Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2205
election procedures manual; authority
Purpose
Asserts that the requirement for the Secretary of State (SOS) to adopt an official instruction
and procedures manual, referred to as the Elections Procedures Manual (EPM), must not be
construed as an excessive delegation of Legislative powers.
Background
Statute requires the SOS to prescribe rules to achieve and maintain the maximum degree
of correctness, impartiality, uniformity and efficiency on the procedures for voting, early voting
and of producing, distributing, collecting, counting, tabulating and storing ballots. The SOS must
also adopt rules regarding fax transmittal of unvoted ballots, ballot requests, voted ballots and
other election materials to and from absent uniformed and overseas citizens, and internet receipt
of requests for federal postcard applications. These rules must be prescribed in an official
instruction and procedures manual issued no later than December 31 of each odd-numbered year
preceding the general election. The manual must be approved by the Governor and Attorney
General (A.R.S. ยง 16-452).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Asserts that the requirement for the SOS to adopt an EPM must not be construed as an
excessive delegation of Legislative powers.
2. Specifies that the EPM has the force of law only for the provisions the Legislature has
specifically authorized the SOS to include.
3. Specifies that sections of the EPM included pursuant to the general grant of authority for the
SOS to prescribe rules to achieve and maintain correct and impartial elections procedures do
not have the force of law.
4. Becomes effective on the general effective date.
House Action
JUDE 1/21/25 DP 4-3-0-0
3
rd
Read 2/20/25 33-26-1
Prepared by Senate Research
March 3, 2025
ZD/AW/ci