16-645. Canvass and return of precinct vote; declaring nominee of party; certificate of nomination; write-in candidates
A. When the board of supervisors, or the governing body of a city or town, has completed its canvass of precinct returns, the person having the largest number of votes, or if more than one candidate is necessary, those candidates to the required number who have received the largest number of votes for the nomination for an office in the political party of which the person was set forth on the ballot as a candidate for the nomination, shall be declared the nominee of the party for that office and shall be given a certificate of nomination for that office by the board or governing body, which shall entitle the person to have the person's name placed on the official ballot at the ensuing election as the nominee of the party for the office. When canvassing write-in votes the apparent intent of the voter shall be taken into consideration to the extent possible and the standard prescribed for federal write-in candidates in section 16-543.02, subsection C applies.
B. The board of supervisors shall deliver the official canvass by electronic means to the secretary of state within thirteen calendar days after the primary election, and the secretary of state shall on or before the third Thursday following the primary election canvass the return and issue a letter declaring nomination as provided in this section to the nominees who filed nominating petitions and papers with the secretary of state pursuant to section 16-311, subsection D. For any partisan primary election, the governing body or officer in charge of elections shall prepare and transmit to the secretary of state along with the official canvass the total by party of partisan ballots selected in that primary election by voters who registered as no party preference, as independents or as members of a political party that is not qualified for representation on the ballot.
C. A certificate of election shall not be issued to a write-in candidate for precinct committeeman or a write-in candidate for a nonpartisan office unless the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.
D. Except as provided in subsection C of this section, a letter declaring nomination shall not be issued to a write-in candidate of a party that has not qualified for continued representation on the official ballot pursuant to section 16-804 unless the candidate receives a plurality of the votes of the party for the office for which the candidate is a candidate.
E. Except as provided by subsection C of this section, a letter declaring nomination shall not be issued to a write-in candidate of a party qualified for continued representation on the official ballot unless the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office.
F. A certificate of election shall not be issued to presidential electors who are pledged to a write-in candidate for president unless that candidate received the highest number of votes cast for the office of president.
Notes of Decisions
Cited in
11
cases, 1990–2019 · leading case:
Bush v. Gore, 531 U.S. 98 (2000).
Bush v. Gore, 531 U.S. 98 (2000).
· cites it 2× “The following States use an "intent of the voter" standard: Ariz. Rev. Stat. Ann. § 16-645 (A) (Supp.”
Arizona Libertarian Party v. Katie Hobbs, 925 F.3d 1085 (9th Cir. 2019).
“See Ariz. Rev. Stat. § 16-645 (D)–(E). Because the Libertarian Party expressly disclaims any challenge to Arizona’s general election ballot access requirements, we do not consider this argument.”
Van Arsdell v. Shumway, 798 P.2d 1298 (Ariz. 1990).
· cites it 4× “A.R.S. § 16-645(B) then requires that the Secretary of State canvass the primary returns for state officers or officers representing areas larger than a county or multicounty districts and issue the successfully elected persons certificates of nomination.”
State Ex Rel. League v. Herrera, 203 P.3d 94 (N.M. 2009).
“Statutes using the voter-intent standard, stated either in the positive or the negative, include: Ariz.Rev. Stat. Ann. § 16-645(A) (2006) ("When canvassing write-in votes the apparent intent of the voter shall be taken into consideration to the extent possible.”
Kyle v. Daniels, 9 P.3d 1043 (Ariz. 2000).
· cites it 2× “See A.R.S. § 16-645(A) (Supp.1999). ¶ 12 The write-in candidate who succeeds in the primary does not remain a write-in candidate in the general election, but rather becomes the party’s candidate for the office with his or her name printed on the general election ballot.”
State ex rel. League of Women Voters v. Herrera, 2009 NMSC 003 (N.M. 2009).
“Statutes using the voter-intent standard, stated either in the positive or the negative, include: Ariz.Rev. Stat. Ann. § 16-645(A) (2006) (“When canvassing write-in votes the apparent intent of the voter shall be taken into consideration to the extent possible.”
Arizona Libertarian Party v. Reagan, 189 F. Supp. 3d 920 (D. Ariz. 2016).
“Plaintiffs also ask the Court to require the Secretary “to place their primary election write-in candidates on the general election ballot pursuant to Section 16-645(E) if the candidates receive at least as many votes in the primary election as the number of signatures” that…”
Graham v. Tamburri, 377 P.3d 323 (Ariz. 2016).
“Thus, Arizona’s amended signature requirements for the primary election—which do not require Libertarians to open their election to non-members—ensure that candidates who ultimately appear on the general election ballot have some “modicum of support” as allowed by the First…”
KATAN v. City of Prescott, 221 P.3d 370 (Ariz. Ct. App. 2009).
· cites it 2× “See A.R.S. §§ 16-645 (2006) (party nominees); -650 (2006) (certificate of elections by secretary of state); -665 (2006) (certificate of election in recounts).”
Robert Graham v. Frank Tamburri (Ariz. 2016).
“Thus, Arizona’s amended signature requirements for the primary election - which do not require Libertarians to open their election to non-members - ensure that candidates who ultimately appear on the general election ballot have some “modicum of support” as allowed by the First…”
Arizona Libertarian Party v. Katie Hobbs (9th Cir. 2019).
“See Ariz. Rev. Stat. § 16-645 (D)–(E). Because the Libertarian Party expressly disclaims any challenge to Arizona’s general election ballot access requirements, we do not consider this argument.”
— Ariz. Rev. Stat. § 16-645(A) — 5 cases
State Ex Rel. League v. Herrera, 203 P.3d 94 (N.M. 2009).
“Statutes using the voter-intent standard, stated either in the positive or the negative, include: Ariz.Rev. Stat. Ann. § 16-645(A) (2006) ("When canvassing write-in votes the apparent intent of the voter shall be taken into consideration to the extent possible.”
Kyle v. Daniels, 9 P.3d 1043 (Ariz. 2000).
“See A.R.S. § 16-645(A) (Supp.1999). ¶ 12 The write-in candidate who succeeds in the primary does not remain a write-in candidate in the general election, but rather becomes the party’s candidate for the office with his or her name printed on the general election ballot.”
State ex rel. League of Women Voters v. Herrera, 2009 NMSC 003 (N.M. 2009).
“Statutes using the voter-intent standard, stated either in the positive or the negative, include: Ariz.Rev. Stat. Ann. § 16-645(A) (2006) (“When canvassing write-in votes the apparent intent of the voter shall be taken into consideration to the extent possible.”
Graham v. Tamburri, 377 P.3d 323 (Ariz. 2016).
“Thus, Arizona’s amended signature requirements for the primary election—which do not require Libertarians to open their election to non-members—ensure that candidates who ultimately appear on the general election ballot have some “modicum of support” as allowed by the First…”
Robert Graham v. Frank Tamburri (Ariz. 2016).
“Thus, Arizona’s amended signature requirements for the primary election - which do not require Libertarians to open their election to non-members - ensure that candidates who ultimately appear on the general election ballot have some “modicum of support” as allowed by the First…”
— Ariz. Rev. Stat. § 16-645(B) — 1 case
Van Arsdell v. Shumway, 798 P.2d 1298 (Ariz. 1990).
“A.R.S. § 16-645(B) then requires that the Secretary of State canvass the primary returns for state officers or officers representing areas larger than a county or multicounty districts and issue the successfully elected persons certificates of nomination.”
— Ariz. Rev. Stat. § 16-645(E) — 1 case
Arizona Libertarian Party v. Reagan, 189 F. Supp. 3d 920 (D. Ariz. 2016).
“Plaintiffs also ask the Court to require the Secretary “to place their primary election write-in candidates on the general election ballot pursuant to Section 16-645(E) if the candidates receive at least as many votes in the primary election as the number of signatures” that…”
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