Arizona Revised Statutes

Ariz. Rev. Stat. § 16-452 (2026)

Rules; instructions and procedures manual; approval of manual; field check and review of systems; violation; classification

✓ current as of May 2026

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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

Cited in 25 cases (16 in the last 5 years), 2003–2026 · leading case: Jesus Gonzalez v. State of Arizona, 677 F.3d 383 (9th Cir. 2012).

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Jesus Gonzalez v. State of Arizona, 677 F.3d 383 (9th Cir. 2012). · cites it 4× “According to the Arizona Election Procedures Manual, which has the force and effect of law, see Ariz. Rev. Stat. § 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…”

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× “” Ariz. Rev. Stat. § 16-452 (A). For the manual to take effect, both the Governor and the Attorney General must approve it.”

Maria Gonzalez v. State of Arizona, 624 F.3d 1162 (9th Cir. 2010). · cites it 2× “The Secretary of State, acting under statutory authority, see Ariz. Rev. Stat. § 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…”

Vince Leach v. Katie Hobbs, 483 P.3d 194 (Ariz. 2021). · cites it 2× “Section 19-118(A) provides that the Secretary “shall establish in the instructions and procedures manual issued pursuant to § 16-452 a procedure for registering circulators, including circulator registration applications, and shall publish on a website maintained by the…”

Leibsohn v. hobbs/voters Right to Know, 517 P.3d 45 (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.”

Repub. Nat'l Comm.; Repub. Party of Arizona v. Adrian Fontes; Voto Latino (Ariz. Ct. App. 2025). · cites it 18× “G A R D, Presiding Judge: ¶1 In this case, we consider whether the Arizona Secretary of State’s biennial promulgation of the Elections Procedures Manual (EPM), see A.R.S. § 16-452, is subject to the Arizona Administrative Procedure Act (APA), see A.”

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 (Ariz. 2020). · cites it 5× “2019 EPM at 233 5 ARIZONA PUBLIC INTEGRITY ALLIANCE, ET AL. V. FONTES, ET AL. Opinion of the Court (providing standards for election officials in determining voters’ intent); Ariz.”

Leibsohn v. hobbs/voters Right to Know (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.”

Arizona Repub. Party v. Richer (Ariz. Ct. App. 2023). · cites it 5× “The legislature also amended § 16-602(B) to require that the “hand count shall be conducted as prescribed by this section and in accordance with hand count procedures established by the secretary of state in the official instructions and procedures manual [“EPM”] adopted…”

Show all 25 citing cases →

— Ariz. Rev. Stat. § 16-452(A) — 11 cases

Jesus Gonzalez v. State of Arizona, 677 F.3d 383 (9th Cir. 2012). “According to the Arizona Election Procedures Manual, which has the force and effect of law, see Ariz. Rev. Stat. § 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…”

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). “The Secretary of State, acting under statutory authority, see Ariz. Rev. Stat. § 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…”

Az Pub. Integrity v. Adrian Fontes (Ariz. 2020). “2019 EPM at 233 5 ARIZONA PUBLIC INTEGRITY ALLIANCE, ET AL. V. FONTES, ET AL. Opinion of the Court (providing standards for election officials in determining voters’ intent); Ariz.”

Gonzalez v. Arizona, 649 F.3d 953 (9th Cir. 2010).

— 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.”

Leibsohn v. hobbs/voters Right to Know, 517 P.3d 45 (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.”

Leibsohn v. hobbs/voters Right to Know (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.”

Arizona Repub. Party v. Richer (Ariz. Ct. App. 2023). “The legislature also amended § 16-602(B) to require that the “hand count shall be conducted as prescribed by this section and in accordance with hand count procedures established by the secretary of state in the official instructions and procedures manual [“EPM”] adopted…”

— 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.”

Repub. Nat'l Comm.; Repub. Party of Arizona v. Adrian Fontes; Voto Latino (Ariz. Ct. App. 2025). “G A R D, Presiding Judge: ¶1 In this case, we consider whether the Arizona Secretary of State’s biennial promulgation of the Elections Procedures Manual (EPM), see A.R.S. § 16-452, is subject to the Arizona Administrative Procedure Act (APA), see A.”

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