Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2440
attorney general; election certification; prohibition
Purpose
Effective January 1, 2026, prohibits the Attorney General (AG) from prosecuting, bringing
criminal charges against or filing a civil action against a member of a county board of supervisors
(BOS) based on the member's vote against the certification of an election canvass, when outlined
conditions apply.
Background
The governing body holding an election must meet and canvass the election as prescribed,
including: 1) by the second Monday after the primary election or the third Thursday after the
general election, for the county BOS; 2) by the third Thursday after the primary election or the
third Monday after the general election, for the Secretary of State (SOS); and 3) between 6 and 20
days following the election, for the governing body of a city, town or special district. When the
result of a canvass is determined, a statement designated as the official canvass must be entered in
the election district's official record and the certified permanent copy of the official canvass for all
offices and ballot measures, as prescribed, must be mailed immediately to the SOS to maintain and
preserve the official canvass as a permanent public record. The certified permanent copy of the
official canvass for all offices and ballot measures in a city or town election must be filed with the
appropriate city or town clerk, or for a special district election, with the clerk of the county BOS
(A.R.S. §§ 16-642 and 16-646).
A public officer upon whom an election related duty is statutorily imposed, who knowingly
fails or refuses to perform that duty in the manner prescribed by law, is guilty of a class 3
misdemeanor. The AG may enforce the statutes that govern elections through civil and criminal
action for any election for state office, members of the Legislature, justices of the Supreme Court,
judges of the Court of Appeals or statewide initiative or referendum. In any special district election,
the county attorney of any county in which the district or a portion of the district is located or the
AG may enforce the laws governing such election (A.R.S. §§ 16-1009 and 16-1021).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits the AG from prosecuting, bringing criminal charges against or filing a civil action
against a member of a county BOS based on the member's vote against the certification of an
election canvass, if the member's vote is based on:
a) a good faith belief that there are unresolved issues that materially affect the integrity or
accuracy of the election results; or
b) documentation or other evidence that was presented to the county BOS that suggests
potential irregularities or errors in the election process. FACT SHEET
H.B. 2440
Page 2
2. Specifies that the outlined prohibition does not preclude the AG from investigating or
prosecuting other election-related offenses that are unrelated to the vote of a county BOS
member against the certification of an election canvass.
3. Specifies that documentation or other evidence includes official reports, audits, sworn
affidavits or expert testimony.
4. Defines good faith belief as a belief that is honestly held by the person and that is not arbitrary,
capricious or driven by partisan motives.
5. Contains a severability clause.
6. Becomes effective on January 1, 2026.
House Action
FMAE 2/5/25 DP 4-3-0-0
3
rd
Read 3/5/25 33-24-3
Prepared by Senate Research
March 24, 2025
ZD/KS/ci