Arizona Revised Statutes

Ariz. Rev. Stat. § 16-661 (2026)

Automatic recount; requirements

✓ current as of May 2026
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A. A recount of the vote is required when the canvass of returns in a primary or general election shows that the margin between the two candidates receiving the greatest number of votes for a particular office, or between the number of votes cast for and against initiated or referred measures or proposals to amend the Constitution of Arizona, is less than or equal to one-half of one percent of the number of votes cast for both such candidates or on such measures or proposals.

B. Subsection A of this section does not apply to elections for precinct committeemen, school district governing boards, community college district governing boards, fire district boards or fire district chiefs or secretary-treasurers or boards of other special districts.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1987–2023 · leading case: Kari Lake v. Adrian Fontes, 83 F.4th 1199 (9th Cir. 2023).
Kari Lake v. Adrian Fontes, 83 F.4th 1199 (9th Cir. 2023). “” Ariz. Rev. Stat. § 16-661 . When not in use, the hardware components of electronic tabulation systems are inventoried, stored in secure locations, and sealed with tamper-resistant seals.”
Huggins v. Superior Court, 788 P.2d 81 (Ariz. 1990). · cites it 2× “After conducting a recount pursuant to A.R.S. § 16-661, the Secretary of State reported that Patton had won by 3,593 votes to Huggins’s 3,585.”
Babnew v. Linneman, 740 P.2d 511 (Ariz. Ct. App. 1987). · cites it 2× “209, § 3, deal with the automatic recount, required by A.R.S. § 16-661 when the margin of votes is a certain percentage or a certain number.”
Kelli Ward v. Constance Jackson (Ariz. 2020). · cites it 2× “A.R.S. § 16-661(A)(1). The Secretary’s certification followed Maricopa County’s audit.”
Kari Lake v. Adrian Fontes (9th Cir. 2023). “” Ariz. Rev. Stat. § 16-661 . When not in use, the hardware components of electronic tabulation systems are inventoried, stored in secure locations, and sealed with tamper-resistant seals.”
— Ariz. Rev. Stat. § 16-661(A)(1) — 1 case
Kelli Ward v. Constance Jackson (Ariz. 2020). “A.R.S. § 16-661(A)(1). The Secretary’s certification followed Maricopa County’s audit.”
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