Arizona Revised Statutes

Ariz. Rev. Stat. § 16-545 (2026)

Early ballot

✓ current as of May 2026
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A. The early ballot shall be one prepared for use in the precinct in which the applicant resides and, if a partisan primary election, of the political party with which the applicant is affiliated as shown by the affidavit of registration. The ballot shall be identical with the regular official ballots, except that it shall have printed or stamped on it "early".

B. The officer charged by law with the duty of preparing ballots at any election shall:

1. Prepare the official early ballot and deliver a sufficient number to the recorder or other officer in charge of elections not later than the thirty-third day before the election. Except as provided in section 16-542, subsection D, regular early ballots shall not be distributed to the general public before the beginning of early voting.

2. Ensure that the ballot return envelopes are of a type that does not reveal the voter's selections or political party affiliation and that is tamper evident when properly sealed.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1992–2023 · leading case: Transp. Infrastructure Moving Arizona's Econ. v. Brewer, 196 P.3d 229 (Ariz. 2008).
Transp. Infrastructure Moving Arizona's Econ. v. Brewer, 196 P.3d 229 (Ariz. 2008). · cites it 4× “) (amending A.R.S. § 16-545(B)) (requiring delivery of early ballots to the recorder no later than the thirty-third day before the election); id.”
McComb v. Superior Court, 943 P.2d 878 (Ariz. Ct. App. 1997). · cites it 4× “Therefore, the ballots must be printed prior to the commencement of absentee voting, and plaintiffs would have had to file their suit and obtain injunctive relief prior to printing, at or before the beginning of October. It hardly seems unreasonable for plaintiffs not to have…”
Harris v. Purcell, 973 P.2d 1166 (Ariz. 1998). · cites it 2× “6 In fact, early voting procedures for the November 3 election began October 1, when early ballots were distributed to the county recorders in compliance with A.R.S. § 16-545. 7 ¶ 14 On September 22, the trial judge granted, without prejudice, separate motions to dismiss by…”
Arizonans for Fair Representation v. Symington, 828 F. Supp. 684 (D. Ariz. 1992). · cites it 2× “A.R.S. § 16-545(A). Fifth, the primary election is scheduled for September 8, 1992.”
Browne v. Bayless, 46 P.3d 416 (Ariz. 2002). · cites it 2× “The period between the deadline and the election is further abbreviated by Arizona’s early ballot law, A.R.S. § 16-545, which requires that ballots be available for mailing to voters who request them 33 days prior to the general election.”
Miller v. Picacho Elementary Sch. Dist. 33, 857 P.2d 1308 (Ariz. Ct. App. 1993). · cites it 2× “§ 16-542 states in relevant part: B. The recorder or other officer in charge of elections shall mail postage prepaid to the requesting elector the absentee ballot .”
Transp. Infrastructure v. Brewer (Ariz. 2008). · cites it 4× “) (amending A.R.S. § 16-545(B)) (requiring delivery of early ballots to the recorder no later than the thirty-third day before the election); id.”
Arizona Repub. Party v. Fontes (Ariz. Ct. App. 2023). · cites it 2× “” A.R.S. § 16-545(B)(2) (emphasis added). And, when opening the envelope containing a mail-in ballot, election officials must “take out the ballot without unfolding it or permitting it to be opened or examined.”
Arizona Democratic Party v. Hobbs (D. Ariz. 2020). · cites it 2× “” A.R.S. § 16-545. 2 The parties stipulated to the admission of Plaintiffs’ Exhibits 1-32 (Doc.”
— Ariz. Rev. Stat. § 16-545(A) — 1 case
Arizonans for Fair Representation v. Symington, 828 F. Supp. 684 (D. Ariz. 1992). “A.R.S. § 16-545(A). Fifth, the primary election is scheduled for September 8, 1992.”
— Ariz. Rev. Stat. § 16-545(B) — 2 cases
Transp. Infrastructure Moving Arizona's Econ. v. Brewer, 196 P.3d 229 (Ariz. 2008). “) (amending A.R.S. § 16-545(B)) (requiring delivery of early ballots to the recorder no later than the thirty-third day before the election); id.”
Transp. Infrastructure v. Brewer (Ariz. 2008). “) (amending A.R.S. § 16-545(B)) (requiring delivery of early ballots to the recorder no later than the thirty-third day before the election); id.”
— Ariz. Rev. Stat. § 16-545(B)(2) — 1 case
Arizona Repub. Party v. Fontes (Ariz. Ct. App. 2023). “” A.R.S. § 16-545(B)(2) (emphasis added). And, when opening the envelope containing a mail-in ballot, election officials must “take out the ballot without unfolding it or permitting it to be opened or examined.”
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