A.R.S. tit. 16 ch. 2 — Arizona Revised Statutes Title 16 Chapter 2 — Election Dates

16-201. Primary elections A primary election shall be held on the second to last Tuesday in July in any year in which a general election or special election is held and at which candidates for public office are to be elected. 16-202. Notice of offices for which candidates are to be nominated at primary At least one hundred twenty days before the date of a regular primary election, the secretary of state shall prepare and transmit to the board of supervisors of each county a notice in writing designating the state and federal offices for which candidates are to be nominated at the primary election. 16-203. Primary election for nomination of candidates in municipalities A primary election for nominations of candidates entitling the nominated candidates to have their names printed on the official ballots at municipal elections in incorporated cities and towns shall be held not less than thirty days prior to the elections. 16-204. Declaration of statewide concern; consolidated election dates; definition A. The legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary. B. For elections held before 2014 and notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an election held for or on behalf of a county, city or town, a school district, a community college district or special districts organized pursuant to title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following dates: 1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections, including recall elections and special elections to fill vacancies, shall be held on: (a) The second Tuesday in March. (b) The third Tuesday in May. (c) The tenth Tuesday before the first Tuesday after the first Monday in November. (d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48. 2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on: (a) The tenth Tuesday before the first Tuesday after the first Monday in November. (b) The first Tuesday after the first Monday in November. C. For elections held before 2014, for any city or town, including a charter city, that holds its regularly scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2 of this section, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election. D. Subsections B and C of this section do not apply to an election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII, section 2 or 3 or article XII, section 5, Constitution of Arizona. E. Beginning with elections held in 2014 and later and notwithstanding any other law or any charter or ordinance to the contrary, a candidate election held for or on behalf of any political subdivision of this state other than a special election to fill a vacancy or a recall election may only be held on the following dates and only in even-numbered years: 1. Beginning in 2026 and later, the second to last Tuesday in July. If the political subdivision holds a primary or first election and a general or runoff election is either required or optional for that political subdivision, the first election shall be held on this date, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term. 2. The first Tuesday after the first Monday in November. If the political subdivision holds a general election or a runoff election, the second election held shall be held on this date. If the political subdivision holds only a single election and no preliminary or primary or other election is ever held for the purpose of reducing the number of candidates, or receiving a partisan nomination or designation or for any other purpose for that political subdivision, the single election shall be held on this date. F. Beginning with elections held in 2014 and later that are not candidate elections, an election held for or on behalf of any political subdivision of this state, and including a special election to fill a vacancy or a recall election, may only be held on the following dates: 1. The second Tuesday in March. 2. The third Tuesday in May. 3. Beginning in 2026 and later, the second to last Tuesday in July. 4. The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48. Notwithstanding any other law, an election must be held on the date specified in this paragraph and only in even-numbered years for the approval of or authorizing the assessment of transaction privilege taxes by a county, city or town. G. Notwithstanding any other law, for an election administered by a county recorder or other officer in charge of elections on behalf of a city, town or school district and that is an all mail ballot election for that city, town or school district, the county recorder or other officer in charge of elections may use a unified ballot format that combines all of the issues applicable to the voters in the city, town or school district requesting the all mail ballot election. H. For the purposes of this section, "political subdivision" means any governmental entity operating under the authority of this state and governed by an elected body, including a city, town, county, school district or community college district or any other district organized under state law but not including a special taxing district. 16-204.01. Declaration of statewide concern; city, charter city or town; political subdivision consolidated election dates; voter turnout; definitions A. After consideration of the court's opinion in City of Tucson v. State, 235 Ariz. 434 (Ct. App. 2014), the legislature finds and determines that it is a matter of statewide concern to increase voter participation in elections, including elections for cities, including charter cities, towns and other political subdivisions, and the legislature finds and declares that if cities, including charter cities, towns and other political subdivisions demonstrate low voter turnout in elections that are not held on the consolidated election dates prescribed in section 16-204, the low voter turnout constitutes sufficient factual support for requiring candidate and other elections to be held on certain specific consolidated dates. The legislature further finds and declares that after evidence of low voter turnout in city, including charter city, and town elections and in elections held for other political subdivisions, increasing voter turnout through the use of consolidated election dates for candidate and other elections as prescribed by this section is a matter of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary. B. A political subdivision shall hold its elections on a statewide election date if its previous elections on a nonstatewide election date resulted in a significant decrease in voter turnout in that political subdivision. C. Beginning with elections in 2018, for each political subdivision's elections, other than special elections or recall elections, if a significant decrease in voter turnout occurs as prescribed in subsection B of this section, the political subdivision shall hold its subsequent elections on the statewide election dates beginning three calendar years after the occurrence of the significant decrease in voter turnout. D. For the purposes of this section: 1. "Political subdivision" means any governmental entity operating under the authority of this state and governed by an elected body, including a city, charter city, town, county, school district, community college district or other district organized under state law. Political subdivision does not include a special taxing district. 2. "Significant decrease in voter turnout" means the voter turnout for the office that received the highest number of votes in the most recent candidate election for a political subdivision in which candidates are elected at large, or portion of a political subdivision if candidates are not elected at large, is at least twenty-five percent less than the voter turnout in that same political subdivision or portion of a political subdivision for the most recent election in which the office of the governor appeared on the ballot. 3. "Statewide election date" means the date of the regular statewide primary election and the regular statewide general election. 4. "Voter turnout" means the number of ballots cast in a specific candidate race prescribed by this section divided by the total number of active registered voters in that political subdivision or portion of a political subdivision, as applicable, or if no specific candidate race is prescribed by this section, the number of ballots cast in that political subdivision or portion of a political subdivision, as applicable, divided by the total number of active registered voters in that political subdivision or portion of a political subdivision at the election prescribed by this section. 16-204.02. Implementation of consolidated elections; term of office; alternative expenditure limitation A. Notwithstanding any other law, in order to comply with the consolidation of election dates if required under section 16-204.01 or by voluntary action of the political subdivision, the terms of office for elected officials of the political subdivision shall be lengthened at the time of consolidation to align with the consolidated election dates. B. For any political subdivision whose alternative expenditure limitation is scheduled to expire at any time after the year in which the political subdivision is required to comply with the election consolidation requirements of section 16-204.01, subsection B, or voluntarily consolidates its elections, the political subdivision's existing voter-approved alternative expenditure limitation shall continue as established before its expiration and the penalties prescribed by section 41-1279.07 do not apply if the political subdivision seeks voter approval of an alternative expenditure limitation at the next eligible regular election following consolidation. 16-205. Election dates; notice; administration A. At least two hundred ten days before each consolidated election date prescribed by section 16-204, each county board of supervisors shall give notice in writing regarding the consolidated election program to each school district, community college district, city, town and special taxing district organized pursuant to title 48, chapters 5, 6, 8, 10, 13, 14, 15 and 16 in that county. The notice shall state the date of the election. B. The board of supervisors may hold elections only on the dates prescribed by section 16-204. C. The secretary of state shall coordinate the consolidated elections with the board of supervisors. The board of supervisors may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with each political subdivision that participates in a consolidated election in that county in order to administer those elections. After consultation with the political subdivisions that are participating in a consolidated election, the officer in charge of elections shall administer the appointment of election boards. D. Within ninety days after a consolidated election conducted pursuant to this section, the board of supervisors shall prepare a report that provides an itemized account of all costs incurred by the county in administering the election, including an itemized account of all charges made to each political subdivision that participated in that election. Political subdivisions that participated in an election conducted pursuant to this section may request and receive a copy of this report from the board. E. The board of supervisors shall require the county recorder or other officer in charge of elections to calculate voter turnout for candidate races as prescribed by section 16-204.01, shall determine whether section 16-204.01 requires a political subdivision to consolidate its election dates and shall announce its determination and the implementation date for consolidation at a public meeting held not more than ninety days after issuance of the official county canvass for an election. After the implementation date, the board of supervisors may not call, authorize the call for or authorize the county to administer an election for that political subdivision except as prescribed by section 16-204.01. 16-206. Election day A. The biennial primary election day on the second to last Tuesday in July in the year the general election is held and the biennial general election day on the first Tuesday after the first Monday in November of every even-numbered year are not legal holidays. B. Every public officer or employee is entitled to absence from service or employment for the purpose of voting pursuant to section 16-402 on the biennial primary and general election days. 16-211. General election On the first Tuesday after the first Monday in November of every even-numbered year, a general election shall be held for the election of representatives in Congress, members of the legislature, and state, county and precinct officers whose terms expire at the end of the year in which the election is being held or in the following year. 16-212. Election of presidential electors; electoral college votes; vacancy; replacement A. On the first Tuesday after the first Monday in November, 1956, and quadrennially thereafter, there shall be elected a number of presidential electors equal to the number of United States senators and representatives in Congress from this state. B. After the secretary of state issues the statewide canvass containing the results of a presidential election, the presidential electors of this state shall cast their electoral college votes for the candidate for president and the candidate for vice president who jointly received the highest number of votes in this state as prescribed in the canvass. C. A presidential elector who knowingly refuses to cast that elector's electoral college vote as prescribed in subsection B of this section is no longer eligible to hold the office of presidential elector and that office is deemed and declared vacant by operation of law. The chairperson of the state committee of the political party represented by that elector shall appoint a person who is otherwise qualified to be a presidential elector. The replacement presidential elector shall cast the elector's electoral college vote as prescribed by this section. Notwithstanding section 16-344 and any other statute, the nomination paper and affidavit of qualification of the replacement presidential elector may be completed and filed with the secretary of state as soon as is practicable after the presidential elector's appointment. 16-213. Election of United States senator There shall be at each general election immediately preceding the expiration of the term of office of a United States senator from this state, an election of a United States senator. 16-214. Issuance of proclamation for general election by governor; publication by clerks of boards of supervisors A. At least thirty days before a general election, the governor shall issue a proclamation containing a statement of the time of election and the offices to be filled. B. The governor shall transmit a copy of the election proclamation to the officer in charge of elections and the clerk of each board of supervisors of the several counties. C. The clerk of the board of supervisors shall publish a copy of the proclamation in an official newspaper of the county at least ten days before a general election. 16-221. Special election to fill vacancy in Congress Special elections to fill a vacancy in the office of a representative in Congress shall be held only on the proclamation of the governor and for that purpose only. 16-222. Vacancy in the office of United States senator or representative A. When a vacancy occurs in the office of United States senator or representative in Congress by reason of death or resignation, or from any other cause and except as provided in subsection D of this section, the vacancy shall be filled at the next general election. At such an election the person elected shall fill the unexpired term of the vacated office. B. For a vacancy in the office of representative in Congress, if the next general election is not to be held within six months after the date of the occurrence of the vacancy, the governor shall call a special primary election and a special general election to fill the vacancy. The governor shall call the special primary election and establish its date within seventy-two hours after the office is officially declared vacant. Notwithstanding sections 16-313, 16-351 and 16-542, for a candidate for office at an election held pursuant to this subsection, the following apply: 1. The special primary election shall be held not less than one hundred twenty nor more than one hundred thirty-three days after the occurrence of the vacancy, and the special general election shall be held not less than seventy nor more than eighty days after the special primary election. 2. Nomination papers and nomination petitions shall be filed not later than thirty days after the date of the proclamation calling the election. 3. Any court action challenging the nomination of a candidate shall be filed not later than 5:00 p.m. on the fifth business day after the last day for filing nomination papers and petitions. 4. The superior court shall hear and render a decision within five days after the filing of the action. 5. Beginning fifteen days before the date of the election, the county recorder or other officer in charge of elections shall mail early ballots within forty-eight hours after receipt of a complete and correct early ballot request from persons qualified to vote. C. For a vacancy in the office of United States senator, the governor shall appoint a person to fill the vacancy. That appointee shall be of the same political party as the person vacating the office and, except as provided in subsection D of this section, shall serve until the person elected at the next general election is qualified and assumes office. If the person vacating the office changed political party affiliation after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office. D. If a vacancy in the office of United States senator occurs more than one hundred fifty days before the next regular primary election date, the person who is appointed pursuant to subsection C of this section shall continue to serve until the vacancy is filled at the next general election. If a vacancy in the office of United States senator occurs one hundred fifty days or less before the next regular primary election date, the person who is appointed shall serve until the vacancy is filled at the second regular general election held after the vacancy occurs, and the person elected shall fill the remaining unexpired term of the vacated office. E. For a vacancy in the office of representative in Congress that occurs simultaneously with at least one hundred additional vacancies in the office of representative in Congress as prescribed by 2 United States Code section 8, a special general election to fill the vacancy in this state shall be held not more than forty-nine days after the declaration of the vacancy unless a regularly scheduled general election or previously scheduled special general election is held within seventy-five days after the declaration of the vacancy. 16-223. Issuance of proclamation for special election by governor; publication by clerks of boards of supervisors A. Within ten days after a vacancy occurs in the office of representative in Congress, if a special primary and special general election are required by section 16-222, the governor shall issue a proclamation containing a statement of the time of the special primary election and the special general election and the offices to be filled. B. The governor shall transmit a copy of the election proclamation to the officer in charge of elections and the clerk of each board of supervisors of each county that is required to participate in the special election. C. The clerk of the board of supervisors of each county that is required to participate in the special election, within five days after receiving the proclamation prescribed in subsection B of this section, shall publish a copy of the election proclamation in an official newspaper of the county at least five days before the special primary election and at least five days before the special general election and shall post on a county-operated website a notice stating the dates of the special primary election and the special general election. 16-224. Proclamation by governor; time for electing delegates to convention for ratification of amendment to the Constitution of the United States A. When Congress proposes an amendment to the Constitution of the United States, and proposes that it be ratified by conventions in the several states, the governor shall fix by proclamation the date of an election for the purpose of electing delegates to the convention to be held in this state. B. The election may be a special election, or it may be held at the same time as a general election, but the election shall be held at least as soon as the next special or general election occurring more than three months after the amendment has been proposed by Congress. 16-225. Special district election dates A. Special districts as described in title 48, chapters 5, 6, 8, 10 and 13 through 16 shall not hold any election except on a date prescribed by section 16-204. B. The board of supervisors of the county in which the special district or greater portion of the assessed valuation of the property in the district is located shall call the election for the formation of special districts in accordance with subsection A of this section. C. The governing body of a special district shall call all other elections for the district in accordance with subsection A of this section and shall notify the board of supervisors and the officer in charge of elections of the county in which the special district or greater portion of the assessed valuation of the property in the district is located of the purpose of the election. D. On notification of the officer in charge of elections and approval of the county board of supervisors, the governing body of a special district may authorize any special district election that is not held on a date prescribed by section 16-204 to be conducted by mail pursuant to chapter 4, article 8.1 of this title. 16-226. Nonpartisan elections; local elections; time of calling; definition A. Nonpartisan elections and elections held by a school district, a city or a town that are not held concurrently with a general election shall be called not later than one hundred eighty days before the date of holding the election. This subsection does not apply to an election called pursuant to section 19-209 or 35-453. B. For the purposes of this article, "nonpartisan" means an election that is held by a special district established pursuant to title 48 and that is not held concurrently with the general election. 16-227. Publication or posting of call of election for nonpartisan elections A. The governing body shall publish a call of election at least twice in a newspaper of general circulation in the election district in which a nonpartisan election is being held not less than one week apart during the six calendar weeks preceding one hundred fifty days before the election. If there is not a newspaper of general circulation in the election district, the governing body shall post the notice of election on the governing body's public website and at other locations at which the governing body customarily posts public notice of the governing body's public meetings. The call of election shall contain: 1. The purpose of the election. 2. The date of holding the election. 3. The last date and place for filing nomination petitions, if applicable. 4. The last date to register to vote in the election. 5. The name of the election district conducting the election. 6. The proposed boundaries of the election district, if for establishment or annexation. 7. If the election is a special district mail ballot election as described in chapter 4, article 8.1 of this title, the date the mail ballots will be mailed to qualified electors of the district. B. In lieu of publishing the call described in subsection A of this section, the governing body may mail a call of election to each household in the district containing a qualified elector. The call shall contain the same information described in subsection A of this section and be mailed not later than one hundred fifty days before the election. 16-228. Notice of election for nonpartisan elections A. The governing body shall publish a notice of election at least twice in a newspaper of general circulation in the election district in which a nonpartisan election is being held not less than one week apart during the six calendar weeks preceding twenty days before the election. If there is not a newspaper of general circulation in the election district, the governing body shall post the call of election on the governing body's public website and at other locations at which the governing body customarily posts public notice of the governing body's public meetings. This notice shall contain at least: 1. The date of the election. 2. The location of the polls. 3. The hours the polls will be open. 4. The purpose of the election. 5. The election district conducting the election. B. In lieu of publishing the notice described in subsection A of this section, the governing body may, and for a nonresident qualified elector of any special district shall, mail a notice of election to each household containing a qualified elector of the district. The notice shall contain the same information described in subsection A, paragraphs 1, 4 and 5 of this section and the polling place for that household's qualified electors and the times it is open. Mailings may be made over a period of days but shall be mailed in order to be delivered to households before the earliest date of mailing to registered voters of any requested early ballots for that election. C. In mail ballot elections, the governing body shall publish a notice of election at least twice in a newspaper of general circulation in the special district in which the election is being held once a week during each of the two weeks immediately preceding the thirty days before the election. This notice shall contain at least: 1. The date of the election. 2. The date ballots will be mailed. 3. The deadline and location for return of the ballots. 4. The method for obtaining a replacement if a ballot is destroyed, lost, spoiled or not received. 5. A statement that no polling place will be provided. 6. The name of the district that is conducting the election. 7. The qualifications of electors. D. In lieu of publishing the notice described in subsection C of this section, the governing body may, and for a nonresident qualified elector of any special district shall, mail a notice of election to each household containing a qualified elector of the district. The notice shall contain the same information described in subsection C of this section and shall be mailed not later than forty-five days before the election. 16-229. Affidavit of compliance The governing body of a special district as described in title 48 shall submit to the board of supervisors an affidavit certifying compliance with the applicable federal and state election laws not later than five days before the nonpartisan election. 16-230. Vacancy in certain state or county offices; election A. Notwithstanding any other statute and except as prescribed by subsection C of this section, for state and county offices that provide for a four-year term of office, the following applies if there is a vacancy in office due to death, disability, resignation or any other cause: 1. If a state office becomes vacant, the governor shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office. 2. If a county office becomes vacant, the board of supervisors shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office. B. A person who is elected to fill the remainder of an unexpired term of a vacant office pursuant to subsection A of this section may take the oath of office and begin the remainder of the term of office at any time within ninety days after the canvass of the election. A person who is appointed pursuant to subsection A of this section shall remain in office until the person elected pursuant to this subsection takes the oath of office. C. This section does not apply to the office of governor. 16-241. Presidential preference election; conduct of election A. A presidential preference election shall be held on the Tuesday immediately following March 15 of each year in which the President of the United States is elected to give qualified electors the opportunity to express their preference for the presidential candidate of the political party indicated as their preference by the record of their registration. No other election may appear on the same ballot as the presidential preference election. B. Notwithstanding subsection A of this section, the governor may issue a proclamation that the presidential preference election is to be held on a date later than the date prescribed in subsection A of this section. The proclamation shall be issued no later than one hundred eighty days before the date of the election as set forth in the proclamation. The governor shall transmit a copy of the election proclamation to the clerks of the county boards of supervisors. C. Except as otherwise provided in this article, the presidential preference election shall be conducted and canvassed in the same manner as prescribed in this title for the primary election held pursuant to section 16-201. All provisions of other laws that govern elections and that are not in conflict with this article apply to a presidential preference election, including laws relating to registration and qualifications of electors. D. Unless otherwise specifically prescribed by this article, the powers and duties conferred by law on boards of supervisors, officers in charge of elections, county recorders, precinct boards and central counting boards in connection with a primary election are conferred on those persons for purposes of a presidential preference election and shall be exercised by them for a presidential preference election. E. Every act that is an offense pursuant to the election laws of this state is an offense for purposes of a presidential preference election, and a person is subject to the penalties prescribed by those laws. 16-242. Qualifications for ballot; nomination paper A. A person seeking nomination as a candidate for the office of president of the United States shall sign and cause to be filed with the secretary of state a nomination paper that contains the following information: 1. The name, residence address and mailing address of the candidate. 2. The name of the recognized political party from which the person seeks nomination. 3. The name and address of the chairman of the candidate's state committee. 4. The exact manner for printing the candidate's name on the presidential preference ballot pursuant to section 16-311. B. The nomination paper shall be filed not less than one hundred days nor more than one hundred thirty days before the presidential preference election and not later than 5:00 p.m. on the last day for filing. If the last day for filing falls on a Saturday, Sunday or legal holiday, the nomination paper shall be filed not later than 5:00 p.m. on the next business day. C. A candidate for the office of president of the United States shall file with the secretary of state nomination petitions signed by at least five hundred qualified electors who are qualified to vote for the candidate whose nomination petition they are signing for that election or, for recognized parties with fewer than fifty thousand registered voters, nomination petitions signed by at least five hundred qualified electors of any political party affiliation who, at the time they sign, are registered voters. The nomination petitions shall be filed within the time period prescribed by subsection B of this section. D. Nomination petitions shall conform to the requirements of section 16-314. E. In lieu of the petition requirements of this section, a candidate may qualify to appear on the presidential preference election ballot of the candidate's political party by filing with the secretary of state during the time period prescribed by subsection B of this section a notice of candidacy signed by the candidate and evidence that by the filing deadline the candidate's name is qualified to appear on the presidential preference election ballot of the candidate's political party in at least two other states. F. Within seventy-two hours after the close of filing the secretary of state shall certify to the officer in charge of elections the names of the candidates who are qualified for the presidential preference election ballot. 16-243. National convention delegates; vote for candidates A. The selection of delegates to the political party national conventions shall be as provided in the bylaws of each state party. B. At the political party national convention, each delegate to the national convention shall vote for the party's presidential nominee candidate who received the greatest number of votes in the presidential preference election until the candidate is nominated for the office of President of the United States by the convention, until the candidate releases the delegate from the delegate's obligation, until a candidate withdraws from the race or until one convention nominating ballot has been taken. After a candidate is nominated, withdraws from the race, delegates are released or one ballot is taken, each delegate is free to vote as the delegate chooses, and no rule may be adopted by a delegation requiring the delegation to vote as a body or causing the vote of any delegate to go uncounted or unreported. 16-244. Representation on ballot A. To be eligible to participate in the presidential preference election, a political party shall be either of the following: 1. A political party that is entitled to continued representation on the state ballot pursuant to section 16-804. 2. A new political party that has become eligible for recognition and that will be represented by an official party ballot pursuant to section 16-801. A petition for recognition of a new political party shall be filed with the secretary of state not less than one hundred fifty nor more than one hundred eighty days before the presidential preference election, and in the same manner as prescribed in section 16-801. The petition shall be processed and verified as prescribed in section 16-803. A political party that is eligible for the presidential preference election ballot shall be represented on the subsequent primary and general election ballots in the year of the presidential election. B. Notwithstanding the provisions of section 16-804, subsection A, the secretary of state shall determine the political parties entitled to continued representation on the state ballot pursuant to section 16-804, subsection B if, on October 1 of the year immediately preceding the presidential preference election, that party has registered voters equal to at least two-thirds of one per cent of the total number of registered voters in this state. Each county recorder shall furnish the secretary of state with the number of registered voters as prescribed by section 16-168, subsection G, paragraph 2, subdivision (d). 16-245. Form and content of ballot A. Ballots and ballot labels for the presidential preference election shall be printed on different colored paper or white paper with a different colored stripe for each party represented on the presidential preference election ballot. Only one party may be represented on each ballot. At the top shall be printed "official ballot of the ______________ party, presidential preference election (date), county of _______, state of Arizona". B. The order of the names of certified candidates on the ballot shall be determined by lots drawn at a public meeting called by the secretary of state for that purpose. Rotation of candidate names is prohibited. The certified candidates shall be listed under the title "_______________ party candidates for President of the United States". Immediately below shall be printed "vote for not more than one". The ballot may also contain printed instructions to voters as prescribed for other elections. C. The officer in charge of elections shall provide a sample ballot proof to the state committee chairman of each qualified candidate's state committee no later than five days after receipt of the certification from the secretary of state. D. The officer in charge of elections shall mail one sample ballot of each party represented on the presidential preference election ballot to each household that contains a registered voter of that political party unless that registered voter is on the active early voting list established pursuant to section 16-544. The return address on the sample ballot mailer shall not contain the name of any elected or appointed official, and the name of an appointed or elected official shall not be used to indicate who produced the sample ballot. E. The mailing face of each sample ballot shall be imprinted with the great seal of the state of Arizona with the words "official voting materials — presidential preference election". The polling place for that household may also be designated on the mailing face of the sample ballot. 16-246. Early balloting; satellite locations; additional procedures A. Within ninety-three days before the presidential preference election and not later than 5:00 p.m. on the eleventh day preceding the election, any elector who is eligible to vote in the presidential preference election may make a verbal or signed, written request for an official early ballot to the county recorder or other officer in charge of elections for the county in which the elector is registered to vote. If the request is verbal, the requesting elector shall provide the date of birth and birthplace or other information that if compared to the voter registration records for that elector would confirm the identity of the elector. B. Absent uniformed services voters or overseas voters who are otherwise eligible to vote in the election may vote as prescribed by sections 16-543 and 16-543.02. C. The county recorder or other officer in charge of elections may establish on-site early voting locations at the office of the county recorder or at other locations in the county deemed necessary or appropriate by the recorder. Early voting shall begin within the time limits prescribed in section 16-542 unless otherwise prescribed by this section. D. The county recorder or other officer in charge of elections shall send by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification any early ballots that are requested pursuant to subsections A and B of this section and shall include a preaddressed envelope for the elector to return the completed ballot. E. The county recorder or other officer in charge of elections shall provide to each election board an appropriate alphabetized list of voters who have requested and have been sent an early ballot. Any person who is on that list of voters and who was sent an early ballot shall not vote at the polling place for that election precinct except as prescribed by section 16-579, subsection B. F. The county recorder or other officer in charge of elections may provide for any of the following in the same manner prescribed by law for other elections: 1. Special election boards. 2. Emergency balloting for persons who experience an emergency after 5:00 p.m. on the Friday preceding the presidential preference election and before 5:00 p.m. on the Monday immediately preceding the presidential preference election. Before receiving a ballot pursuant to this paragraph, a person who experiences an emergency shall provide identification as prescribed in section 16-579 and shall sign a statement under penalty of perjury that states that the person is experiencing or experienced an emergency after 5:00 p.m. on the Friday immediately preceding the election and before 5:00 p.m. on the Monday immediately preceding the election that would prevent the person from voting at the polls. Signed statements received pursuant to this subsection are not subject to inspection pursuant to title 39, chapter 1, article 2. G. Notwithstanding section 16-579, subsection A, paragraph 2, for emergency balloting pursuant to subsection F, paragraph 2 of this section, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452. H. Sections 16-550, 16-551 and 16-552 govern the use of early balloting for the presidential preference election. 16-247. Write-in candidates prohibited Votes shall be counted and canvassed only for those candidates whose names appear on the presidential preference election ballot and write-in candidates are prohibited. 16-248. Designation of polling places A. Not less than twenty days before a presidential preference election, the board of supervisors shall designate a reasonable and adequate number of polling places where the election shall be held. B. The number of polling places for the presidential preference election is to be determined according to the number of active registered voters as of January 1 of the year of the presidential preference election. C. Each county with two hundred thousand or more active registered voters shall determine the number of polling places for the presidential preference election by using no more than one-half of the number of precincts as of January 1 of the year of the presidential preference election. D. Each county with less than two hundred thousand active registered voters but ten thousand or more active registered voters shall determine the number of polling places for the presidential preference election by using no more than one polling place for every two thousand active registered voters as of January 1 of the year of the presidential preference primary. E. Each county with less than ten thousand active registered voters shall determine the number of polling places for the presidential preference election by using no more than one polling place for every one thousand active registered voters as of January 1 of the year of the presidential preference election. F. If it is determined by the secretary of state that compliance with state and federal regulations would be jeopardized, the secretary of state has the authority to release a county from the number of polling places prescribed by this section. G. This section does not apply to land located on an Indian reservation. H. In precincts that contain fewer than three hundred active registered voters, the officer in charge of elections may conduct a presidential preference election by mail. 16-249. Certification of election to parties; automatic recount inapplicable; tabulation A. The secretary of state shall certify the election results to the state party committee chairmen of the parties that have candidates on the presidential preference ballot on or before the second Monday following the election. B. Section 16-661, relating to automatic recount, does not apply to an election held pursuant to this article. C. The presidential preference election shall be tabulated by congressional districts. 16-250. Expenses of election A. The secretary of state in consultation with the county recorders and the county officers in charge of elections shall include in the budget request for the department of state sufficient monies from the state general fund to conduct the presidential preference election prescribed by this article. B. Reimbursement of charges incurred by the counties for the presidential preference election shall be made in the amount of $1.25 for each active registered voter in the county on January 2 of the year of the presidential preference election as evidenced by a proper claim submitted to the secretary of state. If the secretary of state determines that reimbursement at the rate prescribed by this subsection would jeopardize the ability of a county to comply with federal and state laws and regulations, the secretary of state may release the county from that rate of reimbursement.