HB 2129 — write-in candidates; filings; ballots

2129 jurisdiction by the one hundred eightieth day before the election, the recorder or other officer in charge of elections is not required to send the election notice.

The notice shall include the dates of the elections that are the subject of the notice, the dates that the voter's ballot is expected to be mailed and the address where the ballot will be mailed.

If the upcoming election is a partisan open primary election and the voter is not registered as a member of one of the political parties that is recognized for purposes of that primary, the notice shall include information on the procedure for the voter to designate a political party ballot.

The notice shall be delivered with return postage prepaid and shall also include a means for the voter to do any of the following:

1.

Change the mailing address for the voter's ballot to another location in the voter's county of residence.

2.

Update the voter's residence address in the voter's county of residence.

3.

Request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice.

TheIf secretarythe notice that is mailed to the voter is returned undeliverable by the postal service, the county recorder or other officer in charge of stateelections shall notifytake the variousnecessary boardssteps ofto supervisorscontact asthe voter at the voter's new residence address in order to write-inupdate candidatesthat filingvoter's withaddress or to move the secretaryvoter ofto state'sinactive office.status as prescribed in section 16-166, subsection A.

TheIf countya schoolvoter superintendentis moved to inactive status, the voter shall notifybe removed from the appropriateactive -early 1voting -list H.B.AND MAY NOT RECEIVE AN EARLY BALLOT UNLESS THE VOTER UPDATES OR OTHERWISE CONFIRMS THE VOTER'S REGISTRATION INFORMATION.

2129If boardthe ofvoter supervisorsis asremoved from the active early voting list, the voter shall only be added to write-inthe candidatesactive filingearly withvoting list again if the superintendent'svoter office.submits a new request pursuant to this section.

The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements.

In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed.

No other write-ins shall be counted.

The election board inspector shall post the notice of official write-in candidates in a conspicuous location within the polling place.

ExceptNot aslater providedthan inthe sectionfirst 16-343,day subsectionof E,early avoting, candidatethe maycounty notrecorder fileor pursuantother officer in charge of elections shall mail an early ballot to thisall sectioneligible ifvoters anyWHO ofARE NOT LISTED AS INACTIVE AND WHO ARE included on the followingactive applies:early voting list in the same manner prescribed in section 16-542, subsection C.

If the voter has not returned the notice or otherwise notified the election officer within forty-five days before the election that the voter does not wish to receive an early ballot by mail for the election or elections indicated, the ballot shall automatically be scheduled for mailing.

G.

If a voter who is on the active early voting list is not registered as a member of a recognized political party and fails to notify the county recorder of the voter's choice for political party ballot within forty-five days before a partisan open primary election, the following apply:

ForThe avoter candidateshall innot theautomatically generalbe election,sent thea candidateballot ranfor inthat thepartisan immediatelyopen preceding primary election only and failedthe tovoter's bename nominatedshall toremain on the officeactive soughtearly invoting thelist currentfor election.future elections.

- 2 - H.B.

2129 2.

To receive an early ballot for the primary election, the voter shall submit the voter's choice for political party ballot to the county recorder.

H.

After a voter has requested to be included on the active early voting list, the voter shall be sent an early ballot by mail automatically for any election at which a voter at that residence address is eligible to vote until any of the following occurs:

1.

The voter requests in writing to be removed from the active early voting list.

ForThe avoter's candidateregistration inor theeligibility general election, the candidate filed a nomination petition for theregistration immediatelyis precedingmoved primary election for the office sought and failed to provideinactive astatus sufficientor numbercanceled of valid petition signatures as prescribedotherwise provided by sectionlaw. 16-322.

ForThe anotice candidatesent inby the primarycounty election,recorder theor candidateother filedofficer ain nominationcharge petitionof forelections theis currentreturned primaryundeliverable electionand for the officecounty soughtrecorder andor failedofficer toin providecharge a sufficient number of validelections petitionis signaturesunable asto prescribedcontact bythe sectionvoter 16-322,to withdrewdetermine from the primaryvoter's electioncontinued afterdesire a challenge was filed or was removed from or otherwise determined by court order to beremain ineligibleon for the primarylist. election ballot.

ForThe avoter candidatefails into thevote generalan election,early theballot candidatein filedall aelections nomination petition for nominationtwo otherconsecutive thanelection bycycles. primary for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-341.

G.For the purposes of this paragraph, "election" means any regular primary or regular general election for which there was a federal race on the ballot or for which a city or town candidate primary or first election or city or town candidate second, general or runoff election was on the ballot.

AThis personparagraph whodoes filesnot aapply nominationto: paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice-presidential running mate, the names of presidential electors who will represent that candidate and a statement signed by the vice-presidential running mate and designated presidential electors that indicates their consent to be designated.

(a) A nominationspecial papertaxing fordistrict eachthat presidentialis electorauthorized designatedpursuant shallto besection filed16-191 withto theconduct candidate'sits nominationown paper.elections.

The(b) numberA ofspecial presidentialdistrict electorsmail shallballot equalelection thethat numberis ofconducted Unitedpursuant Statesto senatorsarticle and8.1 representativesof in Congress from this state.chapter.

Sec.I.

A voter may make a written request at any time to be removed from the active early voting list.

The request shall include the voter's name, residence address, date of birth and signature.

On receipt of a completed request to remove a voter from the active early voting list, the county recorder or other officer in charge of elections shall remove the voter's name from the list as soon as practicable.

J.

An absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L.

99-410;

52 United States Code section 20310) is eligible to be placed on the active early voting list pursuant to this section.

K.

A voter's failure to vote an early ballot once received does not constitute grounds to remove the voter from the active early voting list, except that a county recorder shall remove a voter from the active early voting list if both of the following apply:

1.

The county recorder or other officer in charge of elections complies with subsection M of this section.

SectionThe 16-502,voter Arizonafails Revisedto Statutes,vote isusing amendedan toearly read:ballot in all of the following elections for two consecutive election cycles:

16-502.- 3 - H.B.

Form2129 (a) A regular primary and contentsregular ofgeneral ballotelection A.for which there was a federal race on the ballot.

Ballots(b) shallA becity printedor withtown blackcandidate inkprimary onor whitefirst paperelection of sufficient thickness to prevent the printing thereon from being discernible from the back, and thea samecity typeor shalltown becandidate usedsecond, forgeneral theor namesrunoff ofelection. all candidates.

TheL. ballots shall be headed "official ballot" in - 2 - H.B.

2129On bold-facedor plainbefore letters,January with15 of each odd-numbered year, the county recorder or other officer in charge of elections shall send a heavynotice ruleto aboveeach andvoter belowwho is on the heading.active early voting list and who did not vote an early ballot in all elections for two consecutive election cycles as prescribed by subsection K of this section.

ImmediatelyIf belowthe shallvoter behas placedprovided the wordsvoter's "typetelephone ofor election,mobile (datephone ofnumber election)"or andemail address to the namecounty ofrecorder, the county andrecorder statemay inadditionally whichprovide the electionnotice isto held.the voter by telephone call, text message or email.

The namenotice orshall numberinform of the precinctvoter inthat whichif the electionvoter iswishes heldto shallremain beon placedthe onactive early voting list, the ballotvoter inshall ado uniformboth locationof forthe allfollowing ballots.with the notice received:

No other matter shall be placed or printed at the head of any ballot.

Instructions to the voter on marking the ballot may be printed below the heading as follows:

PutConfirm ain markwriting according to the instructionsvoter's nextdesire to theremain nameon ofthe eachactive candidateearly forvoting eachlist. office for whom you wish to vote.

IfReturn youthe wishcompleted notice to votethe forcounty arecorder personor whoseother nameofficer isin notcharge printedof onelections thewithin ballot,ninety writedays suchafter name in the blanknotice spaceis providedsent on the ballot and put a mark according to the instructionsvoter. next to the name so written.

The notice shall be signed by the voter and shall contain the voter's address and date of birth.

M.

If a voter receives a notice as prescribed by subsection L of this section and the voter fails to respond within the ninety-day period, the county recorder or other officer in charge of elections shall remove the voter's name from the active early voting list.

N.

A candidate, political committee or other organization may distribute active early voting list request forms to voters.

If the active early voting list request forms include a printed address for return, that address shall be the political subdivision that will conduct the election.

Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the active early voting list request.

O.

All original and completed active early voting list request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate or political committee or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election.

Any person, political committee or other organization that fails to submit a completed active early voting list request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal.

Any person who knowingly fails to submit a completed active early voting list request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.

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2129 P.

A person who receives an early ballot at an address at which another person formerly resided, without voting the ballot or signing the envelope, shall write "not at this address" on the envelope and place the mail piece in a United States postal service collection box or other mail receptacle.

On receipt the county recorder or other officer in charge of elections shall proceed in the manner prescribed in subsection E of this section.

Q.

When the county recorder receives confirmation from another county that a person registered has registered to vote in that other county, the county recorder shall remove that person from the active early voting list.

R.

If the county recorder receives credible information that a person has registered to vote in a different county, the county recorder shall confirm the person's voter registration with that other county and, on confirmation, shall remove that person from the county's active early voting list pursuant to subsection Q of this section.

S.

For the purposes of this section, "election cycle" means the two-year period beginning on January 1 in the year after a statewide general election or, for cities and towns, the two-year period beginning on the first day of the calendar quarter after the calendar quarter in which the city's or town's second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city's or town's immediately following second, runoff or general election is scheduled, however that election is designated by the city or town.

Sec.

PutSection a16-550, markArizona accordingRevised toStatutes, theis instructionsamended next to theread: word "yes" or "for" for each proposition or question you wish to be adopted.

Put16-550. a mark according to the instructions next to the word "no" or "against" for each proposition or question you wish not to be adopted.

Receipt of voter's ballot;

cure period;

tracking system A.

Except for early ballots tabulated as prescribed in section 16-579.02 or, beginning in 2026, received at a voting location after a voter's identification is confirmed as prescribed by section 16-579, subsection A, paragraph 4, on receipt of the envelope containing the early ballot and the mail ballot affidavit, the county recorder or other officer in charge of elections shall compare the signature on the envelope with the signature of the elector on the elector's registration record as prescribed by section 16-550.01.

If the signature is inconsistent with the elector's signature on the elector's registration record, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the voter, advise the voter of the inconsistent signature and allow the voter to correct or the county to confirm the inconsistent signature.

The county recorder or other officer in charge of elections shall allow signatures to be corrected not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election.

If the election is a primary, general or special election that includes a federal - 5 - H.B.

2129 office AND THERE ARE OUTSTANDING BALLOTS THAT REQUIRE IDENTIFICATION OR BALLOT SIGNATURES TO BE CORRECTED OR CONFIRMED, in addition to the office's regular business hours, the county recorder's and any city or town clerks' offices that have an agreement with a county to be used as locations at which a voter may submit proof of identification shall be open during regular business hours to allow for curing signatures during the Friday and weekend before and the Friday and weekend after the election.

Regular business hours include at a minimum 8:00 a.m.

until 5:00 p.m.

IF THERE ARE NO BALLOTS REMAINING THAT REQUIRE IDENTIFICATION OR SIGNATURES TO BE CURED, THE COUNTY RECORDER AND CITY AND TOWN CLERKS ARE NOT REQUIRED TO BE OPEN DURING THE WEEKEND.

If the signature is missing, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the elector, advise the elector of the missing signature and allow the elector to add the elector's signature not later than 7:00 p.m.

on election day.

If satisfied that the signatures correspond, the recorder or other officer in charge of elections shall hold the envelope containing the early ballot and the completed mail affidavit unopened in accordance with the rules of the secretary of state.

Signatures that cannot be verified pursuant to section 16-550.01 or cured pursuant to this section shall be rejected.

If the ballot is a conditional provisional ballot, the voter shall provide proof of identification to the county recorder or other officer in charge of elections not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election.

Beginning with the first missing or mismatched signature that is identified after the period of early voting begins through the Monday immediately preceding the election, the county recorder or other officer in charge of elections shall submit daily to the political parties that are qualified for continued representation on the state ballot an updated list of all voters whose signatures are missing or inconsistent with the voter's signature on the voter's registration record.

Beginning on the Wednesday immediately following the election through the end of the signature cure period after a primary, general or special election that includes a federal office, or the third business day after the election for any other election, the county recorder or other officer in charge of elections shall submit daily to the political parties that are qualified for continued representation on the state ballot an updated list of all voters whose signatures are inconsistent with the voter's signature on the voter's registration record and all voters who voted with a conditional provisional ballot.

This list of voters whose signatures require curing shall include for those voters all voter information that is provided to the political parties that are qualified for continued representation on the state ballot as prescribed by section 16-168.

- 6 - H.B.

2129 B.

The recorder or other officer in charge of elections shall thereafter safely keep the mail ballot affidavits and early ballots in the recorder's or other officer's office and may deliver them for tallying pursuant to section 16-551.

C.

Processing and tabulation of individual ballots may begin immediately after the envelope and completed mail ballot affidavit are processed pursuant to this section and delivered to the early election board and shall continue without delay until completed.

Until election day, the early election board and the county recorder or other officer in charge of elections shall:

1.

Not access an aggregated complete results file of early voting and vote by mail ballots that were processed and tabulated by the end of the early voting period.

2.

Not produce for internal or external use an aggregated results report or associated files of complete results.

3.

Only produce a partial results report or associated files if it is part of the internal preparation for the hand count pursuant to section 16-602 or for the logic and accuracy testing required pursuant to section 16-449.

4.

Not publicly release complete or partial results, whether for internal or external use, until all precincts have reported or one hour after the closing of the polls on election day, whichever is earlier.

D.

The county recorder or other officer in charge of elections shall post on its website within forty-eight hours after all ballot tabulation is complete all system log files and other similar files from the election management system that verify compliance with subsection C of this section.

E.

The county recorder shall send a list of all voters who were issued early ballots to the election board of the precinct in which the voter is registered.

F.

For a county that uses early ballots, the county recorder or other officer in charge of elections shall provide an early ballot tracking system that indicates whether the voter's early ballot has been received and whether the early ballot has been verified and sent to be tabulated or rejected.

The county recorder or other officer in charge of elections shall provide voters with access to the early ballot tracking system on the county's website.

G.

This section does not apply to:

1.

A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.

2.

A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter.

- 7 - H.B.

2129 Sec.

4.

Section 16-558.01, Arizona Revised Statutes, is amended to read:

16-558.01.

Mailing of ballots Not more than twenty-seven days before the election and not fewer than fifteen days before the election, the county recorder or other officer in charge of elections for the special district shall send by nonforwardable mail all official ballots with printed instructions and a return envelope bearing a printed ballot MAIL affidavit as described in section 16-547 to each qualified elector WHO IS NOT LISTED AS INACTIVE AND WHO IS entitled to vote in the election.

The envelope in which the ballot is mailed shall be clearly marked with the statement required by the postmaster to receive an address correction and notification.

The district governing board shall determine whether the voter or the district governing board will pay for the postage for the return of electors' marked ballots.

An elector who votes in a special district mail ballot election shall return the elector's marked ballot to the recorder or other officer in charge of the election or to a designated depository site as provided in section 16-411 no NOT later than 7:00 p.m.

on the day of the election.

Sec.

5.

Section 16-558.02, Arizona Revised Statutes, is amended to read:

16-558.02.

Replacement ballots 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.

ImmediatelyThe belowrecorder theor ballotother instructionsofficer in charge of elections shall bekeep placeda therecord following:of each replacement ballot provided pursuant to this section.

Section One Partisan Ballot C.

ImmediatelyIf belowan theelector headingto forwhom sectiona onereplacement thereballot shallis beissued placedvotes inmore columnsthan theonce, namesonly of the candidatesfirst ofballot thereceived severalshall politicalbe parties.counted.

NextSec. to each candidate's name there shall be printed in bold-faced letters the name of the political party.

At6. the head of each column shall be printed the names of the offices to be filled with the name of each office being of uniform type size.

AtSection the16-602, headArizona ofRevised eachStatutes, columnis shallamended beto printedread: in the following order the names of candidates for:

16-602.

Tabulation designated margin;

hand counts;

vote count verification committee A.

For any primary, special or general election in which the votes are cast on an electronic voting machine or tabulator, the election judge shall compare the number of votes cast as indicated on the machine or tabulator with the number of votes cast as indicated on the poll list and the number of provisional ballots cast and that information shall be noted - 8 - H.B.

2129 in a written report prepared and submitted to the officer in charge of elections along with other tally reports.

B.

For each countywide primary, special, general and presidential preference election, the county officer in charge of the election shall conduct a hand count at one or more secure facilities.

The hand count shall be conducted as prescribed by this section and in accordance with hand count procedures established by the secretary of state in the official instructions and procedures manual adopted pursuant to section 16-452.

The hand count is not subject to the live video requirements of section 16-621, subsection D, but the party representatives who are observing the hand count may bring their own video cameras in order to record the hand count.

The recording shall not interfere with the conduct of the hand count and the officer in charge of the election may prohibit from recording or remove from the facility persons who are taking actions to disrupt the count.

The sole act of recording the hand count does not constitute sufficient grounds for the officer in charge of the election to prohibit observers from recording or to remove them from the facility.

The hand count shall be conducted in the following order:

PresidentialAt electors,least whichtwo shallpercent beof in a list and next to the listprecincts shall be printed in boldthat typecounty, theor surnametwo ofprecincts, thewhichever presidential candidate, and the surname of the vice presidential candidate who is seekinggreater, electionshall jointlybe withselected theat presidentialrandom candidatefrom shalla bepool listedconsisting directlyof belowevery theprecinct namein ofthat thecounty. presidential candidate.

The indicatorcounty forpolitical theparty selectionchairperson offor theeach presidentialpolitical andparty vicethat presidentialis candidatesentitled shall be directly next to thecontinued surnamerepresentation ofon the presidentialstate candidate,ballot andor onethe markchairperson's directlydesignee next to a presidential candidate's surname shall beconduct countedthe asselection aof vote for each elector in the listprecincts next to thebe presidentialhand andcounted. vice presidential candidates.

The precincts shall be selected by lot without the use of a computer, and the order of selection by the county political party chairpersons shall also be by lot.

The selection of the precincts shall not begin until all ballots voted in the precinct polling places have been delivered to the central counting center.

The unofficial vote totals from all precincts shall be made public before selecting the precincts to be hand counted.

Only the ballots cast in the polling places and ballots from direct recording electronic machines shall be included in the hand counts conducted pursuant to this section.

Provisional ballots, conditional provisional ballots and write-in votes shall not be included in the hand counts and the early ballots shall be grouped separately by the officer in charge of elections for purposes of a separate manual audit pursuant to subsection F of this section.

UnitedThe Statesraces senator.to be counted on the ballots from the precincts that were selected pursuant to paragraph 1 of this subsection for each primary, special and general election shall include up to five contested races.

After the county recorder or other officer in charge of elections separates the primary ballots by political party, the races to be counted shall be determined by selecting by lot without the use of a computer from those ballots as follows:

- 9 - H.B.

2129 (a) For a general election, one statewide ballot measure, unless there are no measures on the ballot.

(b) One contested statewide race for statewide office.

(c) One contested race for federal office, either United States senate or United States house of representatives.

If the United States house of representatives race is selected, the names of the candidates may vary among the sampled precincts.

(d) One contested race for state legislative office, either state house of representatives or state senate.

In either case, the names of the candidates may vary among the sampled precincts.

(e) IF THERE ARE NOT A SUFFICIENT NUMBER OF CONTESTED FEDERAL, STATEWIDE OR LEGISLATIVE RACES OR BALLOT MEASURES, ONE CONTESTED COUNTY RACE.

(e) (f) If there are fewer than four contested races resulting from the selections made pursuant to subdivisions (a) through (d) (e) of this paragraph and if there are additional contested federal, statewide, or legislative OR COUNTY races or ballot measures, additional contested races shall be selected by lot not using a computer until four races have been selected or until no additional contested federal, statewide, or legislative OR COUNTY races or ballot measures are available for selection.

(g) IF THERE ARE NOT A SUFFICIENT NUMBER OF CONTESTED RACES RESULTING FROM THE SELECTIONS MADE PURSUANT TO SUBDIVISIONS (a) THROUGH (f) OF THIS PARAGRAPH, ADDITIONAL UNCONTESTED RACES SHALL BE SELECTED BY LOT NOT USING A COMPUTER UNTIL UP TO FIVE RACES HAVE BEEN SELECTED.

(f) (h) If there are no contested races as prescribed by this paragraph, a hand count shall not be conducted for that precinct for that election.

RepresentativesFor inthe Congress.presidential preference election, select by lot two percent of the polling places designated and used pursuant to section 16-248 and perform the hand count of those ballots.

TheFor severalthe statepurposes offices.of this section, a write-in candidacy in a race does not constitute a contested race.

-5. 3 - H.B.

2129In 5.elections in which there are candidates for president, the presidential race shall be added to the four categories of hand counted races.

The6. several county and precinct offices.

Each county chairperson of a political party that is entitled to continued representation on the state ballot or the chairperson's designee shall select by lot the individual races to be hand counted pursuant to this section.

7.

Political party designees who are selected pursuant to this paragraph shall perform the hand count under the supervision of the county officer in charge of elections.

The county officer in charge of elections shall provide compensation for those selected to perform the hand count, not to include travel, meal or lodging expenses.

The hand count shall not - 10 - H.B.

2129 proceed unless the political parties provide the officer in charge of elections in writing a sufficient number of persons pursuant to this paragraph by 5:00 p.m.

on the Thursday preceding the election and a sufficient number of persons prescribed by this paragraph arrive to perform the hand count.

IF A POLITICAL PARTY DESIGNEE FAILS TO APPEAR FOR THE HAND COUNT AUDIT, THE COUNTY CHAIRPERSON OR THE STATE PARTY CHAIRPERSON OF EACH POLITICAL PARTY MAY SELECT PERSONS FROM ANY POLITICAL PARTY IF THE SELECTION OF PERSONS WHO PERFORM THE HAND COUNT COMPLIES WITH SUBDIVISION (e) OF THIS PARAGRAPH AND DOES NOT DELAY THE HAND COUNT.

Political party designees shall be selected to perform the hand count as follows:

(a) The county chairperson of each political party shall designate and provide to both the county officer in charge of elections and the state party chairperson the number of hand count board members as designated by the county officer in charge of elections.

If the county party chairperson fails to designate a sufficient number of hand count board workers, the state party chairperson shall designate qualified electors to be hand count board workers.

If the county PARTY chairpersons and the state party chairpersons fail to designate a sufficient number of hand count board workers, the highest-ranking official holding a statewide office of each political party shall designate qualified electors to be hand count board workers.

For the purposes of this subdivision, the ranking of officials holding statewide office shall be governor, secretary of state, attorney general, state treasurer, superintendent of public instruction, corporation commissioners in order of seniority, mine inspector, senate majority and minority leaders and house of representatives majority and minority leaders.

(b) The political parties shall provide to the county officer in charge of elections in writing the names of those persons intending to participate in the hand count at the audited precincts not later than 5:00 p.m.

on the second Tuesday preceding the election.

(c) If the total number of hand count board workers provided by all parties is less than the number designated by the county officer in charge of elections, the county officer in charge of elections shall notify the parties of the shortage not later than 9:00 a.m.

on the second Wednesday preceding the election and the political parties have until 9:00 a.m.

on the second Thursday preceding the election to provide the county officer in charge of elections with an additional list of qualified electors AND ALTERNATES who are willing to participate in the hand count.

(d) The county officer in charge of elections shall distribute the list provided pursuant to subdivision (c) of this paragraph to the county chairperson and state chairperson of each recognized political party in the county and state not later than 5:00 p.m.

on the second Friday preceding the election.

- 11 - H.B.

2129 (e) The selection of persons to perform the hand count shall ensure that not more than seventy-five percent of the persons conducting the hand count are members of the same political party.

(f) The county recorder or county officer in charge of elections may prohibit persons from participating in the hand count if the persons are taking actions to disrupt the count or are unable to perform the duties as assigned.

8.

If a political party is not represented by a designated chairperson within a county, the state chairperson for that political party, or a person designated by the state chairperson, may perform the actions required by the county chairperson as specified in this section.

C.

If the randomly selected races result in a difference in any race that is less than the designated margin when compared to the electronic tabulation of those same ballots, the results of the electronic tabulation constitute the official count for that race.

If the randomly selected races result in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation of those same ballots, a second hand count of those same ballots and races shall be performed.

If the second hand count results in a difference in any race that is less than the designated margin when compared to the electronic tabulation for those same ballots, the electronic tabulation constitutes the official count for that race.

If the second hand count results in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation for those same ballots, the hand count shall be expanded to include a total of twice the original number of randomly selected precincts.

Those additional precincts shall be selected by lot without the use of a computer.

TheIn namesany expanded count of candidatesrandomly forselected precincts, if the officesrandomly ofselected stateprecinct senatorhand andcounts stateresult representativein alonga withdifference thein districtany numberrace shallthat beis placedequal withinto or greater than the headingdesignated ofmargin eachwhen columncompared to the rightelectronic tabulation of thethose officesame nameballots, forthe statefinal officeshand andcount immediatelyshall belowbe theextended candidatesto forinclude the officeentire ofjurisdiction governor.for that race.

TheIf numberthe ofjurisdictional theboundary supervisorialfor districtthat race would include any portion of whichmore athan candidateone iscounty, athe nomineefinal hand count shall not be printedextended withininto the headingprecincts of eachthat columnrace tothat theare rightoutside of the namecounty ofthat is conducting the office.expanded hand count.

If the expanded hand count results in a difference in that race that is less than the designated margin when compared to the electronic tabulation of those same ballots, the electronic tabulation constitutes the official count for that race.

TheIf listsa offinal thehand candidatescount ofis performed for an entire jurisdiction for a race, the severalfinal partieshand count shall be arrangedrepeated withfor thethat namesrace ofuntil thea partieshand incount descendingfor orderthat accordingrace tofor the votesentire castjurisdiction forresults governorin fora count that countyis inidentical theto mostone recentother generalhand electioncount for thethat officerace offor governor,the commencingentire with- the12 left-hand- column.H.B.

In2129 thejurisdiction caseand of political parties that didhand notcount haveconstitutes candidates on the ballotofficial incount thefor last general election, such parties shall be listed in alphabetical order below the parties that didrace. have candidates on the ballot in the last general election.

The names of all candidates nominated under section 16-341 shall be placed in a single column below that of the recognized parties.

Next to the name of each candidate, in parentheses, shall be printed a three-letter abbreviation that is taken from the three words prescribed in the candidate's certificate of nomination.

ImmediatelyAfter belowthe electronic tabulation of early ballots and at one or more times selected by the designationchairperson of the officepolitical parties entitled to becontinued votedrepresentation on the ballot or the chairperson's designee, the chairpersons or the chairpersons' designees shall randomly select one or more batches of early ballots that have been tabulated to include at least one batch from each machine used for tabulating early ballots and those ballots shall appearbe securely sequestered by the words:county recorder or officer in charge of elections along with their unofficial tally reports for a postelection manual audit.

"VoteThe forchairpersons notor morethe thanchairpersons' _________"designees (insertshall therandomly select from those sequestered early ballots a number equal to beone elected).percent of the total number of early ballots cast or five thousand early ballots, whichever is less.

From those randomly selected early ballots, the county officer in charge of elections shall conduct a manual audit of the same races that are being hand counted pursuant to subsection B of this section.

If the manual audit of the early ballots results in a difference in any race that is equal to or greater than the designated margin when compared to the electronically tabulated results for those same early ballots, the manual audit shall be repeated for those same early ballots.

If the second manual audit results in a difference in that race that is equal to or greater than the designated margin when compared to the electronically tabulated results for those same early ballots, the manual audit shall be expanded only for that race to a number of additional early ballots equal to one percent of the total early ballots cast or an additional five thousand ballots, whichever is less, to be randomly selected from the batch or batches of sequestered early ballots.

If the expanded early ballot manual audit results in a difference for that race that is equal to or greater than the designated margin when compared to any of the earlier manual counts for that race, the manual counts shall be repeated for that race until a manual count results in a difference in that race that is less than the designated margin.

If at any point in the manual audit of early ballots the difference between any manual count of early ballots is less than the designated margin when compared to the electronic tabulation of those ballots, the electronic tabulation shall be included in the canvass and no further manual audit of the early ballots shall be conducted.

InDuring eachany columnhand atcount theof rightearly orballots, leftthe ofcounty theofficer namein charge of eachelections candidate and onelection theboard sameworkers lineshall thereattempt shallto bedetermine athe placeintent forof the voter toin putcasting athe mark.ballot.

Below the name of the last named candidate for each office there shall be as many blank lines as there are offices QUALIFIED WRITE-IN CANDIDATES FOR THAT OFFICE PLUS ONE ADDITIONAL BLANK LINE, NOT TO EXCEED THE NUMBER OF SEATS FOR AN OFFICE of the same title to be filled, with a place for the voter to put a mark.

IF THERE ARE NO QUALIFIED WRITE-IN CANDIDATES FOR AN OFFICE, THERE SHALL BE ONE BLANK LINE, WITH A PLACE FOR THE VOTER TO PUT A MARK.

On the blank line the voter may write the name of any person for whom the voter desires to vote whose name is not printed, and next to the name so written the voter shall designate his choice by a mark as in the case of printed names.

WhenNotwithstanding thereany areother twolaw, or more candidates of the samecounty politicalofficer partyin forcharge the same office, or more than one candidate for a judicial office, the names of allelections such candidates shall beretain socustody alternatedof on the ballots usedfor inpurposes eachof electionperforming districtany thatrequired thehand namecounts ofand eachthe candidateofficer shall appearprovide substantiallyfor ansecurity equalfor numberthose ofballots. times in each possible location.

If- there13 are- fewerH.B. or the same number of candidates seeking office than the number to be elected, the rotation of names is not required and the names shall be placed in alphabetical order.

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ImmediatelyThe belowhand counts prescribed by this section oneshall begin within twenty-four hours after the closing of the ballotpolls and shall be placedcompleted before the following:canvassing of the election for that county.

SectionThe Twocounty Nonpartisanshall Ballotmake J.available on the county's website the results of those hand counts and shall provide the results to the secretary of state, who shall make those results publicly available on the secretary of state's website.

ImmediatelyJ. below the heading for section two shall be placed the names of the candidates for justices of the supreme court, judges of the court of appeals, judges of the superior court standing for retention or rejection pursuant to article VI, section 38, Constitution of Arizona, judges of the superior court standing for election pursuant to article VI, section 12, Constitution of Arizona, school district officials and other nonpartisan officials in a column or in columns without partisan or other designation except the title of office in an order determined by the officer in charge of the election.

For any county in which a hand count has been expanded to all precincts in the jurisdiction, the secretary of state shall make available the escrowed source code for that county to the superior court.

The superior court shall appoint a special master to review the computer software.

The special master shall have expertise in software engineering, shall not be affiliated with an election software vendor nor with a candidate, shall sign and be bound by a nondisclosure agreement regarding the source code itself and shall issue a public report to the court and to the secretary of state regarding the special master's findings on the reasons for the discrepancies.

The secretary of state shall consider the reports for purposes of reviewing the certification of that equipment and software for use in this state.

ImmediatelyThe belowvote thecount officesverification listedcommittee is established in subsectionthe Joffice of this section, the ballotsecretary shall contain a separate heading of anystate nonpartisan office for a vacant unexpired term and shallall include the expiration date of the termfollowing ofapply: the vacated office.

L.

All proposed constitutional amendments and other propositions or questions to be submitted to the voters shall be printed immediately below the names of candidates for nonpartisan positions in such order as the secretary of state, or if a city or town election, the city or town clerk, designates.

Placement of county and local charter amendments, propositions or questions shall be determined by the officer in charge of the election.

Except as provided by section 19-125, each proposition or question shall be followed by the words "yes" and "no" or "for ______" and "against ______" as the nature of the proposition or question requires, and at the right or left of and next to each of such words shall be a place for the voter to put a mark according to the instructions that is similar in size to those places appearing opposite the names of the candidates, in which the voter may indicate his vote for or against such proposition or question by a mark as defined in section 16-400.

M.

Instead of printing the official and descriptive titles or the full text of each measure or question on the official ballot, the officer in charge of elections may print phrases on the official ballot that contain all of the following:

TheAt numberleast thirty days before the 2006 primary election, the secretary of state shall appoint seven persons to the measurecommittee, innot reversemore typethan andthree atof leastwhom twelveare pointmembers TWELVE-POINTof type.the same political party.

TheMembers designation of the measurecommittee asshall prescribedhave byexpertise sectionin 19-125,any subsectiontwo C or asmore aof question,the propositionareas orof charteradvanced amendment,mathematics, followedstatistics, byrandom theselection wordsmethods, "relatingsystems to..."operations andor insertingvoting thesystems. subject.

EitherA theperson statementis prescribednot byeligible sectionto 19-125,be subsectiona Dcommittee member if that describesperson thehas effectsbeen ofaffiliated awith "yes"or votereceived andany aincome "no"in votethe or,preceding forfive otheryears measures,from theany textperson ofor theentity questionthat provides election equipment or proposition.services in this state.

The wordsvote "yes"count andverification "no"committee orshall "for"meet and "against",establish asone mayor bemore appropriatedesignated andmargins ato placebe forused in reviewing the voterhand tocounting putof avotes mark.as required pursuant to this section.

-The 5committee -shall H.B.review and consider revising the designated margins every two years for use in the applicable elections.

2129The N.committee shall provide the designated margins to the secretary of state at least ten days before the primary election and at least ten days before the general election, and the secretary of state shall make that information publicly available on the secretary of state's website.

For5. any ballot printed pursuant to subsection M of this section, the instructions on the official ballot shall direct the voter to the full text of the official and descriptive titles and the questions and propositions as printed on the sample ballot and posted in the polling place.

-Members 6of -the vote count verification committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

The committee is a public body and its meetings are subject to title 38, chapter 3, article 3.1 and its reports and records are subject to title 39, chapter 1.

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2129 Sec.

7.

2026 justice precinct candidates;

nomination papers, petitions and signatures A.

Notwithstanding any other law, for candidates for election in 2026 to the office of justice of the peace or constable, the following apply:

1.

If the candidate statement of interest, nomination paper and nomination petition are in compliance with otherwise applicable law, the filing officer shall accept as a valid filing the nomination paper and nomination petition of a person that designate a justice precinct for that person's candidacy and that use any or all of the following:

(a) The candidate's justice precinct as used in the 2024 election.

(b) The candidate's justice precinct as changed or redistricted by the county pursuant to section 22-101, Arizona Revised Statutes.

(c) The candidate's district as designated as a result of a redistricting plan that is ordered for use in the upcoming election by a court of competent jurisdiction.

2.

If the candidate nomination paper and nomination petition are in compliance with otherwise applicable law, the filing officer shall accept and petition signers are valid if the petition signers are registered voters who are residents of any or all of the following districts that the candidate proposes to represent:

(a) The candidate's justice precinct as used in the 2024 election.

(b) The candidate's justice precinct as changed or redistricted by the county pursuant to section 22-101, Arizona Revised Statutes.

(c) The candidate's district as designated as a result of a redistricting plan that is ordered for use in the upcoming election by a court of competent jurisdiction.

B.

This section does not apply to a special election to fill a vacancy for the office of justice of the peace or constable.

APPROVED BY THE GOVERNOR MAY 13, 2025.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 13, 2025.

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