HB 2440
Initials JH/MB Page 1 Federalism, Military Affairs & Elections
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2440: attorney general; election certification; prohibition
Sponsor: Representative Keshel, LD 17
Committee on Federalism, Military Affairs & Elections
Overview
Prohibits the Attorney General from prosecuting a member of a Board of Supervisors for
voting against the certification of an election in specified circumstances.
History
The governing board of a county must meet and canvass the results of a primary election no
later than the second Monday after the election or the third Thursday after the general
election. The secretary of state must conduct their election canvass no later than the third
Thursday after the primary election or the third Monday after the general election (A.R.S. §
16-642).
Provisions
1. Prohibits the Attorney General from bringing criminal or civil actions against a County
Board of Supervisors member based on their vote against the certification of an election
canvass if they do so in a good faith belief or if they have been presented documentation
or evidence showing irregularities or errors in the election process. (Sec. 1)
2. Specifies the measure does not preclude the Attorney General from investigating or
prosecuting other election-related offenses not directly tied to a member of the County
Board of Supervisors voting against an election canvass certification. (Sec. 1)
3. Defines good faith belief and documentation or other evidence. (Sec. 1)
4. Contains a delayed effective date of January 1, 2026. (Sec. 2)
5. Contains a severability clause. (Sec. 3)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note