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SB1425 - 572R - S Ver
Senate Engrossed
elections; July
primary; curing; observers.
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1425
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:
START_STATUTE
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.
END_STATUTE
Sec. 2. Section 16-201, Arizona Revised Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 3. Section 16-204, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 4. Section 16-206, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 5. Section 16-558.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 6. Section 16-590, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
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 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.