HB 2785
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: MOE DP 5-4-0-0
HB 2785: primary; identification; canvass; recounts; ballots
Sponsor: Representative Kolodin, LD 3
Caucus & COW
Overview
An emergency measure that modifies certain procedures and deadlines related to the conduct
of elections.
Provisions
Primary Election Dates
1. Designates July 30, 2024, as the date on which the 2024 primary election must be held.
(Sec. 29)
2. Designates, beginning in 2026, the second Tuesday in May in the year of a general or
special election at which candidates for public office will be elected, as the primary
election date. (Sec. 2)
3. Prohibits, beginning in 2026, an election from being held on the third Tuesday in May.
(Sec. 3)
Canvass Requirements
4. Establishes the following canvassing deadlines for the governing board of a county:
a) for primary elections, the second Monday after the election; and
b) for general elections, the third Thursday after the election. (Sec. 20)
5. Establishes the following canvassing deadlines for the Secretary of State:
a) for primary elections, the third Thursday after the election; and
b) for general elections, the third Monday after the election. (Sec. 20)
6. Prohibits the Board of Supervisors from postponing the canvass of primary and general
elections. (Sec. 20)
7. Authorizes the Board of Supervisors to deliver an electronic copy of the official canvass to
the Secretary of State provided that they first mail he official canvass with a postmark or
similar date and time indicator. (Sec. 22)
8. Allows the Secretary of State to conduct and issue the statewide canvass upon receipt of
the electronic copy of the official canvass from the Board of Supervisors if the electronic
copy includes a scan or other evidence that the official canvass was mailed before the
electronic version was sent. (Sec. 22)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal Note HB 2785
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Automatic Recount Provisions
9. Directs the Secretary of State to certify the facts requiring a recount to the Maricopa
County Superior Court within 24 hours of the last county canvass if the county canvasses
show that a recount is required. (Sec. 24)
10. Allows a required hand count audit of recount results to be conducted simultaneously
with the court-ordered recount. (Sec. 25)
11. Requires the Secretary of State to conduct logic and accuracy testing on the automated
tabulating system to be used in a recount within two calendar days after the court orders
a recount. (Sec. 26)
12. Authorizes the Secretary of State to contract staff to assist in conducting the logic and
accuracy testing on automatic tabulating equipment to be used in the recount of votes.
(Sec. 26)
13. Establishes minimum requirements for contracted staff conducting logic and accuracy
testing. (Sec. 26)
14. Specifies the Secretary of State may request assistance from the United States Election
Assistance Commission's Field Services Program staff to review logic and accuracy
testing programs and results. (Sec. 26)
15. Allows a candidate whose election results are within the automatic recount margin to
submit to the filing officer, a signed statement declining to pursue a recount. (Sec. 24)
16. Specifies the signed statement opting out of a recount must be received by the filing officer
before the time of the post-election logic and accuracy testing. (Sec. 24)
17. Instructs the filing officer, upon receipt of a signed statement opting out of a recount, to
not certify to the superior court the facts requiring a recount. (Sec. 24)
Signature Verification
18. Asserts that all signatures that cannot be cured or verified must be rejected. (Sec. 13)
19. Directs the County Recorder or officer in charge of elections to conduct signature
verification on all early ballots, except for early ballots tabulated on-site. (Sec. 14)
20. Requires the evaluator to examine all broad characteristics of signatures. (Sec. 14)
21. Authorizes the evaluator to accept a signature as valid if the broad characteristics of the
signature on the ballot affidavit are clearly consistent with the broad characteristics of
the voter's signature in the voter's registration record. (Sec. 14)
22. Instructs the evaluator to examine the local characteristics of a signature if the evaluator
finds discrepancies between the signature on the ballot affidavit and the voter's signature
in the voter's registration record. (Sec. 14)
23. Specifies that if the local characteristics of the signature on the ballot affidavit are clearly
consistent with the local characteristics of the signature on the voter's registration record,
the evaluator may accept the signature as valid. (Sec. 14)
24. Directs the evaluator to flag a signature for a second review if they find a combination of
broad and local characteristic differences between the signature on the ballot affidavit
and the signature in the voter's registration record. (Sec. 14) HB 2785
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25. Clarifies that an evaluator conducting a second review must use the same standards
outlined above. (Sec. 14)
26. Requires electronic signatures to be evaluated using the standards outlined above. (Sec.
14)
27. Mandates electronic signatures using typed font be rejected. (Sec. 14)
28. Exempts a ballot affidavit from signature verification if the ballot affidavit contains a
voter's mark and is accompanied by the signature of a voter assistant. (Sec. 14)
29. Contains a Legislative intent statement specifying that the illustrations of broad and
local characteristics in the Secretary of State's 2020 signature verification guide are
intended to be used as a reference. (Sec. 14)
30. Defines broad characteristics, evaluator, local characteristics and signature verification.
(Sec. 14)
Signature Curing
31. Instructs the County Recorder or officer in charge of elections, to submit a daily, updated
list of all voters with missing or inconsistent signatures to the two largest political parties
in the state during the following periods:
a) once the first missing or mismatched signature is identified after the period of early
voting begins through the Monday proceeding the election; and
b) the Wednesday immediately following the election through the fifth calendar day after
primary, general or special elections that include a federal office or three business
days after any other election. (Sec. 13)
32. Mandates specified information to be included in the list of voters whose signatures
require curing. (Sec. 13)
33. Modifies, from five business days to five calendar days after a primary general or special
election that includes a federal office, the signature cure period. (Sec. 13)
34. Directs the County Recorder's office to be open and to allow for signatures to be cured
during the weekend before and after primary, general or special elections that include a
federal office. (Sec. 13)
Early Voting Provisions
35. Specifies that the processing and tabulation of individual ballots may begin immediately
upon receipt of early ballots and must continue without delay until completed. (Sec. 13)
36. Prohibits, until election day, the County Recorder, early election board or officer in charge
of elections from:
a) accessing any 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;
b) producing, for internal or external use, an aggregated results report or any associated
files of complete results; and
c) publicly releasing any complete or partial results until all precincts have reported or
one hour before the closing of the polls, whichever is earlier. (Sec. 13)
37. Allows the County Recorder, early election board or officer in charge of elections to
produce a partial results report or associated files if it is part of the internal preparation
for a hand count audit or the logic and accuracy testing. (Sec. 13) HB 2785
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38. Requires the County Recorder or officer in charge of elections to post all system log files
and other similar files from the election management system on their website to verify
compliance with the requirements outlined above. (Sec. 13)
39. Allows, beginning in 2026, a voter to provide identification when presenting their mailed
early ballot at any voting location and if the following requirements are met the voter's
early ballot is deemed ready for tabulating and additional signature verification is not
required:
a) the voter presents valid identification that complies with the law;
b) the election official confirms the voter's name and address on their identification
reasonably matches the name and address in the voter's registration record; and
c) the election official places the early ballot and affidavit in a secured ballot box labeled
for verified early ballots or stamps the signed affidavit with a stamp that reads ID
Verified. (Sec. 17)
40. Requires election officials to:
a) maintain a tally of the number of ballots that are deposited in the secured ballot box
labeled for verified early ballots;
b) sign an affidavit that includes the election official's name, the polling location, the
time and date, the number of early ballots deposited according to the tally and a
statement sufficient to record and maintain the chain of custody for verified ballots.
(Sec. 17)
41. Alters, from 5:00 p.m. to 7:00 p.m. on the Friday before the election, the time by which an
on-site early voting location established by the County Recorder may remain open. (Sec.
11)
42. Conforms the printed instructions sent to early voters with the appropriate requirements
outlined in this bill. (Sec. 12)
Pre-Election Procedures
43. Reduces, from five to two calendar days after receiving the sample ballot, the time during
which the county chairman of each political party, and any candidate in that election who
has submitted and confirmed their email address, must suggest any proposed changes to
their party's ballot. (Sec. 9, 10)
44. Modifies, from October 1 to July 1 of the year before a general election, the date by which
each county must establish and define election precincts. (Sec. 7)
45. Designates the effective date of new precinct boundaries as October 1 of the year before a
general election. (Sec. 8)
46. Specifies the number of qualified electors that must sign nomination petitions must be
calculated based on the total number of registered voters reported on October 1 of the
year before the general election. (Sec. 5)
47. Clarifies that signatures on a nomination petition form that were collected prior to the
effective date of this act, that includes the previous primary election date of August 6,
2024, may be lawfully submitted for the July 30, 2024, primary election. (Sec. 30)
48. States that local initiative petition forms that were circulated prior to the effective date
of this act and include the previous primary election date of August 6, 2024, may be
lawfully submitted for the July 30, 2024, primary election. (Sec. 30) HB 2785
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49. Requires the Secretary of State to determine the political parties qualified for continued
representation on the ballot by August 1 of the appropriate year and directs the counties
to provide the relevant information to determine this qualification by June 30 of the
preceding year. (Sec. 27)
50. Alters the time by which members of a political party must choose county precinct
committeemen. (Sec. 28)
Provisional Ballot Research
51. Decreases, from ten to five calendar days after a primary, general or special election that
includes a federal office, the time period during which provisional ballots must be
researched and verified. (Sec. 18)
52. Decreases, from five to three business days after all other elections, the time period
during which provisional ballots must be researched and verified. (Sec. 18)
High Schools and School District Offices
53. Requires, beginning in 2026, high schools that are operated by a school district to be
closed on every regular primary and general election day except that teachers and staff
must receive in service training or conduct development activities. (Sec. 1)
54. Specifies that teachers and staff cannot use personal, vacation or other leave time on
regular primary and general election days. (Sec. 1)
55. Clarifies that a school district may provide employees time off to vote as outlined in
statute. (Sec. 1)
56. Mandates, beginning in 2026, high schools operated by a school district and school district
offices to provide sufficient space for use as a polling place for state and local elections at
the request of the officer in charge of elections. (Sec. 7)
Appropriations
57. Appropriates $1,200,000 from the state General Fund from the federal Help America Vote
Act monies allocated to the Secretary of State to the Secretary of State in FY 2024 for
distribution to the counties to acquire and improve electronic pollbooks. (Sec. 31)
58. Appropriates $_________ from the Citizens Clean Elections Fund to the Secretary of State
in FY 2024 to distribute to the counties for the following purposes:
a) $_________ for voter education regarding the changes to election laws and procedures
established by this act, including the changed 2024 primary election date; and
b) $_________ for voter education regarding the changes to election laws and procedures
established by this act, including the changed 2026 primary election date. (Sec. 31)
59. Instructs the Secretary of State to distribute all of the above appropriated monies to the
counties on a pro rata basis that is based on each county's number of registered voters as
reported on January 2, 2024. (Sec. 31)
60. Exempts the appropriations outlined above from lapsing. (Sec. 31)
Miscellaneous Provisions
61. Contains an emergency clause. (Sec. 32)
62. Makes technical and conforming changes. (Sec. 3, 4, 5, 6, 7, 9, 11, 13, 15, 16, 17, 18, 19,
21, 23, 25, 27)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal Note