Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1265
voting; elections; tally; prohibition
Purpose
Requires the person who receives the highest number of legal votes in an election to be
declared elected. Prohibits a voting method or nomination process that includes the ranking of
candidates or allows candidates to be eliminated through multiple rounds of tabulation.
Background
A primary election must be held on the first Tuesday in August in any year when a general
or special election is held (A.R.S. § 16-201). A candidate, for partisan elections, must be nominated
in a primary election to appear on the general election ballot. A candidate may either be nominated
by: 1) winning a recognized political party's election; or 2) receiving nomination petition
signatures from qualified electors (EPM Ch. 6 (6)(I)(A)(1)). A candidate seeking nomination to
appear on the general election ballot through a primary election must be a qualified elector in the
electoral district for the office sought and a member of the political party for which the candidate
is seeking nomination (A.R.S. § 16-311). For a partisan primary election, the candidate who
receives the largest number of votes must be declared the party nominee for the office and a
certificate of nomination must be issued by the county board of supervisors (county BOS). In the
general election, the candidate who receives the largest number of votes must be declared elected
and the county BOS or designee must issue a certificate of election (EPM Ch. 13 (13)(I)).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires, for an election held in Arizona, the person who receives the highest number of legal
votes to be declared elected.
2. Prohibits a voting method or nomination process that:
a) allows voters to select or rank, designate or indicate approval of or preference for more
candidates than are eligible to be declared elected for any office;
b) allows ballots cast to be tabulated in any manner that eliminates candidates through multiple
rounds of tabulation or the transfer or redistribution of votes between or among candidates;
and
c) requires ranking of every candidate for an office as a condition of a vote being counted in
the final tally.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2023
AN/CS/slp