A person is guilty of a class 5 felony who:
1. Not being entitled to vote, knowingly votes.
2. Knowingly votes more than once at any election.
3. Knowingly votes in two or more jurisdictions in this state for which residency is required for lawful voting and the person is not a resident of all jurisdictions in which the person voted. For the purposes of this paragraph, a person has only one residence for the purpose of voting.
4. Knowingly votes in this state in an election in which a federal office appears on the ballot and votes in another state in an election in which a federal office appears on the ballot and the election day for both states is the same date.
5. Knowingly gives to an election official two or more ballots folded together.
6. Knowingly changes or destroys a ballot after it has been deposited in the ballot box.
7. Knowingly adds a ballot to those legally cast at any election, by fraudulently introducing the ballot into the ballot box either before or after the ballots in the ballot box have been counted.
8. Knowingly adds to or mixes with ballots lawfully cast, other ballots, while they are being canvassed or counted, with intent to affect the result of the election, or to exhibit the ballots as evidence on the trial of an election contest.
9. Knowingly and unlawfully carries away, conceals or removes a poll list, ballot or ballot box from the polling place, or from possession of the person authorized by law to have custody thereof.
10. Knowingly destroys a polling list, ballot or ballot box with the intent to interrupt or invalidate the election.
11. Knowingly detains, alters, mutilates or destroys ballots or election returns.
12. Knowingly provides a mechanism for voting to another person who is registered in another state, including by forwarding an early ballot addressed to the other person.
Notes of Decisions
State v. Hannah, 355 P.3d 607 (Ariz. Ct. App. 2015).
· cites it 13× “Here, Hannah was charged under subsection (2) of A.R.S. § 16-1016, which provides: “A person is guilty of a class 5 felony who .”
Bird v. State, 908 P.2d 12 (Ariz. Ct. App. 1995).
“section 16-1016 meets this test. The government has the constitutional power to regulate or prohibit gambling in general, see State v.”
Arizona All. for Retired Americans v. Fontes (D. Ariz. 2022).
· cites it 13× “12 § 16-1016 expressly reference “ballots,” “ballot boxes,” “poll lists,” “polling places,” and 13 “election returns,” which also suggests that “mechanism for voting” would be superfluous 14 if it only included ballots.”
State of Washington v. James Anthony Padrta (Wash. Ct. App. 2026).
“6 The Washington legislature statutorily defined “election.” And based on the plain language of the statutory definitions, an “election” is “an election required to be held on a fixed date recurring at regular intervals.”
— Ariz. Rev. Stat. § 16-1016(1) — 1 case
State v. Hannah, 355 P.3d 607 (Ariz. Ct. App. 2015).
“Here, Hannah was charged under subsection (2) of A.R.S. § 16-1016, which provides: “A person is guilty of a class 5 felony who .”
— Ariz. Rev. Stat. § 16-1016(12) — 2 cases
Arizona All. for Retired Americans v. Fontes (D. Ariz. 2022).
“12 § 16-1016 expressly reference “ballots,” “ballot boxes,” “poll lists,” “polling places,” and 13 “election returns,” which also suggests that “mechanism for voting” would be superfluous 14 if it only included ballots.”
— Ariz. Rev. Stat. § 16-1016(2) — 2 cases
State v. Hannah, 355 P.3d 607 (Ariz. Ct. App. 2015).
“Here, Hannah was charged under subsection (2) of A.R.S. § 16-1016, which provides: “A person is guilty of a class 5 felony who .”
State of Washington v. James Anthony Padrta (Wash. Ct. App. 2026).
“6 The Washington legislature statutorily defined “election.” And based on the plain language of the statutory definitions, an “election” is “an election required to be held on a fixed date recurring at regular intervals.”
— Ariz. Rev. Stat. § 16-1016(7) — 1 case
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