A. Each signer of a nomination petition shall sign only one petition for the same office unless more than one candidate is to be elected to such office, and in that case not more than the number of nomination petitions equal to the number of candidates to be elected to the office. A signature shall not be counted on a nomination petition unless the signature is on a sheet bearing the form prescribed by section 16-314.
B. For the purposes of petitions filed pursuant to sections 16-312, 16-313, 16-314 and 16-341, each signer of a nomination petition shall be a voter who at the time of signing is a registered voter in the electoral district of the office the candidate is seeking.
C. If an elector signs more nomination petitions than permitted by subsection A of this section, the earlier signatures of the elector are deemed valid, as determined by the date of the signature as shown on the petitions. If the signatures by the elector are dated on the same day, all signatures by that elector on that day are deemed invalid. Any signature by that elector on a nomination petition on or after the date of the last otherwise valid signature is deemed invalid and shall not be counted.
D. The person before whom the signatures were written on the signature sheet is not required to be a resident of this state but otherwise shall be qualified to register to vote in this state pursuant to section 16-101 and, if not a resident of this state, shall register as a circulator with the secretary of state. A circulator shall verify that each of the names on the petition was signed in his presence on the date indicated, and that in his belief each signer was a qualified elector who resides at the address given as the signer's residence on the date indicated and, if for a partisan election, that each signer is a qualified signer. The way the name appears on the petition shall be the name used in determining the validity of the name for any legal purpose pursuant to the election laws of this state. Signature and handwriting comparisons may be made.
E. A person who signs a nominating petition must use that person's actual residence address unless there is no actual residence address assigned by an official governmental entity or the person's actual residence is protected pursuant to section 16-153. The signature of a person who signs a nominating petition and who uses only a description of the place of residence or an Arizona post office box address is valid if the person is otherwise properly registered to vote, has not moved since registering to vote and is eligible to sign the nominating petition.
F. For the purposes of this article, "qualified signer" means any of the following:
1. A qualified elector who is a registered member of the party from which the candidate is seeking nomination.
2. A qualified elector who is a registered member of a political party that is not entitled to continued representation on the ballot pursuant to section 16-804.
3. A qualified elector who is registered as independent or no party preferred.
Notes of Decisions
Cited in
22
cases (
2 in the last 5 years), 1984–2022 · leading case:
Moreno v. Jones, 139 P.3d 612 (Ariz. 2006).
Moreno v. Jones, 139 P.3d 612 (Ariz. 2006).
· cites it 8× “See A.R.S. § 16-321(C) (providing that if elector signs more than one petition for the same office and the signatures are dated on the same date, “all signatures by that elector on that day are deemed invalid”).”
State v. Jones, 218 P.3d 1012 (Ariz. Ct. App. 2009).
· cites it 13× “as the circulator,” substantial evidence supported the superior court’s “finding that Jones had presented to the Secretary of State nomination petitions that he had verified as the circulator knowing that he had not obtained the signatures in his presence as required by A.R.S. §…”
Brousseau v. Fitzgerald, 675 P.2d 713 (Ariz. 1984).
· cites it 4× “A.R.S. § 16-321(B) provides, in part: “The person before whom the signatures were written on the signature sheet shall be a qualified elector of this state and shall verify that each of the names on the petition was signed in his presence on the date indicated, and that in his…”
Graham v. Tamburri, 377 P.3d 323 (Ariz. 2016).
· cites it 8× “A.R.S. § 16-321 (F). Thus, a Libertarian candidate for the United States Senate in the 2016 election must obtain at least 3,034 signatures from the pool of approximately 1,213,600 qualified signers who are either registered Libertarians or unaffiliated with a recognized…”
Arizona Libertarian Party v. Reagan, 189 F. Supp. 3d 920 (D. Ariz. 2016).
· cites it 4× “On April 12, 2016, Plaintiffs filed this lawsuit challenging the constitutionality of A.R.S. §§ 16-321 and 16-322, as amended in 2015 by H.”
Nader v. Brewer, 531 F.3d 1028 (9th Cir. 2008).
“” Ariz.Rev.Stat. § 16-321(D). The provision enumerating the requirements for voter registration in turn provides, in relevant part: “Every resident of the state is qualified to register' to vote if he .”
Jenkins v. Hale, 190 P.3d 175 (Ariz. 2008).
· cites it 2× “in his belief each signer was a qualified elector who resides at the address given as the signer’s residence on the date indicated____” § 16-321(D). ¶8 Any qualified elector may challenge a candidate’s petitions.”
Judith K Lohr v. Shawnna Bolick, 471 P.3d 639 (Ariz. 2020).
· cites it 2× “” A.R.S. § 16-321(E). The legislature has provided no such exception for candidate nomination documents that require listing an “actual residence address.”
Free Libertarian Party, Inc. v. Spano, 314 F. Supp. 3d 444 (E.D.N.Y 2018).
“3d at 1036-38 (finding unconstitutional Ariz. Rev. Stat. Ann. § 16-321 (D), which required in relevant part that "[t]he person before whom the signatures were written on the signature sheet shall be qualified to register to vote in this state .”
Raymond L Malnar v. Elizabeth Joice, 337 P.3d 43 (Ariz. 2014).
· cites it 2× “See A.R.S. § 16-321(A) (limiting the number of petitions for the same office that an elector may sign).”
Klebba v. Carpenter, 139 P.3d 609 (Ariz. 2006).
“”) § 16-321(D) (Supp.2005) (requiring “[t]he person before whom the signatures were written” to verify signatures); Brousseau v.”
— Ariz. Rev. Stat. § 16-321(A) — 2 cases
— Ariz. Rev. Stat. § 16-321(B) — 4 cases
Brousseau v. Fitzgerald, 675 P.2d 713 (Ariz. 1984).
“A.R.S. § 16-321(B) provides, in part: “The person before whom the signatures were written on the signature sheet shall be a qualified elector of this state and shall verify that each of the names on the petition was signed in his presence on the date indicated, and that in his…”
— Ariz. Rev. Stat. § 16-321(C) — 1 case
Moreno v. Jones, 139 P.3d 612 (Ariz. 2006).
“See A.R.S. § 16-321(C) (providing that if elector signs more than one petition for the same office and the signatures are dated on the same date, “all signatures by that elector on that day are deemed invalid”).”
— Ariz. Rev. Stat. § 16-321(D) — 6 cases
Moreno v. Jones, 139 P.3d 612 (Ariz. 2006).
“See A.R.S. § 16-321(C) (providing that if elector signs more than one petition for the same office and the signatures are dated on the same date, “all signatures by that elector on that day are deemed invalid”).”
State v. Jones, 218 P.3d 1012 (Ariz. Ct. App. 2009).
“as the circulator,” substantial evidence supported the superior court’s “finding that Jones had presented to the Secretary of State nomination petitions that he had verified as the circulator knowing that he had not obtained the signatures in his presence as required by A.R.S. §…”
Nader v. Brewer, 531 F.3d 1028 (9th Cir. 2008).
“” Ariz.Rev.Stat. § 16-321(D). The provision enumerating the requirements for voter registration in turn provides, in relevant part: “Every resident of the state is qualified to register' to vote if he .”
Jenkins v. Hale, 190 P.3d 175 (Ariz. 2008).
“in his belief each signer was a qualified elector who resides at the address given as the signer’s residence on the date indicated____” § 16-321(D). ¶8 Any qualified elector may challenge a candidate’s petitions.”
Klebba v. Carpenter, 139 P.3d 609 (Ariz. 2006).
“”) § 16-321(D) (Supp.2005) (requiring “[t]he person before whom the signatures were written” to verify signatures); Brousseau v.”
— Ariz. Rev. Stat. § 16-321(E) — 1 case
Judith K Lohr v. Shawnna Bolick, 471 P.3d 639 (Ariz. 2020).
“” A.R.S. § 16-321(E). The legislature has provided no such exception for candidate nomination documents that require listing an “actual residence address.”
— Ariz. Rev. Stat. § 16-321(F) — 1 case
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