A.R.S. tit. 16 ch. 4 — Arizona Revised Statutes Title 16 Chapter 4 — Conduct Of Elections

16-400. Definition of mark For the purposes of this chapter, "mark" means a character or symbol which is distinguishable and noticeable to a reasonable person but which does not identify or reveal the voter in a primary, general or special election conducted by this state or any political subdivision of this state. 16-401. Applicability of general election law to primary elections A. A primary election shall be held, the voters shall vote therein, the method of voting shall be followed, the votes shall be counted and canvassed, the returns shall be made, all in the same manner as provided for a general election and shall otherwise conform to the laws governing general elections except as otherwise specifically provided. All provisions of other laws governing elections not in conflict and including registrations and qualifications of voters are made applicable to and shall govern primary elections. B. The powers and duties conferred by law upon boards and clerks of elections, registration officers, canvassing boards and other public officials in connection with general elections are conferred upon all such officers of primary elections and, unless such powers or duties are otherwise specifically conferred, shall be exercised by them in connection with primary elections. C. Every act declared to be an offense by the general election law shall be an offense under the primary election law and the offender shall be subject to the penalties prescribed by such general election law. 16-402. Absence from employment for purpose of voting; application therefor; violation; classification A. A person entitled to vote at a primary or general election held within this state may, on the day of election, absent himself for the purpose of voting from the service or employment at which he is employed if there are less than three consecutive hours between the opening of the polls and the beginning of his regular workshift or between the end of his regular workshift and the closing of the polls. In such event, he may absent himself for such length of time at the beginning or end of his workshift that, when added to the time difference between workshift hours and opening or closing of the polls, will provide a total of three consecutive hours. He shall not, because of such absence, be liable for any penalty, nor shall any deduction be made therefor from his usual salary or wages. Application shall be made for such absence prior to the day of election, and the employer may specify the hours during which the employee may absent himself. B. A person who refuses an employee the right conferred by this section, or who subjects an employee to a penalty or reduction of wages therefor, or who directly or indirectly violates the provisions of this section, is guilty of a class 2 misdemeanor. 16-403. City or town elections; duties of officers In city or town elections, the duties devolving on the secretary of state in other elections shall devolve on the mayor or similar governing officer, board or commission, and the duties prescribed in this chapter devolving on the clerk of the board of supervisors shall devolve on the city or town clerk. 16-404. Preparation of polling place; voting booths; ballot boxes for paper ballots Each polling place shall be provided by the board of supervisors with a sufficient number of voting booths on which voters may conveniently mark their ballots screened from the observation of others. Each booth shall be at least three square feet in size. Each booth shall be supplied with such conveniences as will enable the voter to prepare his ballot for voting. The board of supervisors shall also furnish each polling place with ballot boxes, equipped with locks, large enough to properly receive and hold the ballots cast. 16-405. Preparation for elections The board of supervisors or other authority in charge of elections shall provide voting or marking devices, voting booths, ballots, early ballots as prescribed by section 16-545, ballot boxes and other supplies as required. 16-406. Public display of voting equipment The board of supervisors or other authority in charge of elections shall place voting equipment on public display at such times and places as it may determine for the education of voters in their use. 16-407. Election officers; qualifications; certificates; certification programs; plan; exemption; election training fund A. Except as provided in subsection E of this section, a person may not perform the duties or exercise the authority of an election officer or of the clerk of the board of supervisors or the county recorder in performance of election duties in or on behalf of any county unless, for persons who are certified in odd-numbered years, the person is the holder of an election officer's certificate issued by the secretary of state before January 1 of each general election year and, for persons who are certified in even-numbered years, the person is certified before June 1 of that even-numbered year. An election officer's certificate expires on December 31 in the year after the general election. B. The secretary of state shall provide for the examination of applicants for election officer certificates. The secretary of state may not issue a certificate to a person who has not demonstrated to the satisfaction of the secretary of state that the person is competent to perform the work of an election officer or of the clerk of the board of supervisors or the county recorder in the performance of election duties. C. The secretary of state shall provide for election officer certification programs of which successful completion by a person attests to the attendance at, participation in and completion of a course of instruction in the technical, legal and administrative aspects of conducting elections within this state. D. On or before December 31 of each year, the secretary of state shall submit an election officer education, training and certification plan to the president of the senate and the speaker of the house of representatives. The plan shall outline the achievements and problems of the period since the most recent report and specify the expected education, training and certification activities of the coming year. E. Subsection A of this section does not apply to elected officials, clerical and secretarial personnel, counting center personnel and precinct election board members and election officials in cities or towns. F. For city and town employees who work on elections, the city or town may train its own employees if the city or town training program is approved by the secretary of state or, if the city or town chooses to enroll the city or town employees in the certification program prescribed by this section, the city or town shall reimburse the secretary of state for the costs of conducting the training. An election training fund is established consisting of monies received pursuant to this subsection. The secretary of state shall administer the fund. Monies in the fund are continuously appropriated and the secretary of state shall use monies in the fund to pay the costs of training officials from cities and towns pursuant to this subsection. 16-407.01. Election administration; private monies prohibited Notwithstanding any other law, this state and a city, town, county, school district or other public body that conducts or administers elections may not receive or expend private monies for preparing for, administering or conducting an election, including registering voters. 16-407.02. Elections training classes; statement; water; registration form Notwithstanding any other law, rule or regulation, from and after January 1, 2011 the secretary of state's office may provide bottled water at any election training class if the election training class registration form clearly states that a portion of the registration fee will be used for hydration. 16-407.03. Election deadlines; filings; violation; classification Except when prescribed by a court of competent jurisdiction, no officer or agent of this state, a political subdivision of this state or any other governmental entity in this state may modify or agree to modify any deadline, filing date, submittal date or other election-related date that is provided for in statute. A person who violates this section is guilty of a class 6 felony. 16-408. Cost of special district elections; bond A. The cost of all special district elections provided in this title, including the preparation of ballots and signature comparison, shall be charged against the funds of the special district pursuant to law. B. At the time of filing a petition for the formation of a special district, or at any time thereafter but before publication of the call of election, a bond shall be filed by the petitioners, with security approved by the board of supervisors, sufficient to pay the expenses connected with the proceedings in case the election to form the district fails. C. If at any time during the proceedings the board determines the bond to be insufficient, it may order the filing of an additional bond within a fixed time. D. The governing body of any election district authorized to conduct an election may contract with the board of supervisors and county recorder for election services. The contracted cost of such special elections shall be a charge against the election district. 16-409. Certain cities, towns and school districts; mail ballot elections; report A. Notwithstanding section 16-558, a city, town or school district may conduct a mail ballot election. A mail ballot election shall be conducted as otherwise prescribed by article 8.1 of this chapter. B. Cities, towns or school districts that conduct mail ballot elections pursuant to subsection A of this section shall report to the president of the senate and the speaker of the house of representatives by January 1 of each year immediately following a mail ballot election. The report shall include the following: 1. Changes in voter turnout. 2. Relative costs of mail ballot elections compared to traditional elections. 3. Suggestions for improvements or refinements in the mail ballot program. 4. Frequency and severity of mail ballot irregularities. 5. Voter satisfaction with the election process. 6. Number of nondeliverable ballots. 16-410. Cancellation of certain elections; appointment to office; filling vacancies A. Notwithstanding any other law, in any election that is to be held pursuant to title 15 or 48 or section 16-822, if the total of the number of persons who file a nomination petition for a candidate and the number of persons who file a nomination paper for a write-in candidate as prescribed by chapter 3, articles 2 and 3 of this title is less than or equal to the number of positions to be filled at the election for which the nomination petition or nomination paper is filed, the county board of supervisors may cancel the election no earlier than one hundred five days before the election and appoint the person or persons who filed the nomination petition or nomination paper to fill the position for the term of office for which the candidate was nominated by the qualified electors. B. A person who is appointed pursuant to subsection A of this section is fully vested with the powers and duties of the office as if elected to that office. C. If no nomination petitions for a candidate and no nomination papers for a write-in candidate have been filed to fill the position for which the election was being held, the position is deemed vacant and shall be filled in accordance with laws governing the filling of those vacancies. D. Canceled elections shall not appear on any ballot, but if a withdrawal or disqualification of one or more candidates results in the cancellation of an election after the ballots have been printed, the results of any vote for that office shall not be canvassed. 16-411. Designation of election precincts and polling places; voting centers; electioneering; wait times A. The board of supervisors of each county, on or before October 1 of each year preceding the year of a general election, by an order, shall establish a convenient number of election precincts in the county and define the boundaries of the precincts as follows: 1. The election precinct boundaries shall be established so as to be included within election districts prescribed by law for elected officers of the state and its political subdivisions, including community college district precincts, except those elected officers provided for in titles 30 and 48. 2. If after October 1 of the year preceding the year of a general election the board of supervisors must further adjust precinct boundaries due to the redistricting of election districts as prescribed by law and to comply with this subsection, the board of supervisors shall adjust these precinct boundaries as soon as is practicable. B. At least twenty days before a general or primary election, and at least ten days before a special election, the board shall designate one polling place within each precinct where the election shall be held, except that: 1. On a specific finding of the board, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for that precinct may be designated within an adjacent precinct. 2. Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48. The officer in charge of elections may also split a precinct for administrative purposes. The polling places shall be listed in separate sections of the order or resolution. 3. On a specific finding of the board that the number of persons who are listed as early voters pursuant to section 16-544 and who are not expected to have their ballots tabulated at the polling place as prescribed in section 16-579.02 is likely to substantially reduce the number of voters appearing at one or more specific polling places at that election, adjacent precincts may be consolidated by combining polling places and precinct boards for that election. The board of supervisors shall ensure that a reasonable and adequate number of polling places will be designated for that election. Any consolidated polling places shall be listed in separate sections of the order or resolution of the board. 4. On a specific resolution of the board, the board may authorize the use of voting centers in place of or in addition to specifically designated polling places. A voting center shall allow any voter in that county to receive the appropriate ballot for that voter on election day after presenting identification as prescribed in section 16-579 and to lawfully cast the ballot. Voting centers may be established in coordination and consultation with the county recorder, at other county offices or at other locations in the county deemed appropriate. 5. On a specific resolution of the board of supervisors that is limited to a specific election date and that is voted on by a recorded vote, the board may authorize the county recorder or other officer in charge of elections to use emergency voting centers as follows: (a) The board shall specify in the resolution the location and the hours of operation of the emergency voting centers. (b) A qualified elector voting at an emergency voting center shall provide identification as prescribed in section 16-579, except that notwithstanding section 16-579, subsection A, paragraph 2, for any voting at an emergency voting center, 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. (c) If an emergency voting center established pursuant to this section becomes unavailable and there is not sufficient time for the board of supervisors to convene to approve an alternate location for that emergency voting center, the county recorder or other officer in charge of elections may make changes to the approved emergency voting center location and shall notify the public and the board of supervisors regarding that change as soon as practicable. The alternate emergency voting center shall be as close in proximity to the approved emergency voting center location as possible. C. If the board fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peace in the precinct, two days before the election, by an order, copies of which the justice of the peace shall immediately post in three public places in the precinct, shall designate the place within the precinct for holding the election. If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election board of the precinct shall designate and give notice of the place within the precinct of holding the election. For any election in which there are no candidates for elected office appearing on the ballot, the board may consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply: 1. All affected voters are notified by mail of the change at least thirty-three days before the election. 2. Notice of the change in polling places includes notice of the new voting location, notice of the hours for voting on election day and notice of the telephone number to call for voter assistance. 3. All affected voters receive information on early voting that includes the application used to request an early voting ballot. D. The board is not required to designate a polling place for special district mail ballot elections held pursuant to article 8.1 of this chapter, but the board may designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the day of the election. E. Except as provided in subsection F of this section, a public school shall provide sufficient space for use as a polling place for any city, county or state election when requested by the officer in charge of elections. F. The principal of the school may deny a request to provide space for use as a polling place for any city, county or state election if, within two weeks after a request has been made, the principal provides a written statement indicating a reason the election cannot be held in the school, including any of the following: 1. Space is not available at the school. 2. The safety or welfare of the children would be jeopardized. G. Beginning in 2026, the department of administration shall coordinate with state agencies and counties to provide available and appropriate state-owned facilities for use as a voting location for any city, county or state election when requested by the officer in charge of elections. H. The board shall make available to the public as a public record a list of the polling places for all precincts in which the election is to be held. I. Except in the case of an emergency, any facility that is used as a polling place on election day or that is used as an early voting site during the period of early voting shall allow persons to electioneer and engage in other political activity outside of the seventy-five foot limit prescribed by section 16-515 in public areas and parking lots used by voters. This subsection does not allow the temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters. The county recorder or other officer in charge of elections shall post on its website at least two weeks before election day a list of those polling places in which emergency conditions prevent electioneering and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. If the polling place is not on the website list of polling places with emergency designations, electioneering and other political activity shall be allowed outside of the seventy-five foot limit. If an emergency arises after the county recorder or other officer in charge of elections' initial website posting, the county recorder or other officer in charge of elections shall update the website as soon as is practicable to include any new polling places, shall highlight the polling place location on the website and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. J. For the purposes of this section, a county recorder or other officer in charge of elections shall designate a polling place as an emergency polling place and thus prohibit persons from electioneering and engaging in other political activity outside of the seventy-five foot limit prescribed by section 16-515 but inside the property of the facility that is hosting the polling place if any of the following occurs: 1. An act of God renders a previously set polling place as unusable. 2. A county recorder or other officer in charge of elections has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation. K. The secretary of state shall provide through the instructions and procedures manual adopted pursuant to section 16-452 the maximum allowable wait time for any election that is subject to section 16-204 and provide for a method to reduce voter wait time at the polls in the primary and general elections. The method shall consider at least all of the following for primary and general elections in each precinct: 1. The number of ballots voted in the prior primary and general elections. 2. The number of registered voters who voted early in the prior primary and general elections. 3. The number of registered voters and the number of registered voters who cast an early ballot for the current primary or general election. 4. The number of registered voters whose early ballots were tabulated on-site as prescribed in section 16-579.02 in the prior primary and general elections. 5. The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls. 16-412. Effective date of new precincts A. After establishing precincts as provided in section 16-411, the board of supervisors of each county shall deliver to the county recorder a complete description of these precincts immediately after adoption. B. If new precinct boundaries are established as provided in section 16-411, the county recorder shall transfer all the voters who reside in a new precinct as the result of this adoption by January 2 of the year of the next general election. The county recorder shall mail the notice of the precinct change to each household containing a registered voter, unless a sample ballot containing the precinct name or number is mailed before the primary election. For the purpose of conducting any election called pursuant to the laws of this state, precincts adopted on or before October 1 of the year preceding the year of a general election under the provisions of section 16-411 become effective not later than January 2 of the year of the next general election. C. If redistricting requires adjustment of precinct boundaries after October 1 of the year preceding the year of a general election, the county recorder shall transfer to the new precinct within sixty days after adoption of the new precinct boundaries all voters who reside in a new precinct as the result of the adjustment of precinct boundaries. The county recorder shall mail the notice of the precinct change to each household containing a registered voter unless a sample ballot containing the precinct name or number is mailed before the primary election. For the purpose of conducting any election called pursuant to the laws of this state, precincts adopted after October 1 of the year preceding the year of a general election become effective not later than the first date for filing of nomination petitions in the year of the next general election. 16-413. Precincts; special district boundaries A. Except as provided in subsection D of this section, the governing body of a special district, except a district organized under title 48, chapter 17, shall establish district election precincts that have the same boundaries as county election precincts pursuant to section 16-411 and designate one polling place within each precinct. In those cases where a district boundary bisects a county election precinct, that portion of the election precinct that is within the district shall be the district election precinct. The governing body may consolidate district election precincts if it deems it necessary and designate one polling place for the election precincts it consolidates. B. The governing body shall provide the county recorder with a description of the district election precincts no later than sixty days before an election for which signature rosters are to be prepared. C. In elections to establish special districts, the board of supervisors shall act as the governing body for purposes of this section. D. If an election is a mail ballot election, the governing body shall not designate polling places but shall determine the number and location of sites where ballots may be returned. 16-441. Effective date of article; approval of counting equipment Provisions of this article shall become effective and operative when electronic or electromechanical vote recording and ballot counting equipment has been satisfactorily tested and has received the approval of the secretary of state. 16-442. Committee approval; adoption of vote tabulating equipment; experimental use; emergency A. The secretary of state shall appoint a committee of three persons, to consist of a member of the engineering college at one of the universities, a member of the state bar of Arizona and one person familiar with voting processes in the state, no more than two of whom shall be of the same political party, and at least one of whom shall have at least five years of experience with and shall be able to render an opinion based on knowledge of, training in or education in electronic voting systems, procedures and security. The committee shall investigate and test the various types of vote recording or tabulating machines or devices that may be used under this article. The committee shall submit its recommendations to the secretary of state who shall make final adoption of the type or types, make or makes, model or models to be certified for use in this state. The committee shall serve without compensation. B. Machines or devices used at any election for federal, state or county offices may only be certified for use in this state and may only be used in this state if they comply with the help America vote act of 2002 and if those machines or devices have been tested and approved by a laboratory that is accredited pursuant to the help America vote act of 2002. C. After consultation with the committee prescribed by subsection A of this section, the secretary of state shall adopt standards that specify the criteria for loss of certification for equipment that was used at any election for federal, state or county offices and that was previously certified for use in this state. On loss of certification, machines or devices used at any election may not be used for any election for federal, state or county offices in this state unless recertified for use in this state. D. The secretary of state may revoke the certification of any voting system or device for use in a federal, state or county election in this state or may prohibit for up to five years the purchase, lease or use of any voting system or device leased, installed or used by a person or firm in connection with a federal, state or county election in this state, or both, if either of the following occurs: 1. The person or firm installs, uses or permits the use of a voting system or device that is not certified for use or approved for experimental use in this state pursuant to this section. 2. The person or firm uses or includes hardware, firmware or software in a version that is not certified for use or approved for experimental use pursuant to this section in a certified voting system or device. E. The governing body of a city or town or the board of directors of an agricultural improvement district may adopt for use in elections any kind of electronic voting system or vote tabulating device approved by the secretary of state, and thereupon the voting or marking device and vote tabulating equipment may be used at any or all elections for voting, recording and counting votes cast at an election. F. The secretary of state or the governing body may provide for the experimental use of a voting system or device without a final adoption of the voting system or device, and its use at the election is as valid as if the machines had been permanently adopted. G. After consultation with the committee prescribed by subsection A of this section, the secretary of state may approve for emergency use an upgrade or modification to a voting system or device that is certified for use in this state if the governing body establishes in an open meeting that the election cannot be conducted without the emergency certification. Any emergency certification shall be limited to no more than six months. At the conclusion of the certification period the voting system or device shall be decertified and unavailable for future use unless certified in accordance with this section. 16-442.01. Accessible voting technology; recommendations; certification; applicability A. On completion of the certification process pursuant to this section and section 16-442, the secretary of state shall require that voting systems that are used by entities that are governed by section 16-204, but not including cities and towns with a population of less than twenty thousand persons, provide persons who are blind or visually impaired with access to voting that is equivalent to that provided to persons who are not blind or visually impaired and shall provide an accessible vote by United States mail option for persons who are blind or have a visual impairment. B. For the purposes of this section: 1. A voting system that provides the voter with the ability to cast and verify by both visual and nonvisual methods all of the selections that were made by that voter is deemed to provide equivalent access. 2. Nonvisual methods for casting and verifying a selection made on a voting system include the use of synthesized speech, braille and other output methods that do not require sight. C. The secretary of state shall consult with and obtain recommendations regarding voting systems from nonprofit organizations that represent persons who are blind or visually impaired, persons with expertise in accessible software, hardware and other technology, county and local election officials and other persons deemed appropriate by the secretary of state. After receiving recommendations, the secretary of state shall submit to the committee established pursuant to section 16-442 one or more voting systems that provide equivalent access pursuant to this section for possible certification for use in this state. D. Subsection A of this section applies to voting systems that are purchased or upgraded on or after January 1, 2006. 16-443. Authorization of use at all elections At all state, county, city or town elections, agricultural improvement district elections and primary elections, ballots or votes may be cast, recorded and counted by voting or marking devices and vote tabulating devices as provided in this article. 16-444. Definitions; applicability of general laws A. In this article, unless the context otherwise requires: 1. "Ballot" means a paper ballot on which votes are recorded. 2. "Computer program" includes all programs and documentation adequate to process the ballots at an equivalent counting center. 3. "Counting center" means one or more locations selected by the board of supervisors for the automatic counting of ballots. 4. "Electronic voting system" means a system in which votes are recorded on a paper ballot by means of marking, and such votes are subsequently counted and tabulated by vote tabulating equipment at one or more counting centers. 5. "E-pollbook" means an electronic system in which a voter is checked in and through which a voter's signature is recorded to indicate that the voter has voted. 6. "Instructions and procedures manual" means the manual prepared for use as a guide for the conduct of elections by an approved electronic voting system, including, but not limited to, detailed instructions for the performance of each task relating to the collection of ballots and the counting of votes in a manner that will provide maximum security, efficiency and accuracy. 7. "Vote tabulating equipment" includes apparatus necessary to automatically examine and count votes as designated on ballots and tabulate the results. 8. "Voting device" means an apparatus that the voter uses to record the voter's votes by marking a paper ballot, which votes are subsequently counted by electronic tabulating equipment. B. The provisions of all state laws relating to elections not inconsistent with this article apply to all elections where electronic tabulating devices are used. Any provision of law that conflicts with this article does not apply to the elections in which electronic tabulating devices are used. 16-445. Filing of computer election programs with secretary of state A. For any state, county, school district, special district, city or town election, including primary elections, that uses vote tabulating devices as provided in this article, there shall be filed with the secretary of state at least seventeen days before the date of the election a copy of each computer program for each election. The secretary of state shall hold all computer program software filed pursuant to this section in escrow for three years. The secretary of state shall securely destroy the software filed pursuant to this section on the expiration of the three-year period. B. A copy of any subsequent revision of the computer program shall be filed in the same manner within forty-eight hours following the revision. C. Any tape or disc used in the programming or operation of a vote tabulating device on which votes are counted and any tape used in compiling vote totals shall be kept under lock and seal, and if there is a retally of votes, the officer entrusted with the tapes or discs shall submit the officer's affidavit stating that they are the tapes or discs, or both, used in the election and have not been altered. D. All materials submitted to the secretary of state shall be used by the secretary of state or attorney general to preclude fraud or any unlawful act under the laws of this title and title 19 and shall not be disclosed or used for any other purpose. 16-446. Specifications of electronic voting system A. An electronic voting system consisting of a voting or marking device in combination with vote tabulating equipment shall provide facilities for voting for candidates at both primary and general elections. B. An electronic voting system shall: 1. Provide for voting in secrecy when used with voting booths. 2. Permit each elector to vote at any election for any person for any office whether or not nominated as a candidate, to vote for as many persons for an office as the elector is entitled to vote for and to vote for or against any question on which the elector is entitled to vote, and the vote tabulating equipment shall reject choices recorded on the elector's ballot if the number of choices exceeds the number that the elector is entitled to vote for the office or on the measure. 3. Prevent the elector from voting for the same person more than once for the same office. 4. Be suitably designed for the purpose used and be of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and counting ballots. 5. Be provided with means for sealing the voting or marking device against any further voting after the close of the polls and the last voter has voted. 6. When properly operated, record correctly and count accurately every vote cast. 7. Provide a durable paper document that visually indicates the voter's selections, that the voter may use to verify the voter's choices, that may be spoiled by the voter if it fails to reflect the voter's choices and that permits the voter to cast a new ballot. This paper document shall be used in manual audits and recounts. 8. To the extent practicable, provide for the ballot layout to be in the same order of arrangement, including rotation, as provided for paper ballots, except that information may be printed in vertical or horizontal rows, or in a number of separate pages or screens that are placed or displayed on the voting device. The titles of offices may be arranged in vertical columns or in a series of separate pages or screens and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. If there are more candidates for an office than can be printed in one column or on one ballot page or screen, the ballot shall be clearly marked that the list of candidates is continued on the following column, page or screen, and to the extent practicable, the same number of names shall be printed on each column, page or screen. 9. Provide for a color designation for use in the primary election for each political party represented. 16-447. Voting devices; inspection; specifications and number of booths A. The board of supervisors shall provide at each polling place at least one device that complies with the help America vote act of 2002 (P.L. 107-252) and that is certified by the secretary of state for use by voters with disabilities. B. Before any election at which electronic voting devices are used, the board of supervisors or other authority in charge of elections shall have the voting devices prepared for the election and shall mail a notice to the chairmen of the county committees of the different political parties, stating when and where the voting devices may be inspected before they are sealed and delivered to the polling places. C. The board of supervisors or other authority in charge of elections shall have delivered to each polling place a sufficient number of voting booths and voting or marking devices. The voting booths shall be durably constructed and shall be of sufficient size and so designed as to enable the voter to mark the voter's ballot in secrecy. D. In any election, the election officer in charge of the election shall determine the number of voting devices to be used. E. The board of supervisors shall designate a person to observe the installation and modification of any election management software or computer programming used for county election administration. The board of supervisors shall also designate a person to act as a substitute if the primary designee is unavailable. The persons designated may be county employees but may not be employed by or under the supervision of the officer in charge of elections. 16-448. Write-in votes; instructions Whenever ballots are to be counted by electronic data processing equipment, all write-in votes for candidates, to be counted, shall be marked by the voter in the space provided opposite the names of the write-in candidates. The instructions to voters printed on the ballots shall instruct the voter that the vote will not be counted unless the voter properly marks the ballot when writing in a candidate's name. 16-449. Required test of equipment and programs; notice; procedures manual A. Within the period of time before the election day prescribed by the secretary of state in the instructions and procedures manual adopted pursuant to section 16-452, the board of supervisors or other election officer in charge, or for an election involving state or federal candidates, the secretary of state, shall have the automatic tabulating equipment and programs tested to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least forty-eight hours prior thereto by publication once in one or more daily or weekly newspapers published in the town, city or village using such equipment, if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be observed by at least two election inspectors, who shall not be of the same political party, and shall be open to representatives of the political parties, candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject such votes. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment and programs are approved. A copy of a revised program shall be filed with the secretary of state within forty-eight hours after the revision is made. If the error was created by automatic tabulating equipment malfunction, a report shall be filed with the secretary of state within forty-eight hours after the correction is made, stating the cause and the corrective action taken. The test shall be repeated immediately before the start of the official count of the ballots in the same manner as set forth above. After the completion of the count, the programs used and the ballots shall be sealed, retained and disposed of as provided for paper ballots. B. Electronic ballot tabulating systems shall be tested for logic and accuracy within seven days before their use for early balloting pursuant to the instructions and procedures manual for electronic voting systems that is adopted by the secretary of state as prescribed by section 16-452. The instructions and procedures manual shall include procedures for the handling of ballots, the electronic scanning of ballots and any other matters necessary to ensure the maximum degree of correctness, impartiality and uniformity in the administration of an electronic ballot tabulating system. C. Notwithstanding subsections A and B of this section, if a county uses accessible voting equipment to mark ballots and that accessible voting equipment does not independently tabulate or tally votes, the secretary of state in cooperation with the county officer in charge of elections may designate a single date to test the logic and accuracy of both the accessible voting equipment and electronic ballot tabulating systems. 16-450. Location and acquisition of vote tabulating devices The vote tabulating device may be located at any place within the state approved by the board of supervisors of the county or the governing board of other political subdivisions using the device. The same device may be jointly owned, borrowed, leased or used by two or more counties, cities or other political subdivisions to tabulate ballots cast in any election. 16-451. Cost; means of financing The board of supervisors may provide for the payment of the cost of vote tabulating equipment in such manner and by such method as it may deem for the best local interests and also may for that purpose issue bonds, certificates of indebtedness or other obligations which shall be a charge on the county or city. The bonds, certificates or other obligations may be issued with or without interest, payable at such time as the authorities may determine, but shall not be issued or sold at less than par. The board of supervisors may enter into lease agreements or lease purchase agreements for the use of vote tabulating equipment. 16-452. Rules; instructions and procedures manual; approval of manual; field check and review of systems; violation; classification A. After consultation with each county board of supervisors or other officer in charge of elections, the secretary of state shall prescribe rules to achieve and maintain the maximum degree of correctness, impartiality, uniformity and efficiency on the procedures for early voting and voting, and of producing, distributing, collecting, counting, tabulating and storing ballots. The secretary of state shall also adopt rules regarding fax transmittal of unvoted ballots, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens and shall adopt rules regarding internet receipt of requests for federal postcard applications prescribed by section 16-543. B. The rules shall be prescribed in an official instructions and procedures manual to be issued not later than December 31 of each odd-numbered year immediately preceding the general election. Before its issuance, the manual shall be approved by the governor and the attorney general. The secretary of state shall submit the manual to the governor and the attorney general not later than October 1 of the year before each general election. C. A person who violates any rule adopted pursuant to this section is guilty of a class 2 misdemeanor. D. The secretary of state shall provide personnel who are experts in electronic voting systems and procedures and in electronic voting system security to field check and review electronic voting systems and recommend needed statutory and procedural changes. 16-461. Sample primary election ballots; submission to party chairmen for examination; preparation, printing and distribution of ballot A. At least forty-five days before a primary election, the officer in charge of that election shall: 1. Prepare a proof of a sample ballot. 2. Submit the sample ballot proof of each party to the county chairman or in city or town primaries to the city or town chairman. 3. Mail a sample ballot proof to each candidate for whom a nomination paper and petitions have been filed. B. Within two calendar days after receipt of the sample ballot, the county chairman of each political party and any candidate in that election who has submitted and confirmed an email address shall suggest to the election officer any change the chairman or candidate considers should be made in the chairman's or candidate's party ballot, and if on examination the election officer finds an error or omission on the ballot, the officer shall correct it. The election officer shall print and distribute the sample ballots as required by law, shall maintain a copy of each sample ballot and shall post a notice indicating that sample ballots are available on request. The official sample ballot shall be printed on colored paper or white paper with a different colored stripe for each party that is represented on that ballot. For voters who are not registered with a party that is entitled to continued representation on the ballot pursuant to section 16-804, the election officer may print and distribute the required sample ballots in an alternative format, including a reduced size format. C. Not later than forty days before a primary election, the county chairman of a political party may request one sample primary election ballot of the chairman's party for each election precinct. D. The board of supervisors shall have printed mailer-type sample ballots for a primary election and shall mail at least fourteen days before the election, or at least eleven days before the election in counties that contain a United States postal service processing and distribution center, one sample ballot of a political party to each household containing a registered voter of that political party unless that registered voter is on the active early voting list established pursuant to section 16-544. Each sample ballot shall contain the following statement: "This is a sample ballot and cannot be used as an official ballot under any circumstances". A certified claim shall be presented to the secretary of state by the board of supervisors for the actual cost of printing, labeling and postage of each sample ballot actually mailed, and the secretary of state shall direct payment of the authenticated claim from funds of the secretary of state's office. The secretary of state shall annually determine and publish a list of counties that do not contain a United States postal service processing and distribution center based on information provided by the United States postal service. E. For city and town elections, the governing body of a city or town may have printed mailer-type sample ballots for a primary election. If the city or town has printed such sample ballots, the city or town shall provide for the distribution of such ballots and shall bear the expense of printing and distributing such sample ballots. F. The return address on the mailer-type sample ballots may not contain the name of an appointed or elected public officer, and the name of an appointed or elected public officer may not be used to indicate who produced the sample ballot. G. The great seal of the state of Arizona shall be imprinted along with the words "official voting materials" on the mailing face of each sample ballot. In county, city or town elections the seal of such jurisdiction shall be substituted for the state seal. 16-462. Form of paper ballot The ballots for a primary election shall be printed with a different color designation for each political party that is included on the ballot. Unless otherwise provided by law, the ballot shall be printed, "official ballot of the __________ party, primary election (date), ___________ precinct, county (or city or town) of __________, state of Arizona". Below the heading shall be placed the title of each office to be voted for, and an instruction to the voter as to how many are to be voted for for the particular office, thus: "vote for not more than __________" (insert the number to be elected), under which shall be placed alphabetically and alternated, as provided by law, the names of all the party's candidates to be voted for in each precinct of the county or precinct or ward of the city or town for whom nomination papers have been filed for such office, leaving as many blank lines as there are offices under that title to be filled, followed by a place for the voter to make a mark to indicate the voter's choice either to the right or the left of the candidate's name, and of the blank line. Double or more columns may be arranged on the ballot. In other respects the ballot shall conform as nearly as possible to the ballot prescribed for general elections. 16-464. Rotation of names on ballots A. When there are two or more candidates for a nomination, except in the case of precinct committeemen, the names of all candidates for the nomination shall be so alternated on the ballots used in each election precinct that the name of each candidate shall appear substantially an equal number of times at the top, at the bottom and in each intermediate place of the list or group of candidates in which they belong. When there are fewer than or the same number of candidates seeking office as the number to be elected, rotation of names is not required and the names shall be placed in alphabetical order. B. The position of the names of candidates for precinct committeemen shall be alphabetical by surname for appearance on the ballot when there are more candidates than positions available. C. When there are two or more precincts in a political subdivision that hold an all mail ballot election, candidate name rotation shall be the presumed method of ballot organization, unless candidate name rotation is found to be impracticable. When candidate name rotation is found to be impracticable, the position of the names of candidates shall be drawn by lot at a public meeting. D. The provisions of this section do not apply where voting machines are used. 16-465. Arrangement of candidates' names at primary election A. When there are two or more candidates of the same political party on the ballot, the names of such candidates, except in the case of precinct committeemen, shall be so alternated on the ballots used in each election precinct that the name of each candidate shall appear substantially an equal number of times in each possible location. When there are fewer than or the same number of candidates seeking office as the number to be elected, rotation of names is not required and the names shall be placed in alphabetical order. B. In a primary election where voting machines are used, names of candidates for precinct committeemen shall appear on the voting machine in alphabetical order according to the first letter of the surnames of the candidates. 16-467. Method of voting on ballot A. At primary elections there shall be provided a separate ballot for each party entitled to participate in the primary. B. Each party ballot shall be designated by the name of the party, and for a voter who is registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16-804, the voter shall be given by the judge of election one ballot only of the party with which the voter is affiliated as it appears in the precinct register. For a voter who is registered as independent, or no party preference or as a member of a political party that is not entitled to continued representation on the ballot pursuant to section 16-804, the voter shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the judge of election shall give the elector only that political party's ballot. C. If a person is nominated on more than one ticket, the person shall promptly file with the officer in charge of the preparation of election ballots a written declaration indicating the party name under which the person's name is to be printed on the official election ballot, and the person's name shall be printed only under the party name. D. For any political party that is entitled to continued representation on the ballot, section 16-822 applies to the election of precinct committeemen. 16-468. Form of ballot; optical scanning system; sample ballots For any ballots intended for use in an optical scanning system, the following apply: 1. As nearly as is practicable, ballots shall have material printed in the same order as provided for paper ballots, except that material may be printed in vertical or horizontal rows or on separate pages. 2. Ballots shall be printed in plain clear type in black ink, and for a general election, on clear white materials, and shall be of a size and arrangement to fit the construction of the vote tabulating equipment or other voting device. For a primary election, ballots shall have a different color indicator for each political party that is represented. Ballots may contain printed code marks that may be used for placing the ballots in the correct position for tabulating devices. The code marks shall not be printed or used in any manner that will disclose the identity of the voter who votes that ballot. 3. The titles of offices may be arranged in vertical columns or in a series of separate pages and shall be printed above or at the side of the names of candidates in order to clearly indicate the candidates for each office and the number to be elected. If there are more candidates for an office than can be printed in one column or on one ballot page, the ballot shall be clearly marked to indicate that the list of candidates is continued on the following column or page and, as nearly as is practicable, so that the same number of names is printed in each column or on each page. 4. As nearly as is practicable, in primary and nonpartisan elections, the names of candidates for each office shall appear on the ballot so that each candidate occupies each position on the ballot the same number of times. If there are fewer or the same number of candidates seeking office than the number to be elected, rotation of names is not required and the names shall be placed in alphabetical order. 5. As nearly as is practicable, in a primary election for a judicial office, if there are two or more candidates of the same political party, the candidate names shall be alternated on the ballot so that the name of each candidate appears an equal number of times in each possible location on the ballot. 6. Two sample ballots shall be provided for each polling place and shall be posted at the polling place on election day. Sample ballots may be printed on a single page or on a number of pages that are assembled together. A sample ballot shall be a facsimile copy of the official ballot. 16-501. Compliance with primary election law as prerequisite to printing name on ballot Except as provided in chapter 3, article 5 of this title, no person shall have his name printed on the official ballot as a candidate in a general election unless he has complied fully with the provisions of law applicable to primary elections, which, for a candidate who appeared on the primary election ballot as a write-in candidate, shall include compliance with the primary election provisions of section 16-312. 16-502. Form and contents of ballot A. Ballots shall be printed with black ink on white paper of sufficient thickness to prevent the printing thereon from being discernible from the back, and the same type shall be used for the names of all candidates. The ballots shall be headed "official ballot" in bold-faced plain letters, with a heavy rule above and below the heading. Immediately below shall be placed the words "type of election, (date of election)" and the name of the county and state in which the election is held. The name or number of the precinct in which the election is held shall be placed on the ballot in a uniform location for all ballots. No other matter shall be placed or printed at the head of any ballot. Instructions to the voter on marking the ballot may be printed below the heading as follows: 1. Put a mark according to the instructions next to the name of each candidate for each office for whom you wish to vote. 2. If you wish to vote for a person whose name is not printed on the ballot, write such name in the blank space provided on the ballot and put a mark according to the instructions next to the name so written. 3. Put a mark according to the instructions next to the word "yes" or "for" for each proposition or question you wish to be adopted. Put a mark according to the instructions next to the word "no" or "against" for each proposition or question you wish not to be adopted. B. Immediately below the ballot instructions shall be placed the following: Section One Partisan Ballot C. Immediately below the heading for section one there shall be placed in columns the names of the candidates of the several political parties. Next to each candidate's name there shall be printed in bold-faced letters the name of the political party. At the head of each column shall be printed the