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| 55 | 66 | | AN ACT |
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| 59 | 70 | | amending sections 16-642 and 16-646, Arizona Revised Statutes; relating to conduct of elections. |
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| 65 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 69 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 16-642, Arizona Revised Statutes, is amended to read: START_STATUTE16-642. Canvass of election; postponements A. The governing body holding an election shall meet and acknowledge without PREJUDICE the canvass of the election as follows: 1. The governing board of a county shall meet and acknowledge without PREJUDICE the canvass of the election as follows: (a) For the primary election, not later than the second Monday after the election. (b) For the general election, not later than the third Thursday after the election. 2. The secretary of state shall acknowledge without PREJUDICE the canvass of the election as follows: (a) For the primary election, not later than the third Thursday after the election. (b) For the general election, not later than the third Monday after the election. 3. The governing body of a city, town or special district shall meet and acknowledge without PREJUDICE the canvass of the election not less than six days and not more than twenty days following the election. B. The governing body of a special district as defined in title 48 shall present to the board of supervisors a certified copy and an acknowledgement without PREJUDICE of the official canvass of the election at the next regularly scheduled meeting of the board of supervisors. For purposes of contesting a special district election as described in section 16-673, the canvass is not complete until the presentation to the board of supervisors is made. C. If, at the time of the meeting of the governing body, the returns from any polling place in the election district where the polls were opened and an election held are found to be missing, the acknowledgement without PREJUDICE of the canvass of the election shall be postponed from day to day until all the returns are received or until six postponements have been had. The This subsection does not apply to the county board of supervisors' acknowledgement without PREJUDICE of the canvass of the primary and general election. END_STATUTE Sec. 2. Section 16-646, Arizona Revised Statutes, is amended to read: START_STATUTE16-646. Statement, contents and mailing of official canvass A. When the result of the canvass is determined and acknowledged without PREJUDICE as prescribed by section 16-642, a statement, known and designated as the official canvass, shall be entered on the official record of the election district that shall show shows: 1. The number of ballots cast in each precinct and in the county. 2. The number of ballots rejected in each precinct and in the county. 3. The titles of the offices voted for and the names of the persons, together with the party designation, if any, of each person voted for to fill the offices. 4. The number of votes by precincts and county received by each candidate. 5. For each candidate race in each political subdivision prescribed by section 16-204.01, the number of ballots cast and the number of active registered voters in each political subdivision and portion of a political subdivision for which a candidate may be elected. 6. The numbers and a brief title of each proposed constitutional amendment and each initiated or referred measure voted on. 7. The number of votes by precincts and county for and against such proposed amendment or measure. B. The certified permanent copy of the official canvass for all offices and ballot measures and its acknowledgment without PREJUDICE by the CANVASSING body, except offices and ballot measures in a city or town election and nonpartisan election returns, shall be mailed immediately to the secretary of state who shall maintain and preserve it as a permanent public record. C. The board of supervisors shall first mail with a postmark or other similar date and time indicator, then deliver electronically a copy of the official canvass for all offices and ballot measures in the primary and general elections to the secretary of state in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county election officials. The uniform format shall be designed to facilitate the computer analysis of election results for offices and ballot measures that are statewide or are common to more than one county. The electronic copy of the official canvass from the board of supervisors is sufficient for the secretary of state to conduct and issue the statewide canvass if the electronic copy includes a scan or other similar evidence that the paper official canvass was mailed before the electronic version was sent. D. The certified permanent copy of the official canvass for all offices and ballot measures in a city or town election and its acknowledgment without prejudice by the governing body shall be filed with the appropriate city or town clerk, or in a special district election with the clerk of the board of supervisors, who shall maintain and preserve it as a permanent public record. END_STATUTE |
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| 70 | 81 | | |
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| 71 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 72 | 83 | | |
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| 73 | 84 | | Section 1. Section 16-642, Arizona Revised Statutes, is amended to read: |
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| 74 | 85 | | |
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| 75 | 86 | | START_STATUTE16-642. Canvass of election; postponements |
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| 76 | 87 | | |
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| 77 | 88 | | A. The governing body holding an election shall meet and acknowledge without PREJUDICE the canvass of the election as follows: |
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| 78 | 89 | | |
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| 79 | 90 | | 1. The governing board of a county shall meet and acknowledge without PREJUDICE the canvass of the election as follows: |
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| 80 | 91 | | |
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| 81 | 92 | | (a) For the primary election, not later than the second Monday after the election. |
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| 82 | 93 | | |
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| 83 | 94 | | (b) For the general election, not later than the third Thursday after the election. |
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| 84 | 95 | | |
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| 85 | 96 | | 2. The secretary of state shall acknowledge without PREJUDICE the canvass of the election as follows: |
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| 86 | 97 | | |
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| 87 | 98 | | (a) For the primary election, not later than the third Thursday after the election. |
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| 88 | 99 | | |
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| 89 | 100 | | (b) For the general election, not later than the third Monday after the election. |
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| 90 | 101 | | |
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| 91 | 102 | | 3. The governing body of a city, town or special district shall meet and acknowledge without PREJUDICE the canvass of the election not less than six days and not more than twenty days following the election. |
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| 92 | 103 | | |
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| 93 | 104 | | B. The governing body of a special district as defined in title 48 shall present to the board of supervisors a certified copy and an acknowledgement without PREJUDICE of the official canvass of the election at the next regularly scheduled meeting of the board of supervisors. For purposes of contesting a special district election as described in section 16-673, the canvass is not complete until the presentation to the board of supervisors is made. |
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| 94 | 105 | | |
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| 95 | 106 | | C. If, at the time of the meeting of the governing body, the returns from any polling place in the election district where the polls were opened and an election held are found to be missing, the acknowledgement without PREJUDICE of the canvass of the election shall be postponed from day to day until all the returns are received or until six postponements have been had. The This subsection does not apply to the county board of supervisors' acknowledgement without PREJUDICE of the canvass of the primary and general election. END_STATUTE |
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| 96 | 107 | | |
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| 97 | 108 | | Sec. 2. Section 16-646, Arizona Revised Statutes, is amended to read: |
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| 98 | 109 | | |
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| 99 | 110 | | START_STATUTE16-646. Statement, contents and mailing of official canvass |
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| 100 | 111 | | |
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| 101 | 112 | | A. When the result of the canvass is determined and acknowledged without PREJUDICE as prescribed by section 16-642, a statement, known and designated as the official canvass, shall be entered on the official record of the election district that shall show shows: |
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| 102 | 113 | | |
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| 103 | 114 | | 1. The number of ballots cast in each precinct and in the county. |
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| 104 | 115 | | |
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| 105 | 116 | | 2. The number of ballots rejected in each precinct and in the county. |
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| 106 | 117 | | |
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| 107 | 118 | | 3. The titles of the offices voted for and the names of the persons, together with the party designation, if any, of each person voted for to fill the offices. |
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| 108 | 119 | | |
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| 109 | 120 | | 4. The number of votes by precincts and county received by each candidate. |
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| 110 | 121 | | |
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| 111 | 122 | | 5. For each candidate race in each political subdivision prescribed by section 16-204.01, the number of ballots cast and the number of active registered voters in each political subdivision and portion of a political subdivision for which a candidate may be elected. |
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| 112 | 123 | | |
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| 113 | 124 | | 6. The numbers and a brief title of each proposed constitutional amendment and each initiated or referred measure voted on. |
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| 114 | 125 | | |
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| 115 | 126 | | 7. The number of votes by precincts and county for and against such proposed amendment or measure. |
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| 116 | 127 | | |
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| 117 | 128 | | B. The certified permanent copy of the official canvass for all offices and ballot measures and its acknowledgment without PREJUDICE by the CANVASSING body, except offices and ballot measures in a city or town election and nonpartisan election returns, shall be mailed immediately to the secretary of state who shall maintain and preserve it as a permanent public record. |
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| 118 | 129 | | |
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| 119 | 130 | | C. The board of supervisors shall first mail with a postmark or other similar date and time indicator, then deliver electronically a copy of the official canvass for all offices and ballot measures in the primary and general elections to the secretary of state in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county election officials. The uniform format shall be designed to facilitate the computer analysis of election results for offices and ballot measures that are statewide or are common to more than one county. The electronic copy of the official canvass from the board of supervisors is sufficient for the secretary of state to conduct and issue the statewide canvass if the electronic copy includes a scan or other similar evidence that the paper official canvass was mailed before the electronic version was sent. |
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| 120 | 131 | | |
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| 121 | 132 | | D. The certified permanent copy of the official canvass for all offices and ballot measures in a city or town election and its acknowledgment without prejudice by the governing body shall be filed with the appropriate city or town clerk, or in a special district election with the clerk of the board of supervisors, who shall maintain and preserve it as a permanent public record. END_STATUTE |
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