Bill Text: AZ HB2440 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Attorney general; election certification; prohibition
Spectrum: Partisan Bill (Republican 13-0)
Status: (Introduced) 2025-02-05 - House FMAE Committee action: Do Pass, voting: (4-3-0-0-0-0) [HB2440 Detail]
Download: Arizona-2025-HB2440-Introduced.html
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REFERENCE TITLE: attorney general; election certification; prohibition |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2440 |
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Introduced by Representatives Keshel: Biasiucci, Chaplik, Diaz, Fink, Heap, Kolodin, Marshall, Peņa, Pingerelli, Powell, Taylor, Weninger
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AN ACT
amending title 16, chapter 4, article 11, Arizona Revised Statutes, by adding section 16-652; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 11, Arizona Revised Statutes, is amended by adding section 16-652, to read:
16-652. County election canvass certification; board of supervisors; attorney general; prohibition; definitions
A. Notwithstanding any other law, the attorney general shall not prosecute or otherwise bring criminal charges or file a civil action against a member of a county board of supervisors based on that member's vote against the certification of the canvass of an election if that vote is based on either of the following:
1. A good faith belief that there are unresolved issues that materially affect the integrity or accuracy of the election results.
2. Any documentation or other evidence that was presented to the board of supervisors and that suggests potential irregularities or errors in the election process.
B. This section does not preclude the attorney general from investigating or prosecuting other election-related offenses that are not directly related to the vote of a member of the county board of supervisors against certification of the canvass of an election.
C. For the purposes of this section:
1. "Good faith belief" means a belief that is honestly held by the person and that is not arbitrary, capricious or driven by partisan motives.
2. "Documentation or other evidence" includes official reports, audits, sworn affidavits or expert testimony.
Sec. 2. Effective date
Section 16-652, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2025.
Sec. 3. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
