Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2319
elections; rule of construction
Purpose
States that the Legislature finds that public confidence in elections is best maintained by
maximizing transparency and providing a rule of construction for interpreting statute as it relates
to the conduct of elections.
Background
The general rules of construction for Arizona laws require liberal interpretation of the
object of the law unless the intent of the Legislature is inconsistent with the construction (A.R.S.
§ 1-211). Statute outlines the requirements relating to the conduct of elections, including the:
1) registration of electors; 2) conduct of elections; and 3) campaign financing (A.R.S. Title 16).
The Secretary of State creates an instructions and procedures manual (EPM) to achieve and
maintain the maximum degree of correctness, impartiality, uniformity and efficiency of the
procedures for early voting and voting, and of producing, distributing, collecting, counting,
tabulating and storing ballots (A.R.S. § 16-452). The EPM outlines requirements and procedures
relating to elections, including: 1) the registration of electors; 2) voting equipment; 3) ballot
tabulation; and 4) pre-election day and post-election day procedures (EPM).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Declares the Legislature's intent that:
a) the Legislature finds that public confidence in elections is best maintained by maximizing
transparency and providing a rule of construction for interpreting statute relating to
elections, including the EPM;
b) the purpose of the statute relating to elections is to provide the people of the state with a
transparent system for conducting elections therefore, competing interpretations of statute
relating to the conduct of elections must not be given equal weight; and
c) rather, if there are two competing interpretations, the statute relating to elections must be
liberally construed in favor of the reading that provides greater transparency.
2. Becomes effective on the general effective date.
House Action
MOE 1/25/23 DP 6-4-0-0
3
rd
Read 2/28/23 31-26-3
Prepared by Senate Research
March 16, 2023
AN/CS/slp