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SB1003 - 572R - S Ver
Senate Engrossed
elections; canvass;
certification; acknowledgment
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1003
AN
ACT
amending sections 16-642, 16-645
and 16-646, Arizona Revised Statutes; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 16-642, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-642.
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_STATUTE
16-645.
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_STATUTE
16-646.
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