ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
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.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2319 adds unnecessary language into statute and does not solve any of the real challenges facing election administration.
House Action Senate Action
MOE 1/25/23 DP 6-4-0-0 ELEC 3/20/23 DP 5-3-0
3rd Read 2/28/23 31-26-3 3rd Read 4/11/23 16-13-1
Vetoed by the Governor on 4/17/23
Prepared by Senate Research
April 18, 2023
AN/CS/slp