SB 1609 — election contests; invalidated election; sanctions

BillSenate Number:Engrossed election contests;

S.B.invalidated election;

sanctions State of Arizona Senate Fifty-fifth Legislature Second Regular Session SENATE BILL 1609 TownsendAN FloorACT AmendmentAMENDING ReferenceSECTION to:16-672, ARIZONA REVISED STATUTES;

printedRELATING billTO AmendmentCONTEST draftedOF by:ELECTIONS.

Mike(TEXT HansOF FLOORBILL AMENDMENTBEGINS EXPLANATIONON 1.NEXT PAGE) - i - S.B.

Applies1609 requirementsBe relatedit toenacted aby court-orderedthe secondLegislature electionof as the resultState of anArizona: election contest to only candidates and ballot measures at a general election.

Section 1.

Section 16-672, Arizona Revised Statutes, is amended to read:

16-672.

Contest of state election;

grounds;

venue;

damages A.

Any elector of the THIS state may contest the election of any person declared elected to a state office, or declared nominated to a state office at a primary election, or the declared result of an initiated or referred measure, or a proposal to amend the Constitution of Arizona, or other question or proposal submitted to vote of the people, upon ON any of the following grounds:

1.

For misconduct on the part of election boards or any members thereof OF ELECTION BOARDS in any of the counties of the THIS state, or on the part of any officer making or participating in a canvass for a state election.

RequiresThat athe person towhose beright determinedto criminallythe responsibleoffice ofis misconduct,contested fraudwas ornot illegalat votesthe totime beof liable for the costselection ofeligible ato court-orderedFOR secondthe election.office.

RemovesThat the classperson 2whose misdemeanorright classificationis forcontested, aor any person determinedacting byfor ahim, courthas given to bean responsibleelector, forinspector, misconduct,judge fraudor clerk of election, a bribe or illegalreward, votesor andhas liableoffered such A bribe or reward for the costspurpose of aprocuring court-orderedhis secondelection, election.or has committed any other offense against the elective franchise.

Amendment4. explanation prepared by Mike Hans 03/09/2022 Fifty-fifth Legislature Townsend Second Regular Session S.B.

1609On TOWNSENDaccount FLOORof AMENDMENTillegal SENATEvotes. AMENDMENTS TO S.B.

16095. (Reference to printed bill) Page 1, line 4, strike the fourth semicolon Line 5 strike "violation;

classification"That Lineby 40,reason strikeof "ORerroneous DECLAREDcount THEof NOMINEEvotes ATthe Aperson PRIMARY"declared insertelected "ATor Athe GENERAL"initiative Lineor 42,referred aftermeasure, "CARRIED"or insertproposal "ATto Aamend GENERALthe ELECTION"constitution, Pageor 2,other linequestion 3,or afterproposal "BE"submitted, insertwhich "CRIMINALLY"has Linebeen 5,declared strikecarried, "AND"did Linenot 6,in strikefact "ISreceive GUILTYthe OFhighest Anumber CLASSof 2votes MISDEMEANOR"for Amendthe titleoffice toor conforma KELLYsufficient TOWNSENDnumber 1609TOWNSEND0552.docxof 03/09/2022votes 05:52to PMcarry S:the measure, amendment, question or proposal.

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The contest may be brought in the superior court of IN the county in which the person contesting resides or in the superior court of IN Maricopa county.

C.

In a contest of the election of a person declared elected to a state office or of an initiated or referred measure, constitutional amendment, or other question or proposal, which has been declared carried, the attorney general may intervene, and upon ON demand, the place of trial of the contest shall be changed to Maricopa county, if commenced in another county.

D.

IF THE COURT DETERMINES THAT THE INITIAL PERSON DECLARED ELECTED AT A GENERAL ELECTION OR THAT THE CONTESTED MEASURE, CONSTITUTIONAL AMENDMENT OR OTHER QUESTION OR PROPOSAL THAT WAS DECLARED CARRIED AT A GENERAL ELECTION DID NOT IN FACT RECEIVE THE HIGHEST NUMBER OF VOTES OR A SUFFICIENT NUMBER OF VOTES TO PREVAIL, THE COURT SHALL ORDER THAT PORTION - 1 - S.B.

1609 OF THE ELECTION TO BE REPEATED.

THE NEW ELECTION SHALL BE CONDUCTED WITHIN NINETY DAYS AFTER THE COURT'S ORDER AND SHALL CONFORM AS NEARLY AS PRACTICABLE TO THE LAWS THAT OTHERWISE WOULD APPLY TO AN ELECTION.

E.

ANY PERSON DETERMINED BY THE COURT TO BE CRIMINALLY RESPONSIBLE FOR MISCONDUCT, FRAUD OR ILLEGAL VOTES IDENTIFIED UNDER SUBSECTION D OF THIS SECTION IS LIABLE FOR THE COSTS OF THE COURT-ORDERED SECOND ELECTION.

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