member receiving instructions and properly qualified shall
receive a certificate of qualification. Only inspectors and judges of the election board
who have received the required instruction class shall serve at any election, except as
provided pursuant to sections 16-533 and 16-534. Other members of the election board may
be trained at the same time.
B. The instructor of election board members shall be qualified in election law and
shall have had practical experience in the election process such person is teaching.
C. The election authority in charge of the instructional classes may conduct
multiple sessions to insure that election board members receive adequate instruction.
D. The board of supervisors or other officer in charge of elections may approve an
alternate method of instruction and testing for election board members. Each election
board member who successfully completes the instruction shall be certified as a premium
board worker. This instruction may include at least eight classroom hours of instruction
and shall include a written examination on election law and election procedures. Except
as provided in subsection E of this section, a certified premium board worker shall not
be required to receive additional instruction for at least thirty months from the date of
that worker's individual certification. The board of supervisors may approve additional
compensation for certified premium board workers.
E. The board of supervisors or other authority in charge of elections may require
additional training at any time for any or all election board workers, including premium
board workers. The board of supervisors or other authority in charge of elections shall
notify election board workers in writing of changes in the law regarding elections or
changes in election procedures. This notification shall be made immediately preceding
the election in which the statutory change or procedural change regarding election law
becomes effective.
F. Not more than forty-five days prior to the day of an election utilizing a punch
card method of voting and electromechanical tabulation of ballots, the board of
supervisors or other authority in charge of elections shall conduct a class for the
deputized counting center election officials in their duties.
16-533 Filling vacancy in election board by electors
If the board of supervisors fails to appoint the board of election, or if all
members appointed do not attend at the opening of the polls on the morning of the
election, the members of the election board of the precinct present at that hour may fill
the board or supply the place of an absent member thereof from the list of alternate
election board members supplied by the county chairman of the political party from which
another election board member is needed to maintain a political party balance. Such
alternate board member is not required to be a qualified elector in the precinct for
which the election board is serving.
16-534 Inspector as chairman and supervisor of board; powers; power of board and clerks to administer oaths; oath of members
A. The inspector shall be chairman of the election board, and supervisor of the
tally board, and may appoint judges, clerks and a marshal if during the election a judge,
clerk or marshal fails to act, or has not been appointed, and if the list of alternate
board members as specified in section 16-533 is not available.
B. The inspector, any member of the election board or clerks thereof may administer
and certify oaths required in the election.
C. Before opening the polls, each member of the board and each clerk shall take an
oath to faithfully perform the duties imposed upon him by law. Any elector of the
precinct may administer and certify the oath.
16-535 Election marshal; appointment; powers and duties
A. The board of supervisors shall, at the time provided in section 16-531, appoint
a qualified voter of the precinct as election marshal.
B. The election marshal shall preserve order at the polls and permit no violation
of the election laws and for that purpose is vested with powers of a constable from the
opening of the polls until the count of the ballots is completed. The election marshal
may perform the duties of any other election board member on a relief basis.
16-536 Compensation of election and tally board officers
The compensation of the election and tally board officers shall be fixed by the
board of supervisors and shall be a county charge. In no case shall an election or tally
board member be paid less than thirty dollars per day.
16-537 Powers and duties of election officers with respect to special elections
The powers and duties conferred or imposed by law upon any public officer with
respect to regular elections are conferred and imposed upon such officers with respect to
special elections.
16-541 Early voting
A. Any election called pursuant to the laws of this state shall provide for early
voting. Any qualified elector may vote by early ballot.
B. A qualified elector of a special district organized pursuant to title 48 shall
be permitted to vote early in any special district mail ballot election as provided in
article 8.1 of this chapter.
16-542 Request for ballot
A. Within ninety days next preceding the Saturday before any election called
pursuant to the laws of this state, an elector may make a verbal or signed request to the
county recorder, or other officer in charge of elections for the applicable political
subdivision of this state in whose jurisdiction the elector is registered to vote, for an
official early ballot. In addition to name and address, the requesting elector shall
provide the date of birth and state or country of birth or other information that if
compared to the voter registration information on file would confirm the identity of the
elector. If the request indicates that the elector needs a primary election ballot and a
general election ballot, the county recorder or other officer in charge of elections
shall honor the request. For any partisan primary election, if the elector is not
registered as a member of a political party that is entitled to continued representation
on the ballot pursuant to section 16-804, the elector shall designate the ballot of only
one of the political parties that is entitled to continued representation on the ballot
and the elector may receive and vote the ballot of only that one political party. The
county recorder may establish on-site early voting locations at the recorder's office or
any other locations in the county the recorder deems necessary.
B. Notwithstanding subsection A of this section, a request for an official early
ballot from an absent uniformed services voter or overseas voter as defined in the
uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 42 United
States Code section 1973) or a voter whose information is protected pursuant to section
16-153 that is received by the county recorder or other officer in charge of elections
more than ninety days next preceding the Saturday before the election is valid. If
requested by the absent uniformed services or overseas voter, or a voter whose
information is protected pursuant to section 16-153, the county recorder or other officer
in charge of elections shall provide to the requesting voter early ballot materials
through the next two regularly scheduled general elections for federal office immediately
following receipt of the request.
C. The county recorder or other officer in charge of elections shall mail postage
prepaid to the address provided by the requesting elector, which address shall be the
elector's residence address or the location where the elector is temporarily residing
while absent from the precinct, the early ballot and the envelope for its return within
five days after receipt of the official early ballots from the officer charged by law
with the duty of preparing ballots pursuant to section 16-545. If a statewide voter
registration database is not yet operational and if the requesting elector registered to
vote for the first time in this state after January 1, 2003 and has not yet voted in this
state or is reregistering after January 1, 2003 after moving from one county in this
state to another county in this state and is voting for the first time at the new
registration address, the early ballot materials shall include notice that the person
shall submit a photocopy of a current form of identification that bears a photograph of
the person and the name of the person or a photocopy of a current utility bill, bank
statement, paycheck, government issued check or other government document that shows the
name and registration address of the person and notice that if the person does not submit
photocopies of the required documents, the person may only vote a provisional ballot.
D. Only the elector may be in possession of that elector's unvoted early ballot.
If a complete and correct request is made by the elector within thirty days next
preceding the Saturday before the election, the mailing must be made within forty-eight
hours after receipt of the request. Saturdays, Sundays and other legal holidays are
excluded from the computation of the forty-eight hour period prescribed by this
subsection. If a complete and correct request is made by an absent uniformed services
voter or an overseas voter before the election, the regular early ballot shall be
transmitted by mail, fax or by other electronic format approved by the secretary of state
within twenty-four hours after the early ballots are delivered pursuant to section
16-545, subsection B, excluding Sundays.
E. In order to be complete and correct and to receive an early ballot by mail, an
elector's request that an early ballot be mailed to the elector's residence or temporary
address must include all of the information prescribed by subsection A of this section
and must be received by the county recorder or other officer in charge of elections no
later than 5:00 p.m. on the eleventh day preceding the election. An elector who appears
personally no later than 5:00 p.m. on the Friday preceding the election at an on-site
early voting location that is established by the county recorder or other officer in
charge of elections shall be given a ballot and permitted to vote at the on-site
location. If an elector's request to receive an early ballot is not complete and correct
but complies with all other requirements of this section, the county recorder or other
officer in charge of elections shall attempt to notify the elector of the deficiency of
the request.
F. Unless an elector specifies that the address to which an early ballot is to be
sent is a temporary address, the recorder may use the information from an early ballot
request form to update voter registration records.
G. The county recorder or other officer in charge of early balloting shall provide
an alphabetized list of all voters in the precinct who have requested and have been sent
an early ballot to the election board of the precinct in which the voter is registered
not later than the day prior to the election.
H. As a result of an emergency occurring between 5:00 p.m. on the second Friday
preceding the election and 5:00 p.m. on the Monday preceding the election, qualified
electors may request to vote early in the manner prescribed by the county recorder of
their respective county. For the purposes of this subsection, "emergency" means any
unforeseen circumstances that would prevent the elector from voting at the polls.
I. A candidate or political committee may distribute early ballot request forms to
voters. If the early ballot request forms include a printed address for return to an
addressee other than a political subdivision, the addressee shall be the candidate or
political committee that paid for the printing and distribution of the request forms.
All early ballot request forms that are received by a candidate or political committee
shall be transmitted as soon as practicable to the political subdivision that will
conduct the election. 16-543.01 Procedures for voting with special write-in early ballots
A. Notwithstanding any other law, any elector who is an absent uniformed services
voter or overseas voter as defined in the uniformed and overseas citizens absentee voting
act of 1986 (P.L. 99-410; 42 United States Code section 1973) may request a special
write-in early ballot if the elector submits with the request a statement that provides
that due to military or other contingencies that preclude normal mail delivery the
elector cannot vote an early ballot during the normal early voting period. The special
write-in early ballots shall be provided for presidential electors and United States
senator and representative in Congress.
B. The request for a special write-in early ballot may be made on a federal
postcard application.
C. Upon receipt of such request, the county recorder shall immediately forward to
the elector a special write-in early ballot and affidavit in a form prescribed and
provided by the secretary of state. Upon receipt of such request, the recorder shall
determine whether or not the elector is registered. If the elector is so registered, the
recorder shall forward to him a special write-in early ballot and affidavit. If the
applicant is not registered but the federal postcard application is complete, the
recorder shall forward a special write-in early ballot to the applicant. If the
applicant is not registered and the federal postcard application is not used or complete,
the recorder shall forward an affidavit of registration as provided in section 16-103 and
shall at the same time forward to the unregistered applicant a special write-in early
ballot and affidavit. The recorder shall send with the special write-in early ballot a
list of all candidates who have qualified for the primary ballot by the sixtieth day
before the primary election or who have qualified for the general ballot by the fiftieth
day before the general election. The elector shall be entitled to write in the name of
any candidate who has qualified for a specific office listed on the ballot, whether the
candidate is seeking the nomination or election to such office.
D. Write-in votes on special write-in early ballots shall be counted in the same
manner provided by law for the counting of other write-in votes.
16-543.02 Federal write-in early ballots; procedure; registration form
A. An overseas voter as defined in the uniformed and overseas citizens absentee
voting act of 1986 (P.L. 99-410; 42 United States Code section 1973), as amended by the
Ronald W. Reagan national defense authorization act for fiscal year 2005 (P.L. 108-375),
who is absent from the place of residence in this state where the voter is otherwise
qualified to vote may use a federal write-in early ballot in a primary, general or
special election for the offices of presidential elector and United States senator and
representative in Congress if the voter applies for an early ballot by 7:00 p.m. on
election day and does not receive that early ballot.
B. A federal write-in early ballot of an overseas voter shall not be counted if
either of the following conditions are met:
1. The application of the overseas voter for an early ballot is received by the
county recorder or other officer in charge of elections after 7:00 p.m. on election day.
2. An early ballot from the overseas voter is received by the county recorder or
other officer in charge of elections by 7:00 p.m. on election day.
C. An overseas voter who completes a federal write-in early ballot may designate a
candidate by writing in the name of the candidate or by writing in the name of a
political party, in which case the ballot shall be counted for the candidate of that
political party. In the case of the offices of president and vice-president, a vote for a
named candidate or in the name of the political party shall be counted as a vote for that
candidate's or party's presidential electors. Any abbreviation, misspelling or other
minor variation in the form of the name of a candidate or political party shall be
disregarded in determining the validity of the ballot if the intention of the voter can
be ascertained.
D. For an overseas voter who completes a federal write-in early ballot transmission
envelope with the federal write-in early ballot request, the transmission envelope shall
serve as a voter registration form and the voter is registered to vote on completion and
receipt of the transmission envelope and the federal write-in early ballot if all of the
following apply:
1. The information submitted on the transmission envelope includes the information
prescribed in section 16-121.01.
2. The voter is otherwise eligible to register and vote in this state.
3. The request is received by the county recorder by 7:00 p.m. on election day. 16-543 Application for ballot; United States service; emergency procedures
A. Any absent uniformed services voter or overseas voter as defined in the
uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 42 United
States Code section 1973), as amended by the Ronald W. Reagan national defense
authorization act for fiscal year 2005 (P.L. 108-375), may request an early ballot with a
federal postcard application that contains both an early voter registration application
and an early ballot application. The secretary of state shall provide for a centralized
system for receiving federal postcard applications by way of the internet or fax and
shall provide for transmitting appropriate ballot materials in response to fax, telephone
and internet requests for federal postcard applications. On receipt of such application,
the county recorder or other officer in charge of elections shall determine whether or
not the elector is registered. If the applicant is so registered, the recorder or other
officer in charge of elections shall forward to the applicant an official early ballot.
If the applicant is not registered, and the request is for a ballot for use in a county
election but the federal postcard application is complete, the recorder shall forward an
official early ballot to the applicant. If the applicant is not registered to vote and
the federal postcard application is not used or complete, the recorder shall forward an
affidavit of registration as provided in section 16-103 and shall forward at the same
time to the unregistered applicant an official early ballot and affidavit.
B. The county recorder or other officer in charge of elections shall transmit by
fax or by other electronic format approved by the secretary of state early ballot request
forms, unvoted ballots and ballot information to eligible absent uniformed services
voters and overseas voters. The county recorder or other officer in charge of elections
shall provide for receipt of completed early ballot requests and voted early ballots by
fax as prescribed by the secretary of state in the instructions and procedures manual
issued pursuant to section 16-452.
C. The secretary of state shall provide in the procedures manual adopted pursuant
to section 16-452 for emergency procedures regarding the early balloting process for
persons who are subject to the uniformed and overseas citizens absentee voting act of
1986 (P.L. 99-410; 42 United States Code section 1973), as amended by the Ronald W.
Reagan national defense authorization act for fiscal year 2005 (P.L. 108-375). These
emergency procedures may be implemented only on the occurrence of a national or local
emergency that makes substantial compliance with the uniformed and overseas citizens
absentee voting act impracticable, including occurrences of natural disasters or armed
conflict or mobilization of the national guard or military reserve units of this state. 16-545 Early ballot
A. The early ballot shall be one prepared for use in the precinct in which the
applicant resides and, if a partisan primary election, of the political party with which
the applicant is affiliated as shown by the affidavit of registration. The ballot shall
be identical with the regular official ballots, except that it shall have printed or
stamped on it "early".
B. The officer charged by law with the duty of preparing ballots at any election
shall prepare the official early ballot and deliver a sufficient number to the recorder
or other officer in charge of elections not later than the thirtieth day preceding the
Saturday before the election.
16-546 Early votes
A. Early votes may be cast on paper ballots or ballot cards, except that any
county, city or town in which electronic machines are used shall have a punch card early
ballot suitable for data processing machines which shall be identical to those used in
precinct voted ballots. Such ballot shall provide the same information as a marked paper
ballot.
B. In the event early voter ballots are to be tabulated by an electronic or
electromechanical tabulating device, the county recorder or other officer in charge of
elections may also deliver to the applicant a marking device which would make a mark
suitable for use with the electronic or electromechanical device or a supply of stickers
which would be suitable for use with the electronic or electromechanical tabulating
device.
16-547 Ballot affidavit; form
A. The early ballot shall be accompanied by an envelope bearing upon the front the
name, official title and post office address of the recorder or other officer in charge
of elections and upon the other side a printed affidavit in substantially the following
form:
State of ARIZONA
County of _________
I, _________________, do solemnly swear that I am the identical person whose
name is signed to this affidavit and that this name and signature are my true
name and signature, or if I did not personally sign, it was because of
physical disability and that I requested __________________ (name of person
signing affidavit) to sign for me, that I have not voted and will not vote in
this election in any other state during the calendar year of this affidavit
and that I personally voted the enclosed ballot or that it was marked
according to my instructions because I was unable to do so. I understand that
knowingly voting more than once in any election is a class 5 felony. I declare
that I am more than eighteen years of age, that I am a qualified elector of
the state of ARIZONA and the county of ____________ and that I reside at
_____________. If a challenge is filed against my early ballot, I understand
that a copy of the challenge will be sent to me by first class mail and that I
may have as little as forty-eight hours' notice of an opportunity to appear.
For purposes of notifying me of a ballot challenge between the time I return
my ballot and seven days after election day, please use the following address:
________________. (If no address is provided, notice will be mailed to the
mailing address listed on the registration rolls.)
________________________
Elector
B. The face of each envelope in which a ballot is sent to a federal postcard
applicant or in which a ballot is returned by such applicant to the recorder or other
officer in charge of elections shall be in the form prescribed in accordance with the
uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 42 United
States Code section 1973ff). Otherwise, the envelopes shall be the same as those used to
send ballots to, or receive ballots from, other early voters.
C. The county recorder or other officer in charge of elections shall supply printed
instructions to early voters that direct them to sign the affidavit, mark the ballot and
return both in the enclosed self-addressed envelope. The instructions shall include the
following statement:
In order to be valid and counted, the ballot and affidavit must be delivered
to the office of the county recorder or other officer in charge of elections
or may be deposited at any polling place in the county no later than 7:00 p.m.
on election day.
16-548 Preparation and transmission of ballot
A. The early voter shall make and sign the affidavit and shall then mark his ballot
in such a manner that his vote cannot be seen. The early voter shall fold the ballot, if
a paper ballot, so as to conceal the vote and deposit the voted ballot in the envelope
provided for that purpose, which shall be securely sealed and, together with the
affidavit, delivered or mailed to the county recorder or other officer in charge of
elections of the political subdivision in which the elector is registered or deposited by
the voter or the voter's agent at any polling place in the county. In order to be counted
and valid, the ballot must be received by the county recorder or other officer in charge
of elections or deposited at any polling place in the county no later than 7:00 p.m. on
election day.
B. If the early voter is an overseas citizen, a qualified elector absent from the
United States or in the United States service, a spouse or dependent residing with the
early voter or a qualified elector of a special district mail ballot election as provided
in article 8.1 of this chapter, the early voter may subscribe to the affidavit before and
obtain the signature and military identification number or passport number, if available,
of any person who is a United States citizen eighteen years of age or older. 16-549 Special election boards; procedure for voting ill or disabled electors; expenses
A. The county recorder or other officer in charge of elections, for the purpose of
making it possible for qualified electors who are ill or disabled to vote, may appoint
such number of special election boards as needed. In a partisan election, each such
board shall consist of two members, one from each of the two political parties which cast
the highest number of votes in the state in the last preceding general election. The
county chairman of each such party shall furnish, within sixty days prior to the election
day, the county recorder or other officer in charge of elections with a list of names of
qualified electors within the chairman's political party, and such additional lists as
may be required, from which the county recorder or other officer in charge of elections
shall appoint members to such special election boards. The county recorder or other
officer in charge of elections may refuse for cause to appoint or may for cause remove a
member of this board. A person who is a candidate for an office other than precinct
committeeman is not eligible to serve on the special election board for that election.
B. Members of special election boards appointed under the provisions of this
section shall be reimbursed for travel expenses in the manner provided by law and shall
also receive such compensation as the board of supervisors or the governing body
prescribes, all of which shall be paid by the county or other political subdivision.
C. In lieu of the mailed early ballot procedure, any qualified elector who is
confined as the result of a continuing illness or physical disability and is, therefore,
not able to go to the polls on the day of the next election and who does not wish to vote
by the mailed early ballot procedure, may make a verbal or a signed written request to
the county recorder or other officer in charge of elections to have a ballot personally
delivered to the elector by the special election board at the elector's place of
confinement within the county or other political subdivision. The ballot shall be
delivered to the elector in person by a special election board as provided in this
section. Such requests must be made by 5:00 p.m. on the second Friday before the
election.
D. Qualified electors who become ill or disabled after the second Friday before the
election may nevertheless request personal ballot delivery pursuant to this section, and
the county recorder or other officer in charge of elections shall when possible honor
such requests up to and including the last day before the election. Qualified electors
who are admitted to a hospital after 5:00 p.m. on the second Friday preceding the
election and before 5:00 p.m. on election day may request the county recorder or other
officer in charge of elections to provide a special election board with a ballot at the
elector's place of confinement. If the county recorder or other officer in charge of
elections is able to accommodate the request, the voted ballot of the elector shall be
sealed in an envelope and shall be processed as a provisional ballot pursuant to section
16-584.
E. The manner and procedure of voting shall be as provided in section 16-548,
except that the marked ballot in the sealed envelope shall be handed by the elector to
the special election board and shall be delivered by the board to the county recorder or
other officer in charge of elections.
16-550 Receipt of voter's ballot
A. Upon receipt of the envelope containing the early ballot and the completed
affidavit, the county recorder or other officer in charge of elections shall compare the
signatures thereon with the signature of the elector on his registration form. If
satisfied that the signatures correspond, the recorder or other officer in charge of
elections shall hold them unopened in accordance with the rules of the secretary of
state.
B. The recorder or other officer in charge of elections shall thereafter safely
keep the affidavits and early ballots in his office until delivered pursuant to section
16-551.
C. The county recorder shall send a list of all voters who were issued early
ballots to the election board of the precinct in which the voter is registered.
16-551 Early election board
A. The board of supervisors or the governing body of the political subdivision
shall appoint one or more early election boards to serve at places to be designated by
the board of supervisors or the governing body to canvass and tally early election
ballots. Members of early election boards shall be selected in accordance with the
provisions for selecting members of regular election boards as provided in section
16-531.
B. If an electronic voting system is in use for early voting, the early election
board shall consist of at least one inspector and two judges who shall perform the
processing requirements in accordance with the rules issued by the secretary of
state. The inspector and judges shall be appointed in the same manner by party as
provided in section 16-531.
C. All early ballots received by the county recorder or other officer in charge of
elections before 7:00 p.m. on election day and the original affidavit of the voter shall
be delivered to the early election boards for processing as provided in the rules of the
secretary of state. The office of the county recorder or other officer in charge of
elections shall remain open until 7:00 p.m. on election day for the purpose of receiving
early ballots. In no event shall partial or complete tallies of the early election board
be released or divulged before all precincts have reported or one hour after the closing
of the polls on election day, whichever occurs first.
D. The necessary printed blanks for poll lists, tally lists, lists of voters,
ballots, oaths and returns, together with envelopes in which to enclose the returns,
shall be furnished by the board of supervisors or the governing body of the political
subdivision to the early election board for each election precinct at the expense of the
county or the political subdivision.
16-552 Early ballots; processing; challenges
A. In a jurisdiction that uses punch card ballots, the early election board,
immediately upon receipt of the early ballots, shall, as provided by this section, cast
separately for each precinct the early ballots which have been received. In a
jurisdiction that uses optical scan ballots, the officer in charge of elections may use
the procedure prescribed by this section or may request approval from the secretary of
state for a different method for processing early ballots. The request shall be made in
writing at least ninety days before the election for which the procedure is intended to
be used. After the election official has confirmed with the secretary of state that all
election equipment passes the logic and accuracy test, the election official may begin to
count early ballots. No early ballot results may be released except as prescribed by
section 16-551.
B. The early election board shall check the voter's affidavit on the envelope
containing the early ballot. If it is found to be sufficient, the vote shall be
allowed. If the affidavit is insufficient, the vote shall not be allowed.
C. The county chairman of each political party represented on the ballot may, by
written appointment addressed to the early election board, designate party
representatives and alternates to act as early ballot challengers for the party. No
party may have more than the number of such representatives or alternates which were
mutually agreed upon by each political party to be present at one time. If such
agreement cannot be reached, the number of representatives shall be limited to one for
each political party.
D. An early ballot may be challenged on any grounds set forth in section
16-591. All challenges shall be made in writing with a brief statement of the grounds
prior to the early ballot being placed in the ballot box. A record of all challenges and
resulting proceedings shall be kept in substantially the same manner as provided in
section 16-594. If an early ballot is challenged, it shall be set aside and retained in
the possession of the early election board or other officer in charge of early ballot
processing until a time that the early election board sets for determination of the
challenge, subject to the procedure in subsection E of this section, at which time the
early election board shall hear the grounds for the challenge and shall decide what
disposition shall be made of the early ballot by majority vote. If the early ballot is
not allowed, it shall be handled pursuant to subsection G of this section.
E. Within twenty-four hours of receipt of a challenge, the early election board or
other officer in charge of early ballot processing shall mail, by first class mail, a
notice of the challenge including a copy of the written challenge, and also including the
time and place at which the voter may appear to defend the challenge, to the voter at the
mailing address shown on the request for an early ballot or, if none was provided, to the
mailing address shown on the registration rolls. Notice shall also be mailed to the
challenger at the address listed on the written challenge and provided to the county
chairman of each political party represented on the ballot. The board shall meet to
determine the challenge at the time specified by the notice but, in any event, not
earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the
notifying party chooses to deliver the notice by overnight or hand delivery, and not
later than 5:00 p.m. on the Monday following the election. The board shall provide the
voter with an informal opportunity to make, or to submit, brief statements regarding the
challenge. The board may decline to permit comments, either in person or in writing, by
anyone other than the voter, the challenger and the party representatives. The burden of
proof is on the challenger to show why the voter should not be permitted to vote. The
fact that the voter fails to appear shall not be deemed to be an admission of the
validity of the challenge. The early election board or other officer in charge of early
ballot processing is not required to provide the notices described in this subsection if
the written challenge fails to set forth at least one of the grounds listed in section
16-591 as a basis for the challenge. In that event, the challenge will be summarily
rejected at the meeting of the board. Except for election contests pursuant to section
16-672, the board's decision is final and may not be appealed.
F. If the vote is allowed, the board shall open the envelope containing the ballot
in such a manner that the affidavit thereon is not destroyed, take out the ballot without
unfolding it or permitting it to be opened or examined and show by the records of the
election that the elector has voted.
G. If the vote is not allowed, the affidavit envelope containing the early ballot
shall not be opened and the board shall mark across the face of such envelope the grounds
for rejection. The affidavit envelope and its contents shall then be deposited with the
opened affidavit envelopes and shall be preserved with official returns. If the voter
does not enter an appearance, the board shall send the voter a notice stating whether
the early ballot was disallowed and, if disallowed, providing the grounds for the
determination. The notice shall be mailed by first class mail to the voter's mailing
address as shown on the registration rolls within three days after the board's
determination.
H. Party representatives and alternates may be appointed as provided in subsection
C of this section to be present and to challenge the verification of questioned ballots
pursuant to section 16-584 on any grounds permitted by this section. Questioned ballots
which are challenged shall be presented to the early election board for decision under
the provisions of this section.
16-558.01 Mailing of ballots
Not more than thirty-three days before the election and not fewer than fifteen days
before the election the county recorder or other officer in charge of elections for the
special district shall send by first class mail all official ballots with printed
instructions and a return envelope bearing a printed ballot affidavit as described in
section 16-547 to each qualified elector entitled to vote in the election. The envelope
in which the ballot is mailed shall be clearly marked "Do not forward. Return to
sender. Return postage guaranteed. Address correction requested." The district
governing board shall determine whether the voter or the district governing board will
pay for the postage for the return of electors' marked ballots. An elector who votes in
a special district mail ballot election shall return the elector's marked ballot to the
recorder or other officer in charge of the election or to a designated depository site as
provided in section 16-411 no later than 7:00 p.m. on the day of the election.
16-558.02 Replacement ballots
A. The county recorder or other officer in charge of the election shall determine a
central location in the district for electors to obtain a replacement ballot. The
location shall be open until 7:00 p.m. of the day of the election. An elector may obtain
a replacement ballot until 7:00 p.m. on the day of the election on presentation of a
signed, sworn statement that the ballot was lost, spoiled, destroyed or not received.
B. The recorder or other officer in charge of elections shall keep a record of each
replacement ballot provided pursuant to this section.
C. If an elector to whom a replacement ballot is issued votes more than once, only
the first ballot received shall be counted.
16-558 Special districts; mail ballot election option; conduct
A. Notwithstanding section 16-225, a special district as described in title 48 may
conduct a mail ballot election if the governing board of the special district obtains
approval from the board of supervisors of the county in which the special district or
greater part of the special district is located before publishing the call of election as
provided in section 16-227.
B. Except as otherwise provided in this article, special district mail ballot
elections shall be conducted in accordance with the provisions of article 8 of this
chapter.
16-561 Examination of machines on election day
A. The keys to the voting machine shall be delivered to the judges at least
one-half hour before the time set for opening the polls in a sealed envelope on which
shall be written or printed:
1. The number and location of the voting machine.
2. The number of the seal.
3. If provided with a protective counter, the number registered on the counter as
reported by the voting machine custodian.
B. The envelope containing the keys shall not be opened until the election officers
of the district have examined the envelope to see that it has not been opened, and they
shall further ascertain that the number registered on the protective counter and the
numbers on the seals with which the machine is sealed correspond with the numbers written
on the envelope containing the keys. If the envelope has been torn open, or if the
numbers do not correspond, or any other discrepancy is found, the election officers shall
immediately acquaint the voting machine official or other authorized person with the
facts, who shall present himself at the polling place for the purpose of reexamining the
machine and shall certify that it is properly arranged.
C. If the numbers on the seals and the protective counter are found to correspond
with the numbers on the envelope, the judges shall then open the door concealing the
counters and carefully examine every counter to see that it registers zero and shall also
allow the watchers to examine them. If the machines are equipped with a device or devices
for printing or photographing the count as shown on the candidate and amendment counters,
it shall not be necessary to expose the counter compartment of such machines, unless the
photographed or printed count is found illegible, in which case the judges of the
election shall be privileged to open the counter compartment to verify the count. The
judges of elections shall take the necessary steps to obtain a record showing that all
counters are set at zero. This record shall be retained by the election officials until
the time for challenging the results of each particular election has expired. The judges
shall then sign and post in a prominent place at the polls a certificate showing:
1. The delivery of the keys in a sealed envelope.
2. The number on the seal.
3. The numbers registered on the protective counter.
4. That all counters are set at zero.
5. That the ballot labels are properly placed in the machine.
D. If any counter is found not to register zero the judges of the election shall
immediately notify the proper official who shall, if practicable, adjust the counters at
zero, but if it is impracticable for the official to arrive in time to adjust the
counters before the time set for opening the polls, the judges shall immediately make a
written statement of the designating letter and number of the counter together with the
number registered thereon and shall sign and post the statement upon the wall of the
polling place where it shall remain throughout election day. In filling out the
statement of tally the judges shall subtract such number from the number then registered
on the counter.
16-562 Preparation and arrangement of polling place with voting booths and ballot boxes
A. The arrangement of the polling place shall be such that neither the ballot boxes
nor the voting booths are hidden from the view of persons immediately outside the voting
area.
B. No person other than the election officers, voters, party representatives and
challengers shall be permitted within six feet of the ballot boxes or voting booths
except by authority of the election officers for the purpose of keeping order and
enforcing the law.
16-563 Posting sample ballots, instruction cards and notice to voters before opening polls
Before opening the polls the inspector of election shall direct the following
postings:
1. One of the sample ballots provided for in section 16-510, one of the cards of
instructions provided for in section 16-513 and one of the "Right to vote a provisional
ballot" notices provided for in section 16-513.01 in plain view in the room where the
ballots are cast. At least one other sample ballot, card of instruction and "Right to
vote a provisional ballot" notice shall be posted in a conspicuous place in and around
the polling place.
2. Three seventy-five foot limit notices approximately seventy-five feet in
different directions from the main outside entrance being used by voters to enter the
building in which the election is being held.
3. In each voting booth, a notice to voters provided in section 16-514 at general
elections only. 16-564 Opening, exhibiting and locking ballot box before receipt of ballots; removal and opening of box
Before receiving any ballots the election board shall, in the presence of the
persons assembled at the polling place, open, exhibit and lock the ballot box, and
thereafter it shall not be removed from the polling place or presence of the bystanders
until all ballots are counted, nor opened until after the polls are finally closed.
16-565 Hours polls opened and closed; proclamation of opening and closing polls
A. For any election called pursuant to the laws of this state, the polls shall be
opened in every precinct at 6:00 a.m. on the day of election and shall be closed at 7:00
p.m.
B. Before the election board receives any ballots, it shall proclaim aloud at the
place of election that the polls are open and voting may thereupon commence and continue
during the time the polls remain open.
C. The election marshal shall proclaim the opening of the polls at 6:00 a.m. and
shall proclaim the closing of the polls at one hour, at thirty minutes, at fifteen
minutes and at one minute before closing and again at the moment of closing. The
inspector and two judges shall determine when the hour for closing the polls has arrived.
D. Any qualified voter who at the moment of closing is in the line of waiting
voters shall be allowed to prepare and have his ballot deposited by the election board
official in the presence of the election board and himself.
16-566 Opening and closing of polling place; unused ballots
A. At least thirty minutes before the opening of the polls the precinct election
officers shall arrive at the polling place and set up the voting booths so that they will
be in clear view of the election officers. If voting devices are used, they shall open
and place them in the voting booths, examine them to see that they have the correct
ballot labels by comparing them with the sample ballots and are in proper working order.
They shall open and check the ballots, ballot cards, supplies, records and forms, and
post the sample ballots and instructions to voters.
B. As soon as the polls have been closed and the last qualified voter has voted,
the voting or marking devices shall be sealed against further voting. All unused ballots
or ballot cards shall be placed in a container and sealed for return to the board of
supervisors or other officer in charge of elections.
16-570 Conduct of election; duties of officers; placing machines
A. One election official shall attend the voting machine, and the other officers
shall attend the poll books and perform the duties of election officials as provided by
law.
B. The voting machine shall be so placed and protected that it is accessible to
only one voter at a time and is in full view of all election officers and watchers at the
polling place.
C. The election official attending the machine shall inspect the face of the
machine periodically to ascertain whether the ballot labels are in their proper places
and that the machine has not been injured or tampered with.
D. During elections the door or other compartment of the machine shall not be
unlocked or opened or the counters exposed except for good and sufficient reasons, a
statement of which shall be made and signed by the election officers and attached to the
returns.
16-571 Poll lists to be kept by election clerk; posting
A. At least one election board clerk shall keep a list in duplicate of persons
voting, and the name of each person who votes shall be entered thereon and numbered in
the order of voting.
B. The poll list as prescribed in section 16-516 shall be written on one side only,
and the copies thereof shall be legible triplicate copies. Immediately upon the
completion of each page of the poll list one copy shall, upon request, be given to a
representative designated by each major political party. In an election with nonpartisan
candidates or ballot issues, the officer in charge of the jurisdiction that is conducting
the election may designate who is to receive copies of the poll lists. For the purposes
of this subsection, "major political party" means the two parties receiving the highest
number of votes for governor or presidential electors at the last election.
16-572 Delivery and custody of ballots at polling place
A. On opening the polls, the inspector shall produce the sealed package of official
ballots and publicly open it and deliver one book or block of ballots therein contained
to the judges. The other blocks or books of ballots, if any, shall be retained by the
inspector until called for by the judges and required for voting.
B. One of the judges of election shall keep the ballots within the polling place in
plain view of the public and deliver them only to qualified voters.
C. A person shall not take or remove a ballot from the polling place before the
polls are closed.
16-573 Substitution of ballots when official ballots not available
If the official ballots at an election precinct at which a voting machine is to be
used are not delivered at the time required, or if after the delivery they are lost,
destroyed or stolen, the election judges shall immediately notify the clerk or other
authority under whose direction the ballots are printed who shall cause other ballots to
be prepared, printed or written as nearly in the form of the official ballots as
practicable. The judges shall cause the substituted ballots to be used in the same manner
as the official ballots.
16-574 Repair or substitution of machines; use of paper ballots
A. If a voting machine being used at an election becomes out of order during the
election, it shall be repaired if possible or another machine substituted as promptly as
possible. Such repairs to the voting machines shall be made only under the scrutiny of
two elections board workers who shall be members of different political parties.
B. If repair or substitution of a machine cannot be made, paper ballots printed or
written and of any suitable form may be used for taking votes, and for that purpose the
sample ballots may be employed.
16-578 Instruction and assistance to voters
A. For instruction of voters there shall be, so far as practicable in each polling
place, an operating model of a voting device.
B. The model furnished shall be located during the election in some place which the
voter must pass, and each voter before using the device shall be instructed regarding its
operation, have such instruction illustrated on the model and given an opportunity to
personally operate the model. The voter's attention shall also be called to the diagram
of the face of the device so that the voter may become familiar with the location of the
questions and the names of the officers and candidates.
C. If any voter, after entering the voting booth, asks for assistance the
assistance shall be given as provided in section 16-580.
16-579 Procedure for obtaining ballot by elector
(Caution: 1998 Prop. 105 applies. Amended by 2004 Prop. 200, sec 5.)
A. Every qualified elector, before receiving his ballot, shall announce his name
and place of residence in a clear, audible tone of voice to the election official in
charge of the signature roster or present his name and residence in writing and shall
present one form of identification that bears the name, address and photograph of the
elector or two different forms of identification that bear the name and address of the
elector. If the name is found upon the precinct register by the election officer having
charge thereof, or the qualified elector presents a certificate from the county recorder
showing that he is entitled by law to vote in the precinct, the election official in
charge of the signature roster shall repeat the name and the qualified elector shall be
allowed within the voting area.
B. Any qualified elector who is listed as having applied for an early ballot but
who states that he has not voted and will not vote an early ballot for this election or
surrenders the early ballot to the precinct inspector on election day shall be allowed to
vote pursuant to the procedure set forth in section 16-584.
C. Each qualified elector's name shall be numbered consecutively by the clerks,
with the number upon the stub of the ballot delivered to him, and in the order of
applications for ballots. The election judge having charge of the ballots shall also
write his initials upon the stub and the number of the qualified elector as it appears
upon the precinct register. The judge shall give the qualified elector only one ballot,
and his name shall be immediately checked on the precinct register.
D. Each qualified elector shall sign his name in the signature roster prior to
receiving his ballot, but an inspector or judge may sign the roster for an elector who is
unable to sign because of physical disability, and in that event the name of the elector
shall be written with red ink, and no attestation or other proof shall be necessary. The
provisions of this subsection relating to signing the signature roster shall not apply to
electors casting a ballot using early voting procedures.
E. A person offering to vote at a special district election for which no special
district register has been supplied shall sign an affidavit stating his address and that
he resides within the district boundaries or proposed district boundaries and swearing
that he is a qualified elector and has not already voted at the election being held.
16-579 Procedure for obtaining ballot by elector
(L03, ch 260, sec 18)
A. Every qualified elector, before receiving a ballot, shall announce the elector's
name and place of residence in a clear, audible tone of voice to the election official in
charge of the signature roster or present the elector's name and residence in
writing. If the name is found upon the precinct register by the election officer having
charge thereof, or the qualified elector presents a certificate from the county recorder
showing that he is entitled by law to vote in the precinct, the election official in
charge of the signature roster shall repeat the name and the qualified elector shall be
allowed within the voting area.
B. If a statewide voter registration database is not yet operational, for any
person who has registered to vote by mail for the first time in this state after January
1, 2003 or who is reregistering by mail after January 1, 2003 after moving from one
county to another county in this state, the person shall comply with the following in
order to be issued a ballot:
1. The person shall present either one of the following:
(a) A current form of identification that bears a photograph of the person and the
name of the person.
(b) A current utility bill, bank statement, paycheck, government issued check or
other government document that shows the name and registration address of the person.
2. If the person does not present a document that complies with paragraph 1, the
person is only eligible to vote a provisional ballot as prescribed by section 16-584.
3. This subsection does not apply and a person may be issued a ballot if the person
is listed as having presented a document that complies with paragraph 1 at the time the
person registered to vote or if a statewide voter registration database is operational.
C. Any qualified elector who is listed as having applied for an early ballot but
who states that he has not voted and will not vote an early ballot for this election or
surrenders the early ballot to the precinct inspector on election day shall be allowed to
vote pursuant to the procedure set forth in section 16-584.
D. Each qualified elector's name shall be numbered consecutively by the clerks,
with the number upon the stub of the ballot delivered to the elector, and in the order of
applications for ballots. The election judge having charge of the ballots shall also
write the elector's initials upon the stub and the number of the qualified elector as it
appears upon the precinct register. The judge shall give the qualified elector only one
ballot, and the elector's name shall be immediately checked on the precinct register.
E. Each qualified elector shall sign the elector's name in the signature roster
prior to receiving a ballot, but an inspector or judge may sign the roster for an elector
who is unable to sign because of physical disability, and in that event the name of the
elector shall be written with red ink, and no attestation or other proof shall be
necessary. The provisions of this subsection relating to signing the signature roster
shall not apply to electors casting a ballot using early voting procedures.
F. A person offering to vote at a special district election for which no special
district register has been supplied shall sign an affidavit stating his address and that
he resides within the district boundaries or proposed district boundaries and swearing
that he is a qualified elector and has not already voted at the election being held.
16-580 Manner of voting; assistance for certain electors
A. Except as prescribed by subsection G of this section, only one person per voting
booth shall be permitted at any one time to sign for the receipt of a ballot and to wait
for an opportunity to vote.
B. On receiving a ballot the voter shall promptly and without leaving the voting
area retire alone, except as provided in subsection G of this section, to one of the
voting booths that is not occupied, prepare the ballot in secret and vote in the manner
and substantial form as required by the instruction to voters.
C. In order that the rights of other voters shall not be interfered with, a voter
shall not be allowed to occupy a voting booth for more than five minutes when other
voters are waiting to occupy the booth. If the voter refuses to leave after the lapse of
five minutes the voter may be removed by the judges. If a voter has not completed a
ballot after the allotted five minutes, the voter may request the marshal to hold the
ballot and when another booth is empty and all voters present have had an opportunity to
vote the removed person may be allowed an additional five minutes in the booth.
D. Before leaving the voting booth the voter shall fold the ballot lengthwise and
crosswise, or place the voter's card in the ballot envelope, but in such a way that the
contents of the ballot shall be concealed and the stub, if any, can be removed without
exposing the contents of the ballot and shall keep the ballot folded until the voter has
delivered it to the inspector, or judge acting as such.
E. The election board official shall receive the ballot from the voter and in the
presence of the election board and if the ballot includes a stub, remove the stub without
opening the ballot, deposit the ballot in the ballot box, or if the voter so requests,
hand the ballot to the voter and permit the voter to deposit the ballot in the ballot
box, and string the stub, if any, upon a string provided. If the ballot is of the type
that includes a stub and the stub has been removed from the ballot prior to receipt by
the election official, it shall not be deposited in the ballot box, but it shall be
marked "spoiled" and placed with the spoiled ballots.
F. After delivery of the ballot to the election board official, or if the voter has
asked to deposit the ballot in the ballot box, after the ballot is deposited, the voter
shall then proceed outside the voting area and shall not again enter the voting area
unless the voter is an authorized election official.
G. Any registered voter may, at the voter's option, be accompanied by a minor who
is permitted in the voting booth pursuant to section 16-515, subsection D, be accompanied
and assisted by a person of the voter's own choice or be assisted by two election
officials, one from each major political party, during any process relating to voting or
during the actual process of voting on a paper ballot, machine or electronic voting
system. A person who is a candidate for an office in that election other than the office
of precinct committeeman is not eligible to assist any voter.
16-581 Elderly or handicapped persons; inaccessible polling places; definitions
A. If the board of supervisors determines that a polling place is inaccessible to
elderly or handicapped persons, it shall provide for alternative voting according to
procedures established by the chief election officer of the state pursuant to the voting
accessibility for the elderly and handicapped act (P.L. 98-435; 98 Stat. 1678, 1984; 42
United States Code section 1973).
B. For the purposes of this section:
1. "Elderly" means sixty-five years of age or older.
2. "Handicapped" means having a temporary or permanent physical disability that
substantially restricts or limits a person's access to polling places.
16-583 Voter not on precinct register; inactive voter list; procedure
A. On or before election day, the county recorder shall provide to each precinct
the names of electors on the inactive voter list. If a person whose name is not on the
precinct register appears at a polling place, an election official shall determine
whether the person is on the inactive voter list. If the person is on the inactive voter
list, The registrant, on affirmation by the registrant before an election official at the
polling place that the registrant continues to reside at the address indicated on the
inactive voter list, shall be permitted to vote at that polling place. The elector's
name shall be entered on a separate signature roster page at the end of the signature
roster, and voters' names shall be numbered consecutively. If the registrant indicates
that he lives at a new residence, the election official shall direct the registrant to
the polling place for the new address.
B. Following the election, the county recorder shall remove from the inactive voter
list the names of all electors who voted pursuant to subsection A and shall place the
electors' names back on the general register.
16-584 Qualified elector not on precinct register; recorder's certificate; verified ballot; procedure
A. A qualified elector whose name is not on the precinct register and who presents
a certificate from the county recorder showing that the elector is entitled by law to
vote in the precinct shall be entered on the signature roster on the blank following the
last printed name and shall be given the next consecutive register number, and the
qualified elector shall sign in the space provided.
B. A qualified elector whose name is not on the precinct register, upon
presentation of identification verifying the identity of the elector that includes the
voter's given name and surname and the complete residence address that is verified by the
election board to be in the precinct or on signing an affirmation that states that the
elector is a registered voter in that jurisdiction and is eligible to vote in that
jurisdiction, shall be allowed to vote a provisional ballot.
C. If a voter has moved to a new address within the county and has not notified the
county recorder of the change of address before the date of an election, the voter shall
be permitted to correct the voting records for purposes of voting in future elections at
the appropriate polling place for the voter's new address. The voter shall be permitted
to vote a provisional ballot. The voter shall present a form of identification that
includes the voter's given name and surname and the voter's complete residence
address. The residence address must be within the precinct in which the voter is
attempting to vote, and the voter shall affirm in writing that the voter is registered in
that jurisdiction and is eligible to vote in that jurisdiction.
D. On completion of the ballot, the election official shall remove the ballot stub,
shall place the ballot in a provisional ballot envelope and shall deposit the envelope in
the ballot box. Within ten calendar days after a general election that includes an
election for a federal office and within five business days after any other election or
no later than the time at which challenged early voting ballots are resolved, the
signature shall be compared to the precinct signature roster of the former precinct where
the voter was registered. If the voter's name is not signed on the roster and if there
is no indication that the voter voted an early ballot, the provisional ballot envelope
shall be opened and the ballot shall be counted. If there is information showing the
person did vote, the provisional ballot shall remain unopened and shall not be
counted. When provisional ballots are confirmed for counting, the county recorder shall
use the information supplied on the provisional ballot envelope to correct the address
record of the voter.
E. When a voter is allowed to vote a provisional ballot, the elector's name shall
be entered on a separate signature roster page at the end of the signature roster.
Voters' names shall be numbered consecutively beginning with the number V-1. The elector
shall sign in the space provided. The ballot stub shall be removed and the ballot shall
be placed in a separate envelope, the outside of which shall contain the precinct name or
number, a sworn or attested statement of the elector that the elector resides in the
precinct, is eligible to vote in the election and has not previously voted in the
election, the signature of the elector and the voter registration number of the elector,
if available. The ballot shall be verified for proper registration of the elector by the
county recorder before being counted. The verification shall be made by the county
recorder within five business days following the election, and the voter receipt card,
notification or identification card, if any, from the county recorder used therefor, if
valid, shall be returned to the elector within a reasonable time thereafter. Verified
ballots shall be counted by depositing the ballot in the ballot box and showing on the
records of the election that the elector has voted. If registration is not verified the
ballot shall remain unopened and shall be retained in the same manner as voted ballots.
F. For any person who votes a provisional ballot, the county recorder or other
officer in charge of elections shall provide for a method of notifying the provisional
ballot voter at no cost to the voter whether the voter's ballot was verified and counted
and, if not counted, the reason for not counting the ballot. The notification may be in
the form of notice by mail to the voter, establishment of a toll free telephone number,
internet access or other similar method to allow the voter to have access to this
information. The method of notification shall provide reasonable restrictions that are
designed to limit transmittal of the information only to the voter.
16-585 Spoiled ballots; disposition
If a voter spoils a ballot or ballot card and obtains another, the inspector and one
of the judges shall write on the back thereof the words "returned spoiled", sign their
names thereto, and without opening the ballot, string it upon a string provided for that
purpose and return it with the stubs of voted ballots to the board or persons from whom
the ballots were originally received.
16-590 Appointment of challengers and party representatives
A. The county chairman of each party may, for each precinct, by written appointment
addressed to the election board, designate a party agent or representative and
alternates for a polling place in the precinct who may act as challengers for the party
which appointed him.
B. At each voting place, one challenger for each political party may be present and
act, but no challenger may enter a voting booth except to mark his ballot.
C. Not more than the number of party representatives for each party which were
mutually agreed upon by each political party represented on the ballot shall be in the
polling place at one time. If such agreement cannot be reached, the number of
representatives shall be limited to one in the polling place at one time for each
political party.
16-591 Grounds for challenging an elector
Any qualified elector of the county may orally challenge a person offering to vote
as not qualified under section 16-121.01 or on the ground that the person has voted
before at that election.
16-592 Proceedings on challenge; disposition of ballot
A. Upon challenge being made, if the person challenged appears to be registered,
the person shall take and subscribe to the oath prescribed in the "affidavit of
registration" and, if the person so elects, may be at once sworn to answer fully and
truly all questions material to the challenge as are put to the person by the
inspector. Any returned United States mail addressed to the person challenged or the
spouse of the person challenged, or both, and to the address appearing on the precinct
register or affidavit shall be considered as sufficient grounds to proceed under this
section.
B. If after the examination on the challenge, a majority of the election board is
satisfied that the challenge is not valid, the person challenged shall be permitted to
vote.
C. If the person challenged refuses to be sworn or affirmed, or refuses to answer
questions material to the challenge or if a majority of the election board finds that the
challenge is valid, the person challenged shall be permitted to vote a provisional ballot
pursuant to section 16-584. 16-593 Rules determining residence of voter upon challenge; reading of rules upon request
A. The election board, in determining the place of residence of a person, shall be
governed by the following rules, so far as applicable:
1. The residence of a person is that place in which his habitation is fixed and to
which he has the intention of returning when absent.
2. A person does not gain or lose his residence by reason of his presence at or
absence from a place while employed in the service of the United States or of this state,
or while engaged in navigation, or while a student at an institution of learning or while
kept in an almshouse, asylum or prison.
3. A person does not lose his residence by leaving his home to go to another
county, state or foreign country for merely temporary purposes, with the intention of
returning.
4. A person does not gain a residence in any county into which he comes for merely
temporary purposes, without the intention of making that county his home.
5. If a person removes to another state with the intention of making it his
residence, he loses his residence in this state.
6. If a person removes to another state with the intention of remaining there for
an indefinite time, and of making the place his present residence, he loses his residence
in this state, even though he has an intention of returning at some future period.
7. The place where a person's family permanently resides is his residence, unless
he is separated from his family, but if it is a place of temporary establishment for his
family, or for transient purposes, it is otherwise.
8. If a person has a family residing in one place and he does business in another,
the former is his place of residence, but a person having a family who has taken up his
abode with the intention of remaining and whose family does not so reside with him shall
be regarded as a resident where his abode has been taken.
9. The mere intention of acquiring a new residence without the act of removal
avails nothing and neither does the act of removal without the intention.
B. The term of residence shall be computed by including the day on which the
person's residence commenced and by excluding the day of election.
C. Before administering an oath to a person touching his residence, the inspector
shall, if requested by any person, read to the person challenged the rules set forth in
subsection A.
16-594 List of challenges, grounds and rulings
The board shall require one of the clerks to keep a list of the names of all persons
challenged, the grounds of the challenge and the determination of the board upon the
challenge. Copies of the list shall be kept in the office of the county recorder or
other officer in charge of early ballot processing as a public record. Affidavits of
challenged voters, decisions of election officials and challenge lists shall be a part of
the official returns and shall be delivered to the board of supervisors.
16-601 Tally of vote
As soon as the polls are closed and the last ballot has been deposited in the ballot
box, the election board or the tally board shall immediately count the votes cast. The
count shall be public, in the presence of bystanders, and shall be continued without
adjournment until completed and the result determined and declared.
16-602 Removal of ballots from ballot boxes; disposition of ballots folded together or excessive ballots
A. The ballots cast in the election shall first be removed from the ballot box and
counted without being opened, except as may be necessary to ascertain that the number of
ballots cast corresponds with the number of names on the poll lists.
B. If two or more ballots are found folded together appearing as a single ballot,
they shall be laid aside until the count of the ballots is completed. If it then appears
by comparison of the count with the number of names on the poll lists, that the ballots
thus folded together were cast by one elector, they shall be destroyed. If the ballots
in the box are still found to exceed in number the names on the poll lists, the ballots,
except those destroyed, shall be replaced in the box, and one of the judges shall,
without looking in the box, draw therefrom, one at a time, and destroy unopened, a number
of ballots equal to the excess, and the election board shall record on the poll lists the
number of ballots so destroyed and shall then sign the poll list.
16-603 Inspection of ballots by party representative
A mutually agreed upon number of representatives and alternates of each political
party represented on the ballot by a party designation and column, appointed in the
manner provided by section 16-590, may remain inside the voting area from the time the
polls are closed, and, without unduly hindering or delaying the count, one representative
from each party at a time may inspect the ballots as they are read and the tally lists as
the votes are tallied or counted, but the ballots and tally lists shall at all times
remain under the personal charge and keeping of the election officers and shall not be
permitted to pass from their hands.
16-604 Count of votes cast; tally list
A. The election board or the tally board shall, after complying with section
16-602, count the number of votes cast for each person voted for, and for and against
each proposed constitutional amendment and initiated or referred measure on the ballot.
B. Each clerk shall write on a tally list the titles of the offices to be filled,
and underneath each title the names of the persons voted for to fill the office, and the
number as given on the ballot of each proposed constitutional amendment and initiated or
referred measure, and keep in the squares and lines opposite the names and numbers,
respectively, the number of votes by tallies as the votes are read aloud.
16-605 Disposition of paper ballots after count; marking rejected ballots
A. All paper ballots, as soon as read, or rejected for illegality, shall be strung,
those allowed on one string and those rejected on another, and shall not thereafter be
examined by any person. Each ballot rejected shall be marked "rejected" and the cause of
the rejection endorsed on the back thereof and signed by a majority of the election board
or tally board.
B. All ballots shall, as soon as the counting is completed, be tied with the string
on which they are strung and carefully sealed in a strong envelope to be provided for
that purpose, and each member of the board shall write his name across the seal.
16-606 Tally and return of votes; lever voting machine
A. As soon as the polls of the election are closed, the judges and inspectors shall
immediately lock and seal the voting machine against voting. The judges and inspectors
shall then sign a certificate stating:
1. The machine has been locked against voting and sealed.
2. The number of voters as shown on the public counters.
3. The number of the seal.
4. The number registered on the protective counter.
5. The voting machine is closed and locked.
The judges and inspectors shall then open the counter compartment in the presence of the
watchers and all other persons who are lawfully within the polling place, affording full
view of all the counter numbers. Where machines equipped with a device or devices for
printing, embossing or photographing the count as shown on the candidate and amendment
counters are used it shall not be necessary for the judges or inspectors to open the
counter compartments, unless the photographed or printed count is found illegible, in
which case the judges of the election shall be privileged to open the counter compartment
to verify the count, but the judges shall immediately post one of the printed, embossed
or photographed records secured from such machine.
B. One of the election officers shall, under the scrutiny of the judge or inspector
of a different political party, in the order of the officers as their titles are arranged
on the machine, read and announce distinctly the designating number and letter on each
counter for each candidate's name, the result as shown by the counter numbers, and shall
read the votes recorded for each office on the irregular ballots. He shall also in the
same manner announce the vote on each constitutional amendment, question, proposition or
measure.
C. The counter shall not, in the case of presidential electors, be read
consecutively along the party row column, but shall be read along the office columns or
rows, completing the tally of each office. If a separate ballot in each party column or
row entitled "presidential electors" is provided, a vote for such ballot shall operate as
a vote for all candidates of such party for presidential electors.
D. The vote as registered shall be entered on the statements of tally in ink by two
election officers of opposing political parties, but not including the inspector, in the
same order on the space which has the same designating number and letter, after which the
figures shall be verified by being called off in the same manner from the counters of the
machine by an election officer of a political party opposing that of the inspector. The
return of the tally shall then be filled out, showing the total number of votes cast for
each candidate, as shown on his counter, and the number of votes for persons not
nominated, and the statement shall be signed by each judge.
E. After proclaiming the vote, ample opportunity shall be given to any person
lawfully present to compare the results so announced with the counter dials of the
machine, and necessary corrections shall then be made by the board.
F. If write-in votes have been cast they shall be tallied and added to the regular
votes cast, and the paper roll containing the write-in votes shall be preserved as
regular paper ballots.
G. The judge or inspector filing the returns shall deliver to the board or officer
from whom they were received the keys of the voting machine enclosed in a sealed envelope
which shall have endorsed thereon a certificate of the election officers stating:
1. The number of the machine.
2. The election precinct where it has been used.
3. The number of the seal.
4. The number of the protective counter.
H. If the machine or machines are equipped with a device or devices for printing,
embossing or photographing the count as shown on the candidate and amendment counters,
the judges of elections shall obtain not less than three copies of such printed, embossed
or photographed record and shall immediately post one copy in the polling place as
provided in subsection A and shall after preparation of the statement of tally attach one
of the printed, embossed or photographed records to the official statement of tally, and
the remaining copy shall be attached to the unofficial statement of tally.
16-607 Statements of tally
A. In each election precinct where voting machines are used, statements of tally
shall be printed to conform with the type of voting machine used. The designating number
and letter on the counter for each candidate shall be printed next to the candidate's
name on the statements of tally and shall provide for the entry of the number of votes
for each candidate and the "yes" and "no" over each question.
B. The delivery of statements to stations designated by the board of supervisors
shall be accomplished as is provided for ballots in section 16-608.
16-608 Delivery of ballots; electronic voting system
A. After the close of the polls and after compliance with section 16-602 the
members of the election board shall prepare a report in duplicate of the number of voters
who have voted, as indicated on the poll list, and place this report in the ballot box or
metal container, in which the voted ballots have been placed, which thereupon shall be
sealed with a numbered seal and delivered promptly by two members of the election board
of different political parties to the central counting place or other receiving station
designated by the board of supervisors or officer in charge of elections, which shall not
be more than fifty miles from the polling place from which the ballots are
delivered. The person in charge of receiving ballots shall give a numbered receipt
acknowledging receipt of such ballots to the person in charge who delivers such ballots.
B. The chairman of the county committee of each political party represented on the
ballot may designate a member of his party to accompany the ballots from each polling
place to the central counting place. Such party representative shall serve without
compensation.
16-609 Questioned legality of ballots; procedure
A. No ballots but those provided in accordance with the provisions of law shall be
counted.
B. When a question arises as to the legality of a ballot, or a part thereof, the
action taken upon the decision of the election board or tally board as to its legality,
signed by the majority voting for the action, with a concise statement of the facts
giving rise to the question, shall be endorsed upon the ballot and signed by a majority
of the board.
16-610 Uncertainty of voter's choice as cause for rejection
If on any ballot the names of more persons are designated for the same office than
are to be chosen, or if for any reason it is impossible to positively determine the
voter's choice, all the names designated for that office shall be rejected.
16-611 Certain defects invalidating vote for particular office
If the voter marks more names than there are persons to be elected to an office, or
if from the ballot it is impossible to determine the voter's choice for an office, his
ballot shall not be counted for that office.
16-612 Determination of write-in choice of voter
A. When the printed name of a candidate is followed by the name of another person
written on the ballot by the voter in the space provided for that purpose, and a mark as
defined in section 16-400 appears in the space after either the printed or the written
names, but not both, the printed name shall be rejected and the written one counted, and
the action of the board shall be noted on the back of the ballot and signed by a majority
of the election board or tally board.
B. If the name of a person appears as having been voted for two or more times for
the same office, the ballot shall be counted as one vote.
C. If an elector writes upon his ballot the name of any person who is a candidate
for any office upon some other ballot than that upon which his name is so written, such
elector shall thereby invalidate his vote for that particular office, but the vote on the
remainder of the ballot shall be counted.
16-614 Signing of tally lists after completion of tally
When the votes are counted and the ballots sealed in the envelope, as required by
law, the tally lists shall be signed by the members of the board and attested by the
clerks.
16-615 Delivery of returns
A. Before it adjourns, the election board or tally board shall enclose and seal in
a strong envelope provided for that purpose one of the poll lists and one of the tally
lists, signed as required, and the stubs of the voted ballots and shall direct it to the
board of supervisors.
B. The envelope containing the poll list, the tally list and the stubs of the voted
ballots shall constitute the official returns of the election and shall, together with
the envelope containing the voted ballots, be delivered to one of the members of the
election board or tally board, previously determined by lot, unless otherwise agreed
upon, and such member shall by himself, or by an agent agreed upon by the board and sworn
by a member thereof, in the presence of the board to faithfully perform the duties of
election messenger, without delay, and by the most expeditious means and route, deliver
the packages and envelopes, without opening them, to the officer in charge of the
election at his office, or to the nearest postmaster or sworn express agent, who shall
endorse on the packages and envelopes the name of the person delivering them, and the
hour and date of the delivery, and forward the packages and envelopes by the first mail
or express to the officer in charge of the election at the county seat.
16-616 Preparation and disposition of unofficial returns
One of the poll lists and one of the tally lists used at the election shall be
withheld by the election board from the sealed packages of ballots and other election
supplies and shall be separately sealed in an envelope and returned to the officer in
charge of the election in the same manner as the official returns. The officer shall,
for a period of six months, keep such envelope open to the inspection of electors.
16-617 Transmittal of signature roster and precinct registers to board of supervisors after election
The inspector of the election board shall, at the close of the election, return the
signature roster and copies of the precinct registers along with the other election
supplies to the board of supervisors.
16-618 Preparation, disposition and posting of abstract of vote; exception to posting
At the time that the election board or tally board prepares the official election
returns, it shall also prepare and certify in duplicate upon a blank provided for that
purpose an abstract of the number of ballots cast at the election, the number rejected in
making the count, and the number of votes cast for each person for the several offices
and for or against each proposed constitutional amendment and initiated or referred
measure. One copy shall be mailed or delivered at the time and in the same manner as the
official returns, and the officer in charge of the election shall immediately upon its
receipt make public the contents of the copy. Except in those counties using automatic
vote tabulating equipment, the other copy shall immediately be posted conspicuously on
the outside of the polling place.
16-619 Preparation, delivery and publication of condensed abstract of vote
The election board or tally board shall immediately upon completion of the count
also prepare a condensed abstract showing the number of ballots cast, the number
rejected, and the number of votes cast for each candidate and for or against any proposed
constitutional amendment or initiated or referred measure. The condensed abstract shall
begin with the name of the precinct and shall contain only the surname of the candidate,
beginning at the head of the ballot and running consecutively by offices without
inserting the names of the offices, and the numbers of each proposed constitutional
amendment and each initiated or referred measure, and shall be signed by the inspector
and without delay delivered to the nearest telegraph or telephone station for immediate
transmittal, if by telegraph, to the officer in charge of the election, or if by
telephone, to that officer if a prompt connection can be secured, or to the chairman or
secretary of the county committee of either of the two parties which cast the highest
number of votes for state officers at the preceding election. If the condensed abstract
is transmitted to one of the chairmen or secretaries, such chairman or secretary shall
deliver the abstract to the officer in charge of the election at the earliest practicable
moment, but he shall immediately make the abstract public.
16-620 Tabulation and publication of condensed abstracts; costs of transmittal
A. When the condensed abstract is received by the officer in charge of the
election, it shall be at once transcribed upon a tabulation containing all the precincts
in the county, and the tabulation shall be open to the inspection of the public at the
office of the board of supervisors and also at some convenient public place.
B. The cost of transmittal of the condensed abstracts to the clerk of the board of
supervisors shall be a county charge.
16-621 Proceedings at the counting center
A. All proceedings at the counting center shall be under the direction of the board
of supervisors or other officer in charge of elections and shall be conducted in
accordance with the approved instructions and procedures manual provided for in section
16-452 under the observation of representatives of each political party and the public,
but no persons except those authorized for the purpose shall touch any ballot or ballot
card or return. All persons who are engaged in processing and counting of the ballots
shall be deputized in writing and take an oath that they will faithfully perform their
assigned duties. There shall be no preferential counting of ballots for the purpose of
projecting the outcome of the election. If any ballot is damaged or defective so that it
cannot properly be counted by the automatic tabulating equipment, a true duplicate copy
shall be made of the damaged ballot in the presence of witnesses and substituted for the
damaged ballot. All duplicate ballots shall be clearly labeled "duplicate" and shall
bear a serial number which shall be recorded on the damaged or defective ballot.
B. If for any reason it becomes impracticable to count all or a part of the ballots
with tabulating equipment, the officer in charge of elections may direct that they be
counted manually, following as far as practicable the provisions governing the counting
of paper ballots.
16-622 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 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, 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 or by other electronic means to the secretary of state.
16-623 Copy of abstract of vote of certain counties filed with secretary of state
In those counties lying within a legislative district or a congressional district
made up of areas in more than one county, the board of supervisors of each such county
shall file a copy, or reasonable facsimile, of the abstract of vote with the secretary of
state within forty-eight hours after the closing of the polls.
16-624 Disposition of official returns and ballots
A. Upon receipt of the packages and envelopes containing the returns and the voted
ballots, the officer in charge of elections shall deposit the package or envelope
containing the ballots in the safe of the county treasurer, who shall keep it unopened
and unaltered for twenty-four months for elections for a federal office or for six months
for all other elections, at which time he shall destroy it without opening or examining
the contents.
B. Irregular ballots shall be preserved for six months after the election and the
packages containing them may be opened and the contents examined only upon an order of
court. At the expiration of such time, the ballots may be disposed of in the discretion
of the officer or board having charge of them.
C. The officer in charge of elections shall produce the other packages or envelopes
before the board of supervisors when it is in session for the purpose of canvassing the
returns.
D. If a recount is ordered or a contest begun within six months, the county
treasurer may be ordered by the court to deliver to it the packages or envelopes
containing the ballots, and thereupon they shall be in the custody and control of the
court.
16-641 Retally of vote; lever voting machine
A. When it appears that there is a discrepancy in the election returns in an
election precinct, the board of supervisors or other authority in charge of elections
shall summon the election officers of the precinct, and the election officers in the
presence of such authorities shall make a record of the number of the seal and number of
the protective counter, open the counter compartment of the machine and, without
unlocking the machine against voting, shall retally the vote cast thereon.
B. Before making the retally the authorities shall give notice in writing to each
local candidate whose name appears on the election ballot, and to the chairman of each
party or independent party having candidates on the ballot, and each of the candidates
and two representatives of each of the parties may be present at the retally.
C. If, upon the retally, it is found that the original tally of the returns has
been correctly made from the machine and that the discrepancy still remains unaccounted
for, the board of supervisors or other authority, in the presence of the officers of the
election, the candidates and the representatives of the several parties, shall unlock the
voting and counting mechanism of the machine and thoroughly examine and test the machine
to determine the reason for the discrepancy, if any, in the returns from the
machine. Before testing the counters they shall be reset at zero, after which each
counter shall be operated at least one hundred times.
D. After completion of the examination and test the board of supervisors or other
authority in charge of the election shall then and there prepare a statement in writing,
giving in detail the result. The statement shall be witnessed by the persons present and
shall be filed with the board of supervisors or other authority in charge of elections.
E. If the results of a retally conducted by authority of the court or under the
provisions of this section shall establish discrepancies in the official returns of any
precinct, the necessary corrections shall be made and shall be considered part of the
official election returns.
16-642 Canvass of election; postponements
A. The governing body holding an election shall canvass the election not less than
six days nor more than fifteen days following the 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.
16-643 Method of canvass
The canvass of the election returns shall be made in public by opening the returns,
other than the ballots, and determining the vote of the county, by polling places, for
each person voted for and the vote for and against each proposed constitutional amendment
and initiated or referred measure appearing upon the ballot at such election.
16-644 Effect of want of form in precinct returns
No list, tally, certificates or endorsement returned from any precinct shall be set
aside or rejected for want of form, or for not being strictly in accordance with the
explicit provisions of this title, if they can be clearly understood, nor shall any
declaration of result, commission or certificate be withheld or denied by reason of any
defect or informality in making the returns of the election in any precinct, if the facts
which the returns should disclose can be definitely ascertained.
16-645 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 he 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 therefor by the board or governing body, which shall entitle
him to have his name placed upon 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.
B. The board of supervisors shall deliver the canvass to the secretary of state
within ten days after the primary election, and the secretary of state shall on or before
the second Monday following the primary election canvass the return and issue the
certification of 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.
C. A certificate of election shall not be issued to a write-in candidate for
precinct committeeman unless he 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 certificate of nomination
shall not be issued to a write-in candidate of a party which has not qualified for
continued representation on the official ballot pursuant to section 16-804 unless he
receives a plurality of the votes of the party for the office for which he is a
candidate.
E. Except as provided by subsection C of this section, a certificate of nomination
shall not be issued to a write-in candidate of a party qualified for continued
representation on the official ballot unless he 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.
16-646 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
which 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. The numbers and a brief title of each proposed constitutional amendment and each
initiated or referred measure voted upon.
6. 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 them as a permanent public record.
C. The board of supervisors shall deliver 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 upon 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.
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 them as a permanent public record.
16-647 Declaration of election to office; delivery of certificate of election
The board of supervisors shall declare elected the person receiving the highest
number of votes cast for each office to be filled by the electors of the county or a
subdivision thereof, and the clerk of the board shall, unless enjoined from so doing by
an order of the court, deliver to each such person, upon compliance with the provisions
imposed by law upon candidates for office as conditions precedent to the issuance of such
certificates, a certificate of election, signed by the clerk and authenticated with the
seal of office of the board of supervisors.
16-648 Canvass for state offices, amendments and measures; postponement
A. On the third Monday 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 B.
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 third 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.
16-649 Determination of tie vote; notice to candidates; exception
A. If two or more candidates receive an equal number of votes for the same office,
and a higher number than any other candidate, whether upon the canvass by the secretary
of state or the county board of supervisors, or upon recount by a court, the officer or
board whose duty it is to declare the result shall determine by lot and in the presence
of the candidates which candidate shall be declared elected.
B. Ten days' previous notice shall be given to candidates for state offices, and
five days' previous notice shall be given to candidates for other offices, of the time
and place of determining the election by lot, by the officer or board whose duty it is to
declare the result of the election.
C. The provisions of this section shall not apply to candidates for the executive
offices of the state as defined by the constitution.
D. A ballot issue that ends in a tie vote is deemed to have failed.
E. The official subject to a recall shall be certified the winner if the recall
election ends in a tie vote.
16-650 Declaration of election to office; delivery of certificate of election
The secretary of state shall declare elected the person receiving the highest number
of votes cast for each office for which the nominees filed nominating petitions and
papers with the secretary of state pursuant to section 16-311, subsection B and shall,
unless enjoined from so doing by an order of court, deliver to each such person, upon
compliance with the provisions imposed by law upon candidates for office as conditions
precedent to the issuance of the certificates, a certificate of election, signed by the
secretary of state and authenticated with the great seal of the state.
16-651 Proclamation by governor on amendments and initiated and referred measures
Upon completion of the canvass by the secretary of state, the governor shall
forthwith issue a proclamation, proclaiming the whole number of votes cast for and
against each proposed constitutional amendment, and for and against each initiated or
referred measure, and declaring the amendments or measures which are approved by a
majority of those voting thereon to be law.
16-661 Automatic recount; requirements; exemption
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 the lesser of the following:
1. One-tenth of one per cent of the number of votes cast for both such candidates
or upon such measures or proposals.
2. Two hundred votes in the case of an office to be filled by state electors and
for which the total number of votes cast is more than twenty-five thousand.
3. Fifty votes in the case of an office to be filled by state electors and for
which the total number of votes cast is twenty-five thousand or less.
4. Two hundred votes in the case of an initiated or referred measure or proposal to
amend the constitution.
5. Fifty votes in the case of a member of the legislature.
6. Ten votes in the case of an office to be filled by the electors of a city or
town or a county or subdivision of a city, town or county.
B. Subsection A 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. 16-662 Certification to superior court of facts requiring recount
When the canvass shows that a recount is required, the secretary of state 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.
16-663 Recount of votes; method
A. The superior court to which the facts requiring a recount are certified shall
forthwith 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 recount of votes which were cast and tabulated on
electronic voting equipment, such recount shall be pursuant to section 16-664.
16-664 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. 16-665 Determination of results by court; distribution of copies of order of determination
A. The result of the recount shall be presented to the court, and the court shall
then announce the result and make and enter an order setting forth its determination.
B. A certified copy of the order of the court determining the result shall
forthwith be delivered by the clerk of the court to the following officers:
1. To the governor with respect to an initiative or referendum measure, or proposal
to amend the Constitution of ARIZONA. The governor shall forthwith issue a proclamation
reciting the total number of votes cast for or against the initiative or referendum
measure, or amendment to the constitution, as certified by the court, and declaring such
measure or amendment as approved by a majority voting thereon, as certified by the court,
to be the law.
2. To the secretary of state with respect to offices 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. The secretary of state shall forthwith deliver to the
candidate entitled thereto, as certified by the court, the certificate of election.
3. To the clerk of the board of supervisors with respect to offices to be filled by
electors of the county or a subdivision of a county, or a precinct, or in the case of an
office to be filled by the electors of a city or town, to the city or town clerk. The
clerk of the board of supervisors or the city or town clerk shall forthwith deliver to
the candidate entitled thereto, as certified by the court, the certificate of election.
16-666 Expenses of recount
The expenses of the recount of the votes as provided in this article, if for an
office to be filled by state electors, or if upon an initiative or referendum measure, or
proposal to amend the constitution, shall be a state charge, and if for an office to be
filled by the electors of a county or a subdivision of a county, or precinct, shall be a
county charge. In the case of an office to be filled by the electors of a city or town,
the expenses of the recount shall be a city or town charge.
16-667 Supplementary nature of article
This article is supplemental to and not in derogation of the law relating to contest
of elections and, upon the initiation of such a contest, a proceeding begun under this
article shall abate.
16-671 Contest of primary elections
Contests arising out of primary elections shall be brought and determined in the
same manner, as nearly as possible, as provided by law for contests of general elections.
16-672 Contest of state election; grounds; venue
A. Any elector of the 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 any of the following grounds:
1. For misconduct on the part of election boards or any members thereof in any of
the counties of the 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 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 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.
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 the county in which the
person contesting resides or in the superior court of 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
demand, the place of trial of the contest shall be changed to Maricopa county, if
commenced in another county.
16-673 Statement of contest; verification; filing
A. The elector contesting a state election shall, within five days after completion
of the canvass of the election and declaration of the result thereof by the secretary of
state or by the governor, file in the court in which the contest is commenced a statement
in writing setting forth:
1. The name and residence of the party contesting the election, and that he is an
elector of the state and county in which he resides.
2. The name of the person whose right to the office is contested, or the title of
the measure, or constitutional amendment, or other proposition as it appeared upon the
official ballot.
3. The office the election to which is contested.
4. The particular grounds of the contest.
B. The statement shall be verified by the affidavit of the contestor that he
believes the matters and things therein contained are true.
16-674 Contest of county or other election
A. An elector of a county, city, town or a political subdivision of such county,
city or town, may contest the right of a person declared elected to an office to be
exercised therein, or declared nominated to an office at a primary election, or a
question, proposal, measure or proposition submitted to and voted on by the electors on
the same grounds and in the same manner as contests of election to a state office or
question, proposal, measure or proposition submitted to the vote of the electors of the
state.
B. The contest may be brought in the superior court of the county in which the
elector resides. If the contest involves an office voted on by the electors, the summons
shall be served upon the contestee, or, if the contest involves a question, proposal,
measure or proposition voted on, then the summons shall be served upon the person upon
whom summons in a civil action against the county, city, town or subdivision affected is
served.
16-675 Summons; form; answer
A. Upon filing of the statement of contest, the clerk of the superior court shall
issue a summons to be served on the contestee as summons in civil actions are served,
except it shall require the contestee to file an answer to the statement with the clerk
of the court within five days after service of the summons, exclusive of the day of
service. If the answer is not filed within such period, the court shall proceed with the
hearing of the contest ex parte. If the contest is on an initiative or referred measure,
a proposed constitutional amendment, or other proposition or question submitted, which
has been declared carried, the summons shall be served upon the governor and attorney
general who may appear and answer the statement of contest, or, by leave of court, an
elector of the state may intervene and defend the contest.
B. If the election of a person declared elected is contested, the summons shall be
in substantially the following form: In the superior court of the state of ARIZONA in and
for the county of
_
Contestant.
vs.
Contestee.
Summons.
To the above named contestee;
You are hereby notified that a resident of county, state of ARIZONA,
has on this day filed in this court a statement of contest wherein he contests your
election to the office of at the election held on the day of , 19
, a copy of which statement accompanies this summons.
You are therefore required to file your answer to said statement with the clerk of
this court within five days after the service of this summons upon you exclusive of the
day of service or the court will proceed with the hearing of such contest ex parte.
Given under my hand and the seal of said court this day of , 19
.
Clerk of said court.
C. If the contest is on an initiative or referred measure, a proposed
constitutional amendment, or other proposition or question submitted, which has been
declared carried, the summons shall be in substantially the following form:
In the superior court of the state of ARIZONA in and for the county of .
In the matter of the contest of a certain constitutional amendment (or proposition,
describing it briefly, as the case may be.)
To the honorable , governor, and the honorable , attorney general of the
state of ARIZONA:
You are hereby notified that residing at in the county
of , state of ARIZONA, has this day filed with the clerk of this court a statement
wherein he contests the election by which the constitutional amendment (or proposition
briefly describing it) was declared to have been carried. A copy of his said statement
is hereto attached and herewith served upon you. You are further notified that unless an
answer to said statement is filed within five days after the service of this summons upon
you the court will proceed with the hearing of said contest ex parte.
Given under my hand and the seal of said court this day of , 19 .
Clerk of said court.
16-676 Time for hearing contest; continuance; findings of the court; judgment
A. In any contest brought under the provisions of section 16-672 or 16-674, upon
the filing of the answer, or if no answer is filed, upon 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 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.
16-677 Inspection of ballots before trial; petition; bond; appointment of inspectors
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 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, conditioned
that he will pay the costs and expenses of the inspection if he 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.
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.
16-678 Inapplicability of article to contests of election of legislators
Nothing in this article shall be deemed to affect in any manner procedures relating
to contests of elections of members of the legislature.
16-701 Applicability of election laws
Except as otherwise provided in this article, the election of delegates to the
convention shall be conducted and the results ascertained and certified in the same
manner as elections for state officers, and all laws of this state relative to elections,
except those inconsistent with this article, are made applicable to such election.
16-702 Number of delegates
The number of delegates to be chosen for the convention is fifteen who shall be
elected from the state at large.
16-703 Qualifications of candidates for delegate; nominations
A. Candidates for the office of delegate to the convention shall be qualified
electors of this state.
B. Nominations shall be by petition signed by not less than one thousand electors
of the state qualified to vote at the election and shall be filed with the secretary of
state.
C. Nominations shall be without party or political designation, but the nominating
petitions shall contain a statement by the candidate to the effect that he favors
ratification, or that he opposes ratification, and nominating petitions shall not be
accepted unless the statement is contained therein.
D. The only nomination petitions which shall be effective shall be those of the
fifteen nominees favoring ratification whose nominating petitions were first filed with
the secretary of state, and who are each residents of a county different from the other,
and those of the fifteen nominees opposing ratification whose nominating petitions were
first filed with the secretary of state, and who are each residents of a county different
from the other.
E. Within ten days after the petitions are filed, the secretary of state shall
certify the candidates of each group to the board of supervisors of the respective
counties.
F. The petitions shall be filed with the secretary of state not less than twenty
days before the proclaimed date of the election.
16-704 Ballots; form
A. The election shall be by ballot, separate from any other ballots to be used at
the same election. The ballot shall contain a statement of the substance of the proposed
amendment, appropriate instructions to the voters and perpendicular columns of equal
width, headed respectively in plain type, "favors ratification" and "opposes
ratification". In the column headed "favors ratification" shall be placed the names of
the candidates who favor ratification. In the column headed "opposes ratification" shall
be placed the names of the candidates who oppose ratification.
B. The voter shall indicate his choice by making one or more marks as defined in
section 16-400 in the appropriate spaces provided on the ballot. The ballot shall be so
arranged that the voter may, by making a single mark as defined in section 16-400, vote
for the entire group of nominees whose names are comprised in any column.
C. The ballot shall be in substantially the following form:
Proposed amendment to the Constitution
of the United States.
The Congress has proposed an amendment to the Constitution of the United States
which provides (insert here the substance of the proposed amendment).
The Congress has also proposed that the said amendment shall be ratified by
conventions in the states.
Instructions to voters
Do not vote for more than fifteen (15) candidates.
To vote for all candidates who favor ratification, or for all candidates who oppose
ratification, make a mark in the circle at the head of the list of candidates for whom
you wish to vote. If you do this, make no other mark.
To vote for an individual candidate make a mark in the square at the left of the
name.
Favors Opposes
Ratification Ratification
( ) ( )
( ) John Doe ( ) Charles Coe
( ) Richard Roe ( ) Michael Moe
( ) ( )
_
16-705 Determination of delegates; vacancies; delegate bound to vote in accordance with pre-election statement; classification
A. The fifteen candidates who receive the highest number of votes shall be the
delegates to the convention.
B. If there is a vacancy in the convention caused by the death or disability of a
delegate, or any other cause, the vacancy shall be filled by appointment by the majority
vote of the delegates comprising the group from which the delegate was elected, and if
the convention contains no other delegate of that group, shall be filled by the governor.
C. Delegates elected upon a platform or nomination petition statement as favoring
or opposing ratification shall vote at the convention in accordance with that platform or
nomination petition statement, and upon an intentional failure to do so any such delegate
is guilty of a class 2 misdemeanor, his vote shall not be considered, and his office
shall be deemed vacant to be filled as provided by this article for filling vacancies.
16-706 Meeting of delegates in convention
The delegates to the convention shall meet at the capitol on the twenty-eighth day
after their election at ten o'clock a.m. and shall thereupon constitute a convention to
consider and vote upon the question of whether or not the proposed amendment shall be
ratified.
16-707 Organization of convention
The convention shall be the judge of the election and qualification of its members
and shall elect its president, secretary and other officers and adopt rules.
16-708 Journal of proceedings
A. The convention shall keep a journal of its proceedings in which shall be
recorded the vote of each delegate on the question of ratification of the proposed
amendment.
B. Upon final adjournment the journal shall be filed with the secretary of state.
16-709 Certificate of ratification
If the convention agrees by vote of a majority of the total number of delegates to
ratification of the proposed amendment, a certificate to that effect shall be executed by
the president and secretary of the convention and transmitted to the secretary of state
of ARIZONA, who shall transmit the certificate under his hand and the great seal of the
state to the secretary of state of the United States.
16-710 Compensation and mileage of delegates
Delegates shall receive ten dollars each day they are assembled in convention and
mileage one way from the place of their residence to the capitol by the shortest
practical route at the rate of twenty cents per mile.
16-711 Congressional provisions as superseding article
If at or about the time of submitting such amendment, Congress, either in the
resolution submitting the amendment or by statute, prescribes the manner in which the
conventions shall be constituted, and does not except from the provisions of the statute
or resolution the states which theretofore have provided for constituting such
conventions, this article shall be inoperative. The convention shall in such event be
constituted and shall operate as the resolution or act of Congress directs, and all
officers of the state who are by the resolution or statute authorized or directed to take
any action to constitute a convention for this state are authorized and directed to act
thereunder and in obedience thereto with the same force and effect as if acting under a
statute of this state.
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