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House Engrossed
elections; July primary; curing; observers |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HOUSE BILL 2022 |
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AN ACT
amending sections 16-135, 16-201, 16-204, 16-206, 16-558.02 and 16-590, Arizona Revised Statutes; relating to the conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-135, Arizona Revised Statutes, is amended to read:
16-135. Change of residence from one address to another
A. An elector who is correcting the residence address shown on the elector's voter registration record shall reregister with the new residence address or correct the voter registration record as prescribed by this section.
B. An elector who moves from the address at which the elector is registered to another address within the same county and who fails to notify the county recorder of the change of address before the date of an election shall be allowed to correct the voter registration records at the appropriate polling place for the voter's new address. The voter shall present a form of identification that includes the voter's given name and surname and the voter's complete residence address that is located within the precinct for the voter's new residence address. The voter shall affirm in writing the new residence address and shall be allowed to vote a provisional ballot.
C. When an elector completes voting a provisional ballot, the election official shall place the ballot in an envelope for provisional ballots and shall deposit the envelope in the ballot box designated for provisional ballots.
D. Within ten seven calendar days after a general election that includes an election for a federal office and within five business calendar days after any other election, a provisional ballot shall be compared to the signature roster for the precinct in which the voter was listed and if the voter's signature does not appear on the signature roster for that election and if there is no record of that voter having voted early for that election, the provisional ballot shall be processed. If the signature roster or early ballot information indicates that the person did vote in that election, the provisional ballot for that person shall remain unopened and shall not be counted.
E. An elector may also correct the residence address on the elector's voter registration record by requesting the address change on a written request for an early ballot that is submitted pursuant to section 16-542 and that contains all of the following:
1. A request to change the voter registration record.
2. The elector's new residence address.
3. An affirmation that the information is true and correct.
4. The elector's signature.
Sec. 2. Section 16-201, Arizona Revised Statutes, is amended to read:
16-201. Primary elections
A primary election shall be held on the first second to last Tuesday in August july in any year in which a general election or special election is held and at which candidates for public office are to be elected.
Sec. 3. Section 16-204, Arizona Revised Statutes, is amended to read:
16-204. Declaration of statewide concern; consolidated election dates; definition
A. The legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary.
B. For elections held before 2014 and notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an election held for or on behalf of a county, city or town, a school district, a community college district or special districts organized pursuant to title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following dates:
1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections, including recall elections and special elections to fill vacancies, shall be held on:
(a) The second Tuesday in March.
(b) The third Tuesday in May.
(c) The tenth Tuesday before the first Tuesday after the first Monday in November.
(d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.
2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on:
(a) The tenth Tuesday before the first Tuesday after the first Monday in November.
(b) The first Tuesday after the first Monday in November.
C. For elections held before 2014, for any city or town, including a charter city, that holds its regularly scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2 of this section, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election.
D. Subsections B and C of this section do not apply to an election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII, section 2 or 3 or article XII, section 5, Constitution of Arizona.
E. Beginning with elections held in 2014 and later and notwithstanding any other law or any charter or ordinance to the contrary, a candidate election held for or on behalf of any political subdivision of this state other than a special election to fill a vacancy or a recall election may only be held on the following dates and only in even-numbered years:
1. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November. Beginning in 2020 2026 and later, the election shall be held on the first second to last Tuesday in August July. If the political subdivision holds a primary or first election and a general or runoff election is either required or optional for that political subdivision, the first election shall be held on this date, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term.
2. The first Tuesday after the first Monday in November. If the political subdivision holds a general election or a runoff election, the second election held shall be held on this date. If the political subdivision holds only a single election and no preliminary or primary or other election is ever held for the purpose of reducing the number of candidates, or receiving a partisan nomination or designation or for any other purpose for that political subdivision, the single election shall be held on this date.
F. Beginning with elections held in 2014 and later that are not candidate elections, an election held for or on behalf of any political subdivision of this state, and including a special election to fill a vacancy or a recall election, may only be held on the following dates:
1. The second Tuesday in March.
2. The third Tuesday in May.
3. Through 2019, the tenth Tuesday before the first Tuesday after the first Monday in November. Beginning in 2020 2026 and later, the election shall be held on the first second to last Tuesday in August July.
4. The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48. Notwithstanding any other law, an election must be held on the date specified in this paragraph and only in even-numbered years for the approval of or authorizing the assessment of transaction privilege taxes by a county, city or town.
G. Notwithstanding any other law, for an election administered by a county recorder or other officer in charge of elections on behalf of a city, town or school district and that is an all mail ballot election for that city, town or school district, the county recorder or other officer in charge of elections may use a unified ballot format that combines all of the issues applicable to the voters in the city, town or school district requesting the all mail ballot election.
H. For the purposes of this section, "political subdivision" means any governmental entity operating under the authority of this state and governed by an elected body, including a city, town, county, school district or community college district or any other district organized under state law but not including a special taxing district.
Sec. 4. Section 16-206, Arizona Revised Statutes, is amended to read:
16-206. Election day
A. The biennial primary election day on the first second to last Tuesday in August July in the year the general election is held and the biennial general election day on the first Tuesday after the first Monday in November of every even-numbered year are not legal holidays.
B. Every public officer or employee is entitled to absence from service or employment for the purpose of voting pursuant to section 16-402 on the biennial primary and general election days.
Sec. 5. Section 16-558.02, Arizona Revised Statutes, is amended to read:
16-558.02. Replacement ballots; observers
A. The county recorder or other officer in charge of elections shall determine a central location in the district and shall provide for a ballot replacement center that is as near to that location as is practicable for electors to obtain a replacement ballot or for an elector who is listed as inactive to confirm or revise the elector's voter registration information and receive a ballot. The location shall be open from 6:00 a.m. until 7:00 p.m. of the day of the election. An elector may obtain a replacement ballot until 7:00 p.m. on the day of the election on presenting a signed, sworn statement that the ballot was lost, spoiled, destroyed or not received.
B. The recorder or other officer in charge of elections shall keep a record of each replacement ballot provided pursuant to this section.
C. If an elector to whom a replacement ballot is issued votes more than once, only the first ballot received shall be counted.
D. For each ballot replacement location, The county chairman of each party may designate by written appointment addressed to the election board a party representative and alternates to serve as observers. A party representative shall be a resident of this state and registered to vote in this state.
Sec. 6. Section 16-590, Arizona Revised Statutes, is amended to read:
16-590. Appointment of challengers and party representatives
A. The county chairman of each party may designate, for each precinct or location, by written appointment addressed to the election board, designate a party agent or representative and alternates for a polling place in the precinct and at any voting center, including an in-person early voting location and an emergency voting location, who may act as challengers for the party which appointed him.
B. At each voting place, one challenger for each political party may be present and act, but no a challenger may not enter a voting booth except to mark his ballot.
C. Not more than the number of party representatives for each party which that were mutually agreed upon on by each political party represented on the ballot shall be in the polling place voting place at one time. If such agreement cannot be reached, the number of representatives shall be limited to one in the polling place voting place at one time for each political party.
D. A challenger or party representative shall be a resident of this state and registered to vote in this state.
Sec. 7. 2026 primary election; nomination petition forms; local initiative petition forms; previous primary election date
A. A person who desires to become a candidate at the 2026 primary election, who collects signatures on a nomination petition or nomination paper form, including an electronic petition with signatures as prescribed by section 16-316, 16-317 or 16-318, Arizona Revised Statutes, before, on or after the effective date of this act and who has used a petition form that includes the former primary election date of August 4, 2026 may lawfully submit those signatures for the 2026 primary election to be held on July 21, 2026. Signatures that are collected with the August 4, 2026 primary election date, that are submitted as prescribed in this subsection and that otherwise comply with the requirements provided by law are deemed to be as valid as signatures collected on a nomination petition or nomination paper form, including an electronic petition with signatures as prescribed by section 16-316, 16-317 or 16-318, Arizona Revised Statutes, that complies with the newly designated primary election date of July 21, 2026 and shall not be ruled invalid due solely to the changed date of the primary election or for any clerical error by an election official in the preparation of the electronic petition. The filing officer shall not reject those nomination petitions, nomination papers or signatures based solely on the date of the primary election. This subsection applies to and includes nomination petitions, nomination papers and signatures that are submitted through the secure online signature collection system provided by the secretary of state.
B. Any city, town or county initiative petition that is circulated before, on or after the effective date of this act and that is on a petition form that includes the former 2026 primary election date of August 4, 2026 may lawfully submit those petitions and signatures for the primary election to be held on July 21, 2026. Signatures that are collected with the August 4, 2026 primary election date, that are submitted as prescribed in this subsection and that otherwise comply with the requirements provided by law are deemed to be as valid as signatures collected on an initiative petition form that complies with the newly designated primary election date of July 21, 2026 and shall not be ruled invalid due solely to the changed date of the primary election. The filing officer shall not reject those signatures or petitions based solely on the date of the primary election.
C. This section does not require a person to file a new or amended statement of interest based solely on the change in the 2026 primary election date.
Sec. 8. 2026 primary election date; city, town and county matters
Any election item that was duly called by a city, town or county pursuant to section 16-226, Arizona Revised Statutes, for the August 4, 2026 primary election date shall be placed on the ballot for the newly designated primary election date of July 21, 2026.
Sec. 9. Legislative intent
The legislature intends and finds that this act does not make changes to the length of time during which voter signatures are allowed to be cured and conditional provisional ballot voters are allowed to provide proof of identification, and that Laws 2024, chapter 1, section 22, as amended by Laws 2024, chapter 2, section 4, continues to apply to all primary, general or special elections that include a federal office in 2026.
Sec. 10. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.