Assigned
to GOV AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
election contests; invalidated election; sanctions
Purpose
Requires a court, if an election contest determines that a contested ballot measure or a person initially declared elected to office at a general election did not receive the highest number of votes, to order that portion of the election to be repeated within 90 days.
Background
Any elector may contest the election of a person that is declared elected to state office, a person that is declared nominated to state office at a primary election or the declared result of an initiative or referred measure on the grounds that: 1) there was misconduct on the part of election boards or officers taking part in the canvass; 2) the elected person was not eligible for the office at the time of election; 3) a bribe or reward was offered for the purpose of procuring election or another offense against the elective franchise occurred; 4) there were illegal votes; or 5) there was an erroneous count of votes. The contest may be brought in the superior court of the applicable county or in Maricopa County Superior Court (A.R.S. § 16-672). If it appears in an election contest that a person other than the contestee has the highest number of legal votes, the court must declare that person elected (A.R.S. § 16-676).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a court, if determined in an election contest that a contested ballot measure or a person initially declared elected to office at a general election did not receive the highest number of votes, to order that portion of the election to be repeated.
2. Requires the new election to be conducted within 90 days of the court's order and conform as nearly as practicable to applicable election laws.
3. Deems a person determined by a court to be criminally responsible for misconduct, fraud or illegal votes liable for the costs of the court-ordered second election.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Applies requirements related to a court-ordered second election as the result of an election contest to only candidates and ballot measures at a general election.
2. Requires a person to be determined criminally responsible for misconduct, fraud or illegal votes to be liable for the costs of a court-ordered second election.
3. Removes the class 2 misdemeanor classification for a person determined by a court to be responsible for misconduct, fraud or illegal votes and liable for the costs of a court-ordered second election.
Senate Action
GOV 2/14/22 DP 4-3-0
Prepared by Senate Research
March 14, 2022
MH/slp