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.
Notes of Decisions
Jesus Gonzalez v. State of Arizona, 677 F.3d 383 (9th Cir. 2012).
· cites it 4× “§ 16-452 , if a rejected applicant wants to make a second attempt to pro- vide evidence of citizenship, he or she must submit an entirely new voter registration form in order to do so.”
Democratic Nat'l Comm. v. Reagan, 329 F. Supp. 3d 824 (D. Ariz. 2018).
· cites it 6× “" A.R.S. § 16-452(A). These rules are prescribed in the Election Procedures Manual and have the force of law.”
Arizona Democratic Party v. Katie Hobbs, 18 F.4th 1179 (9th Cir. 2021).
· cites it 3× “The draft manual further instructed election officials to grant voters the extra five days also with respect to ballots with missing signatures.”
Maria Gonzalez v. State of Arizona, 624 F.3d 1162 (9th Cir. 2010).
· cites it 2× “§ 16-452 (A), (B), promulgated a procedure specifying the “forms of identification” accepted under the statute, which included photograph-bearing documents such as driver’s licenses and non-photograph-bearing documents such as util- ity bills or bank statements.”
Vince Leach v. Katie Hobbs, 483 P.3d 194 (Ariz. 2021).
· cites it 2× “” Circulators must also provide an address “at which the circulator will accept service of process related to disputes concerning circulation of that circulator’s petitions.”
Leibsohn v. hobbs/voters Right to Know, 517 P.3d 45 (Ariz. 2022).
· cites it 5× “Brnovich v. City of Tucson, 242 Ariz. 588 , 595 ¶ 25 (2017) (noting this Court is “authorized and 9 obligated .”
Arizona Repub. Party v. Richer, 532 P.3d 355 (Ariz. Ct. App. 2023).
· cites it 5× “But the legislature did not change the procedures in § 16-602(B)(1), which outlines what each county must do in conducting a hand count, including the requirement that “[a]t least two percent of the precincts in that county, or two precincts, whichever is greater, shall be…”
Arizona Repub. Party v. Richer, 532 P.3d 355 (Ariz. Ct. App. 2023).
· cites it 5× “But the legislature did not change the procedures in § 16-602(B)(1), which outlines what each county must do in conducting a hand count, including the requirement that “[a]t least two percent of the precincts in that county, or two precincts, whichever is greater, shall be…”
Repub. Nat'l Comm. v. Adrian Fontes, 566 P.3d 984 (Ariz. Ct. App. 2025).
· cites it 18× “§§ 41-1001 to 41-1039, and, if so, whether the Secretary substantially complied with that Act’s rulemaking procedures in promulgating the 2023 EPM.”
Arizona Libertarian Party, Inc. v. Bayless, 351 F.3d 1277 (9th Cir. 2003).
“The Secretary of State in Arizona is responsible for promulgating rules and procedures for the administration of primary elections, including rules related to the distribution of ballots.”
Az Pub. Integrity v. Adrian Fontes, No. CV-20-0253-AP/EL (Ariz. Nov. 5, 2020).
· cites it 5× “¶16 The Secretary must follow a specific procedure in promulgating election rules.”
Leibsohn v. hobbs/voters Right to Know, 254 Ariz. 1 (Ariz. 2022).
· cites it 5× “¶22 We are not persuaded to reach a different interpretation of § 19-118(B)(5) simply because the Secretary may construe the requirement differently.”
Ariz. Rev. Stat. § 16-452(A): 11 cases
Jesus Gonzalez v. State of Arizona, 677 F.3d 383 (9th Cir. 2012).
“§ 16-452 , if a rejected applicant wants to make a second attempt to pro- vide evidence of citizenship, he or she must submit an entirely new voter registration form in order to do so.”
Democratic Nat'l Comm. v. Reagan, 329 F. Supp. 3d 824 (D. Ariz. 2018).
“" A.R.S. § 16-452(A). These rules are prescribed in the Election Procedures Manual and have the force of law.”
Maria Gonzalez v. State of Arizona, 624 F.3d 1162 (9th Cir. 2010).
“§ 16-452 (A), (B), promulgated a procedure specifying the “forms of identification” accepted under the statute, which included photograph-bearing documents such as driver’s licenses and non-photograph-bearing documents such as util- ity bills or bank statements.”
Arizona Repub. Party v. Richer, 532 P.3d 355 (Ariz. Ct. App. 2023).
“But the legislature did not change the procedures in § 16-602(B)(1), which outlines what each county must do in conducting a hand count, including the requirement that “[a]t least two percent of the precincts in that county, or two precincts, whichever is greater, shall be…”
Arizona Repub. Party v. Richer, 532 P.3d 355 (Ariz. Ct. App. 2023).
“But the legislature did not change the procedures in § 16-602(B)(1), which outlines what each county must do in conducting a hand count, including the requirement that “[a]t least two percent of the precincts in that county, or two precincts, whichever is greater, shall be…”
Ariz. Rev. Stat. § 16-452(B): 9 cases
Democratic Nat'l Comm. v. Reagan, 329 F. Supp. 3d 824 (D. Ariz. 2018).
“" A.R.S. § 16-452(A). These rules are prescribed in the Election Procedures Manual and have the force of law.”
Arizona Repub. Party v. Richer, 532 P.3d 355 (Ariz. Ct. App. 2023).
“But the legislature did not change the procedures in § 16-602(B)(1), which outlines what each county must do in conducting a hand count, including the requirement that “[a]t least two percent of the precincts in that county, or two precincts, whichever is greater, shall be…”
Arizona Repub. Party v. Richer, 532 P.3d 355 (Ariz. Ct. App. 2023).
“But the legislature did not change the procedures in § 16-602(B)(1), which outlines what each county must do in conducting a hand count, including the requirement that “[a]t least two percent of the precincts in that county, or two precincts, whichever is greater, shall be…”
Leibsohn v. hobbs/voters Right to Know, 254 Ariz. 1 (Ariz. 2022).
“¶22 We are not persuaded to reach a different interpretation of § 19-118(B)(5) simply because the Secretary may construe the requirement differently.”
Ariz. Rev. Stat. § 16-452(C): 3 cases
Democratic Nat'l Comm. v. Reagan, 329 F. Supp. 3d 824 (D. Ariz. 2018).
“" A.R.S. § 16-452(A). These rules are prescribed in the Election Procedures Manual and have the force of law.”
Arizona Libertarian Party, Inc. v. Bayless, 351 F.3d 1277 (9th Cir. 2003).
“The Secretary of State in Arizona is responsible for promulgating rules and procedures for the administration of primary elections, including rules related to the distribution of ballots.”
Repub. Nat'l Comm. v. Adrian Fontes, 566 P.3d 984 (Ariz. Ct. App. 2025).
“§§ 41-1001 to 41-1039, and, if so, whether the Secretary substantially complied with that Act’s rulemaking procedures in promulgating the 2023 EPM.”
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