Assigned to JUDE                                                                                                                             AS VETOED

 

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

VETOED

FACT SHEET FOR H.B. 2205

 

election procedures manual; authority

Purpose

Asserts that the requirement for the Secretary of State (SOS) to adopt an official instruction and procedures manual, referred to as the Elections Procedures Manual (EPM), must not be construed as an excessive delegation of Legislative powers.

Background

Statute requires the SOS to prescribe rules to achieve and maintain the maximum degree of correctness, impartiality, uniformity and efficiency on the procedures for voting, early voting and of producing, distributing, collecting, counting, tabulating and storing ballots. The SOS must also adopt rules regarding fax transmittal of unvoted ballots, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens, and internet receipt of requests for federal postcard applications. These rules must be prescribed in an official instruction and procedures manual issued no later than December 31 of each odd-numbered year preceding the general election. The manual must be approved by the Governor and Attorney General (A.R.S. § 16-452).

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

Provisions

1.   Asserts that the requirement for the SOS to adopt an EPM must not be construed as an excessive delegation of Legislative powers.

2.   Specifies that the EPM has the force of law only for the provisions the Legislature has specifically authorized the SOS to include.

3.   Specifies that sections of the EPM included pursuant to the general grant of authority for the SOS to prescribe rules to achieve and maintain correct and impartial elections procedures do not have the force of law.

4.   Becomes effective on the general effective date.

Governor's Veto Message

The Governor indicates in her veto message that the scope of authority for the EPM is already contained in the statute requiring its creation.

 

House Action                                                           Senate Action

JUDE              1/21/25      DP       4-3-0-0               JUDE              3/5/25        DP              4-3-0

3rd Read          2/20/25                  33-26-1               3rd Read          4/29/25                          17-12-1

 

Vetoed by the Governor on 5/6/25

 

Prepared by Senate Research

May 13, 2025

ZD/AW/ci