voting; ranking; ballot format

HB4058 - 572R - I Ver

REFERENCE TITLE:
voting; ranking; ballot format

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4058

Introduced by

Representative
Blattman

AN
ACT

amending sections 16-446 and
16-449, Arizona Revised Statutes; amending title 16, chapter 4, Arizona Revised
Statutes, by adding article 3; relating to voting.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 16-446, Arizona Revised
Statutes, is amended to read:

START_STATUTE
16-446.

Specifications of electronic voting system

A. An electronic voting system consisting of a
voting or marking device in combination with vote tabulating equipment shall
provide facilities for voting for candidates at both primary and general
elections.

B. An electronic voting system shall:

1. Provide for voting in secrecy when used with
voting booths.

2.
Permit

allow
each
elector to vote at any election for any person for any office whether or not
nominated as a candidate, to vote for as many persons for an office as the
elector is entitled to vote for and to vote for or against any question on
which the elector is entitled to vote, and the vote tabulating equipment shall
reject choices recorded on the elector's ballot if the number of choices
exceeds the number that the elector is entitled to vote for the office or on
the measure.�

3. Prevent the elector from voting for the same
person more than once for the same office.

4. Accommodate ranked choice voting
when ranking for contests is possible.

4.

5.
Be
suitably designed for the purpose used and be of durable construction, and may
be used safely, efficiently and accurately in the conduct of elections and
counting ballots.

5.

6.
Be
provided with means for sealing the voting or marking device against any
further voting after the close of the polls and the last voter has voted.

6.

7.
When
properly operated, record correctly and count accurately every vote cast.

7.

8.
Provide
a durable paper document that visually indicates the voter's selections, that
the voter may use to verify the voter's choices, that may be spoiled by the
voter if it fails to reflect the voter's choices and that
permits

allows
the voter to cast a new ballot.� This paper
document shall be used in manual audits and recounts.

8.

9.
To
the extent practicable, provide for the ballot layout to be in the same order
of arrangement, including rotation, as provided for paper ballots, except that
information may be printed in vertical or horizontal rows, or in a number of
separate pages or screens that are placed or displayed on the voting
device. The titles of offices may be arranged in vertical columns or
in a series of separate pages or screens and shall be printed above or at the
side of the names of candidates so as to indicate clearly the candidates for
each office and the number to be elected.� If there are more candidates for an
office than can be printed in one column or on one ballot page or screen, the
ballot shall be clearly marked that the list of candidates is continued on the
following column, page or screen, and to the extent practicable, the same
number of names shall be printed on each column, page or screen.

9.

10.
Provide
for a color designation for use in the primary election for each political
party represented.
END_STATUTE

Sec. 2. Section 16-449, Arizona Revised
Statutes, is amended to read:

START_STATUTE
16-449.

Required test of equipment and programs; notice; procedures
manual

A. Within the period of time before the election day
prescribed by the secretary of state in the instructions and procedures manual
adopted pursuant to section 16-452, the board of supervisors or other
election
officer in charge
of elections
,
or for an election involving state or federal candidates, the secretary of
state, shall
have

test
the automatic
tabulating equipment and programs
tested
to ascertain that
the equipment and programs will correctly count the votes cast for all offices
and on all measures
, including those using the ranked choice
voting method
.� Public notice of the time and place of the test shall be
given at least forty-eight hours
prior thereto

before the test
by publication once in one or more daily or
weekly newspapers published in the town, city or village using such equipment,
if a newspaper is published
therein

in the
town, city or village
, otherwise in a newspaper of general circulation
therein

in the area affected
. The
test shall be observed by at least two election inspectors, who shall not be of
the same political party, and shall be open to representatives of the political
parties, candidates, the press and the public. The test shall be
conducted by processing a preaudited group of ballots so marked as to record a predetermined
number of valid votes for each candidate and on each measure and shall include
for each office one or more ballots that have votes in excess of the number
allowed by law in order to test the ability of the automatic tabulating
equipment and programs to reject such votes. If any error is
detected, the cause
therefor

for the error
shall
be ascertained and corrected and an errorless count shall be made before the
automatic tabulating equipment and programs are approved. A copy of
a revised program shall be filed with the secretary of state within forty-eight
hours after the revision is made. If the error was created by
automatic tabulating equipment malfunction, a report shall be filed with the
secretary of state within forty-eight hours after the correction is made,
stating the cause and the corrective action taken. The test shall be
repeated immediately before the start of the official count of the ballots in
the same manner as set forth above.� After the completion of the count, the
programs used and the ballots shall be sealed, retained and disposed of as
provided for paper ballots.

B. Electronic ballot tabulating systems shall be
tested for logic and accuracy within seven days before their use for early
balloting pursuant to the instructions and procedures manual for electronic
voting systems that is adopted by the secretary of state as prescribed by
section 16-452. The instructions and procedures manual shall
include procedures for the handling of ballots, the electronic scanning of
ballots and any other matters necessary to ensure the maximum degree of
correctness, impartiality and uniformity in the administration of an electronic
ballot tabulating system.

C. Notwithstanding subsections A and B of this
section, if a county uses accessible voting equipment to mark ballots and that
accessible voting equipment does not independently tabulate or tally votes, the
secretary of state in cooperation with the county officer in charge of
elections may designate a single date to test the logic and accuracy of both
the accessible voting equipment and electronic ballot tabulating systems.
END_STATUTE

Sec. 3. Title
16, chapter 4, Arizona Revised Statutes, is amended by adding article 3, to
read:

ARTICLE
3. RANKED CHOICE VOTING

START_STATUTE
16-421.

Ranked choice voting; threshold

A. In any
election in which ranked choice voting is used, the following apply:

1. For an
election to fill two or more seats for the same office and term, an elector may
vote for the candidates for that office by indicating the elector's order of
preference among the candidates.� An elector may vote for and rank as few of
the candidates as the elector wishes or the elector may vote for and rank as
many of the candidates as allowed for that ballot as otherwise provided by law.

2. For an
election to fill a single seat for an office and term, an elector may vote for
and rank as few of the candidates as the elector wishes or the elector may vote
for and rank as many of the candidates as allowed for that ballot as otherwise
provided by law.� The threshold formula for a single seat contest shall result
in a majority.

B. For
any election with ranked choice voting, the threshold number of votes necessary
for a candidate to be elected is:

1. The
fewest votes that can be obtained by not more than the number of candidates to
be elected.

2. Calculated
by determining the total number of valid votes cast and dividing that number by
the sum of one plus the number of candidates to be elected, then adding one
vote to the amount calculated and ignoring any fractions in the results, as
shown in the following formula:

(Total number of
votes cast)

(1 + Number of candidates to be elected for
that office) + 1 = Threshold

C. Ballots
shall be tallied and allocated in rounds of counting and each ballot shall be
counted as one vote for that ballot's highest ranked advancing candidate.� An
advancing candidate is a candidate who has not reached the threshold number for
election and who has not been eliminated from the contest as prescribed by
section 16-423.

D. Each
candidate who reaches the threshold number of votes is elected.� If more than
one candidate reaches the threshold number in a round of counting, the ballots
of the candidate who receives the largest number of first choice votes shall be
the first votes redistributed at their transfer value to the second choice
indicated on that ballot or the next available choice if the second choice
candidate has already been elected or eliminated.� The transfer procedure shall
be repeated for the ballots of the remaining candidate who was elected on the
first round if all seats have not been elected by the first redistribution.

END_STATUTE

START_STATUTE
16-422.

Surplus votes; redistribution; transfer value

A. Votes
that are acquired by an advancing candidate in excess of the threshold number
required for that election constitute the candidate's surplus votes.� Any
surplus votes that candidate has received shall be redistributed among the
other advancing candidates as follows:

1. Each
vote that was received by the elected candidate shall be redistributed to the
next available choice on that ballot according to a transfer value for each
ballot.� A ballot shall not be transferred if it does not contain a valid
choice to transfer.� Valid ballots shall be transferred and the transfer value
shall be established after transfer.� The transfer value shall be determined by
dividing the number of surplus votes cast for the elected candidate by the
total number of votes received by the elected candidate, calculated to five
decimal places and then rounded to the fourth decimal place.

2. The
transfer value is depicted in the following formula:

(Number of
surplus votes for the elected candidate)

(Total number of votes received by the elected
candidate) = transfer value.

B. If a
candidate receives more than the threshold number of votes necessary to be
elected as a result of the redistribution of surplus votes from a previously
elected candidate, the number of votes in excess of the minimum threshold of
votes necessary to be elected shall be redistributed to the advancing
candidates.� This redistribution shall be to the next available choice shown on
each of the elected candidate's ballots.� The transfer value for the ballots on
which the candidate was the first choice shall be the same as the transfer
value prescribed in subsection A of this section.� The lesser transfer value
for each ballot that is transferred to the advancing candidate from one or more
previously elected candidates shall be determined as follows:

1. The
surplus votes cast for the elected candidate shall be divided by the total
number of votes received by the elected candidate and multiplied by the
previous transfer value of that ballot.� The amount shall be calculated to five
decimal places and then rounded to the fourth decimal place.

2. The surplus value is depicted in the following formula:

(Number of surplus votes cast for the elected candidate)

(Total number
of votes received by the elected candidate) x previous transfer value of that
ballot = lesser transfer value.
END_STATUTE

START_STATUTE
16-423.

Elimination rounds; transfer of votes; limitation

A. For
any round of ballot counting in which there are no more surpluses to transfer
and the seats are not yet filled, the candidate with the lowest number of votes
shall be eliminated.� In elimination rounds, all of that eliminated candidate's
votes including first choice votes and any votes that were received from a
previously elected candidate's surplus at the transfer value shall be
transferred to the advancing candidates according to the next available choice
shown on the eliminated candidate's ballots.� The eliminated candidate's first
choice votes shall be transferred to the second, or next available, choice at
full value.� Any votes that are received from previously elected or eliminated
candidates shall be transferred to advancing candidates at the transfer value
at which each vote was received.

B. Votes
may not be transferred to candidates who have already met the threshold number
and votes may not be transferred to candidates who have been
eliminated. If a voter's next choice is not eligible to receive
transferred votes, that vote or portion of a vote shall be transferred to the
voter's next indicated choice until all choices on that ballot have been
exhausted.� A ballot is exhausted if after the preferred candidates are
eliminated, the ballot does not indicate one of the advancing candidates as an
alternate choice.

END_STATUTE

START_STATUTE
16-424.

Sequence of tabulation; candidates declared elected

The tabulation of
votes to be redistributed after the first round of counting shall continue in
the following sequence:

1. The
surplus votes of elected candidates are redistributed until there are no more
candidates to receive the minimum threshold of votes necessary to be elected.

2. The
votes of eliminated candidates are redistributed until another candidate
receives the minimum threshold number of votes necessary to be elected.

3. When
the number of advancing candidates plus the number of elected candidates who
have reached the threshold in previous rounds is equal to the number of
candidates to be elected, all of the advancing candidates shall be declared
elected, whether or not those candidates have received the minimum threshold
number of votes necessary to be elected.

END_STATUTE

START_STATUTE
16-425.

Tally report for ranked choice voting

Notwithstanding any
other law, for each office elected by ranked choice voting, the statement of
the result shall include all of the following:

1. The
number of votes cast in each election district for each advancing candidate in
each official round of counting, where possible.

2. The
number of exhausted ballots in each district in each official round of
counting, where possible.

3. The
total number of votes cast that are counted for each advancing candidate in
each official round of counting.

4. The
total number of exhausted ballots in each official round of counting.

END_STATUTE

START_STATUTE
16-426.

Ranked choice voting; applicability; ballot format; rules

A. Notwithstanding
any other law, the single-seat ranked choice voting method may be used in
any city, town or county election contest in which a voter has three or more
voting options for a particular office or issue.

B. Notwithstanding
any other law, the multiseat ranked choice voting method may be used in any
city, town or county election contest in which a voter has three or more voting
options for that group of offices.

C. Ballots
approved under this section shall be as simple and easy to use as practicable
and shall allow a voter to rank candidates for an office or group of offices in
the order of that voter's choice.� If practicable, ballots shall be designed in
a way that voters may mark their first choices in the same manner as that for
offices that are not elected by the ranked choice voting method.� If the
secretary of state determines that the number of candidates for a particular
office exceeds the practicable space requirements for ranking all candidates on
the ballot, the secretary of state may limit the number of ranked choices that
the voter may make, except that if there are five or more candidates for an
office, the secretary of state shall provide for ranking at least two more
candidates than the number of seats to be filled in that contest.

D. The
secretary of state by rule may:

1. Provide
for the use of mechanical, electronic or other devices for marking, sorting and
counting the ballots and tabulating the results.

2. Modify
the form of the ballots and the instructions to voters to comply with the
system of ranked choice voting.

3. Prescribe
the method of marking, sorting, counting, invalidating and tabulating votes,
except that rules or procedures adopted shall not conflict with the substance
or intent of this article.

END_STATUTE

START_STATUTE
16-427.

Sample ballots; instructions to voters; voter intent

A. Instructions
on the ballot shall include the following statement:

1. Rank
candidates in order of your preference.

2. You
may rank as few candidates as you wish or as many as is allowed.

3. Ranking
additional candidates will not hurt your higher ranked favorite candidates, but
will increase your chances of having your ballot count for a candidate if no
candidate initially gets enough votes to win.

4. Do not
skip rankings or give the same ranking to more than one candidate.

5. Do not
rank the same candidate more than once.

B. The
officer in charge of elections shall post sample ballots that use fictitious
names to illustrate voting procedures.� The sample ballots shall be posted in
or near the voting booth and shall be included in the instruction materials for
absentee ballots or early voters, in mailed voter pamphlets and in internet
voter education.� Before each election, the secretary of state shall conduct a
voter education campaign to educate voters on the use and purpose of the ranked
choice voting method.� The secretary of state shall use public service
announcements as well as seek other media cooperation to the maximum extent
practicable.

C. In
counting ballots, election officials shall attempt to ascertain the intent of
the voter as expressed by the voter's markings on the ballot as provided by law
and as prescribed in the instructions and procedures manual adopted by the secretary
of state.� If it is impossible to determine the intent of the voter for any
office or public question, that ballot shall be counted as blank or spoiled for
that office or question only and that determination does not apply for any
other office or question on the ballot for which the voter's intent can be
determined.� The secretary of state shall include in the instructions and
procedures manual provisions on determining whether a ballot is spoiled and
whether a voter's intent can be determined.� The instructions and procedures
manual shall conform to the intent and substance of this article.

END_STATUTE

START_STATUTE
16-428.

Method of tabulating votes; instructions to voters

The following apply
whenever ranked choice voting ballots are tabulated:

1. If
after a ballot's first choice candidate is eliminated, a ballot does not
indicate one of the advancing candidates as an alternate choice, the ballot is
exhausted and shall not be tabulated further.

2. If a
voter skips exactly one numerical ranking on that voter's ballot, the skipped
ranking will be ignored and that ballot will be valid and tabulated.

3. If a
voter skips two or more numerical rankings on the voter's ballot, only those
rankings that were lower than the two skipped rankings will be counted as
valid.

4. If a
voter gives the same ranking to more than one candidate, the voter's rankings
shall be counted in order of preference, stopping at the point where the ballot
contains the same ranking for more than one candidate.

5. If a
voter ranks the same candidate more than once, the highest ranking for that
candidate is valid and any lower rankings of that candidate are ignored.

6. For
any tied votes that must be broken and that occur at any stage in the
tabulation, the advantage goes to the candidate who was credited with the most
votes in the immediately preceding round of tabulation.� For tied votes for
which there is no previous round of tabulating, the following apply:

(
a
) A tie for the fewest votes between candidates who will
not be advancing and who have been eliminated from the contest shall be
resolved by simultaneously eliminating both candidates and tabulating and
transferring the remaining valid choices for advancing candidates.� The round
of counting is not complete until the ballots of both eliminated candidates are
tabulated.

(
b
) A
tie between candidates in which two or more candidates have an equal number of
first choice votes and more than two candidates would advance to the final
round shall be resolved as prescribed by section 16-649.
END_STATUTE