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USA Statutes : arizona
Title : Elections and Electors
Chapter : ELECTION DATES
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16-201 Primary elections
On the eighth Tuesday prior to a general or special election at which candidates for
public office are to be elected, a primary election shall be held.
16-202 Notice of offices for which candidates are to be nominated at primary
At least one hundred twenty days before the date of a regular primary election, the
secretary of state shall prepare and transmit to the board of supervisors of each county
a notice in writing designating the state and federal offices for which candidates are to
be nominated at the primary election. 16-203 Primary election for nomination of candidates in municipalities
A primary election for nominations of candidates entitling the nominated candidates
to have their names printed on the official ballots at municipal elections in
incorporated cities and towns shall be held not less than thirty days prior to the
elections.
16-204 Declaration of statewide concern; consolidated election dates
A. While the legislature recognizes that the method of conducting elections by
political subdivisions including charter counties and cities may be a matter of local
concern, the legislature finds and determines that for the purposes of increasing voter
participation and for decreasing the costs to the taxpayers it is a matter of statewide
concern that all elections in this state be conducted on a limited number of days and,
therefore, the legislature finds and declares that the holding of all elections on
certain specific consolidated days is a matter of statewide concern.
B. Notwithstanding any other law or any charter or ordinance of any county, city or
town to the contrary, an election held for or on behalf of a county, city or town, a
school district, a community college district or special districts organized pursuant to
title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following
dates:
1. The second Tuesday in March.
2. The third Tuesday in May.
3. The eighth Tuesday before the first Tuesday after the first Monday in November.
4. The first Tuesday after the first Monday in November.
C. This section does not apply to an election regarding a county or city charter
committee or county or city charter proposal that is conducted pursuant to article XIII,
section 2 or 3 or article XII, section 5, Constitution of ARIZONA.
16-205 Election dates; notice; administration
A. At least one hundred eighty days before each consolidated election date
prescribed by section 16-204, each county board of supervisors shall give notice in
writing regarding the consolidated election program to each school district, community
college district, city, town and special taxing district organized pursuant to title 48,
chapters 5, 6, 8, 10 and 13 through 16 in that county. The notice shall state the date
of the election.
B. The board of supervisors may hold elections only on the dates prescribed by
section 16-204.
C. The secretary of state shall coordinate the consolidated elections with the
board of supervisors. The board of supervisors may enter into an intergovernmental
agreement pursuant to title 11, chapter 7, article 3 with each political subdivision that
participates in a consolidated election in that county in order to administer those
elections. After consultation with the political subdivisions that are participating in
a consolidated election, the officer in charge of elections shall administer the
appointment of election boards.
D. Within ninety days of a consolidated election conducted pursuant to this
section, the board of supervisors shall prepare a report that provides an itemized
account of all costs incurred by the county in administering the election, including an
itemized account of all charges made to each political subdivision that participated in
that election. Political subdivisions that participated in an election conducted
pursuant to this section may request and receive a copy of this report from the board.
16-211 General election
On the first Tuesday after the first Monday in November of every even-numbered year,
a general election shall be held for the election of representatives in Congress, members
of the legislature, and state, county and precinct officers whose terms expire at the end
of the year in which the election is being held or in the following year.
16-212 Election of presidential electors
On the first Tuesday after the first Monday in November, 1956, and quadrennially
thereafter, there shall be elected a number of presidential electors equal to the number
of United States senators and representatives in Congress from this state.
16-213 Election of United States senator
There shall be at each general election immediately preceding the expiration of the
term of office of a United States senator from this state, an election of a United States
senator.
16-214 Issuance of proclamation for general election by governor; publication by boards of supervisors
A. At least thirty days before a general election, the governor shall issue a
proclamation containing a statement of the time of election and the offices to be filled.
B. The governor shall transmit a copy of the election proclamation to the officer
in charge of elections of the several counties.
C. The board of supervisors shall be notified by the officer in charge of elections
of receipt of the election proclamation, and within five days after its receipt the board
shall meet and publish a copy thereof in an official newspaper of the county at least ten
days before a general election.
16-221 Special election to fill vacancy in Congress
Special elections to fill a vacancy in the office of a representative in Congress
shall be held only on the proclamation of the governor and for that purpose only.
16-222 Vacancy in the office of United States senator or representative
A. When a vacancy occurs in the office of United States senator or representative
in Congress by reason of death or resignation, or from any other cause, the vacancy shall
be filled at the next general election. At such election the person elected shall fill
the unexpired term of the vacated office.
B. For a vacancy in the office of representative in Congress, if the next general
election is not to be held within six months from the date of the occurrence of the
vacancy, the governor shall call a special primary election and a special general
election to fill the vacancy. The special primary election shall be held no less than
seventy-five nor more than one hundred five days after the occurrence of the vacancy, and
the special general election shall be held not less than thirty-five nor more than
forty-five days after the special primary election.
C. For a vacancy in the office of United States senator, the governor shall appoint
a person to fill the vacancy. That appointee shall be of the same political party as the
person vacating the office and shall serve until the person elected at the next general
election is qualified and assumes office.
16-223 Issuance of proclamation for special election by governor; publication by boards of supervisors
A. Within ten days after a vacancy occurs in the office of representative in
Congress, if a special primary and special general election are required by section
16-222, the governor shall issue a proclamation containing a statement of the time of the
special primary election and the special general election and the offices to be filled.
B. The governor shall transmit a copy of the election proclamation to the clerk of
each board of supervisors of the several counties.
C. The board of supervisors shall be notified by the clerk of receipt of the
election proclamation, and within five days after its receipt the board shall meet and
publish a copy of the election proclamation in an official newspaper of the county at
least five days before the special primary election and at least five days before the
special general election.
16-224 Proclamation by governor; time for electing delegates to convention for ratification of amendment to the Constitution of the United States
A. When Congress proposes an amendment to the Constitution of the United States,
and proposes that it be ratified by conventions in the several states, the governor shall
fix by proclamation the date of an election for the purpose of electing delegates to the
convention to be held in this state.
B. The election may be a special election, or it may be held at the same time as a
general election, but the election shall be held at least as soon as the next special or
general election occurring more than three months after the amendment has been proposed
by Congress.
16-225 Special district election dates
A. Special districts as described in title 48, chapters 5, 6, 8, 10 and 13 through
16 shall not hold any election except on a date prescribed by section 16-204.
B. The board of supervisors of the county in which the special district or greater
portion of the assessed valuation of the property in the district is located shall call
the election for the formation of special districts in accordance with subsection A of
this section.
C. The governing body of a special district shall call all other elections for the
district in accordance with subsection A of this section and shall notify the board of
supervisors and the officer in charge of elections of the county in which the special
district or greater portion of the assessed valuation of the property in the district is
located of the purpose of the election.
D. On notification of the officer in charge of elections and approval of the county
board of supervisors, the governing body of a special district may authorize any special
district election that is not held on a date prescribed by section 16-204 to be conducted
by mail pursuant to chapter 4, article 8.1 of this title.
16-226 Nonpartisan elections; time of calling; definition
A. Nonpartisan elections shall be called no later than one hundred twenty days
before the date of holding the election.
B. For purposes of this chapter, "nonpartisan" means an election that is held by a
special district established pursuant to title 48 and that is not held concurrently with
the general election.
16-227 Publication of call of election for nonpartisan elections
A. The governing body shall publish a call of election at least twice in a
newspaper of general circulation in the election district in which a nonpartisan election
is being held not less than one week apart during the six calendar weeks preceding ninety
days before the election which shall contain:
1. The purpose of the election.
2. The date of holding the election.
3. The last date and place for filing nomination petitions, if applicable.
4. The last date to register to vote in the election.
5. The name of the election district conducting the election.
6. The proposed boundaries of the election district, if for establishment or
annexation.
7. If the election is a special district mail ballot election as described in
chapter 4, article 8.1 of this title, the date the mail ballots will be mailed to
qualified electors of the district.
B. In lieu of publishing the call described in subsection A, the governing body may
mail a call of election to each household in the district containing a qualified
elector. Such call shall contain the same information described in subsection A and be
mailed not later than ninety days before the election.
16-228 Notice of election for nonpartisan elections
A. The governing body shall publish a notice of election at least twice in a
newspaper of general circulation in the election district in which a nonpartisan election
is being held not less than one week apart during the six calendar weeks preceding twenty
days before the election. This notice shall contain at least:
1. The date of the election.
2. The location of the polls.
3. The hours the polls will be open.
4. The purpose of the election.
5. The election district conducting the election.
B. In lieu of publishing the notice described in subsection A, the governing body
may, and for a nonresident qualified elector of any special district shall, mail a notice
of election to each household containing a qualified elector of the district. Such
notice shall contain the same information described in subsection A and be mailed not
later than ten days before the election.
C. In mail ballot elections, the governing body shall publish a notice of election
at least twice in a newspaper of general circulation in the special district in which the
election is being held once a week during each of the two weeks immediately preceding the
thirty days before the election. This notice shall contain at least:
1. The date of the election.
2. The date ballots will be mailed.
3. The deadline and location for return of the ballots.
4. The method for obtaining a replacement if a ballot is destroyed, lost, spoiled
or not received.
5. A statement that no polling place will be provided.
6. The name of the district that is conducting the election.
7. The qualifications of electors.
D. In lieu of publishing the notice described in subsection C, the governing body
may, and for a nonresident qualified elector of any special district shall, mail a notice
of election to each household containing a qualified elector of the district. The notice
shall contain the same information described in subsection C and shall be mailed not
later than forty-five days before the election.
16-229 Affidavit of compliance
The governing body of a special district as described in title 48 shall submit to
the board of supervisors an affidavit certifying compliance with the applicable federal
and state election laws not later than five days before the nonpartisan election.
16-230 Vacancy in certain state or county offices; election
A. Notwithstanding any other statute and except as prescribed by subsection C of
this section, for state and county offices that provide for a four-year term of office,
the following applies if there is a vacancy in office due to death, disability,
resignation or any other cause:
1. If a state office becomes vacant, the governor shall appoint a person of the
same political party as the person vacating the office to fill the portion of the term
until the next regular general election. If the vacancy occurs within the first two
years of the term, and before the date on which a nomination paper is required to be
filed as prescribed by section 16-311, a primary election shall be held as otherwise
provided by law to determine candidates to fill the unexpired term. At the next regular
general election, the person elected shall fill the remainder of the unexpired term of
the vacant office.
2. If a county office becomes vacant, the board of supervisors shall appoint a
person of the same political party as the person vacating the office to fill the portion
of the term until the next regular general election. If the vacancy occurs within the
first two years of the term, and before the date on which a nomination paper is required
to be filed as prescribed by section 16-311, a primary election shall be held as
otherwise provided by law to determine candidates to fill the unexpired term. At the
next regular general election, the person elected shall fill the remainder of the
unexpired term of the vacant office.
B. A person who is elected to fill the remainder of an unexpired term of a vacant
office pursuant to subsection A of this section may take the oath of office and begin the
remainder of the term of office at any time within ninety days after the canvass of the
election. A person who is appointed pursuant to subsection A of this section shall remain
in office until the person elected pursuant to this subsection takes the oath of office.
C. This section does not apply to the office of governor. 16-241 Presidential preference election; conduct of election
A. A presidential preference election shall be held on the fourth Tuesday in
February of each year in which the president of the United States is elected to give
qualified electors the opportunity to express their preference for the presidential
candidate of the political party indicated as their preference by the record of their
registration. No other election may appear on the same ballot as the presidential
preference election.
B. Notwithstanding subsection A of this section, the governor may issue a
proclamation that the presidential preference election is to be held on a date earlier
than the fourth Tuesday in February. The proclamation shall be issued no later than one
hundred fifty days before the date of the election as set forth in the proclamation. The
governor shall transmit a copy of the election proclamation to the clerk of the county
boards of supervisors.
C. Except as otherwise provided in this article, the presidential preference
election shall be conducted and canvassed in the same manner as prescribed in this title
for the primary election held pursuant to section 16-201. All provisions of other laws
that govern elections and that are not in conflict with this article apply to a
presidential preference election, including laws relating to registration and
qualifications of electors.
D. Unless otherwise specifically prescribed by this article, the powers and duties
conferred by law on boards of supervisors, officers in charge of elections, county
recorders, precinct boards and central counting boards in connection with a primary
election are conferred on those persons for purposes of a presidential preference
election and shall be exercised by them for a presidential preference election.
E. Every act that is an offense pursuant to the election laws of this state is an
offense for purposes of a presidential preference election, and a person is subject to
the penalties prescribed by those laws.
16-242 Qualifications for ballot; nomination paper
A. A person seeking nomination as a candidate for the office of president of the
United States shall sign and cause to be filed with the secretary of state a nomination
paper that contains the following information:
1. The name, residence address and mailing address of the candidate.
2. The name of the recognized political party from which the person seeks
nomination.
3. The name and address of the chairman of the candidate's state committee.
4. The exact manner for printing the candidate's name on the presidential
preference ballot pursuant to section 16-311.
B. The nomination paper shall be filed not less than forty days nor more than
seventy days before the presidential preference election and not later than 5:00 p.m. on
the last day for filing.
C. Section 16-351 does not apply to a nomination paper filed pursuant to this
section.
D. Within seventy-two hours after the close of filing the secretary of state shall
certify to the officer in charge of elections the names of the candidates who are
qualified for the presidential preference election ballot.
16-243 National convention delegates; pledged support to candidates
A. The selection of delegates to the political party national conventions shall be
as provided in the bylaws of each state party.
B. Each delegate to the national convention shall use his best efforts at the
convention for the party's presidential nominee candidate who received the greatest
number of votes in the presidential preference election until the candidate is nominated
for the office of president of the United States by the convention, until the candidate
releases the delegate from his obligation, until a candidate withdraws from the race or
until one convention nominating ballot has been taken. After a candidate is nominated,
withdraws from the race, delegates are released or one ballot is taken, each delegate is
free to vote as he chooses, and no rule may be adopted by a delegation requiring the
delegation to vote as a body or causing the vote of any delegate to go uncounted or
unreported.
16-244 Representation on ballot
A. To be eligible to participate in the presidential preference election, a
political party shall be either of the following:
1. A political party that is entitled to continued representation on the state
ballot pursuant to section 16-804.
2. A new political party that has become eligible for recognition and that will be
represented by an official party ballot pursuant to section 16-801. A petition for
recognition of a new political party shall be filed with the secretary of state not less
than seventy-five nor more than one hundred five days prior to the presidential
preference election. A petition for recognition shall be submitted for signature
verification to a county recorder no later than one hundred fifteen days prior to the
presidential preference election. The county recorder shall verify and count all
signatures of qualified electors within thirty days after submission. A political party
that is eligible for the presidential preference election ballot shall be represented on
the subsequent primary and general election ballots in the year of the presidential
election.
B. Notwithstanding the provisions of section 16-804, subsection A, the secretary of
state shall determine the political parties entitled to continued representation on the
state ballot pursuant to section 16-804, subsection B if, on October 1 of the year
immediately preceding the presidential preference election, that party has registered
voters equal to at least two-thirds of one per cent of the total number of registered
voters in this state. Each county recorder shall furnish the secretary of state with the
number of registered voters as prescribed by section 16-168, subsection G, paragraph 2,
subdivision (d).
16-245 Form and content of ballot
A. Ballots and ballot labels for the presidential preference election shall be
printed on different colored paper or white paper with a different colored stripe for
each party represented on the presidential preference election ballot. Only one party
may be represented on each ballot. At the top and above the heading shall be a stub
separated from the ballot by a perforated line on which is printed "stub no.__________ to
be torn off by an elections official". Above the perforated line shall be printed
"official ballot of the ______________ party, presidential preference election (date),
county of _______, state of ARIZONA".
B. The order of the names of certified candidates on the ballot shall be determined
by lots drawn at a public meeting called by the secretary of state for that
purpose. Rotation of candidate names is prohibited. The certified candidates shall be
listed under the title "_______________ party candidates for president of the United
States". Immediately below shall be printed "vote for not more than one". The ballot
may also contain printed instructions to voters as prescribed for other elections.
C. The officer in charge of elections shall provide a sample ballot proof to the
state committee chairman of each qualified candidate's state committee no later than five
days after receipt of the certification from the secretary of state.
D. The officer in charge of elections shall mail one sample ballot of each party
represented on the presidential preference election ballot to each household that
contains a registered voter of that political party. The return address on the sample
ballot mailer shall not contain the name of any elected or appointed official, and the
name of an appointed or elected official shall not be used to indicate who produced the
sample ballot.
E. The mailing face of each sample ballot shall be imprinted with the great seal of
the state of ARIZONA with the words "official voting materials---presidential preference
election". The polling place for that household may also be designated on the mailing
face of the sample ballot.
16-246 Early balloting; satellite locations; additional procedures
A. Within ninety days preceding the Saturday before the presidential preference
election and not later than 5:00 p.m. on the Friday preceding the election, any elector
who is eligible to vote in the presidential preference election may make a verbal or
signed, written request for an official early ballot to the county recorder or other
officer in charge of elections for the county in which the elector is registered to
vote. If the request is verbal, the requesting elector shall provide the date of birth
and birthplace or other information that if compared to the voter registration records
for that elector would confirm the identity of the elector.
B. Absent uniformed services voters or overseas voters who are otherwise eligible
to vote in the election may vote as prescribed by sections 16-543, 16-543.01 and
16-543.02. The list of candidates that is sent as prescribed by section 16-543.01 shall
be a list of all candidates who have qualified for the presidential preference ballot by
the thirty-sixth day before the presidential preference election.
C. The county recorder may establish on-site early voting locations at the office
of the county recorder or at other locations in the county deemed necessary or
appropriate by the recorder. Early voting shall begin fifteen days before the
presidential preference election and shall end on the Friday before the presidential
preference election.
D. The county recorder shall send by first class mail with the endorsement "do not
forward - address correction requested" any early ballots that are requested pursuant to
subsections A and B of this section and shall include a preaddressed envelope for the
elector to return the completed ballot.
E. The county recorder shall provide to each election board an appropriate
alphabetized list of voters who have requested and have been sent an early ballot. Any
person who is on that list of voters and who was sent an early ballot shall not vote at
the polling place for that election precinct except as prescribed by section 16-579,
subsection C.
F. The county recorder may provide for any of the following in the same manner
prescribed by law for other elections:
1. Special election boards.
2. Emergency balloting for persons who experience an emergency after 5:00 p.m. on
the Friday preceding the presidential preference election and before 5:00 p.m. on the
Monday immediately preceding the presidential preference election.
G. Sections 16-550, 16-551 and 16-552 govern the use of early balloting for the
presidential preference election.
16-247 Write-in candidates prohibited
Votes shall be counted and canvassed only for those candidates whose names appear on
the presidential preference election ballot and write-in candidates are prohibited.
16-248 Designation of polling places
A. Not less than twenty days before a presidential preference election, the board
of supervisors shall designate a reasonable and adequate number of polling places where
the election shall be held.
B. The number of polling places for the presidential preference election is to be
determined according to the number of active registered voters as of January 1 of the
year of the presidential preference election.
C. Each county with more than two hundred thousand active registered voters shall
determine the number of polling places for the presidential preference election by using
no more than one-half of the number of precincts as of January 1 of the year of the
presidential preference election.
D. Each county with less than two hundred thousand active registered voters but
more than ten thousand active registered voters shall determine the number of polling
places for the presidential preference election by using no more than one polling place
for every two thousand active registered voters as of January 1 of the year of the
presidential preference primary.
E. Each county with less than ten thousand active registered voters shall determine
the number of polling places for the presidential preference election by using no more
than one polling place for every one thousand active registered voters as of January 1 of
the year of the presidential preference election.
F. If it is determined by the secretary of state that compliance with state and
federal regulations would be jeopardized, the secretary of state has the authority to
release a county from the number of polling places prescribed by this section.
G. The provisions of this section do not apply to land located on an Indian
reservation.
H. In precincts that contain fewer than two hundred active registered voters, the
officer in charge of elections may conduct a presidential preference election by mail.
16-249 Certification of election to parties; automatic recount inapplicable; tabulation
A. The secretary of state shall certify the election results to the state party
committee chairmen of the parties that have candidates on the presidential preference
ballot on or before the second Monday following the election.
B. Section 16-661, relating to automatic recount, does not apply to an election
held pursuant to this article.
C. The presidential preference election shall be tabulated by congressional
districts.
16-250 Expenses of election
A. The secretary of state in consultation with the county recorders and the county
officers in charge of elections shall include in the budget request for the department of
state sufficient monies from the state general fund to conduct the presidential
preference election prescribed by this article.
B. Reimbursement of charges incurred by the counties for the presidential
preference election shall be made at one dollar twenty-five cents for each active
registered voter who is registered in that county on January 1 of the presidential
preference election year. If the secretary of state determines that reimbursement at
that rate would jeopardize a county's compliance with federal and state laws and
regulations, the secretary of state may release a county from that rate of reimbursement.
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