Chapter 8 – Election Procedures – AZ League Data Portal

CHAPTER 8 – election procedures

This Chapter 5 addresses the specific procedures for holding municipal elections, which primary and general (runoff) and special elections.

The specific statutory procedures for holding primary elections are very specific and most cities and towns use these procedures as guides for holding general elections. When local elections are consolidated with state and county elections, many of these statutory procedures are not the responsibility of the local clerk and are performed by the county. The municipality’s agreement with the county’s election office will typically describe the tasks to be performed by the county on behalf of the municipality and the tasks to be performed by the local clerk.

Note: The majority of Arizona cities and towns contract with their respective counties for election services. Recognizing that not all cities and towns contract with their respective counties for election services, in whole or in part, the following procedures are written so that they can be used as a reference guide by clerks who conduct their own elections.

PREPARING FOR THE ELECTION

Receiving Notice from County

At least 210 days before each consolidated election date, each county board of supervisors must give notice in writing regarding the consolidated election program to each city and town in that county. The notice must include the specific election date; the deadline by which the city or town must inform the Board of Supervisors or officer in charge of elections whether an election will be held; and any additional information deemed necessary by the Board of Supervisors or officer in charge of elections. The notice may be mailed, emailed, or otherwise electronically transmitted. A.R.S. § 16-205; Laws 2022, Chapter 277.

Entering into an Agreement with the County for Election Services

Cities and towns holding consolidated elections will need to negotiate a contract with the county for election administration. This contract should be entered into significantly in advance of the election. (This agreement or a separate agreement may also address the use of county registration lists). A.R.S. §§ 9-823, 16-120, 16-172.

Publishing a Call of the Election (optional unless required by local code or charter)

A call of election is not required under state law for a city or town election (unless a call of election is required by the local code, local charter, or the agreement with the county).³ However, if a city or town is holding an election that is not held concurrently with a general election (Fall of even-numbered years), the clerk must provide written notice to inform the applicable officer in charge of elections that the city or town intends to conduct an election. This written notice must be provided no later than 180 days before the election. Consult with your attorney to check requirements in local codes or the intergovernmental agreement with the county that may require proof of legal action by the Council. A.R.S. §§ 16-205, 16-226; Secretary of State Elections Procedures Manual

Although cities and towns are no longer required by state law to publish a call or notice of election, it is important to inform the public about the election and to alert candidates about filing dates. The clerk can post the election information (see sample Notice of Election Resolution) on the city or town website and public posting locations. If your city or town decides to also publish a “call of election” in a newspaper, it will need to be published at least twice in a newspaper of general circulation in the city or town (not less than 1 week apart) during the 6 calendar weeks preceding 150 days before the election. The “call of election” should also be posted on the city or town website and public posting locations. A.R.S. § 16-205.

Providing Notice of Annexations to the County

The county may have specific notice requirements regarding annexations, which may be included in the agreement with the city or town for election services. It is important for clerks to discuss county requirements with their city/town attorneys to ensure compliance.

Even if there is no specific contractual requirement, it is strongly recommended that local clerks provide notice to the county when a signed annexation petition has been submitted to the municipality (or the municipality plans to conduct a public hearing regarding a signed annexation petition) during the 90-day period prior to the election. This will ensure that any jurisdictional boundary change will not impact a voter’s ability to vote.

Although a county gets notice of a proposed annexation when a blank annexation petition is filed with the county, counties have expressed concerns about past annexations that were finalized immediately prior to an election. A municipal annexation within the 90-day period preceding the election makes it difficult for counties to add new registrants to the proper precincts. Ballots are typically printed 60 days before an election and sent to military and overseas voters 45 days before the election. Providing notice to the county ensures ballot access to voters.

Locating Polling Places and Early Voting Sites

For elections that are not consolidated with state and/or county elections, the city or town clerk may be charged with the responsibility of securing locations that can serve as polling places and early voting sites. The clerk will need to work with the city or town attorney to obtain the associated permissions to use these facilities and to ensure compliance with state law. If no suitable polling place can be found within a precinct, polls may be in an adjacent precinct. A.R.S. § 16-411; Secretary of State Elections Procedures Manual.

Electioneering at Polling Places and Early Voting Sites

In general, during the period of early voting, all polling places and early voting sites must allow electioneering in public areas and parking lots outside the 75-foot limit used by voters. No temporary or permanent structure may be erected on these public areas and access to parking spaces may not be blocked or impaired. A.R.S. § 16-411.

There is an emergency exception to this requirement to allow electioneering outside the 75-foot limit, but it comes with reporting requirements and strict limitations. In particular, a clerk can declare an emergency and specify that in one or more polling place locations electioneering is not allowed. This exception can only be invoked for actual emergencies (i.e., acts of God such as floods, wildfires) that render polling places unusable, or when the clerk has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation. If this emergency exception is invoked, the clerk must post a notice on the city or town website at least 2 weeks before the election that:

describes which polling place is affected and why; and
describes the number of attempts that were made to find a polling place before invoking the emergency designation. A.R.S. § 16-411(H).

If an actual emergency occurs within 2 weeks of the election, the clerk must give as much notice as possible and include how many attempts were made to find a polling place before granting the emergency designation. A.R.S. § 16-411(H).

Waiting Times at Polling Places

The Secretary of State specified in the Elections Procedures Manual a maximum allowable wait time of 30 minutes for any election and methods to reduce voter wait time at the polls in the primary and general elections to develop a wait time reduction plan. The election marshal or inspector is to periodically measure the length of waiting times at the polling place throughout the day, and if the waiting time is 30 minutes or more, the marshal or inspector is to inform the officer in charge of elections and request additional voting machines, voting booths and board workers, as appropriate. A.R.S. § 16-535(B).

Chain of Custody & Security of Voting Equipment

The clerk is required to maintain records that show the chain of custody for all election equipment and ballots during early voting through the completion of provisional voting tabulation. Once again, this will not apply to a consolidated election; for consolidated elections, the county will maintain that record for all elections on the ballot. A.R.S. §§ 16-621(E), 16-625, 16-570(B).

APPOINTING Election Boards and Tally Boards

It is the duty of the city or town council to appoint election boards at least 10 days before the primary and general elections. The election boards will consist of one inspector, 2 judges, and 2 clerks in cities and towns having a population of 2,000 or less. In those cities and towns with precincts, the election board members must reside in the precinct in which the board is serving except if there are not enough qualified individuals to serve from the precinct, the inspector, marshal, judges and clerks must be qualified voters of the state. Cities and towns exceeding 2,000 in population according to the last official census will appoint one inspector, 2 judges, and 2 clerks for each precinct or voting district within the corporate limits. State law provides that whenever possible persons appointed as inspectors should have previous experience as an election official. Technically, it is the governing body of the city or town which appoints the election boards; however, the city or town clerk has the responsibility for ensuring that election boards are appointed pursuant to the election laws. A.R.S. §§ 9-825, 16-531.

The clerk is required to hold an instructional meeting of all inspectors and judges of the election boards not more than 45 days prior to the election. Other members of the board may also be trained at the same time. The instructor must be qualified and have practical experience in the election process. Inspectors and judges of the election board must be instructed on:

The operating mechanism of the voting device to be used.
The duties of election officers during an election. A.R.S. § 16-532.

The clerk may approve an alternate method of instruction and testing for election board members. Each election board member who successfully completes the instruction must be certified as a premium board worker. This instruction includes at least 8 classroom hours of instruction and a written exam on election law and procedures. A certified premium board worker is not required to receive additional training for 30 months from the date of certification; however, the clerk may require premium board workers to receive additional training at any time. In addition, the clerk is required to notify election board workers, in writing, of changes to the election law or procedures.

After the election officers have received this instruction, the city or town clerk will issue a certificate attesting to this fact. No person is permitted to serve as an election board worker at an election unless the person has received this instruction or has been appointed to the election board on Election Day. Members of the election board may appoint alternate election board members on the day of the election if for some reason the regular board member is not present at the opening of the polls. Such alternates must be appointed from a list of persons, supplied by the clerk, who may be available for appointment as alternate election board members if the necessity arises. These alternates do not have to reside in the precinct in which they serve as members of the election board. The governing body will fix the compensation of election board officers, and such compensation must be a charge against the city or town. The minimum payment permitted is $30 per day. Persons between the age of 16 and 18 may be appointed as election board clerks. The person must be a United States citizen, be supervised by an adult who has been trained as an election officer, attend election board training and have written permission from their parent or guardian. Once again, these appointments and requirements will be handled by the county in consolidated elections. A.R.S. §§ 16-531(G), 16-533, 16-536.

PUBLISHING THE Financial Statement

The council is required to publish a true and correct statement of all money received into the public treasury and all money distributed from the treasury since the last report. This Financial Statement must be published in a local newspaper at least 10 days before the biennial primary election; or if there is no such newspaper, the Financial Statement must be posted in 3 or more public places in the city or town. As an alternative to developing new information, you may publish Schedule A of the State Budget forms for the appropriate years to meet this requirement. A.R.S. § 9-246.

Sample Ballots

At least 45 days prior to both the primary and general election, the clerk must prepare a proof of a sample ballot which is printed without endorsement or certificate. A city or town may choose to distribute a mailer-type sample ballot to voters. A.R.S. § 16-461.

Additionally, the clerk must mail a sample ballot proof to each candidate who has filed Nomination Papers and Nomination Petitions and, for partisan elections, submit the sample ballot proof to each city or town chairman. Within 5 days after receipt of the proof, the chairman may suggest changes to the party ballot. If the clerk finds an error or omission in the ballot, the clerk must correct it.

The clerk must also post a notice indicating that sample ballots are available on request in the clerk’s office. These sample ballots and notice should be prepared and posted at the same time early ballots are ready for distribution. State law requires that early ballots be ready not later than 33 days before the city or town election. A.R.S. § 16-545(B).

Finally, there are several restrictions on the printing and distributing of such sample ballots.

The city or town must bear the cost of printing and distributing the sample ballots.
The return address of the mailer-type sample ballots cannot contain the name of an appointed or elected public officer nor may such a name be used to indicate who produced the sample ballot.
The mailing face of such a sample ballot must be imprinted with the city/town seal and the words “official voting materials” and the sample ballot must contain the following statement: “This is a sample ballot and cannot be used as an official ballot under any circumstances”. Notice of the identification at the polls requirement and a list of acceptable forms of identification are to be included with the sample ballots. You do not need to mail a sample ballot to a voter who is on the active early voter list. The sample ballot cannot be marked and used as an official ballot except if voting machines are out of order and cannot be repaired or substituted. A.R.S. §§ 16-461, 16-574.

Paper Ballots

State law requires that paper ballots for early voters be available not later than 33 days before any city or town election. Consequently, the clerk should order final paper ballots after review of the sample ballot in time to meet this requirement. The number of paper ballots furnished to each precinct must not be less than an amount exceeding by 1% the number of active registered voters whose names appear on the precinct register of the city or town. Paper ballots must be delivered to the inspector of each election board or each voting precinct at least 48 hours prior to the opening of the polls on Election Day. The clerk must take care to ensure that the outside of the packages is clearly labeled to denote the polling place for which the ballots are intended and the number of ballots within each package. All ballot packages must be sealed. The inspector, upon receiving the ballots, will issue a receipt. The printing or distributing of counterfeit ballots is a Class 5 felony. A.R.S. §§ 16-508, 16-509, 16-545(B), 16-1002.

When there are two or more candidates for a nomination, the names of all candidates for the nomination must be alternated on the ballots so that the name of each candidate appears substantially an equal number of times at the top, bottom and intermediate place on the ballot. Rotation on the ballot is not required when there are fewer than or the same number of candidates seeking office as the number to be elected and the names must be in alphabetical order.

Paper ballots must provide for a place to write in a person’s name not appearing on the ballot at primary and general elections; enough space must be provided for the number of offices to be filled at the election. A.R.S. § 16-502.

Voters may cast their votes by simply making a mark according to instructions in the appropriate space on the paper ballot. They can make a mark in the designated space with any character or symbol that is noticeable to a reasonable person but does not identify or reveal the voter. A.R.S. §§ 16-400, 16-502.

EARLY VOTING

The clerk must make provisions for early voting. Early ballots must be ready 33 days before the election to allow any qualified elector to apply for an early ballot and to complete and return it to the clerk prior to the election. The clerk must also ensure the ballot return envelopes are tamper-evident when properly sealed and do not reveal the voter’s selections or political party affiliation (for partisan elections). A.R.S. §§ 16-400, 16-545(B).

The provisions for early voting apply to any election called according to the laws of the State. No reason for requesting an early ballot must be stated. A.R.S. § 16-541(A); Laws 2022, Chapter 174.

A qualified elector may make a single verbal or a single written and signed request for early ballots for both the primary and general election. For all requests, the requesting elector must provide the address, date of birth and state or country of birth or other information that if compared to the voter registration on file would confirm the identity of the elector. However, electors may change the address on their voter registration when requesting an early ballot by including a signed affirmation that the information is true and correct. A.R.S. §§ 16-135, 16-542(A).

Early ballots must be available 33 days before the election but cannot be distributed more than 27 days before the election. For all requests received 31 days or more before the election, you must send the requesting elector the early ballot not earlier than the 27^th day before the election and not less than 24 days before the election. However, requests received prior to the election from military personnel, who are overseas, must be transmitted by mail, fax or other electronic format approved by the Secretary of State within 24 hours of the time the clerk receives the ballots from printing or the deadline for preparation (33 days before the election). A.R.S. §§ 16-542(C), 16-543.

To receive an early ballot by mail, the elector’s request must be received by the clerk no later than 5:00 p.m. on the eleventh day preceding the election. An elector may vote in person at an on-site early voting location set up by the clerk until 5:00 p.m. on the Friday preceding the election. If you receive requests within 27 days before the election, you must respond to those requests within 48 hours of receiving the request. Saturdays, Sundays and other legal holidays are excluded from the computation of this 48-hour period. Also, qualified electors because 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 may request to vote early in the manner prescribed by the city or town clerk. An elector who is voting at an on-site early voting location or other early voting location, or as a result of experiencing an emergency must provide the same identification required at the polls on Election Day. Additionally, if an elector is voting due to an emergency, the elector must sign a statement under penalty of perjury that states the person is experiencing an emergency after 5:00 p.m. on the Friday immediately preceding the election and before 5:00 p.m. on Monday immediately preceding the election that would prevent the person from voting at the polls. These signed statements are not subject to inspection under public records law. A.R.S. §§ 16-153(G), 16-542, 41-166.

Qualified voters in the United States armed services, their spouses and any dependent qualified to vote as well as persons whose information is protected, can request an early ballot with a Federal Postcard Application that contains both an early voter registration and an early ballot application. A city or town clerk, upon receiving a request for early voting, must mail postage prepaid to the address provided by the requesting elector, fax or send by the internet or other electronic means as specified by the voter the early ballot. If no method is specified by the voter, the clerk must use the method specified in the State Elections Procedures Manual to send the early ballot materials. Only the elector may be in possession of their unvoted early ballot. A.R.S. §§ 16-153, 16-542.

Special provisions are set forth in State law concerning early ballots mailed to qualified voters in the armed forces, their spouses and dependents qualified to vote and persons whose information is protected. You are required to provide a method by which overseas voters and those in the armed services can verify at no cost to the voter whether their ballot has been received. A.R.S. §§ 16-548, 16-579.

A city or town clerk or other election officer may not deliver or mail an early ballot to a person who has not requested it for that election unless the voter is on the active voter registration list, made a one-time early ballot request for an election, the city or town is conducting a mail ballot election, or a special district is conducting a mail ballot election.An election officer who knowingly violates this prohibition is guilty of a Class 5 felony. Additionally, any person who knowingly provides a mechanism for voting to another person who is registered in another state, including by forwarding an early ballot addressed to the other person, is guilty of a Class 6 felony. A.R.S. §§ 16-542(L), 16-1016; Laws 2022, Chapter 270.

A person who receives an early ballot at an address at which another person formerly resided, without voting the ballot or signing the envelope, must write “not at this address” on the envelope and place the mail piece in a U.S. postal service collection box or other mail receptacle. On receipt the county recorder or other officer in charge of elections must proceed in the manner prescribed in A.R.S. § 16-544(E). A.R.S. § 16-544(P); Laws 2022, Chapter 270.

When the county recorder receives confirmation from another county that a person registered has registered to vote in that other county, the county recorder must remove that person from the active early voting list. Additionally, if the county recorder receives credible information that a person has registered to vote in a different county, the county recorder must confirm the person’s voter registration with that other county and, on confirmation, must remove that person from the county’s active early voting list pursuant to A.R.S. § 16-544(Q). A.R.S. § 16-544(P); Laws 2022, Chapter 270.

The city or town clerk must send an alphabetized list of all voters applying for early ballots to the election board of the precinct in which the voter is registered not later than the day before the election.

Note: For cities and towns that hold an election on the consolidated election date that coincides with any partisan primary election, a voter who is not a member of a political party has the option to select a party ballot that includes nonpartisan offices and ballot questions, or a ballot with only nonpartisan offices and ballot measures. A.R.S. § 16-542(A).

The entire early ballot election packet must contain the following:

Instructions for the completion of the early ballot, including a statement about the deadline to return the ballot and the ballot will not be counted without the voter’s signature on the return envelope.
An early ballot sent in an envelope that states substantially the following: “If the addressee does not reside at this address, mark the unopened envelope “Return to Sender” (or an alternate statement that clearly instructs and permits the recipient to indicate the addressee does not reside at the address) and deposit it in the U.S. mail.
A copy of the ballot with “Early” printed or stamped on the ballot.
A ballot affidavit envelope that does not reveal the voter’s selections (or political party for partisan elections) and is “tamper evident” when properly sealed.
A return envelope. A.R.S. §§ 16-542, 16-545, 16-547.

Once the ballot has been voted and folded by the voter so the contents may not be revealed, the return envelope (also known as the ballot affidavit envelope) is sealed with the voted ballot and completed affidavit inside. The ballot affidavit envelope is then returned to the city or town clerk and must be received by 7:00 p.m. on Election Day. The office of the city or town clerk must remain open until 7:00 p.m. on Election Day for the purpose of receiving early ballots. A.R.S. §§ 16-547(D), 16-551(C).

If practicable, the county recorder or other officer in charge of elections must count the number of early ballots that are returned at voting locations on Election Day and must post on its website those totals with the last unofficial results that are released on election night pursuant to A.R.S. § 16-622. Beginning with the day following the election, the county recorder or other officer in charge of elections must enter the county’s ballot tracking system, if established, early ballots that were returned at the voting location on Election Day. A.R.S. § 16-551; Laws 2022, Chapter 232.

Active Early Voting List

Any voter can request to be included on active list of voters to receive an early ballot by mail for any election for which the county voter registration roll is used to prepare the election register. The county recorder is required to maintain the active early voting list as part of the voter registration roll. Cities and towns that want to have access to the active early voter list for their jurisdiction will need to work with their county election office, particularly those jurisdictions that do not contract with the county for election assistance. For those who contract with the county for election services, the requirements under this law will be performed by the county. A.R.S. § 16-544.

A voter who wishes to be placed on the active early voting list must make a written request supplying required information including name, residence address, mailing address, date of birth and signature. Not less than 90 days before any polling place election scheduled to be held in March or August, a notice must be mailed to each voter on the active early voting list with information on the dates of the elections that are the subject of the notice, the dates that the voter’s ballot is expected to be mailed and the address where the ballot will be mailed. The notice must be delivered with return postage prepaid and must allow the voter to change the mailing address to which the ballot is to be sent to another location in the voter’s county of residence; update the voter’s address in the county of residence; or request that the voter not be sent a ballot for the upcoming election indicated on the notice. Procedures are specified if the notice is returned undeliverable. If an election is not formally called by 120 days before the election, this notice is not required to be mailed. A.R.S. § 16-544.

A candidate, political action committee or other organization may distribute active early voting list request forms to voters. If the request form includes a printed address for return, that address must be for the political subdivision that will conduct the election. For those of you contracting with the county to run your election, the return address should be to the county. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to 3 times the cost of the production and distribution of the active early voting list request. A.R.S. § 16-544(N).

In addition, all original and completed active early voting list request forms that are received by a candidate, political action committee or other organization must be submitted within 6 business days after receipt by a candidate or political action committee or 11 days before Election Day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political action committee or other organization that fails to submit a completed active early voting list request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed active early voting list request form before the submission deadline for the election immediately following the completion of the form is guilty of a Class 6 felony. A.R.S. § 16-542.

For those on the active early voting list, an early ballot must be mailed on the first day of early voting unless the voter has notified the election officer within 45 days before the election to not send the ballot. A person remains on the list until 1) they ask to be removed, 2) their registration is canceled or moved to inactive status, 3) the notice mailed to the person is returned undeliverable by the post office and the voter cannot be contacted to determine whether they would like to remain on the list, or 4) the voter fails to vote an early ballot in all elections for two consecutive election cycles excluding special taxing district elections or special district mail ballot elections. “Election” means any regular primary or regular general election for which there was a federal race on the ballot of for which a city or town candidate primary or first election or city or town candidate second, general or runoff election was on the ballot. “Election cycle” has the same meaning as the campaign finance laws – for cities and towns, the two-year period beginning on the first day of the calendar quarter after the calendar quarter in which the city or town’s second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city or town’s immediately following second, runoff or general election is scheduled, however that election is designated by the city or town. Statute outlines the procedures for the county recorder to remove a voter from the active early voting list – this is not a clerk responsibility. A.R.S. § 16-544.

Distribution of Early Ballot Request Forms

Like active early voting list requests, a candidate, political action committee or other organization may distribute early ballot request forms to voters. The return address on the request form must be the address of the political subdivision that will conduct the election, which may be the county. All early ballot request forms that are received by a candidate or political action committee must be transmitted within 6 business days after receipt by the candidate or political action committee or 11 days before Election Day, whichever is earlier. Failure to submit a completed early ballot request form within the specified time is subject to a civil penalty of $25 per day for each completed form not submitted. The penalty for failure to submit a form before the deadline for the election is a Class 6 felony. A.R.S. § 16-542.

Ballot Drop-Off Locations and Drop-Boxes

Municipalities that establish one or more ballot drop-off locations or drop-boxes must develop and implement procedures to ensure the security of the drop-off location and/or drop-boxes and must comply with the requirements to ensure the safety and security of the ballots, including the development and implementation of secure ballot retrieval and chain of custody procedures. If the city or town has contracted with the county, instructions will be provided by the county to municipal staff for drop-off locations or drop-boxes that are located on municipal property. More extensive requirements are outlined in the State Elections Procedures Manual and should be reviewed before the start of early voting.

Disposition of Early Ballots

If the city or town is conducting the election, the clerk must compare the signature of an early ballot received with the signature of the elector as shown on the affidavit of registration (except for Election Day early ballots tabulated on-site as prescribed in A.R.S. § 16-579.02 – see below). If the signature is inconsistent with the elector’s signature on the registration record, the county recorder or other election official must make reasonable efforts to contact the voter, advise the voter of the inconsistencies, and allow the voter to correct or confirm the inconsistent signature. A voter has 5 business days after an election that includes a federal office or 3 business days after any other election to cure their ballot for an inconsistent signature. If the signature is missing, the county recorder or election official must make reasonable efforts to contact the elector, advise the elector of the missing signature and allow the elector to add the elector’s signature not later than 7:00 p.m. on Election Day. The cure period does not apply to special taxing district or special district mail ballot elections or if a signature is missing. A.R.S. § 16-550(A).

Tallying of early ballots may begin immediately after the envelope and completed affidavit are processed and delivered to the early election board as prescribed by the State Elections Procedures Manual.

In a city or town using optical scan ballots, the clerk may request permission from the Secretary of State to use an alternative procedure for the processing of early ballots. The request must be made in writing at least 90 days before the election at which the alternative procedure will be used. A.R.S. § 16-552(A).

Every county recorder or other officer in charge of elections may provide for a qualified elector who appears at that elector’s designated polling location or at a voting center on Election Day with the elector’s voted early ballot to have the elector’s voted early ballot tabulated as prescribed in A.R.S. § 16-579.02(on-site tabulation).⁹¹ If the on-site tabulation of early ballots is allowed, the county recorder or other officer in charge of elections must do all of the following. A.R.S. § 16-570(A); Laws 2022, Chapter 271:

Designate an area within a precinct or voting center for processing electors with their voted early ballots that is physically separate from the area for voters who are voting pursuant to A.R.S. § 16-579.

Provide adequate poll workers, election officials and equipment necessary to conduct voting pursuant to this section (A.R.S. § 16-479.01) and A.R.S. § 16-579.02.

Categorize and tally separately in the official canvass and other reports electors whose voted early ballots are tabulated at the precinct or voting center. The tally must be reported by precinct in the official canvass and other voting reports.

Reconcile for that polling place or voting center the number of electors who appear on the signature roster or e-pollbook with the number of completed early ballot affidavits and the voted early ballots tabulated on-site.

In addition, a qualified elector who appears at a voting center and presents their voted early ballot and identification may proceed as follows:

If the elector does not present identification that complies with A.R.S. § 16-579(A)(1), the elector must either deposit the elector’s voted early ballot in its affidavit envelope in an official drop box or proceed to the area designated for election day voting to surrender the early ballot to the election board for retention and not for tabulating. The elector must then be allowed to vote a provisional ballot as prescribed in A.R.S. § 16-584. Otherwise, an election official cannot allow for the on-site tabulation of an early ballot if the elector does not present identification that complies with A.R.S. § 16-579(A)(1).

If the elector presents sufficient identification that complies with A.R.S. § 16-579(A)(1), the elector must present the elector’s early ballot affidavit to the election official in charge of the signature roster, and the election official must confirm that the name and address on the completed affidavit reasonably appear to be the same as the name and address on the precinct register.

If the elector’s affidavit is not complete, the election official in charge of the signature roster must allow the elector to complete the affidavit. The election official cannot allow for the on-site tabulation of an early ballot until the elector presents a completed early ballot affidavit.
If the elector’s affidavit is complete, the elector’s name must be numbered consecutively by the clerk and in the order of application for early ballot tabulation. A.R.S. §§ 16-579(A)(1); 16-579.02; Laws 2022, Chapter 271.

For precincts in which a paper signature roster is used, each qualified elector must sign the elector’s name in the signature roster as prescribed in A.R.S. § 16-579(D) before proceeding to the tabulating equipment. For precincts in which an electronic pollbook is used, each qualified elector must sign the elector’s name as prescribed in A.R.S. § 16-579(E) before proceeding to the tabulating equipment. After signing the signature roster or electronic pollbook, the elector must proceed to the tabulating equipment and, while under the observation of an election official, remove the early ballot from the completed affidavit envelope, deposit the empty completed affidavit envelope in the secured and labeled drop box and insert the early ballot into a tabulating machine. An early ballot that has been separated from the elector’s completed affidavit envelope may not be removed from the on-site early ballot tabulation area. A.R.S. § 16-579; Laws 2022, Chapter 271.

Any qualified elector who lawfully brings to a polling place or voting center another elector’s voted early ballot that is sealed in its affidavit envelope must deposit the other elector’s voted early ballot in the appropriate ballot drop box before entering the on-site early ballot tabulation area for purposes of tabulating the elector’s own early ballot. State law requires the county recorder or other officer in charge of elections to ensure that a voter is not in possession of another voter’s ballot within the on-site early ballot tabulation area. A.R.S. § 16-579(G); Laws 2022, Chapter 271.

Every county recorder or other officer in charge of elections may provide for a qualified elector who appears at that elector’s designated polling location or at a voting center on election day with the elector’s voted early ballot to have the elector’s voted early ballot tabulated as prescribed in A.R.S. § 16–579.02.

Disabled or Hospitalized Voters

A special procedure has been established to accommodate qualified electors who are unable to go to the polls because of continuing illness or physical disability. Such a voter may make a verbal or written request for the clerk to have a ballot delivered by a special election board. Such requests must be made by 5:00 p.m. of the second Friday before the election, although the clerk is allowed to waive this time requirement for those who become ill or disabled after that date. The clerk must honor such requests, when possible, up to and including the last day before the election. As many such special election boards as are necessary may be appointed. A person who is a candidate for office other than precinct committeeman is not eligible to serve on the special election board. A.R.S. § 16-549.

Statutory arrangements have also been made for qualified electors hospitalized after 5:00 p.m. on the second Friday preceding the election but before 5:00 p.m. on Election Day. These individuals may request, from the city clerk, a special elections board to deliver a ballot to the elector’s place of confinement. If a special elections board can respond to the request, the ballot must be sealed in an envelope and processed as a provisional ballot. Additionally, the voter must provide the same identification as required on Election Day at the polling location and sign a statement under the penalty of perjury that the person is experiencing an emergency under timeframes that prevent the voter from voting at the polls on Election Day. This statement is not subject to public records law. A.R.S. § 16-549.

State law provides that the members of this special election board be reimbursed for travel expenses at a rate to be determined by the council and receive compensation in an amount determined by the council. A.R.S. § 16-549(B).

The manner and procedures for voting by individuals with disabilities and hospitalized electors must be the same as the procedures for early voters (except that A.R.S. § 16-541(A) requires “voting by the use of an accessible vote by U.S. mail option for persons who are blind or have a visual impairment). After marking the ballot in private so that the board cannot observe the voting process, the voter with disabilities will hand the ballot in the sealed envelope and completed affidavit to the special election board who must deliver the ballot to the clerk. A.R.S. §§ 16-548, 16-549(E); P.L. 98-435; 52 U.S.C. § 10301.

If a city or town council determines that a polling place is inaccessible to the elderly or individuals with disabilities, it must provide for alternative voting procedures as established by the Secretary of State. Such procedures are available from the Office of the Secretary of State and were developed in accordance with the Federal Voting Accessibility for the Elderly and Handicapped Act. A.R.S. § 16-581.

Rotation of Names

Candidate names are rotated on the ballot in accordance with the privileges and immunities provision of the State Constitution. If the number of candidates is equal to or less than the number to be elected, rotation of names is not required, and the names should be placed in alphabetical order. For ballot-by-mail elections (all mail ballot) where there are 2 or more precincts, candidate name rotation is required unless rotation is found to be impracticable in which case the name order is to be drawn by lot at a public meeting. If the county is administering your election and requests that the jurisdiction draw lots at a public meeting for the ballot order, the city or town may want to request that the county provide a statement in writing for why the candidate rotation is impracticable to meet the requirements under state law. Ariz. Const. art. II, § 13; A.R.S. § 16-464(D).

Optical Scan Balloting

Optical scan ballots must have material printed in the same order as for paper ballots, except that material may be printed in vertical or horizontal rows or on separate pages. Titles of offices must be arranged to clearly indicate the candidates for each office and the number to be elected. A.R.S. § 16-468.

Electronic Voting Systems

There are, of course, different procedures for ballot preparation if your city or town uses an electronic voting system. We suggest that both the city or town clerk and attorney review A.R.S. Title 16, chapter 4, articles 4 and 5, before proceeding with an election using vote tabulating equipment. You may also wish to review the State Elections Procedures Manual and the Help America Vote Act (HAVA) requirements. A city or town may adopt for use in its election any electronic voting system or vote tabulating device approved by the Secretary of State, which includes certification by Voting System Test Laboratory, the federal Election Assistance Commission, and the Secretary of State, based on a recommendation from the State Election Equipment Certification Committee. A.R.S. § 16-442.

Supplies

The requirements regarding ballot and supplies are outlined in Article 6 of Title 16 and State Elections Procedures Manual. It is the duty of the governing body of the city or town to pay for these items. Although there is no legal requirement for a U.S. flag to be flown at each polling place in a municipal election not conducted by the county, it is customary to display the flag while the polls are open. A.R.S. §§ 16-511, 16-512.

Electioneering: 75-Foot Limit

“Electioneering” occurs when an individual knowingly, intentionally, by verbal expression and to induce or compel another person to vote in a particular manner or to refrain from voting expresses support for or opposition to a candidate who is on the ballot at that election or a ballot question which appears on the ballot at that election. A voter is allowed to bring in materials, but electioneering materials cannot be displayed at the polls. A minor may accompany a voter into the polling place. A.R.S. § 16-515.

Each polling place must be provided with 3, 75-foot limit signs prepared with 2-inch letters reading “75-foot limit” followed by this notice:

“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 75-foot limit. A person violating any provision of this notice is guilty of a Class 2 misdemeanor.” A.R.S. § 16-515(B).

The purpose of this statutory provision is to prohibit any person other than voters and election officials from being within 75 feet of the polling place, to prevent interference with officials in the handling of voters and to prevent voter delay or intimidation. A person is prohibited from taking photographs or videos while within the 75-foot limit. No person, after the opening of the polls, is allowed within the 75-foot limit except for the purpose of voting, other than election officials and the challengers allowed by law. An election official or a challenger who is allowed within the 75-foot limit is prohibited from electioneering or from wearing, carrying, or displaying materials that identify or express support for or opposition to a candidate, political party or organization, a ballot question or any other political issue. A.R.S. §§ 16-1017, 16-1018.

State law does not prohibit a city or town from holding a special election in conjunction with a State primary or general election at the same time and at the same polling place. In other words, both city or town and county election officials may be present to conduct 2 different elections in the same polling place, without violating the 75-foot limit law. The Attorney General has concluded that handing out of campaign literature, placing signs, distributing advertising material, and obtaining of signatures on any form of petition within this area of the polls is prohibited. A.R.S. §§ 16-515, 16-1017; City of Phoenix v. Superior Ct. ex rel Maricopa Cty., 101 Ariz. 265 (1966); Ariz. Op. Atty Gen. No. 66-23 (1966).

State law also stipulates that it is unlawful for any person to electioneer within 75 feet of the polling place or an on-site early voting location.^122a ^122b In this regard, the Attorney General has concluded that radio or television broadcasts, the use of sound trucks heard within this area, the distribution of newspaper articles or ads, the delivery of handbills, and the placing of signs are prohibited.¹²³

Except in the case of an emergency, any facility that is used as a polling place on Election Day or that is used as an early voting site during the period of early voting must allow persons to electioneer and engage in other political activity outside of the 75-foot limit in public areas and parking lots used by voters. Temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters are not permitted.¹²⁴

There is an emergency exception to this requirement to allow electioneering outside the 75-foot limit, but it comes with reporting requirements and strict limitations.

Kids Voting

A minor voting¹²⁵ in a simulated election at a polling place is subject to the same 75-foot limit restrictions prescribed for a voter. Persons supervising or working in a simulated election in which minors vote may remain within the 75-foot limit of the polling place.

Liquor Establishments – Election Days

A question frequently asked by municipal officials is whether bars and package liquor stores may remain open on municipal election days. The answer is “Yes.”¹²⁶

Penal Provisions

Election workers and other city or town officials involved in the election process should be informed as to the penal provisions included in the election laws. The statutes make the following offenses matters of criminal action:

Corruption of electors.¹²⁷
Election wagers.¹²⁸
Coercion or intimidation of an elector.¹²⁹
Intimidation of an elector by the employer.¹³⁰
Changing the vote of an elector by a corrupt means or by inducement.¹³¹
Interference with or corruption of an election officer; interference with voting equipment; or knowingly impersonating any election official.¹³²
Willful neglect of duty by an election officer.¹³³
The refusal of an election officer to perform their duties.¹³⁴
Altering, defacing, or covering any political signs of a candidate or ballot measure between 45 days prior to a primary election and 15 days after a general election, (or 15 days after the primary election if the candidate fails to advance to the general election) except signs placed on private property or signs violating a State law or local ordinance.¹³⁵
Offering or receiving any compensation for a ballot.¹³⁶
Offering or providing any consideration to acquire a voted or unvoted early ballot; receiving or agreeing to receive any consideration in exchange for a voted or unvoted ballot; possessing a voted or unvoted ballot with the intent to sell the voted or unvoted ballot of another person; soliciting the collection of voted or unvoted ballots by misrepresenting itself as an election official or as an official ballot repository or found to be serving as a ballot drop off site, other than those established and staffed by election officials; collecting voted or unvoted ballots and not turning those ballots in to an election official, the United States postal service or other entity permitted by law to transmit ballots; engaging or participating in a pattern of ballot fraud (“pattern of ballot fraud” means the person has offered or provided any consideration to 3 or more persons to acquire the voted or unvoted ballot of a person); knowingly marking a voted or unvoted ballot or ballot envelope with the intent to fix an election for the person’s own benefit or for that of another person.¹³⁷
Knowingly collecting voted or unvoted early ballots from another person is a Class 6 Felony. The following individuals are deemed to have not “collected” an early ballot if the person is engaged in official duties: An election official (undefined); a U.S. postal service worker; or any other person who is allowed by law to transmit U.S. mail.^138a ^138b

Other individuals who are “collecting” ballots are exempt from the penalty due to their relationship with the voter. These individuals include a family member who is related to the voter by blood, marriage, adoption or legal guardianship; a household member who resides at the same residence as the voter; or a caregiver of the voter who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home.

An election held by a special taxing district formed pursuant to Title 48 for the purpose of protecting or providing services to agricultural lands or crops is also exempt from the ballot collection law.

State law does not provide enforcement authority to the clerks but if you suspect any violation of the law, contact your attorney to discuss the situation.

Disposition of the precinct register

The precinct register can now be prepared and used in electronic form. Disposition of the precinct register must be made by the city or town clerk in the following manner:

The precinct registers must be forwarded to the election board(s).
The register must be retained by the city or town clerk for verification purposes on Election Day and delivered by the clerk to the early election board.
The board of election itself will use the original precinct register, which is referred to as the signature roster, and may use remaining copies to process voters or may place them in a convenient place outside the polls for use by the electors.¹³⁹

If paper signature rosters are used, the signature roster must be bound with suitable covers and have on the outside front cover the title, “signature roster precinct, county, Arizona.” On the cover a certificate must be printed or typed which is to be signed by the inspector. The certificate is to read substantially as follows:

I, ___________________ , inspector of the board of election of _______ precinct, ________ county, Arizona hereby certify that the foregoing (excepting signatures in red) are true and correct signatures of all electors who voted in precinct _________________ on ___(date)__________.

________________________________

Inspector

If electronic pollbook systems are used for signature rosters, at least 2 electronic poll book systems must be provided for each polling place which are capable of printing poll lists, and lists of voters, and a separate affidavit must be supplied for the inspector’s signature that is in substantially the same format as prescribed for paper signature rosters.^{140a 140b} The electronic pollbook system must be secured in a manner to prevent unauthorized access.¹⁴¹

Ballot Boxes and Ballots

Each polling place must have at least one ballot box. Before receiving any ballots, the ballot box must be opened at the polling place to determine that the box is empty.

After the ballot boxes have been inspected, they must be closed and locked and remain in the polling place in the presence of bystanders until all ballots are counted and until the polls have closed.¹⁴² There is an exception to this prohibition in the case of an emergency that leaves a polling place unusable. If a locked ballot box must be moved from the polling place during Election Day because of an emergency, at least 2 members of the election board must accompany the locked ballot box to the new polling location. If 2 members are not available for the move, one election board member and a law enforcement officer can transfer the box. After the move, 2 other election board members must verify the arrival of the ballot box at the new location and that it was not opened or damaged. The board members who accompany the box and those who verify its safe arrival must file a report detailing the actions taken to deal with the emergency move of the ballot box. They must also indicate on the official documents containing their oath that they witnessed the transfer of the ballot box and that it remained locked.

If the ballot box becomes too full during Election Day, the election board can remove some of the ballots and place them in the case that will be used for transfer of the ballots to the counting location. If this is done, the inspector and judges must oversee the transfer and the number of removed ballots and sign a record of the count and place it in the transfer case. The list of procedures to address ballot box overflow are outlined in the State Elections Procedures Manual.¹⁴³

Final Preparations

The clerk should ensure that everything is in order the day before the election. This includes the physical arrangements: chairs, tables, voting booths and the necessary supplies for the election workers. Thorough preparation before the election should minimize the number of Election Day crises and facilitate the orderly voting of local citizens.

Opening of Polls

The polls are officially opened at 6:00 a.m. by proclamation. The proclamation must be made aloud by an election official and should be substantially as follows:

“The polls are now open.”¹⁴⁴

Upon entering the polls, there is a procedure which every elector must follow to obtain a ballot.

The elector must announce his or her name and place of residence in a clear and audible voice to the election official in charge of the signature roster. If for some reason the elector cannot speak, the elector may present the elector’s name and residence in writing to the official. At the same time, the voter must present one form of identification that bears the voter’s name, address and photograph; or 2 forms of identification that bear the name and address of the voter; or one form of acceptable photo identification with one form of non-photo identification that bears the name and address of the elector.
If the voter does not provide suitable identification, the voter is allowed to vote a conditional provisional ballot.
If the voter surrenders the early ballot to the precinct inspector and the voter is not otherwise required to be issued a provisional ballot, the voter must be issued a standard ballot after presenting valid identification.¹⁴⁵ The precinct inspector must retain the surrendered early ballot, unopened in its affidavit envelope.

The Secretary of State’s Elections Procedures Manual lists the following forms of acceptable identification but notes that county election officials may allow other forms of identification so long as the statutory requirements are met:¹⁴⁶

List 1 – Acceptable forms of identification with photograph, name, and address of the elector:

– Valid Arizona driver license

– Valid Arizona non-operating identification license

– Tribal enrollment card or other form of tribal identification

– Valid United States federal, state, or local government issued identification

– An identification is “valid” unless it can be determined on its face that it has expired

List 2 – Acceptable forms of identification without a photograph that bear the name and address of the elector (2 required in either paper or electronic format):

– Utility bill of the elector that is dated within 90 days of the date of the election. A utility bill may be for electric, gas, water, solid waste, sewer, telephone, cellular phone, or cable television

– Bank or credit union statement that is dated within 90 days of the date of the election

– Valid Arizona Vehicle Registration

– Indian census card

– Property tax statement of the elector’s residence

– Tribal enrollment card or other form of tribal identification

– Arizona vehicle insurance card

– Recorder’s Certificate

– Valid United States federal, state, or local government issued identification, including a voter registration card issued by the County Recorder

– Any mailing to the elector marked “Official Election Material”

– All items from List 2 may be presented to poll workers in electronic format including on a smart phone or tablet. An identification is “valid” unless it can be determined on its face that it has expired.

List 3 – Acceptable forms of identification, 1 identification with name and photo of the elector accompanied by 1 non-photo identification with name and address:

– Any valid photo identification from List 1 in which the address does not reasonably match the precinct register accompanied by a non-photo identification from List 2 in which the address does reasonably match the precinct register

– U.S. Passport without address and one valid item from List 2

– U.S. Military identification without address and one valid item from List 2

– An identification is “valid” unless it can be determined on its face that it has expired.

There are special identification requirements for Native American electors which appear in the State Elections Procedures Manual.¹⁴⁷

Once the elector has provided acceptable identification, the poll worker compares the information on the identification with the information the elector announced. If the names are the same, the poll worker compares the identification to the signature roster. If the information matches up, the elector is allowed to vote a regular ballot. If there are discrepancies or the voter fails to provide identification, the voter is allowed to vote a provisional ballot.

Both the residence address and the mailing address if different will be on the signature roster giving the poll workers the ability to use either address to determine if acceptable identification is provided.

If the elector does not provide identification as specified, the elector is issued a conditional provisional ballot. The provisional ballot envelope is marked to show that the elector did not provide identification. The poll worker notifies the elector that the person must provide identification to the election official before their ballot will be counted. The poll worker is to provide information to the voter on how and where the elector can provide the proof of identification which proof must be received by 5:00 p.m. on the fifth business day following a primary, general, or special election that includes an election for a federal office, or by 5:00 p.m. on the third business day following any other election.
If the elector’s name is found upon the precinct register showing that the elector is legally entitled to vote in the precinct, the election officer in charge of the signature roster will repeat the name of the voter and allow the elector to enter the voting area.¹⁴⁸
If a paper signature roster is used, the voter must sign his or her name on the signature roster. If by reason of physical disability, the elector cannot sign his or her name, an election judge or inspector may sign the roster for the elector. In this case, the name of the elector is written in red ink. For precincts in which an electronic poll book system is used, each qualified elector must sign the elector’s name as prescribed in the State Elections Procedures Manual before 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 is written with the inspector’s or judge’s attestation on the same signature line.¹⁴⁹
The clerk will then enter the elector’s name on the poll list. The voter’s names will be consecutively numbered by the clerk in the order of applications for ballots.
The judge must then give the unvoted ballot and a ballot privacy folder to the elector and the elector’s name is checked on the precinct register (the elector does not have to accept or use the ballot privacy folder).¹⁵⁰ Any registered voter may, at the voter’s option, be accompanied by a minor in the voting booth or be accompanied and assisted by a person of the voter’s own choice 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.¹⁵¹
After the person has voted, the voter must deposit the ballot in the ballot box. If the voter requests, the voter may hand the ballot to the election board official to deposit the ballot in the ballot box.¹⁵²
If an elector’s name is not on the precinct register, an election official must determine whether the person is on the county inactive voter list. If the elector is on the inactive voter list, the elector must be allowed to vote upon affirmation by the elector before an election official at the polling place that the elector continues to reside at the address indicated on the inactive voter list. The elector’s name is entered on a separate signature roster and numbered consecutively. If the elector indicates that the elector lives at a new residence within the county, the election official must direct the elector to the polling place for the new address or the elector may vote a provisional ballot. Following the election, the clerk should submit the names to the county recorder for placement back on the general register.^{153a 153b}
If a voter’s name is not on the precinct register or the county inactive voter list and the voter presents an appropriate certificate from the county recorder issued 29 days prior to the election, the voter must be allowed to vote. The name of the voter is entered at the end of the signature roster. The voter is given the next register number and is then requested to sign in the appropriate space on the signature roster.¹⁵⁴
If the voter’s name is not on the precinct register or the county inactive voter list, 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, the person must be allowed to vote a provisional ballot.¹⁵⁵
If the voter’s name is not on the precinct register or the county inactive voter list, and the voter has moved from the address listed on the voter’s registration to another address within the same county and fails to notify the county recorder of the change of address before the date of the election, the voter must be allowed to correct the voter registration records and has a right to vote a provisional ballot but must vote at the correct polling place for the voter’s current address in order for the vote to count. The voter must present a form of identification that includes the voter’s given name and surname and the voters complete residence address that is located within the precinct for the voter’s new residence address.^{156a 156b}

On completion of the ballot, the election official shall place the ballot in a provisional ballot envelope and deposit the envelope in the ballot box. Within 10 calendar days after a general election that includes an election for a federal office and within 5 business days after any other election, or no later than the time at which challenged early voting ballots are resolved, the signature must 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 early, the provisional ballot envelope must be opened and the ballot counted. If there is information showing the person did vote, the provisional ballot must remain unopened and must not be counted.¹⁵⁷

When a voter is allowed to vote a provisional ballot, the voter’s name is entered on a separate signature roster page. These electors’ names are numbered consecutively beginning with the number V-1. The elector must sign in the space provided. The ballot of such a voter must be placed in a separate envelope on the outside of which is written:

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.
Voter registration number of the elector (if available).

Before such ballots are counted, the clerk must verify the registration of the voter. Such verification must be made by the clerk within 5 business days following the election (10 calendar days if the election includes a federal office). The verified ballots are counted by depositing the ballot in the ballot box and showing on the records of the election that the elector has voted. If the registration is not verified the ballot must remain unopened and must be retained in the same manner as voted ballots.¹⁵⁸

Notice to Voters

The clerk must furnish in each voting booth a card or poster printed in large plain type instructions for the voting procedures of the ballot unless the information is printed on the sample ballot. The text for the card or poster must contain specific language required by statute.¹⁵⁹

Instructions to Voters

Where paper ballots are used, voting instructions will be provided on cards or posters placed in the booth. These instructions must clearly set forth the voting instructions.^{160a 160b}

Notice of Overriding Overvotes

If the voting equipment used for the election provides for the rejection of overvoted ballots or ballots that contain other irregularities, a written notice must be provided advising the voter that if the voter chooses to override the overvoted office or measure or override any other ballot irregularity, the voter’s vote for that office or measure will not be tallied. The notice must be posted on or near the voting equipment so that the voter has a clear view of the notice.¹⁶¹

Notice of Right to Vote a “Provisional Ballot”

The clerk must furnish each precinct at least 2 “Right to Vote a Provisional Ballot” notices that contain the information set forth in the State Elections Procedures Manual.¹⁶²

Provisional Ballot Counting Notification

Any person voting a provisional ballot must be notified by the election officer as to whether their ballot was counted or not and the reason if it was not counted.¹⁶³ Notification may be in the form of notice by mail, establishing a toll-free phone number, internet access or other similar method.

Challenge by Electors

Any qualified elector of the city or town may orally challenge any person attempting to vote.¹⁶⁴ Challengers may be persons who represent a candidate or the public. There are no specific provisions for challengers in non-partisan elections. Early ballots may also be challenged.¹⁶⁵

The grounds for challenging are as follows:¹⁶⁶

The voter is not the person whose name appears on the register.
Voter has not been a State resident for 29 days preceding the election (or the city or town).
Voter is not properly registered at a “permitted address”.¹⁶⁷
Voter has voted previously at that election.
Voter is not a qualified elector (e.g., the voter is not 18 years of age).

Once a challenge has been issued to the voter, the voter must take and subscribe to the oath in the affidavit of registration if the voter appears to be registered; and the voter may, at the voter’s option, be sworn and questioned by the election inspector.¹⁶⁸ Any returned U.S. mail addressed to the person challenged, the spouse of the person challenged or both, and to the address appearing on the precinct register or affidavit will be considered as sufficient grounds for a challenge.¹⁶⁹ After examination, if a majority of the election board is satisfied that the challenge is invalid, the elector may vote their ballot. If the person challenged refuses to be sworn or refuses to answer questions material to the challenge or if a majority of the election board finds the challenge to be valid, the person must be permitted to vote a provisional ballot.¹⁷⁰

Challenging Early Ballots

An early ballot may be challenged for the same reasons listed under challenging of voters in this Manual. All challenges must be made in writing with a brief statement of the grounds.¹⁷¹ The procedures for such challenges are written for partisan elections. For those with consolidated elections, this should not be an issue because if there is a challenge it will be to the entire early ballot; for those with stand-alone nonpartisan elections, your attorney should be consulted on whether the challenge procedures apply and if so, how they should be applied.

If an early ballot is challenged, it will be set aside and retained in the possession of the early election board or other officer in charge of early ballot processing. Within 24 hours of receipt of a challenge, the early election board or other officer in charge of early ballot processing must 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 early ballot or, if none was provided, to the mailing address shown on the registration rolls. Notice must also be mailed to the challenger at the address listed on the written challenge. For partisan elections, the notice must be provided to the chair of the political parties included on the ballot.

The board must meet to determine the challenge at the time specified by the notice but, in any event, not earlier than 96 hours after the notice is mailed, or 48 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 must 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 must 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 section if the written challenge fails to set forth at least one of the grounds listed under challenging of voters in this Manual as a basis for the challenge. In that event, the challenge will be summarily rejected at the meeting of the board.

If the voter does not appear, the board must send the voter a notice stating whether the early ballot was disallowed and, if disallowed, providing the grounds for the determination. The notice must be mailed first class to the voter’s mailing address as shown on the registration rolls within 3 days after the board’s determination.

The election board must 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 should be kept by the officer in charge of early ballot processing as a public record. Affidavits of challenged voters, decisions of election officials and challenge lists must be a part of the official returns and must be delivered to the city or town council.¹⁷²

Poll List

If the jurisdiction uses paper signature rosters, at least one election board clerk is required to keep a separate poll list in duplicate. This poll list is in addition to the signature roster and is a sequential record of those persons voting. The name of the person voting and the register number (order in which the person voted) will be recorded on the poll list. Poll lists are written on one side only, and all copies must be legible triplicate copies. The form of this poll list is specified in statute.¹⁷³

Closing of Polls – Notice

All polls must be closed promptly at 7:00 p.m. It is the duty of the election official to proclaim the closing of the polls at one hour, at 30 minutes, at 15 minutes and at 1 minute prior to closing. It is recommended that the same time keeping device be used throughout the day to maintain consistency. The inspector and 2 judges determine the exact moment of closing. All persons who are in the line of waiting voters at the time of closing must be permitted to vote.¹⁷⁴

Counting of Ballots

State law specifies that the counting of early ballots cannot begin until the Secretary of State confirms that the election equipment passed logic and accuracy testing. Statute also prohibits the release of early voting results until all precincts have reported or one hour after the polls close, whichever occurs first.

The public has a right to observe the counting of ballots and up to 3 additional people representing candidates for nonpartisan office or representing a political action committee in support of or in opposition to a ballot measure may be present in the counting center. To determine who gets to fill these slots, those candidates or groups interested submit their names no later than 17 days before the election and the 3 groups that get to observe are determined by the clerk drawing lots not less than 14 days prior to the election.¹⁷⁵ If your city or town contracts with the county for the counting of your ballots at a central location, this process will be performed by the county.

For any primary or general election in which the votes are cast on an electronic voting machine or tabulator, the election judge must compare the number of votes cast as indicated on the machine or tabulator with the number of votes cast as indicated on the poll list and the number of provisional ballots cast. This information is to be noted in a written report prepared and submitted to the clerk along with other tally reports.¹⁷⁶

Ballots which are spoiled must be marked “spoiled” on the backs thereof by the inspector and one judge.¹⁷⁷ If a question arises as to the legality of a ballot, in whole or in part, and the election board decides it is legal, the majority of the board must sign the back of the ballot after a concise statement of the facts leading to the objection is placed on the back of the ballot.¹⁷⁸

Due to the large number of early ballots cast in most elections and the provisional ballots cast at the polls, final election results will not be available until several days after Election Day. You may wish to inform your candidates of this fact well in advance of the election. In addition, on election night you should make sure that the press understands that election night results are not final and that after all the ballots are counted results could be substantially different.

Determining Majority of Votes Cast

Default Procedure

Notwithstanding any other law or charter provision, a city or town may by ordinance provide that at the primary election any candidate for the office of mayor or city council who receives a majority of all votes cast at that election for that office is declared elected to the office for which the person is a candidate (effective as of the date of the general election). The majority of votes cast is determined by:

Adding the total number of votes cast at the primary for all the candidates for the office of councilmember at large. If your mayor is directly elected, you will need to calculate the office of mayor separately from the office of a councilmember at large – see example below. If you have district elections, you will calculate each district separately.
Dividing that sum by the total number of seats to be filled for that office. Again, if you have a directly elected mayor and the seat is on the ballot, you will calculate the office of mayor separately from the office of councilmember. If you have district elections, you will calculate each district separately.
Divide the amount by 2.
Round the number to the highest whole number. This whole number is the “majority of votes cast.”

Here is an example of the calculations for council candidates voted at large:

Votes cast for Candidate 1	Votes cast for Candidate 2	Votes cast for Candidate 3	Votes cast for Candidate 4	Votes cast for Candidate 5	Votes cast for Candidate 6	Total votes cast for councilmembers at large
100	250	150	400	100	200	1200

Total votes cast for councilmembers at large (1200) divided by the number of open councilmember seats to be filled (3 open seats) = 400
400 divided by 2 = 200
200 rounded to the highest number = 200
Conclusion: Candidate 2, Candidate 4, and Candidate 6 have votes equal to or greater than 200. They each win a seat. As a result, no general election is needed.

Regulating political signs

There are two types of complaints that your municipality may receive related to a political sign: (1) a complaint about the placement of a political sign (e.g., location, size, contact information), which is governed by A.R.S. § 16-1019; or (2) a complaint about an alleged campaign finance violation, which is governed by A.R.S. § 16-925 and A.R.S. § 16-938.[1] For this reason, the League suggests using a complaint form that distinguishes between these two types.

It is also important to note that the proposed 2025 SOS Elections Procedure Manual provides the following: “If a city or town has adopted a sign-free ordinance that includes voting locations, counties should consult with those jurisdictions for managing expectations for signs on municipal property outside of the 75-foot zone and address electioneering and sign placement in polling place agreements.”

A.R.S. § 16-1019 governs the enforcement procedures related to the placement of temporary political signs placed in a city or town right of way.[2] Under this statute, there are two different types of violations related to the placement of political signs:

Under the first type of violation under A.R.S. § 16-1019, it a class 2 misdemeanor for any person to knowingly remove, alter, deface or cover any political sign of any candidate for public office or in support of or opposition to any ballot measure, question or issue – or to knowingly remove, alter or deface any political mailers, handouts, flyers or other printed materials of a candidate or in support of or opposition to any ballot measure, question or issue that are delivered by hand to a residence for the period commencing 45 days before a primary election and ending 15 days after the general election (except that for a sign for a candidate in a primary election who does not advance to the general election, the period ends 15 days after the primary election).[3]

Under the second type of violation under A.R.S. § 16-1019, city or town cannot remove a political sign during a specified period of time.[4] Starting 71 days before the primary election[5] and ending 15 days after the general election (or ending 15 days after the primary election for a candidate who failed to advance to the general election), a city or town cannot remove, alter, deface or cover any political sign[6] if all of the following conditions are met:

The sign is placed in a public right-of-way that is owned or controlled by that jurisdiction.
The sign supports or opposes a candidate for public office, or it supports or opposes a ballot measure.
The sign is not placed in a location that is hazardous to public safety, obstructs clear vision in the area or interferes with the requirements of the Americans with Disabilities Act (42 U.S.C. sections 12101 through 12213 and 47 U.S.C. sections 225 and 611). If the city or town deems that the placement of a political sign constitutes an emergency, the city or town may immediately relocate the sign. The city or town must notify the candidate or campaign committee that placed the sign within 24 hours after the relocation.
The sign does not exceed the maximum allowable area of 32 square feet (or the maximum allowable area of 16 square feet if the sign is in an area zoned for residential use).
The sign contains the name and telephone number, or website address of the candidate or campaign committee contact person.

If a sign does not meet the statutory criteria listed above and the placement is not deemed to constitute an emergency, the city or town may notify the candidate or campaign committee of the violation. If the sign remains in violation 24 hours after this notification, the city, town or county may remove the sign. The city or town must notify the candidate or campaign committee of the removal and retain the sign for at least 10 business days to allow the candidate or campaign committee to retrieve the sign without penalty.

A city or town can prohibit the installation of a sign on any structure owned by the jurisdiction.

This type of violation does not apply to commercial tourism, commercial resort and hotel sign free zones as those zones are designated by municipalities.[7] The total area of those zones cannot exceed 3 square miles, and each zone must be identified as a specific contiguous area where, by resolution of the municipal governing body, the municipality has determined that based on a predominance of commercial tourism, resort and hotel uses within the zone the placement of political signs within the rights-of-way in the zone will detract from the scenic and aesthetic appeal of the area within the zone and deter its appeal to tourists. Not more than 2 zones may be identified within a municipality.[8]

State highways or routes, or overpasses over those state highways or routes, are not included in the areas where signs are allowed.

Local sign regulations may also apply. Placement of political signs on private property must follow local sign regulations, if any.

Important Note: On June 18, 2015, in Reed v. Gilbert,[9] the U.S. Supreme Court invalidated a Town of Gilbert ordinance that treated certain types of temporary signs differently based on their content. The ordinance imposed greater restrictions on “Temporary Directional Signs Related to a Qualifying Event” than on “Ideological Signs” or “Political Signs.” Due to the impact of the Court’s decision on sign codes around the nation, please discuss sign enforcement with your attorney prior to election season to ensure compliance with A.R.S § 16-1019 and any local code requirement.

A.R.S. § 16-925 regulates campaign finance violations for failing to include the required advertising and disclosure statement on the political sign, which is subject to investigation and enforcement pursuant to A.R.S. § 16-938.[1]

A city, town or county employee acting within the scope of the employee’s employment is not liable for an injury caused by the failure to remove a sign unless the employee intended to cause injury or was grossly negligent.

[1] This is different than violations under A.R.S. § 16-1019, which governs the placement of temporary political signs placed in a city or town right of way.

RESTRICTIONS ON THE USE OF PUBLIC RESOURCES AND PRIVATE MONIES FOR ELECTIONS

Illegal Use of City Funds

The Legislature has specifically prohibited cities and towns from using public resources “for the purpose of influencing the outcome of elections.”[1] “Public resources” includes the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the city or town.[2] The Attorney General has opined that “anything of value” can also include an employee’s time during normal work hours.[3] “Influencing the outcomes of elections” means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.[4]

The prohibition on the use of public resources to influence the outcome of bond, budget override, and other tax-related elections does not include routine city or town communications (messages or advertisements that are germane to the everyday functions of the city or town and that maintain the frequency, scope, and distribution consistent with past practices or are necessary for public safety).[5] The prohibition also does not include “informational pamphlets on a proposed bond election as provided in A.R.S. § 35-454 if those informational pamphlets present factual information in a neutral manner.”[6] The prohibition also does not include reports of official actions by the governing body.[7] The Attorney General has also concluded that elected officials may use their official titles in letters or political advertisements so long as no public monies are used to fund such communications.[8] Whether the prohibitions extend to educational or factual materials that do not expressly advocate for or against a measure requires analysis of the specific materials and the circumstances relating to their distribution to determine whether the materials are “for the purpose of influencing the outcome of election.”[9]

City and town resources, including facilities and equipment, can be used for government-sponsored forums or debates if the city or town remains impartial, the events are purely informational, and the city or town provides an equal opportunity to all viewpoints.[10] “Government-sponsored forum or debate” is defined as any event, or part of an event or meeting, in which the city or town is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters. [11]

The rental and use of a public facility by a private person or private entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.[12]

Moreover, employees of a city or town cannot use the authority of their positions to influence the vote or political activities of any subordinate employee.[13]

It is critical that you discuss these prohibitions with your attorneys. Violations of these prohibitions are prosecuted by the county attorney or the Attorney General, and the court may impose a civil penalty not to exceed $5,000, plus any amount of misused funds subtracted from the city or town budget against a person who knowingly violated or aided another person in violating this law.[14] If an employee or official is found in violation of these prohibitions, that employee or official is personally responsible for paying all penalties and misused funds. [15] State law also prohibits the use of a municipality’s funds or insurance to pay for these penalties or misused funds.[16]

Prohibition on Using Private Monies for Elections

Notwithstanding any other law, a city or town cannot receive or expend private monies for preparing, administering, or conducting an election (including registering voters).[17]

CHAPTER 5 – FOOTNOTES

A.R.S. § 16-205(A). This statute was amended in 2022 by S.B. 1460 (from 180 days to 210 days).
All cities and towns must use county registration lists. A.R.S. §§ 9-823, 16-172. Cities and towns must negotiate this agreement with the county recorder for county registration lists at least 60 days in advance of the local election. A.R.S. § 16-120.
A “call of election” 180 days before the election is only required for “nonpartisan elections and elections held by . . . a city or a town that are not held concurrently with a general election”; however, “nonpartisan elections” is defined as “an election that is held by a special district established pursuant to title 48 and that is not held concurrently with the general election.” A.R.S. § 16-226 (emphasis added).
A.R.S. § 16-205(A) (amended in 2022 by S.B. 1460, from 150 days to 180 days). This requirement does not apply to recall elections. A.R.S. § 16-226(A).
A.R.S. § 16-205(A) (amended in 2022 by S.B. 1460, from 150 days to 180 days); see also State Elections Procedures Manual, Ch. 8 Pre-Election Procedures, IV Issuing Pre-Election Notices, (C) Special Taxing District/Nonpartisan Election Notices.
It is also recommended that candidate packets be available at least 6 months prior to the beginning of the filing period.
The information required in the “call of election” is described in A.R.S. § 16-205(A).
Please note these documents do not necessarily need a title like “contract” or “agreement” to be legally binding. For example, Maricopa County has titled its contract for elections services “Menu of Service” in the past.
Notice should be provided to the county recorder or county officer in charge of elections unless otherwise required by the county.
“Polling places” (where voters in a particular precinct are required to vote at a polling place specifically designated for that precinct) is distinguished from a “vote center” (where voters are permitted to vote at any vote center within the county, regardless of which precinct the voter lives in). See State Elections Procedures Manual, Ch. 8 Pre-Election Procedures, I. Establishing Precincts and Voting Locations, (B) Establishing Voting Locations.
All public schools are required to provide cities and towns with sufficient space for use as a polling place when requested by local clerks unless the space is not available, or the safety or welfare of the children would be jeopardized. A.R.S. § 16-411(E).
A.R.S. § 16-411(B).
A.R.S. § 16-411(H).
See A.R.S. § 16-411(H). Discuss with your city or town attorney.
A.R.S. § 16-411(H).
A.R.S. § 16-411(H).
“Polling places” are where voters in a particular precinct are required to vote at a polling place specifically designated for that precinct, which is distinguished from a “vote center” where voters are permitted to vote at any vote center within the county, regardless of which precinct the voter lives in. See State Elections Procedures Manual, Ch. 8 Pre-Election Procedures, I. Establishing Precincts and Voting Locations, (B) Establishing Voting Locations.
A.R.S. § 16-535(B).
A.R.S. § 16-621(E).
In addition to other obligations, the county (or the city if it is administering the election) will also be responsible for ensuring the security of electronic (see A.R.S. § 16-625) and that any port, plug, door, or other method of physical or electronic access to a voting machine or electronic pollbook is secured in a manner to prevent any unauthorized access to a voting machine or electronic pollbook (see A.R.S. § 16-570(B)).
A.R.S. § 9-825.
A.R.S. § 16-531.
A.R.S. § 16-532.
A.R.S. § 16-533.
A.R.S. § 16-536.
A.R.S. § 16-531(G).
A.R.S. § 9-246.
A.R.S. § 16-461(A).
A.R.S. § 16-461(E).
A.R.S. § 16-545(B).
A.R.S. § 16-461(D) – (G).
A.R.S. § 16-574.
A.R.S. § 16-545(B).
A.R.S. § 16-508.
A.R.S. § 16-509.
A.R.S. § 16-1002.
A.R.S. § 16-464.
A.R.S. § 16-502 (providing the form of the ballot).
A.R.S. § 16-502(B), (I).
A.R.S. § 16-400, including voting by the use of an accessible vote by U.S. mail option for persons who are blind or have a visual impairment.
A.R.S. § 16-400, including voting by the use of an accessible vote by U.S. mail option for persons who are blind or have a visual impairment.
A.R.S. § 16-545(B).
A.R.S. § 16-541(A) (amended in 2022 by S.B. 1638, requiring “voting by the use of an accessible vote by U.S. mail option for persons who are blind or have a visual impairment).
A.R.S. § 16-542(A).
A.R.S. § 16-135.
A.R.S. § 16-542(C).
A.R.S. § 16-543.
A.R.S. § 16-542(E).
A.R.S. § 16-542(D).
A.R.S. § 16-542(H). An emergency is any unforeseen circumstance which would prevent the elector from voting at the polls.
A.R.S. § 16-542(H).
A.R.S. §§ 41-166; 16-153(G).
A.R.S. § 16-153(G); 16-542(B).
A.R.S. § 16-543.
A.R.S. § 16-543(A).
A.R.S. § 16-542(D).
A.R.S. §§ 16-548; 16-579.
A.R.S. § 16-542(L).
A.R.S. § 16-542(L).
A.R.S. § 16-1016 (this Class 6 felony was added in 2022 by S.B. 1260).
A.R.S. § 16-544(P) (added in 2022 by S.B. 1260).
A.R.S. § 16-544(P) (added in 2022 by S.B. 1260).
A.R.S. § 16-544(Q) (added in 2022 by S.B. 1260).
A.R.S. § 16-542(A). The voter must select an option, and there is no statutory requirement that the voter will receive an early ballot if a selection is not made. The voter may still vote at an early voting site or on election day if no ballot choice is selected.
A.R.S. § 16-547(D).
A.R.S. § 16-547(C).
A.R.S. § 16-545(A).
A.R.S. §§ 16-545(B)(2), 16-547 (A).
A.R.S. § 16-542(C), (D).
A.R.S. § 16-547(D).
A.R.S. § 16-551(C).
A.R.S. § 16-551 (this requirement was added in 2022 by S.B. 1329).
A.R.S. § 16-544(L), (M).
A.R.S. § 16-544(A).
A.R.S. § 16-544(B).
A.R.S. § 16-544(D).
A.R.S. § 16-544(N).
A.R.S. § 16-542(K).
A.R.S. § 16-542(J), (K).
A.R.S. § 16-544(F).
A.R.S. § 16-544(H).
A.R.S. § 16-544(P).
A.R.S. § 16-544(K)-(M).
A.R.S. § 16-542(J).
A.R.S. § 16-542(K).
A.R.S. § 16-542(K).
See State Elections Procedures Manual, Ch. 2 Early Voting – Ballot-By-Mail, I. Ballot Drop-Off Locations and Drop Boxes.
A.R.S. § 16-550(A).
Secretary of State Elections Procedures Manual, Chapter 2: Early Voting, VI. Processing and Tabulating Early Ballots.
A.R.S. § 16-552(A).
A.R.S. § 16-570.01(A) (added in 2022 by S.B. 1362).
See A.R.S. § 16-579(A)(1) (regarding valid forms of identification).
See A.R.S. § 16-579.02 (added in 2022 by S.B. 1362).
A.R.S. § 16-579(C) (the requirement was added in 2022 by S.B. 1362).
A.R.S. § 16-579(D) (the requirement was added in 2022 by S.B. 1362).
The drop box must be clearly labeled to indicate that the completed affidavits are from ballots tabulated pursuant to this section and must be secured in a manner substantially similar to other ballot boxes at that location. A.R.S. § 16-579(F) (the requirement was added in 2022 by S.B. 1362).
A.R.S. § 16-579(E) (the requirement was added in 2022 by S.B. 1362).
A.R.S. § 16-579(G) (the requirement was added in 2022 by S.B. 1362).
A.R.S. § 16-579(G) (the requirement was added in 2022 by S.B. 1362).
A.R.S. § 16-549.
A.R.S. § 16-549(D).
A.R.S. § 16-549(A).
A.R.S. § 16-549.
A.R.S. § 16-549(D).
A.R.S. § 16-549(B).
A.R.S. §§ 16-548 and 16-549(E); P.L. 98-435; 52 U.S.C. Sec. 10301, Voting and Elections.
A.R.S. § 16-581.
Ariz. Const. art. II, § 13.
A.R.S. § 16-464(D).
A.R.S. § 16-468.
A.R.S. § 16-442(A), (B), and (E); see also State Elections Procedures Manual, Ch. 4: Voting Equipment, I. Voting Equipment Certification.
State Elections Procedures Manual, Ch. 8 Pre-Election Procedures, VIII. Preparation of Voting Supplies, A. Materials to be Distributed to Voting Locations.
See A.R.S. § 16-511 regarding the obligation to furnish and pay for the ballots and supplies.
A.R.S. § 16-512.
A.R.S. § 16-515.
A.R.S. § 16-515.
A.R.S. § 16-515(B).
A.R.S. §§ 16-1017, 16-1018.
A.R.S. § 16-515.
City of Phoenix v. Superior Ct. ex rel Maricopa Cty., 101 Ariz. 265 (1966).
A.R.S. § 16-1017; Political Activities on Election Day, Ariz. Op. Atty. Gen. No. 64-32-L (1964).
A.R.S. § 16-1018; Placement of Political Signs near Polls, Ariz. Op. Atty. Gen. No. 66-23 (1966).
Political Activities on Election Day, Ariz. Op. Atty. Gen. No. 64-32-L (1964).
A.R.S. § 16-411(H).
A.R.S. § 16-515(C).
The state law provision prohibiting sales of liquor on election days was repealed in 1993. See 1993 Ariz. Sess. Laws Ch. 133, § 42. The law previously did not apply to municipal elections only to certain statewide elections.
A.R.S. § 16-1014.
A.R.S. § 16-1015.
A.R.S. § 16-1013.
A.R.S. § 16-1012.
A.R.S. § 16-1006.
A.R.S. § 16-1004.
A.R.S. § 16-1009.
A.R.S. § 16-1010.
A.R.S. § 16-1019.
A.R.S. § 16-547(D).
A.R.S. § 16-1005.
A.R.S. § 16-1005(H), (I). See also Brnovich v. Democratic Nat’l Comm., 141 S. Ct. 2321, 2348 (2021) (holding that the ballot collection statute does not violate § 2 of the Voting Rights Act).
A.R.S. § 16-169(A).
A.R.S. §§ 16-169, 16-511.
A.R.S. 16-570(B).
A.R.S. § 16-564.
State Elections Procedures Manual, Ch. 8 Pre-Election Procedures, IX. Implementing a Wait Time Reduction Plan, G. Ballot Box Overflow Procedures.
A.R.S. § 16-565.
A.R.S. § 16-579(A) (this requirement regarding the surrender of a ballot was added in 2022 by S.B. 1460).
A.R.S. § 16-579(A).
State Elections Procedures Manual, Ch. 9 Conduct of Elections/Election Day Operations, IV. Checking Voter ID, B. ID Requirements for Native American Voters.
A.R.S. § 16-579(A).
A.R.S. § 16-579(D), (E).
A.R.S. § 16-579(C).
A.R.S. § 16-580(E).
A.R.S. § 16-580(C).
A.R.S. §§ 16-135, 16-583.
A.R.S. § 16-584(A).
A.R.S. § 16-584(B).
A.R.S. §§ 16-135 (A) – (D), 16-584(C).
A.R.S. § 16-584(D).
A.R.S. § 16-584(E).
A.R.S. § 16-514. See also State Elections Procedures Manual, Ch. 9: Conduct of Elections/Election Day Operations, I. Setting up the Voting Location, A. Notices to be Posted at the Voting Location, 3. Notice to Voters.
A.R.S. §§ 16-513, 16-563.
A.R.S. § 16-513(B).
A.R.S. § 16-513.01. See also State Elections Procedures Manual, Ch. 9: Conduct of Elections/Election Day Operations, I. Setting up the Voting Location, A. Notices to be Posted at the Voting Location, 2. Right to Vote a Provisional Ballot.
A.R.S. § 16-584(F).
A.R.S. § 16-591.
A.R.S. § 16-552.
A.R.S. § 16-591.
A.R.S. § 16-121.
See State Elections Procedures Manual, Ch. 9 Conduct of Elections/Election Day Operations, VII. Challenges to a Voter Eligibility to Vote.
A.R.S. § 16-592 (A).
A.R.S. § 16-592 (B), (C).
A.R.S. § 16-552.
A.R.S. § 16-594.
A.R.S. § 16-516.
A.R.S. § 16-565.
A.R.S. § 16-621(A).
A.R.S. § 16-602.
A.R.S. § 16-585 (providing the method of disposing of spoiled ballots).
A.R.S. § 16-609.
A.R.S. § 9-821.01(E).
A.R.S. §§ 9-821.01(F), 16-322.
A.R.S. § 9-821.01(G).
Ariz. Const., art. II, § 13; see also Kautenburger v. Jackson, 85 Ariz. 128 (Ariz. 1958) (making the rotation of names provision applicable to voting machines).
A.R.S. § 16-464.
Tellez v. Superior Ct. ex rel Pima Cty., 104 Ariz. 169 (1969); Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (Oct. 19, 1987).
A.R.S. § 16-312.
A.R.S. § 16-645(A).
A.R.S. § 16-400 (providing the definition of a mark); see also A.R.S. § 16-502 (providing ballot marking instructions).
A.R.S. § 16-642.
A.R.S. § 16-646.
A.R.S. § 16-649.
A.R.S. §§ 9-821,16-645.
A.R.S. § 9-821.01(D).
A.R.S. § 16-645(D), (E).
A.R.S. § 9-232.
Hendrix v. Town of Gilbert, et al., CV 2020-009892 (Maricopa Cnty. Sup. Ct., Sept. 11, 2020) appeal denied (holding that a candidate who won at the primary election to fill the remainder of a 2-year term because of a vacancy must be seated on the general election date and not the January date specified in the town code establishing council member terms) (appeal denied Oct. 4, 2020).
A.R.S. § 16-536.
42 U.S.C. § 410(a)(7)(F)(iv).
A.R.S. § 16-661(A) (as amended in 2022 by S.B. 1008). This requirement does not apply to 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. A.R.S. § 16-661(B).
A.R.S. § 16-661.
A.R.S. § 16-624. See also retention requirements from the State Library, Archives & Public Records Division.
Kerby v. Griffin, 48 Ariz. 434, 444 (1936); see also Memo. from J. LaMar Shelley, Gen. Couns., League of Ariz. Cities & Towns (May 8, 1975).
A.R.S. § 16-672. Moore v. City of Page. 148 Ariz. 151 (Ariz. Ct. App. 1986).
Grounds v. Lawe, 67 Ariz. 176 (1948).
Huggins v. Superior Court In & For County of Navajo, 163 Ariz. 348 (1990); see also Clay v. Town of Gilbert, 160 Ariz. 335 (App. 1989).
Millet v. Bd. of Sup’rs of Maricopa County, 6 Ariz. App. 16 (1967), abrogated by Huggins v. Superior Court In & For County of Navajo, 163 Ariz. 348 (1990).
Harless v. Lockwood, 85 Ariz. 97 (1958); see also Griffin v. Buzard, 86 Ariz. 174 (1959).
Fish v. Redeker, 2 Ariz. App. 602 (1966).
Schahrer v. Bell, 34 Ariz. 334 (1928).
A.R.S. § 16-673 (A).
Kitt v. Holbert, 30 Ariz. 397, 248 P. 25 (1926).
A.R.S. § 16-673.
A.R.S. § 16-675 (A).
A.R.S. § 16-675 (A).
A.R.S. § 16-676 (A).
A.R.S. § 16-677.
Findley v. Sorenson, 35 Ariz. 265, 276 P. 843 (1929).
A.R.S. § 16-676 (B), (C).
Hunt v. Campbell, 19 Ariz. 254, 169 P. 596 (1917).
A.R.S. § 16-409. See Sample Reports: City of Peoria (2005); City of Winslow (2008).
A.R.S. § 16-1019; See also Whether A.R.S. § 16-1019 Requires an Amendment, Ariz. Op. Atty. Gen. No. I15-011 (2015).
A.R.S. § 16-201; Response to Representative Kelly Townsend re Definition of Primary Election, Ariz. Informal Op. Atty. Gen. No. I16-006 / R16-014 (2016). (finding that “primary election” is deemed to be the actual date of the primary and does not begin when early ballots are mailed for the primary election).
A.R.S § 16-1019 (C), (D), (G), and (H).
A.R.S. §16-201; Response to Representative Kelly Townsend re Definition of Primary Election, Ariz. Informal Op. Atty. Gen. No. I16-006 / R16-014 (2016). (finding that “primary election” is deemed to be the actual date of the primary and does not begin when early ballots are mailed for the primary election).
“Political sign” (for purposes of the condominium and planned community statutes, political sign is defined in A.R.S. §§ 33-1261(K) and 33-1808(M)).
A.R.S. § 16-1019.
Reed v. Town of Gilbert, Ariz., 576 U.S. 155 (2015).