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Recount laws in Arizona
From Ballotpedia
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Each state has its own series of recount laws. The separation of powers clause in the constitution has largely placed the responsibility for conducting on state governments. Here is a summary of the recount laws in Arizona.Note: Before taking any action, or if you have any questions, contact your state election agency.
Arizona voting equipment
Arizona uses Direct Recording Electronic Method systems; a verified paper audit trail is required.
Arizona recount procedures
An automatic recount is required when the margin between the two candidates with the greatest number of votes for a particular office is either less than 0.1% of votes cast or does not exceed 200 votes for statewide offices or 50 votes for offices in the state legislature. [1] When the canvass shows a recount is required for a statewide office or a congressional race, the Secretary of State certifies the facts requiring the recount to thesuperior court in Maricopa County. [2] The court enters an order requiring a recount in accord with state requirements regarding election vote counting. [3] Where the vote was conducted on electronic voting equipment, the recount is conducted on an automatic tabulating system furnished and programmed by the Secretary of State. § 16-664. The results are presented to the court and the court announces the results and enters an order describing its determination. [4] The state or county pays the costs of the recount.[5]
Recount requests are not permitted. Barrera v. Superior Court, 117 Ariz. 528, 573 P.2d 928 (App. Div.2 1977).
Arizona vote contest procedures
There are no specific contest procedures in the Arizona code for federal elections. A voter may contest an election for a state or local office on the following grounds:
- misconduct on the part of election boards or any members, or on the part of any officer making or participating in a canvass for a state election;
- ineligibility of the person elected to the office; (3) offenses against the elective franchise committed by the person elected; # illegal votes; or
- an erroneous count of votes such that the person declared elected did not in fact receive the number of votes sufficient to carry the election. § 16-672. The contest regarding state office elections may be brought in the superior court in which the contestor resides or in Maricopa County, and must be filed within five days of the completion of the canvass.[6] The contest
regarding local office elections may be brought in the superior court in which the contestor resides within five days of the completion of the canvass. [7] The court considers such contests under an expedited schedule.[8]
References
- ↑ Arizona Revised Statutes Annotated § 16-661.
- ↑ Arizona Revised Statutes Annotated § 16-662.
- ↑ Arizona Revised Statutes Annotated § 16-663.
- ↑ Arizona Revised Statutes Annotated §16-665.
- ↑ Arizona Revised Statutes Annotated § 16-666.
- ↑ Arizona Revised Statutes Annotated §§ 16-672, 16-673.
- ↑ Arizona Revised Statutes Annotated § 16-674.
- ↑ Arizona Revised Statutes Annotated § 16-676.
