state voting rights act

SB1343 - 572R - I Ver

REFERENCE TITLE:
state voting rights act

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1343

Introduced by

Senators
Ortiz: Bravo, Diaz, Gabald�n, Hatathlie, Kuby, Sears, Sundareshan;�
Representatives Liguori, Sandoval

AN
ACT

amending title 16, Arizona Revised
Statutes, by adding chapter 9; relating to elections and electors.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 16, Arizona Revised Statutes,
is amended by adding chapter 9, to read:

CHAPTER 9

ARIZONA STATE VOTING RIGHTS ACT

ARTICLE 1. GENERAL
PROVISIONS

START_STATUTE
16-1201.

Definitions

In this chapter, unless the context otherwise
requires:

1. "Covered political
subdivision" means a political subdivision that the secretary of state
determines, based on the most recent United States decennial census, meets any
of the following criteria:

(
a
) More than
two percent of the citizens of voting age of the political subdivision are
members of a single language minority and speak English "less than very
well".

(
b
) More than
four thousand of the citizens of voting age of the political subdivision are
members of a single language minority and speak English "less than very
well".

(
c
) In the case
of a political subdivision that contains all or any part of a tribal nation,
more than two percent of the tribal members of voting age within the tribal
nation are members of a single language minority and speak English "less
than very well".

(
d
) The
illiteracy rate of a single language minority group is higher than the national
illiteracy rate.

2. "Political subdivision"
means this state or any county, city, town, school district or other district
organized pursuant to state law.

3. "Protected class" means
a class of voters identified in section 16-1202.

4. "Representational
participation" means the right for all persons living in this state or a
political subdivision to be able to influence elected officials and be included
in the population basis for elected representation, regardless of ability to
cast a ballot for elected officials.

5. "Unforeseen
Circumstance":

(
a
) Means an
abrupt event that affects an election and that was neither created nor directly
or indirectly caused by this State or any political subdivision.

(
b
) Does not
include monetary concerns and concerns of voter fraud.
END_STATUTE

START_STATUTE
16-1202.

Voters' rights

A. The right to vote is guaranteed to
all citizens of this state.� The right to vote may not be denied regardless of
race, income level, gender, disability, national origin, language ability, age,
sexual orientation or religion.

B. The right to representation is
guaranteed to all persons in this State, and all persons within any political
subdivision or special district within this State have the right to equal
political representation. The right to representation may not be
denied regardless of age, citizenship status, race, income level, gender,
disability, national origin, language ability, status as a property owner,
sexual orientation or religion.

C. All voters who are members of
racial, ETHNIC AND language-minority groups shall have an equal
opportunity to participate in the political processes as all other voters in
this State and, especially, to exercise the elective franchise.

D. A method of electing the governing
body of any political subdivision may not be imposed or applied in a manner
that impairs the ability of a protected class or classes to have an equal
opportunity to elect candidates of their choice as the result of the dilution
or abridgment of the rights of voters who are members of a protected class or
classes.
END_STATUTE

START_STATUTE
16-1203.

Standing

A. Any member of a protected class
who resides in a political subdivision where a violation of this chapter is
alleged, an organization whose membership includes or is likely to include a
member of a protected class who resides in a political subdivision where a
violation of this chapter is alleged or the attorney general may bring a civil
action to enforce this chapter.

B. Any person who resides in a
political subdivision where a violation of the right to representational
participation is alleged, an organization whose membership includes or is
likely to include a member of a protected class who resides in a political
subdivision where a violation of this chapter is alleged or the attorney
general may bring a civil action to enforce this chapter.
END_STATUTE

START_STATUTE
16-1204.

Voting materials in minority languages; declaratory judgment

A. Following each United States
decennial census, the secretary of state shall calculate which political
subdivisions are covered political subdivisions for the purposes of
administering elections.

B. Covered political subdivisions
shall:

1. Provide voting materials in the
covered language of an equal quality to the corresponding English language
materials, including registration or voting notices, forms, instructions,
assistance or other materials or information relating to the electoral process,
including ballots and voting systems.

2. Whenever a covered political
subdivision provides any registration or voting notices, forms, instructions,
assistance or other materials or information relating to the electoral process,
including ballots, in a covered political subdivision, the covered political
subdivision shall provide them in the language of the applicable minority group
as well as in the English language, except that if the language of the
applicable minority group is oral or unwritten or, in the case of some tribal nations,
if the predominant language is historically unwritten, the covered political
subdivision is required only to furnish oral instructions, assistance or other
information relating to registration and voting.

3. Ensure that for each single
language minority there is at least one election official who serves at each
polling place in the covered political subdivision who speaks that single
language minority's language fluently.

C. A covered political subdivision
that seeks to provide English-only registration or voting materials or
information, including ballots, may file an action against the state for
declaratory relief.� The court shall enter a declaratory judgment if it finds
that the determination of the secretary of state was unreasonable or an abuse
of discretion.
END_STATUTE

START_STATUTE
16-1205.

Rights of action; language minority voting materials

A. A covered political subdivision
violates the right to vote if it fails to provide any or all of the voting
materials in compliance with section 16-1204 and does not cure this failure
within three hours after receiving written notice of the failure.

B. A covered political subdivision
commits a separate VIOLATION of the right to vote if it fails to provide at
least one election official who serves at each polling place in the covered
political subdivision who speaks that single language minority's language
fluently pursuant to section 16-1204 and does not cure this failure as follows:

1. Within forty-eight hours after
receiving written notice of the failure from a plaintiff seeking to enforce
section 16-1204 in advance of any election.

2. Within twenty-four hours
after receiving written notice of the failure from a plaintiff seeking to
enforce section 16-1204 on any day in which voting occurs.

3. Within one hour after receiving
written notice of the failure from a plaintiff seeking to enforce section
16-1204 on the last day on which voting occurs.

C. In addition to any fees and costs
owed under section 16-1210, a political subdivision against whom any party
prevails on a claim to enforce section 16-1204 must pay a penalty of $5,000 per
affected voter, up to $250,000. This penalty is without regard to
any finding of a defendant's intent to violate section 16-1204. If
the court finds a Defendant intentionally violated section 16-1206, the court
may enter a penalty against that Defendant.
END_STATUTE

START_STATUTE
16-1206.

Rights of action; violation of right to vote

A. The right to vote is a fundamental
right. The state may not deny, abridge or restrict a citizen's right to vote.

B. Any state action that has the
impact of denying or abridging a citizen's right to vote and that is not the
least restrictive means of advancing a compelling government interest is a
violation of a citizen's right to vote under this chapter.

C. A person whose right to vote has
been denied or restricted by this state, its political subdivisions, any
private or public entity or a private person in violation of this section may
assert that violation as a claim under this chapter.
END_STATUTE

START_STATUTE
16-1207.

Rights of action; voter suppression; definition

A. This state or a political
subdivision violates the right to vote if, based on the totality of the
circumstances, members of a protected class have less opportunity than other
members of the electorate to participate in the political process or to elect
candidates or electoral choices preferred by members of the protected class.

B. For the purposes of this section,
"totality of the circumstances" includes circumstances the extent to
which members of a protected class have been elected to office in this state or
any political subdivision and the extent to which members of a protected class
in this state or any political subdivision vote at lower rates than other
members of the electorate.

END_STATUTE

START_STATUTE
16-1208.

Rights of action; political participation

A. The right to political
participation is a fundamental right. This state or a political
subdivision may not deny, abridge or restrict the right to equal representation
of a person who resides in the political subdivision.

B. A court may adopt only a remedy
for a violation of subsection A of this section that will not diminish the
political representation of all persons in the challenged body. The
court shall consider proposed remedies by any parties and interested nonparties
and shall not provide deference or priority to a proposed remedy because it is
proposed by the political subdivision. This chapter provides the
court with authority to implement remedies notwithstanding any other provision
of state law.
END_STATUTE

START_STATUTE
16-1209.

Election law changes; presumption; rebuttal

A. A voter's right to vote cannot be
abridged or denied through an election law, scheme, rule or administrative
change.

B. This state or a political
subdivision violates this section if a regulation, scheme, devise or
restriction is changed or implemented, or the polling location is moved or
closed or an administrative rule or process results in decreased voter access
during the ninety-day period before any state or federal election.

C. There is a presumption that any
change that modifies, establishes or abolishes a regulation, law, scheme,
devise or rule within the ninety-day period before any STATE or federal
election, including the placement and availability of polling locations and
ballot drop boxes, and that results in decreased voter access is in violation
of this chapter.

D. This state or a political
subdivision may rebut the presumption prescribed in subsection C of this
section by obtaining a trial court order that is affirmed by an appellate court
that the change was necessary due to emergency or unforeseen circumstances.

END_STATUTE

START_STATUTE
16-1210.

Attorney fees; costs

A. In any action to enforce this
chapter, the court shall award a prevailing plaintiff, other than this state or
a political subdivision, reasonable attorney fees and litigation expenses,
including expert witness fees and expenses as part of the costs.

B. If a plaintiff demonstrates that
the PLAINTIFF succeeded in altering the defendant's behavior to correct a
claimed harm at the time the suit for interim attorney fees is filed, the
plaintiff does not need to achieve a judicially sanctioned relief or favorable
judgment in order to be the prevailing plaintiff.

C. A Plaintiff who has prevailed on
part of the plaintiff's claim while the case remains pending may also seek an
award of interim attorney fees for securing the interim relief. The
claim supporting the Plaintiff's request for interim attorney fees need not be
a central claim of the case.

D. A prevailing defendant may not
recover any costs, unless the court finds the action to be frivolous,
unreasonable or without foundation.

END_STATUTE

START_STATUTE
16-1211.

Legal procedures

A. Any action commenced under this
chapter is not rendered moot or otherwise affected by the conclusion of an
election cycle during which the action was brought if the case is capable of
repetition.

B. A court may exercise jurisdiction
over a challenge to the electoral franchise if:

1. The challenged action is too short
in its duration to be fully litigated before its cessation or expiration.

2. There is a reasonable expectation
that the same complaining party would be subjected to the same action again.

C. The court shall hear the case at
the earliest practicable date and shall cause the case to be in every way
expedited, including through granting the case automatic calendar preference.

D. The plaintiff's constitutional
right to the secrecy of the plaintiff's vote is preserved and is not waived by
the filing of an action pursuant to this chapter. The filing is not subject to
discovery or disclosure.

E. In seeking a temporary restraining
order or a preliminary injunction, a plaintiff shall not be required to post a
bond greater than $10 or any other additional security in order to secure
equitable relief.

F. An action filed pursuant to this
chapter does not need to be filed as a class action.� Members of different
classes may file an action jointly pursuant to this chapter if they demonstrate
that the combined voting preferences of the multiple protected classes are
polarized against the rest of the electorate.� The court may grant relief to
the benefit of the full class without regard to whether it is filed as a class
action.
END_STATUTE

START_STATUTE
16-1212.

Remedies

A. On a finding of a violation of
this chapter, the court shall implement appropriate remedies that are tailored
to remedy the violation if not otherwise prohibited by the Arizona
Constitution. Remedies may include:

1. Providing additional voting hours
or days.

2. Providing additional polling
locations.

3. Providing additional means of
voting.

4. Requiring expanded opportunities
for voter registration.

5. Requiring additional voter
education.

6. Modifying the election calendar.

7. Restoring or adding persons to
registration lists.

B. The court shall adopt only a
remedy that will not diminish the ability of minority groups to participate in
the political process and to elect their preferred candidates to
office. The court shall consider proposed remedies by any parties
and interested nonparties and shall not provide deference or priority to a
proposed remedy because it is proposed by the political
subdivision. This chapter provides the court with authority to
implement remedies notwithstanding any other provision of state law.

C. The court shall provide this state
or the political subdivision an opportunity to propose an appropriate remedy
tailored to the needs of the jurisdiction if the election is more than ninety
days in the future. If the proposed remedy can demonstrably resolve
the violation, the court shall accept the proposal as the remedy. If
the proposed remedy is inadequate or the election will occur within ninety
days, the court shall use its discretion to fashion and order an appropriate
remedy for the violation.
END_STATUTE