On February 9, 2024, Governor Hobbs signed into law HB 2785, a bipartisan emergency measure that made substantial changes to the Arizona election laws and procedures for the 2024 election cycle and beyond. This article summarizes the major changes reflected in the new law, which directly impacts voters, candidates and election officials.

New 2024 Primary Election Date

The most immediate change moves the 2024 Primary Election a week earlier from August 6, 2024, to July 30, 2024. That move provides county election officials more time to tabulate votes, meet required deadlines for presidential electors, military and overseas voters, and to conduct recounts, if necessary, in close races.

To accommodate the new date, the voter registration deadline for the Primary Election will now be July 1, 2024, with early voting beginning on July 3, 2024. Importantly, the filing deadline for candidates wishing to have their names appear on the primary election ballot was moved a week earlier to April 1, 2024. Candidates who have been circulating nomination petitions with the previously scheduled August 6, 2024, election date on their petition forms will be allowed to submit these petitions, although there is some ambiguity whether those petitions can continue to be circulated after the February 9, 2024, effective date of the new law. It’s possible the Legislature may consider another bill to clarify this ambiguity before the April 1, 2024, filing deadline. The same exception applies for any city, town or county initiative petition that was circulated before the February 9, 2024, effective date of these amendments.

Early Ballot Signatures

Most Arizonans vote by mail. In order to guard against fraud, the voter must sign the mail ballot envelope affidavit, which is later verified by the county recorder before the ballot is tabulated. The new law codifies for the first time detailed procedures for the signature verification process, which were previously only contained in non-binding guidelines issued by the Secretary of State. County recorders and election officials must now also provide daily reports to political parties with updated lists of all voters whose signatures are missing or inconsistent with the voter’s registration record.

Early Ballot Voting

There is always great interest in learning the election results soon after the polls close on Election Day, but it takes election officials several days after the election to process all of the early ballots, thus delaying the results in close races. This is because many early ballots arrive on or close to Election Day. In an effort to shorten this time, beginning in 2026, early ballots can be processed at all polling locations before 7:00 p.m. on Election Day, if the voter presents valid identification along with a signed ballot affidavit envelope. This process will eliminate the need to verify the ballot affidavit signature later at the county recorder’s office, and if utilized by early voters, may reduce the overall time for processing early ballots after the election.

Furthermore, for early ballots that are mailed or dropped off at a voting location during a primary, general or special election that includes a federal office in 2024, 2025 and 2026, voters who fail to sign their ballot envelopes, or whose signatures are rejected by the county recorders, will be provided five calendar days to “cure” the ballot after the election. For all other elections held in 2024, 2025 and 2026, ballots may be cured within three business days following the election. In prior November general elections that fell on even years (which always have a federal candidate on the ballot), the cure period for missing or invalid signatures extended until the Tuesday after the election — thus providing a week for signatures to be cured. But now, following the November 5, 2024, general election, voters will have until Sunday, November 10, 2024, to cure their early ballots at the county recorder’s office — which the new law now requires to remain open the weekend before and after the election for such purposes.  

In-Person Voting

Finding locations for polling places can be a challenge for election officials. There are only so many locations available or willing to make their facilities available. To help remedy this ongoing issue, beginning in 2026, the Arizona Department of Administration will coordinate with other state agencies and counties to make available state-owned facilities as voting locations for any city, county, or state election when requested by an officer in charge of elections.

Canvass & Recounts

The canvass is the official proceeding that finalizes the election results. The new law puts in place different timelines and procedures for election officials to canvass the results following all upcoming primary and general elections. The county governing boards are now required to canvass the 2024 Primary Election no later than the second Monday after the election, and no later than the third Thursday after the General Election. The Secretary of State must in turn complete his statewide canvass no later than the third Thursday after the 2024 Primary Election, and no later than the third Monday after the 2024 General Election.

If the margin between two candidates or ballot measures is less than or equal to one-half of one percent of the total votes cast following the canvass, then a recount must occur. The new law makes several changes to the recount procedure. When the canvass shows that a recount is required, the Secretary of State must now certify the facts requiring the recount to the court within twenty-four hours after the last county canvass, or the last day for county canvasses, whichever is earlier. 

Furthermore, in the case of a court-ordered recount by machine tabulation, hand count audit procedures may now begin before the machine tabulation is complete. Lastly, it is now required that the Secretary of State conduct logic and accuracy testing on the automated tabulation system, under supervision of a certified election officer, no more than two days after a court-ordered recount.

These new election laws are the result of a rare bipartisan compromise to address several pressing issues involving the election timeline and all appear designed to assure the election procedures are administered in a fair and orderly manner. As always, the Snell & Wilmer team will be monitoring these changes closely.

Footnotes 

1. Joseph Kanefield and Eric Spencer previously served as State Election Director for the Arizona Secretary of State from 2004-2009 and 2015-2018, respectively, and between them administered a combined total of 14 statewide elections, including three presidential elections.