Assigned to ELEC                                                                                                                   FOR COMMITTEE

 


 

 

 

ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2319

 

elections; rule of construction

Purpose

States that the Legislature finds that public confidence in elections is best maintained by maximizing transparency and providing a rule of construction for interpreting statute as it relates to the conduct of elections.

Background

The general rules of construction for Arizona laws require liberal interpretation of the object of the law unless the intent of the Legislature is inconsistent with the construction (A.R.S. § 1-211). Statute outlines the requirements relating to the conduct of elections, including the:
1) registration of electors; 2) conduct of elections; and 3) campaign financing (A.R.S. Title 16). The Secretary of State creates an instructions and procedures manual (EPM) to achieve and maintain the maximum degree of correctness, impartiality, uniformity and efficiency of the procedures for early voting and voting, and of producing, distributing, collecting, counting, tabulating and storing ballots (A.R.S. § 16-452). The EPM outlines requirements and procedures relating to elections, including: 1) the registration of electors; 2) voting equipment; 3) ballot tabulation; and 4) pre-election day and post-election day procedures (EPM).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Declares the Legislature's intent that:

a)   the Legislature finds that public confidence in elections is best maintained by maximizing transparency and providing a rule of construction for interpreting statute relating to elections, including the EPM;

b)   the purpose of the statute relating to elections is to provide the people of the state with a transparent system for conducting elections therefore, competing interpretations of statute relating to the conduct of elections must not be given equal weight; and

c)   rather, if there are two competing interpretations, the statute relating to elections must be liberally construed in favor of the reading that provides greater transparency.

2.   Becomes effective on the general effective date.

House Action

MOE               1/25/23      DP          6-4-0-0

3rd Read          2/28/23                     31-26-3

Prepared by Senate Research

March 16, 2023

AN/CS/slp