SB1003 - 572R

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

Section 1. Section 16-642, Arizona Revised Statutes, is amended to read:

START_STATUTE16-642. Canvass of election; postponements

A. The governing body holding an election shall meet and acknowledge without prejudice the canvass of the election as follows:

1. The county officer who conducted the election shall certify its accuracy under oath and the county officer who tabulated the ballots shall certify the results of the tabulation under oath to the governing board of a county, which shall meet and acknowledge without prejudice the canvass of the election as follows:

(a) For the primary election, not later than the second Monday after the election.

(b) For the general election, not later than the third Thursday after the election.

2. The secretary of state shall acknowledge without prejudice the canvass of the election as follows:

(a) For the primary election, not later than the third Thursday after the election.

(b) For the general election, not later than the third Monday after the election.

3. The officer who conducted the election shall certify its accuracy under oath and the officer who tabulated the ballots shall certify the results of the tabulation under oath to the governing body of a city, town or special district, which shall meet and acknowledge without prejudice the canvass of the election not less than six days and not more than twenty days following the election.

B. The officer who conducted the election shall certify its accuracy under oath and the officer who tabulated the ballots shall certify the results of the tabulation under oath to the governing body of a special district as defined in title 48, which shall present to the board of supervisors a certified copy and an acknowledgement without prejudice of the official canvass of the election at the next regularly scheduled meeting of the board of supervisors. For purposes of contesting a special district election as described in section 16-673, the canvass is not complete until the presentation to the board of supervisors is made.

C. If, at the time of the meeting of the governing body, the returns from any polling place in the election district where the polls were opened and an election held are found to be missing, the acknowledgement without prejudice of the canvass of the election shall be postponed from day to day until all the returns are received from the officer who conducted the election and certifies its accuracy under oath and the officer who tabulated the ballots and CERTIFIEs the results of the tabulation under oath, or until six postponements have been had. The This subsection does not apply to the county board of supervisors' acknowledgement without prejudice of the canvass of the primary and general election. END_STATUTE

Sec. 2. Section 16-645, Arizona Revised Statutes, is amended to read:

START_STATUTE16-645. Canvass and return of precinct vote; declaring nominee of party; certificate of nomination; write-in candidates

A. When the board of supervisors, or the governing body of a city or town, has received the sworn statements of the officer who conducted the election and the officer who tabulated the ballots as prescribed by section 16-642 and has completed its canvass of precinct returns, the person having the largest number of votes, or if more than one candidate is necessary, those candidates to the required number who have received the largest number of votes for the nomination for an office in the political party of which the person was set forth on the ballot as a candidate for the nomination, shall be declared the nominee of the party for that office and shall be given a certificate of nomination for that office by the board or governing body, which shall entitle the person to have the person's name placed on the official ballot at the ensuing election as the nominee of the party for the office. When canvassing write-in votes the apparent intent of the voter shall be taken into consideration to the extent possible and the standard prescribed for federal write-in candidates in section 16-543.02, subsection C applies.

B. The board of supervisors shall deliver the official canvass by electronic means to the secretary of state within thirteen calendar days after the primary election, and the secretary of state shall on or before the third Thursday following the primary election canvass the return and issue a letter declaring nomination as provided in this section to the nominees who filed nominating petitions and papers with the secretary of state pursuant to section 16-311, subsection D. For any partisan primary election, the governing body or officer in charge of elections shall prepare and transmit to the secretary of state along with the official canvass the total by party of partisan ballots selected in that primary election by voters who registered as no party preference, as independents or as members of a political party that is not qualified for representation on the ballot.

C. A certificate of election shall not be issued to a write-in candidate for precinct committeeman or a write-in candidate for a nonpartisan office unless the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.

D. Except as provided in subsection C of this section, a letter declaring nomination shall not be issued to a write-in candidate of a party that has not qualified for continued representation on the official ballot pursuant to section 16-804 unless the candidate receives a plurality of the votes of the party for the office for which the candidate is a candidate.

E. Except as provided by subsection C of this section, a letter declaring nomination shall not be issued to a write-in candidate of a party qualified for continued representation on the official ballot unless the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.

F. A certificate of election shall not be issued to presidential electors who are pledged to a write-in candidate for president unless that candidate received the highest number of votes cast for the office of president. END_STATUTE

Sec. 3. Section 16-646, Arizona Revised Statutes, is amended to read:

START_STATUTE16-646. Statement, contents and mailing of official canvass

A. When the result of the canvass is determined and acknowledged without prejudice as prescribed by section 16-642, a statement, known and designated as the official canvass, shall be entered on the official record of the election district that: shall show

1. shows:

1. (a) The number of ballots cast in each precinct and in the county.

2. (b) The number of ballots rejected in each precinct and in the county.

3. (c) The titles of the offices voted for and the names of the persons, together with the party designation, if any, of each person voted for to fill the offices.

4. (d) The number of votes by precincts and county received by each candidate.

5. (e) For each candidate race in each political subdivision prescribed by section 16-204.01, the number of ballots cast and the number of active registered voters in each political subdivision and portion of a political subdivision for which a candidate may be elected.

6. (f) The numbers and a brief title of each proposed constitutional amendment and each initiated or referred measure voted on.

7. (g) The number of votes by precincts and county for and against such proposed amendment or measure.

2. includes A copy of the sworn statements of the officer who conducted the election and the officer who tabulated the ballots as prescribed by section 16-642.

B. The certified permanent copy of the official canvass for all offices and ballot measures and its acknowledgment without prejudice by the canvassing body, except offices and ballot measures in a city or town election and nonpartisan election returns, shall be mailed immediately to the secretary of state who shall maintain and preserve it as a permanent public record.

C. The board of supervisors shall first mail with a postmark or other similar date and time indicator, then deliver electronically a copy of the official canvass for all offices and ballot measures in the primary and general elections to the secretary of state in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county election officials. The uniform format shall be designed to facilitate the computer analysis of election results for offices and ballot measures that are statewide or are common to more than one county. The electronic copy of the official canvass from the board of supervisors is sufficient for the secretary of state to conduct and issue the statewide canvass if the electronic copy includes a scan or other similar evidence that the paper official canvass was mailed before the electronic version was sent.

D. The certified permanent copy of the official canvass for all offices and ballot measures in a city or town election and its acknowledgment without prejudice by the governing body and A copy of the sworn statements of the officer who conducted the election and the officer who tabulated the ballots as prescribed by section 16-642 shall be filed with the appropriate city or town clerk, or in a special district election with the clerk of the board of supervisors, who shall maintain and preserve it as a permanent public record. END_STATUTE