House Engrossed

 

election lawsuits; settlements; approvals

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

HOUSE BILL 2302

 

 

 

AN ACT

 

amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding section 16-410.01; relating to elections.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 16-410.01, to read:

START_STATUTE16-410.01. Election litigation; settlements; approval

A. If a proposed settlement of an election-related civil action by the secretary of state materially affects a county recorder or other officer in charge of elections, The secretary of state may not settle or otherwise compromise that civil action without consulting the county recorders or other officers in charge of elections of this state.  A county recorder or other officer in charge of elections may object to the settlement based on the DIFFICULTY or IMPRACTICABILITY of the requirements of the settlement and may demonstrate or otherwise provide evidence regarding that difficulty or impracticability with respect to the county recorder or other officer in charge of elections.  If the evidence provided by the county recorder or other officer in charge of elections is sufficient, the secretary of state's settlement may not be approved without the consent of the county recorder or other officer in charge of elections.

B. A county recorder or other officer in charge of elections may join in any civil action prescribed by subsection a of this section. END_STATUTE