16-351. Limitations on appeals of validity of nomination petitions; disqualification of candidate
A. Any elector filing any court action challenging the nomination of a candidate as provided for in this chapter shall do so not later than 5:00 p.m. of the tenth day, excluding Saturday, Sunday and other legal holidays, after the last day for filing nomination papers and petitions. The elector shall specify in the action the petition number, line number and basis for the challenge for each signature being challenged. Failure to specify this information shall result in the dismissal of the court action. Within ten days after the filing of the action, the superior court shall hear and render a decision on the matter. The decision is appealable only to the supreme court, and notice of appeal shall be filed within five days after the decision of the superior court in the action. The supreme court shall hear and render a decision on the appeal promptly.
B. Any elector may challenge a candidate for any reason relating to qualifications for the office sought as prescribed by law, including age, residency, professional requirements or failure to fully pay fines, penalties or judgments as prescribed in sections 16-311, 16-312 and 16-341, if applicable.
C. In any action challenging a nomination petition, the following persons are indispensable parties to the action and shall be named and served as defendants:
1. The candidate whose petition is the subject of the challenge.
2. The officer with whom the petitions are required to be filed.
3. The board of supervisors and the recorder of each county or the clerk of each city or town who is responsible for preparing the ballots that contain the challenged candidate's name.
D. For the purposes of an action challenging nomination petitions, the board of supervisors and the recorder of each county or the clerk of each city or town responsible for preparing the ballots that contain the challenged candidate's name and each person filing a nomination petition under this chapter appoints the officer with whom the candidate files the nomination paper and petitions as the person's agent to receive service of process. In an action challenging a nomination petition process shall be served immediately after the action is filed and in no event more than twenty-four hours after filing the action, excluding Saturdays, Sundays and other legal holidays. Immediately on receipt of process served on the officer as agent for a person filing a nomination petition, the officer shall mail the process to the person and shall notify the person by telephone of the filing of the action.
E. The county recorder or other officer in charge of elections shall perform petition signature verifications for nomination petition challenges for signatures of qualified electors who are residents of that county and shall provide testimony and other evidence on request of any of the parties to the challenge.
F. Notwithstanding the system used pursuant to section 16-163, subsection D, the most current version of the general county register at the time of filing of a court action challenging a nomination petition constitutes the official record to be used to determine on a prima facie basis by the challenger that the signer of a petition was not registered to vote at the residence address given, or at the address on the general county register if a mailing address was given, on the date of signing of the petition. This subsection does not preclude the challenged candidate from introducing into evidence a certified copy of the registration form of any signer of a petition dated on or before the date of the signing of the petition if the registration form is in the possession of the county recorder but has not yet been filed in the general county register.
G. In addition to the procedures set forth in this section, all petitions that have been submitted by a candidate who is found guilty of petition forgery shall be disqualified and that candidate shall not be eligible to seek election to a public office for a period of not less than five years.
Structure Arizona Revised Statutes
Title 16 - Elections and Electors
§ 16-101 - Qualifications of registrant; definition
§ 16-102 - Power of attorney; prohibited use
§ 16-104 - Registration in incorporated cities and towns
§ 16-105 - Registration required by city ordinance or charter
§ 16-112 - Driver license voter registration
§ 16-120 - Eligibility to vote
§ 16-121 - Qualified elector; definition
§ 16-121.01 - Requirements for proper registration; violation; classification
§ 16-122 - Registration and records prerequisite to voting
§ 16-123 - Proof of location of residence
§ 16-124 - Public officer residing in county of post of duty
§ 16-125 - Change of residence to different county during twenty-nine day period preceding election
§ 16-126 - Authority to vote in presidential election after moving from state
§ 16-127 - Federal only voters; early ballot; eligibility; exemption
§ 16-128 - Clerk of the court; secretary of state; county recorder; notice of conviction
§ 16-131 - Registration of electors; deputy registrars
§ 16-132 - Voter registration assistance; hunting, fishing, trapping licenses; definitions
§ 16-133 - Voter registration events; website posting
§ 16-135 - Change of residence from one address to another
§ 16-136 - Change of political party
§ 16-138 - Voter registration database; federal only voters; analysis; annual report; investigation
§ 16-139 - Registration expenses as county charge
§ 16-140 - Voter registration assistance agencies; definitions
§ 16-141 - Armed forces recruiting offices; voter registration assistance
§ 16-143 - Federal only voters; attorney general; investigation; report
§ 16-144 - Same day voter registration prohibited; violation; classification
§ 16-145 - Automatic voter registration prohibited
§ 16-151 - Forms for registration supplied by county recorder and secretary of state
§ 16-153 - Voter registration; confidentiality; definitions
§ 16-161 - Official record of registration; federal form; reporting
§ 16-162 - Retention of registration forms and record of cancellation
§ 16-165 - Causes for cancellation; report
§ 16-166 - Verification of registration
§ 16-168.01 - County contributions to the voter registration system fund; exemption
§ 16-169 - Disposition and use of precinct registers; signature roster; form
§ 16-170 - Transmittal of signature roster to county recorder; comparison of names by recorder
§ 16-171 - Preservation of signature rosters as permanent records
§ 16-172 - Use of county registration rolls by political subdivisions
§ 16-173 - County recorder to file data processing system or program
§ 16-181 - Return of registration; violation; classification
§ 16-182 - False registration; classification; cancellation of registration
§ 16-183 - Violations; classification
§ 16-184 - Additional violations; classification
§ 16-193 - Active registered voters; applicability
§ 16-202 - Notice of offices for which candidates are to be nominated at primary
§ 16-203 - Primary election for nomination of candidates in municipalities
§ 16-204 - Declaration of statewide concern; consolidated election dates; definition
§ 16-205 - Election dates; notice; administration
§ 16-212 - Election of presidential electors; electoral college votes; vacancy; replacement
§ 16-213 - Election of United States senator
§ 16-221 - Special election to fill vacancy in Congress
§ 16-222 - Vacancy in the office of United States senator or representative
§ 16-225 - Special district election dates
§ 16-226 - Nonpartisan elections; local elections; time of calling; definition
§ 16-227 - Publication or posting of call of election for nonpartisan elections
§ 16-228 - Notice of election for nonpartisan elections
§ 16-229 - Affidavit of compliance
§ 16-230 - Vacancy in certain state or county offices; election
§ 16-241 - Presidential preference election; conduct of election
§ 16-242 - Qualifications for ballot; nomination paper
§ 16-243 - National convention delegates; vote for candidates
§ 16-244 - Representation on ballot
§ 16-245 - Form and content of ballot
§ 16-246 - Early balloting; satellite locations; additional procedures
§ 16-247 - Write-in candidates prohibited
§ 16-248 - Designation of polling places
§ 16-249 - Certification of election to parties; automatic recount inapplicable; tabulation
§ 16-250 - Expenses of election
§ 16-301 - Nomination of candidates for printing on official ballot of general or special election
§ 16-302 - Failure to nominate candidate in primary election
§ 16-311 - Nomination papers; statement of interest; filing; definitions
§ 16-312 - Filing of nomination papers for write-in candidates
§ 16-313 - Filing of nomination paper and petitions for special primary election
§ 16-314 - Filing and form of nomination petitions; definition
§ 16-315 - Form of petitions; registration of circulators
§ 16-317 - Secure online signature collection; municipal, county and precinct committeeman offices
§ 16-318 - Secure online signature collection; federal offices
§ 16-321 - Signing and certification of nomination petition; definition
§ 16-322 - Number of signatures required on nomination petitions
§ 16-331 - Election of superior court judges by declared divisions of court
§ 16-332 - Election of justices of supreme court or judges of court of appeals by declared terms
§ 16-333 - Preparation and filing of nominating petition for certain judicial offices
§ 16-342 - Special election nominations by delegate convention
§ 16-343 - Filling vacancy caused by death or incapacity or withdrawal of candidate
§ 16-344 - Office of presidential elector; appointment by state committee chairman
§ 16-351 - Limitations on appeals of validity of nomination petitions; disqualification of candidate
§ 16-351.01 - Nomination challenges; expenses
§ 16-401 - Applicability of general election law to primary elections
§ 16-403 - City or town elections; duties of officers
§ 16-404 - Preparation of polling place; voting booths; ballot boxes for paper ballots
§ 16-405 - Preparation for elections
§ 16-406 - Public display of voting equipment
§ 16-407.01 - Election administration; private monies prohibited
§ 16-407.02 - Elections training classes; statement; water; registration form
§ 16-407.03 - Election deadlines; filings; violation; classification
§ 16-408 - Cost of special district elections; bond
§ 16-409 - Certain cities, towns and school districts; mail ballot elections; report
§ 16-410 - Cancellation of certain elections; appointment to office; filling vacancies
§ 16-412 - Effective date of new precincts
§ 16-413 - Precincts; special district boundaries
§ 16-441 - Effective date of article; approval of counting equipment
§ 16-442 - Committee approval; adoption of vote tabulating equipment; experimental use; emergency
§ 16-442.01 - Accessible voting technology; recommendations; certification; applicability
§ 16-443 - Authorization of use at all elections
§ 16-444 - Definitions; applicability of general laws
§ 16-445 - Filing of computer election programs with secretary of state
§ 16-446 - Specifications of electronic voting system
§ 16-447 - Voting devices; inspection; specifications and number of booths
§ 16-448 - Write-in votes; instructions
§ 16-449 - Required test of equipment and programs; notice; procedures manual
§ 16-450 - Location and acquisition of vote tabulating devices
§ 16-451 - Cost; means of financing
§ 16-462 - Form of paper ballot
§ 16-464 - Rotation of names on ballots
§ 16-465 - Arrangement of candidates' names at primary election
§ 16-467 - Method of voting on ballot
§ 16-468 - Form of ballot; optical scanning system; sample ballots
§ 16-501 - Compliance with primary election law as prerequisite to printing name on ballot
§ 16-502 - Form and contents of ballot
§ 16-504 - Antifraud ballot paper; vendor certification; antifraud measures
§ 16-507 - Presentation of presidential candidates on ballot
§ 16-508 - Number of ballots furnished each polling place
§ 16-509 - Delivery of ballots to election officers
§ 16-510 - Sample ballots; preparation and distribution
§ 16-511 - Duty of board of supervisors to furnish election supplies to precinct officers
§ 16-512 - Displaying United States flag at polls
§ 16-513 - Instructions for voters and election officers; overvote notice
§ 16-513.01 - Right to vote a provisional ballot; notice
§ 16-514 - Notice to voters; form
§ 16-515 - "Seventy-five foot limit" notices; posting; violation; classification
§ 16-531 - Appointment of election boards; qualifications
§ 16-533 - Filling vacancy in election board by electors
§ 16-535 - Election marshal; appointment; powers and duties
§ 16-536 - Compensation of election board officers
§ 16-537 - Powers and duties of election officers with respect to special elections
§ 16-542 - Request for ballot; civil penalties; violation; classification
§ 16-543 - Application for ballot; United States service; emergency procedures
§ 16-543.02 - Federal write-in early ballots; procedure; registration form
§ 16-544 - Active early voting list; civil penalty; violation; classification; definition
§ 16-547 - Ballot affidavit; form
§ 16-548 - Preparation and transmission of ballot
§ 16-550 - Receipt of voter's ballot; cure period
§ 16-550; Version 2 - Receipt of voter's ballot; cure period; tracking system
§ 16-551 - Early election board; violation; classification
§ 16-552 - Early ballots; processing; challenges
§ 16-558 - Special districts; mail ballot election option; conduct
§ 16-558.01 - Mailing of ballots
§ 16-558.02 - Replacement ballots
§ 16-562 - Preparation and arrangement of polling place with voting booths and ballot boxes
§ 16-563 - Posting sample ballots, instruction cards and notice to voters before opening polls
§ 16-565 - Hours polls opened and closed; proclamation of opening and closing polls
§ 16-566 - Opening and closing of polling place; unused ballots
§ 16-570 - Conduct of election; duties of officers; placing machines
§ 16-571 - Poll lists to be kept by election clerk; posting
§ 16-572 - Delivery and custody of ballots at polling place
§ 16-573 - Substitution of ballots when official ballots not available
§ 16-574 - Repair or substitution of machines; use of paper ballots
§ 16-579 - Procedure for obtaining ballot by elector
§ 16-579.01 - Early ballots; on-site tabulation
§ 16-579.02 - Election day early ballot on-site tabulation procedure; fund
§ 16-580 - Manner of voting; assistance for certain electors
§ 16-581 - Elderly persons; persons with disabilities; inaccessible polling places; definitions
§ 16-583 - Voter not on precinct register; inactive voter list; procedure
§ 16-585 - Spoiled ballots; disposition
§ 16-590 - Appointment of challengers and party representatives
§ 16-591 - Grounds for challenging an elector
§ 16-592 - Proceedings on challenge; disposition of ballot
§ 16-593 - Rules determining residence of voter upon challenge; reading of rules upon request
§ 16-594 - List of challenges, grounds and rulings
§ 16-603 - Inspection of ballots by party representative
§ 16-604 - Election integrity fund; purpose; exemption
§ 16-607 - Statements of tally
§ 16-608 - Delivery of ballots; electronic voting system
§ 16-609 - Questioned legality of ballots; procedure
§ 16-610 - Uncertainty of voter's choice as cause for rejection
§ 16-611 - Certain defects invalidating vote for particular office
§ 16-612 - Determination of write-in choice of voter
§ 16-614 - Signing of tally lists after completion of tally
§ 16-615 - Delivery of returns
§ 16-616 - Preparation and disposition of unofficial returns
§ 16-617 - Transmittal of signature roster and precinct registers after election
§ 16-621 - Proceedings at the counting center
§ 16-622 - Official canvass; unofficial results
§ 16-623 - Copy of abstract of vote of certain counties filed with secretary of state
§ 16-624 - Disposition of official returns and ballots
§ 16-625 - Electronic data and digital images; ballots; security
§ 16-642 - Canvass of election; postponements
§ 16-644 - Effect of want of form in precinct returns
§ 16-646 - Statement, contents and mailing of official canvass
§ 16-647 - Declaration of election to office; delivery of certificate of election
§ 16-648 - Canvass for state offices, amendments and measures; postponement
§ 16-649 - Determination of tie vote; notice to candidates; exception
§ 16-650 - Declaration of election to office; delivery of certificate of election
§ 16-651 - Proclamation by governor on amendments and initiated and referred measures
§ 16-661 - Automatic recount; requirements
§ 16-662 - Certification to superior court of facts requiring recount
§ 16-663 - Recount of votes; method
§ 16-664 - Recount of votes by automatic tabulating system
§ 16-665 - Determination of results by court; distribution of copies of order of determination
§ 16-666 - Expenses of recount
§ 16-667 - Supplementary nature of article
§ 16-671 - Contest of primary elections
§ 16-672 - Contest of state election; grounds; venue
§ 16-673 - Statement of contest; verification; filing
§ 16-674 - Contest of county or other election
§ 16-675 - Summons; form; answer
§ 16-676 - Time for hearing contest; continuance; findings of the court; judgment
§ 16-677 - Inspection of ballots before trial; petition; bond; appointment of inspectors
§ 16-678 - Inapplicability of article to contests of election of legislators
§ 16-701 - Applicability of election laws
§ 16-702 - Number of delegates
§ 16-703 - Qualifications of candidates for delegate; nominations
§ 16-706 - Meeting of delegates in convention
§ 16-707 - Organization of convention
§ 16-708 - Journal of proceedings
§ 16-709 - Certificate of ratification
§ 16-710 - Compensation and mileage of delegates
§ 16-711 - Congressional provisions as superseding article
§ 16-801 - Representation of new party on ballot at primary and general elections
§ 16-802 - Representation of new party on ballot for county or municipal election
§ 16-807 - Political parties trust fund
§ 16-821 - County committee; vacancy in office of precinct committeeman
§ 16-822 - Precinct committeemen; eligibility; vacancy; duties; term
§ 16-823 - Legislative district committee; organization; boundary change; reorganization
§ 16-824 - Meeting, organization and officers of county committee
§ 16-825.01 - State committee; vacancy; filling of vacancy
§ 16-826 - Meeting, organization and officers of state committee
§ 16-827 - Executive committee of state committee
§ 16-901.01 - Limitations on certain unreported expenditures and contributions
§ 16-905 - Committee qualification; requirements; exemption; adjustments
§ 16-906 - Committee statement of organization; amendment; committee limitation
§ 16-907 - Committee recordkeeping; treasurer; accounts
§ 16-908 - Mega PAC status qualification
§ 16-911 - Exemption from definition of contribution
§ 16-912 - Individual contribution limits; requirements
§ 16-913 - Candidate committee contribution limits; requirements
§ 16-914 - Political action committee contribution limits; requirements
§ 16-915 - Political party contribution limits; requirements
§ 16-917 - Partnership contribution limits; requirements
§ 16-918 - Earmarking prohibited
§ 16-921 - Exemptions from definition of expenditure
§ 16-922 - Independent and coordinated expenditures
§ 16-925 - Advertising and fundraising disclosure statements
§ 16-926 - Campaign finance reports; contents
§ 16-927 - Campaign finance reporting period
§ 16-928 - Filing officer; statements and reports
§ 16-931 - Biennial adjustments; committee registration; contribution limits
§ 16-933 - Transfer and disposal of committee monies; limitations
§ 16-934 - Termination statement; filing; contents
§ 16-937 - Failure to file; penalties; notice; suspension
§ 16-938 - Enforcement authority; investigation; reasonable cause; notice of violation; appeal
§ 16-940 - Findings and declarations
§ 16-941 - Limits on spending and contributions for political campaigns
§ 16-942 - Civil penalties and forfeiture of office
§ 16-943 - Criminal violations and penalties
§ 16-945 - Limits on early contributions
§ 16-946 - Qualifying contributions
§ 16-947 - Certification as a participating candidate
§ 16-948 - Controls on participating candidates' campaign accounts
§ 16-949 - Controls on spending from citizens clean elections fund
§ 16-950 - Qualification for clean elections funding
§ 16-951 - Clean elections funding
§ 16-952 - One-party-dominant legislative district
§ 16-953 - Return of monies to the citizens clean elections fund
§ 16-954 - Disposition of excess monies
§ 16-955 - Citizens clean election commission; structure
§ 16-956 - Voter education and enforcement duties
§ 16-957 - Enforcement procedure
§ 16-958 - Manner of filing reports
§ 16-959 - Inflationary and other adjustments of dollar values
§ 16-1001 - Applicability of penal provisions
§ 16-1002 - Counterfeiting or distributing unlawful ballots; classification
§ 16-1003 - False endorsement, knowing destruction or delay in delivery of ballot; classification
§ 16-1005 - Ballot abuse; violation; classification
§ 16-1006 - Changing vote of elector by corrupt means or inducement; classification
§ 16-1007 - Election officer ascertaining or disclosing elector's vote; classification
§ 16-1008 - Election officer changing vote of elector by menace or reward; classification
§ 16-1009 - Failure or refusal to perform duty by election officer; classification
§ 16-1010 - Refusal by election officer to perform duty; violation of election law; classification
§ 16-1011 - Counterfeiting election returns; violation; classification
§ 16-1012 - Intimidation of elector by employer; classification
§ 16-1013 - Coercion or intimidation of elector; classification
§ 16-1014 - Corruption of electors; classification
§ 16-1015 - Election wagers; classification
§ 16-1017 - Unlawful acts by voters with respect to voting; classification
§ 16-1018 - Additional unlawful acts by persons with respect to voting; classification
§ 16-1019 - Political signs; printed materials; tampering; violation; classification
§ 16-1020 - Signing of petitions; violation; classification
§ 16-1021 - Enforcement by attorney general and county, city or town attorney
§ 16-1022 - Campaign finance violations; classification
§ 16-1101 - Redistricting; legislative district designation
§ 16-1103 - Legislative and congressional redistricting; census enumeration