HB2022 - 572R

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

Section 1. Section 16-201, Arizona Revised Statutes, is amended to read:

START_STATUTE16-201. Primary elections

A primary election shall be held on the first 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. END_STATUTE

Sec. 2. Section 16-204, Arizona Revised Statutes, is amended to read:

START_STATUTE16-204. 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.

(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 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 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. END_STATUTE

Sec. 3. Section 16-206, Arizona Revised Statutes, is amended to read:

START_STATUTE16-206. Election day

A. The biennial primary election day on the first 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. END_STATUTE

Sec. 4. Section 16-550, Arizona Revised Statutes, is amended to read:

START_STATUTE16-550. Receipt of voter's ballot; cure period; tracking system

A. Except for early ballots tabulated as prescribed in section 16-579.02 or, beginning in 2026, received at a voting location after a voter's identification is confirmed as prescribed by section 16-579, subsection A, paragraph 4, on receipt of the envelope containing the early ballot and the mail affidavit, the county recorder or other officer in charge of elections shall compare the signature on the envelope with the signature of the elector on the elector's registration record as prescribed by section 16-550.01. If the signature is inconsistent with the elector's signature on the elector's registration record, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the voter, advise the voter of the inconsistent signature and allow the voter to correct or the county to confirm the inconsistent signature. The county recorder or other officer in charge of elections shall allow signatures to be corrected not later than the fifth business calendar day after a primary, general or special election that includes a federal office or the third business day after any other election. If the election is a primary, general or special election that includes a federal office and there are outstanding ballots that require identification or ballot signatures to be corrected or confirmed, in addition to the office's regular business hours, the county recorder's and any city or town clerks' offices that have an agreement with a county to be used as locations at which a voter may submit proof of identification shall be open during regular business hours to allow for curing signatures during the Friday and weekend before and the Friday and weekend after the election. Regular business hours include at a minimum 8:00 a.m. until 5:00 p.m. If there are no ballots remaining that require identification or signatures to be cured, the county recorder and city and town clerks are not required to be open during the weekend. If the signature is missing, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the elector, advise the elector of the missing signature and allow the elector to add the elector's signature not later than 7:00 p.m. on election day. If satisfied that the signatures correspond, the recorder or other officer in charge of elections shall hold the envelope containing the early ballot and the completed mail affidavit unopened in accordance with the rules of the secretary of state. Signatures that cannot be verified pursuant to section 16-550.01 or cured pursuant to this section shall be rejected. If the ballot is a conditional provisional ballot, the voter shall provide proof of identification to the county recorder or other officer in charge of elections not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election. Beginning with the first missing or mismatched signature that is identified after the period of early voting begins through the Monday immediately preceding the election, the county recorder or other officer in charge of elections shall submit daily to the political parties that are qualified for continued representation on the state ballot an updated list of all voters whose signatures are missing or inconsistent with the voter's signature on the voter's registration record. Beginning on the Wednesday immediately following the election through the end of the signature cure period after a primary, general or special election that includes a federal office, or the third business day after the election for any other election, the county recorder or other officer in charge of elections shall submit daily to the political parties that are qualified for continued representation on the state ballot an updated list of all voters whose signatures are inconsistent with the voter's signature on the voter's registration record and all voters who voted with a conditional provisional ballot. This list of voters whose signatures require curing shall include for those voters all voter information that is provided to the political parties that are qualified for continued representation on the state ballot as prescribed by section 16-168.

B. The recorder or other officer in charge of elections shall thereafter safely keep the mail affidavits and early ballots in the recorder's or other officer's office and may deliver them for tallying pursuant to section 16-551.

C. Processing and tabulation of individual ballots may begin immediately after the envelope and completed mail affidavit are processed pursuant to this section and delivered to the early election board and shall continue without delay until completed. Until election day, the early election board and the county recorder or other officer in charge of elections shall:

1. Not access an aggregated complete results file of early voting and vote by mail ballots that were processed and tabulated by the end of the early voting period.

2. Not produce for internal or external use an aggregated results report or associated files of complete results.

3. Only produce a partial results report or associated files if it is part of the internal preparation for the hand count pursuant to section 16-602 or for the logic and accuracy testing required pursuant to section 16-449.

4. Not publicly release complete or partial results, whether for internal or external use, until all precincts have reported or one hour after the closing of the polls on election day, whichever is earlier.

D. The county recorder or other officer in charge of elections shall post on its website within forty-eight hours after all ballot tabulation is complete all system log files and other similar files from the election management system that verify compliance with subsection C of this section.

E. The county recorder shall send a list of all voters who were issued early ballots to the election board of the precinct in which the voter is registered.

F. For a county that uses early ballots, the county recorder or other officer in charge of elections shall provide an early ballot tracking system that indicates whether the voter's early ballot has been received and whether the early ballot has been verified and sent to be tabulated or rejected. The county recorder or other officer in charge of elections shall provide voters with access to the early ballot tracking system on the county's website.

G. This section does not apply to:

1. A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.

2. A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter. END_STATUTE

Sec. 5. Section 16-558.02, Arizona Revised Statutes, is amended to read:

START_STATUTE16-558.02. 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.END_STATUTE

Sec. 6. Section 16-590, Arizona Revised Statutes, is amended to read:

START_STATUTE16-590. 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. END_STATUTE

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 form before 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 28, 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 form that complies with the newly designated primary election date of July 28, 2026 and shall not be ruled invalid due solely to the changed date of the primary election.

B. Any city, town or county initiative petition that is circulated before 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 28, 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 28, 2026 and shall not be ruled invalid due solely to the changed date of the primary election.

Sec. 8. 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.