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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Elections and Electors
Chapter : PENAL PROVISIONS
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16-1001 Applicability of penal provisions
The provisions of this title defining crimes involving elections and crimes against
the elective franchise, and prescribing penalties therefor, apply to any general, primary
or special election or to any election called by a board of supervisors for any purpose
for which the board is authorized by law to call an election.
16-1002 Counterfeiting or distributing unlawful ballots; classification
A person who counterfeits a ballot, or who circulates or gives to another a
counterfeit ballot, knowing at the time that the ballot has not been issued pursuant to
the election laws of the state, is guilty of a class 5 felony.
16-1003 False endorsement, knowing destruction or delay in delivery of ballot; classification
A person who knowingly forges or falsely makes the official endorsement of a ballot,
knowingly destroys or defaces a ballot, or knowingly delays the delivery of a ballot, is
guilty of a class 3 misdemeanor.
16-1004 Interference with or corruption of election officer; interference with voting equipment; classification
A. A person who at any election knowingly interferes in any manner with an officer
of such election in the discharge of the officer's duty, or who induces an officer of an
election or officer whose duty it is to ascertain, announce or declare the result of such
election, to violate or refuse to comply with the officer's duty or any law regulating
the election, is guilty of a class 5 felony.
B. A person who knowingly modifies the software, hardware or source code for voting
equipment without receiving approval or certification pursuant to section 16-442 is
guilty of a class 5 felony. 16-1005 Early ballot abuse; classification
Any person who knowingly marks or punches an early ballot with the intent to fix an
election for his own benefit or for that of another person is guilty of a class 5 felony.
16-1006 Changing vote of elector by corrupt means or inducement; classification
A. It is unlawful for a person knowingly by force, threats, menaces, bribery or any
corrupt means, either directly or indirectly:
1. To attempt to influence an elector in casting his vote or to deter him from
casting his vote.
2. To attempt to awe, restrain, hinder or disturb an elector in the free exercise
of the right of suffrage.
3. To defraud an elector by deceiving and causing him to vote for a different
person for an office or for a different measure than he intended or desired to vote for.
B. A person who violates any provision of this section is guilty of a class 5
felony.
16-1007 Election officer ascertaining or disclosing elector's vote; classification
An officer of an election, unless lawfully assisting a voter, is guilty of a class 2
misdemeanor, who knowingly:
1. Previous to the closing of the polls, attempts to find out for whom the elector
has voted.
2. Opens or permits the folded ballot of an elector which has been delivered to the
election official to be opened or examined previous to depositing it in the ballot box.
3. Makes or places a mark or device on a folded ballot with the intent to ascertain
for whom any elector has voted.
4. Without consent of the elector, discloses the name of any person whom the
election official has fraudulently or illegally discovered to have been voted for by the
elector.
16-1008 Election officer changing vote of elector by menace or reward; classification
An officer of an election who, while acting as such, knowingly induces an elector,
either by menace, reward or promise thereof, to vote differently than the elector
intended or desired to vote, is guilty of a class 2 misdemeanor.
16-1009 Failure or refusal to perform duty by election officer; classification
A public officer upon whom a duty is imposed by this title, who knowingly fails or
refuses to perform that duty in the manner prescribed by law, is guilty of a class 3
misdemeanor.
16-1010 Refusal by election officer to perform duty; violation of election law; classification
A person charged with performance of any duty under any law relating to elections
who knowingly refuses to perform such duty, or who, in his official capacity, knowingly
acts in violation of any provision of such law, is guilty of a class 6 felony unless a
different punishment for such act or omission is prescribed by law.
16-1011 Counterfeiting election returns; classification
A person who knowingly forges or counterfeits returns of an election purporting to
have been held at a precinct or place where no election was in fact held, or who
knowingly substitutes, forges or counterfeits returns of election instead of the true
returns for a precinct or place where an election was actually held, is guilty of a class
4 felony.
16-1012 Intimidation of elector by employer; classification
A. It is unlawful for an employer knowingly:
1. In paying employees the salary or wages due them, to enclose their pay in
envelopes upon which there is written or printed any political mottoes, devices or
arguments, containing threats, express or implied, intended or calculated to influence
the political opinions, views or actions of the employees.
2. Within ninety days of an election provided by law, to put up or otherwise
exhibit in any place where his employees are working or are present in the course of
employment a handbill, notice or placard containing a threat, notice or information that
if any particular ticket or candidate is elected or defeated work in his place or
establishment will cease in whole or in part, or his establishment will be closed, or the
wages of his workmen will be reduced, or other threats, express or implied, intended or
calculated to influence the political opinions or actions of his employees.
B. An employer, whether acting in his individual capacity or as an officer or agent
of a corporation, who violates a provision of this section is guilty of a class 1
misdemeanor.
16-1013 Coercion or intimidation of elector; classification
A. It is unlawful for a person knowingly:
1. Directly or indirectly, to make use of force, violence or restraint, or to
inflict or threaten infliction, by himself or through any other person, of any injury,
damage, harm or loss, or in any manner to practice intimidation upon or against any
person, in order to induce or compel such person to vote or refrain from voting for a
particular person or measure at any election provided by law, or on account of such
person having voted or refrained from voting at an election.
2. By abduction, duress or any forcible or fraudulent device or contrivance
whatever, to impede, prevent or otherwise interfere with the free exercise of the
elective franchise of any voter, or to compel, induce or to prevail upon a voter either
to cast or refrain from casting his vote at an election, or to cast or refrain from
casting his vote for any particular person or measure at an election.
B. A person, whether acting in his individual capacity or as an officer or agent of
a corporation, who violates a provision of this section is guilty of a class 1
misdemeanor.
16-1014 Corruption of electors; classification
A. It is unlawful for a person, directly or indirectly, by himself or through any
other person knowingly:
1. To treat, give, pay, loan, contribute, offer or promise money or other valuable
consideration, or to give, offer or promise an office, place or employment, or to promise
or to procure or endeavor to procure an office, place or employment, to or for a voter,
or to or for any other person, to induce the voter to vote or refrain from voting at an
election for any particular person or measure, or to induce the voter to go to the polls,
or remain away from the polls at an election, or on account of the voter having voted or
refrained from voting for any particular person or measure, or having gone to the polls
or remained away from the polls at an election.
2. To advance or pay or cause to be paid, money or other valuable consideration to
or for the use of any other person with the intent that it, or any part thereof, be used
for bribery at any election provided by law, or to knowingly pay or cause to be paid
money or other valuable thing to any person in discharge or repayment of money, wholly or
in part expended for bribery at any election.
3. To receive, agree or contract for, before, during or after an election provided
by law, money, gifts, loans or other valuable consideration, office, place or employment
for himself or other person, for voting or agreeing to vote, or for going or agreeing to
go to the polls, or for refraining or agreeing to refrain from voting for a particular
person or measure, or for inducing any person to vote or refrain from voting, or to vote
or refrain from voting for a particular person or measure at an election.
B. A person violating any provision of this section is guilty of a class 2
misdemeanor.
16-1015 Election wagers; classification
A person who, before or during an election provided by law, knowingly makes, offers
or accepts a bet or wager, or takes a share or interest in, or in any manner becomes a
party to the bet or wager, or provides or agrees to provide money to be used by another
in making the bet or wager, upon any contingency whatever arising out of such election,
is guilty of a class 2 misdemeanor.
16-1016 Illegal voting; pollution of ballot box; removal or destruction of ballot box, poll lists or ballots; classification
A person is guilty of a class 5 felony who:
1. Not being entitled to vote, knowingly votes.
2. Knowingly votes more than once at any election.
3. Knowingly gives to an election official two or more ballots folded together.
4. Knowingly changes or destroys a ballot after it has been deposited in the ballot
box.
5. Knowingly adds a ballot to those legally cast at any election, by fraudulently
introducing the ballot into the ballot box either before or after the ballots therein
have been counted.
6. Knowingly adds to or mixes with ballots lawfully cast, other ballots, while they
are being canvassed or counted, with intent to affect the result of the election, or to
exhibit the ballots as evidence on the trial of an election contest.
7. Knowingly and unlawfully carries away, conceals or removes a poll list, ballot
or ballot box from the polling place, or from possession of the person authorized by law
to have custody thereof.
8. Knowingly destroys a polling list, ballot or ballot box with the intent to
interrupt or invalidate the election.
9. Knowingly detains, alters, mutilates or destroys ballots or election returns.
16-1017 Unlawful acts by voters with respect to voting; classification
A voter who knowingly commits any of the following acts is guilty of a class 2
misdemeanor:
1. Makes a false statement as to the voter's inability to mark a ballot.
2. Interferes with a voter within the seventy-five foot limit of the polling place
as posted by the election marshal or within seventy-five feet of the main outside
entrance to an on-site early voting location established by a county recorder pursuant to
section 16-542, subsection A.
3. Endeavors while within the seventy-five foot limit for a polling place or
on-site early voting location to induce a voter to vote for or against a particular
candidate or issue.
4. Prior to the close of an election defaces or destroys a sample ballot posted by
election officers, or defaces, tears down, removes or destroys a card of instructions
posted for the instruction of voters.
5. Removes or destroys supplies or conveniences furnished to enable a voter to
prepare the voter's ballot.
6. Hinders the voting of others.
7. Votes in a county in which the voter no longer resides, except as provided in
section 16-125. 16-1018 Additional unlawful acts by persons with respect to voting; classification
A person who commits any of the following acts is guilty of a class 2 misdemeanor:
1. Knowingly electioneers on election day within a polling place or in a public
manner within seventy-five feet of the main outside entrance of a polling place or
on-site early voting location established by a county recorder pursuant to section
16-542, subsection A.
2. Intentionally disables or removes from the polling place, on-site early voting
location or custody of an election official a voting machine or a voting record.
3. Knowingly removes an official ballot from a polling place before closing the
polls.
4. Shows the voter's ballot or the machine on which the voter has voted to any
person after it is prepared for voting in such a manner as to reveal the contents, except
to an authorized person lawfully assisting the voter.
5. Knowingly solicits a voter to show the voter's ballot, or receives from a voter
a ballot prepared for voting, unless the person is an election official or unless
otherwise authorized by law.
6. Knowingly receives an official ballot from a person other than an election
official having charge of the ballots.
7. Knowingly delivers an official ballot to a voter, unless the voter is an
election official.
8. Except for a completed ballot transmitted by an elector by fax pursuant to
section 16-543, knowingly places a mark on the voter's ballot by which it can be
identified as the one voted by the voter.
9. After having received a ballot as a voter, knowingly fails to return the ballot
to the election official before leaving the polling place or on-site early voting
location. 16-1019 Political signs; tampering; classification
A. It is a class 2 misdemeanor for any person to knowingly remove, alter, deface or
cover any political sign of any candidate for public office for the period commencing
forty-five days prior to a primary election and ending seven days after the general
election.
B. The provisions of this section shall not apply to the removal, alteration,
defacing or covering of a political sign by the candidate or the authorized agent of the
candidate in support of whose election the sign was placed, or by the owner or authorized
agent of the owner of private property on which such signs are placed with or without
permission of the owner, or placed in violation of state law, or county, city or town
ordinance or regulation.
16-1020 Signing of petitions; violation; classification
A person knowingly signing any name other than his own to a nomination petition or a
petition for formation, alteration or dissolution of a special district, except in a
circumstance where he signs for a person, in the presence of and at the specific request
of such person who is incapable of signing his own name because of physical infirmity, or
knowingly signing his name more than once to a nomination petition or a petition for
formation, alteration or dissolution of a special district, or who is not at the time of
signing a qualified elector entitled to vote at the election initiated by the petition,
is guilty of a class 1 misdemeanor.
16-1021 Enforcement by attorney general and county, city or town attorney
In any election for state office, members of the legislature, justices of the
supreme court, judges of the court of appeals or statewide initiative or referendum the
attorney general may enforce the provisions of this title through civil and criminal
actions. In any election for county, city or town office, community college district
governing board, judge or a county, city or town initiative or referendum, the
appropriate county, city or town attorney may enforce the provisions of this title
through civil and criminal actions. In any special district election, the county
attorney of any county in which the district or a portion of the district is located or
the attorney general may enforce the laws governing such election.
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