Overview

Arizona does not have a post-certification audit or a risk-limiting audit in the same way that many states employ. However, Arizona does employ a hand count audit of a limited number of precincts or vote centers before the certification of results. 2023 EPM at 221–242*.* By comparing the audit results against the electronically tabulated election results, election officials can confirm whether the voting machines were properly and accurately counting the votes. In the event discrepancies beyond the designated margin are discovered, the hand count audit can be expanded. 2023 EPM at 221–242.

When Is the Hand Count Audit Conducted?

Both the early ballot and the precinct hand count audits must begin within 24 hours after polls close on Election Day. 2023 EPM at 232; A.R.S. § 16-602(I). The training of the Hand Count Audit Board members, selection of the precincts and races to be counted, and any other activity that facilitates the process, is legally considered to be part of the start of the hand count audit. 2023 EPM at 232. The hand count audit must also be completed before the county canvass begins. 2023 EPM at 232; A.R.S. § 16-602(I).

Designating Members to the Hand Count Board

At least 14 days before an election, the officer in charge of election (typically the County Elections Director) notifies the county chairpersons of both major political parties to nominate Hand Count Board members who will perform the audits. 2023 EPM at 221*.* The officer in charge of elections must also determine how many board members will be needed to perform the hand count audit. 2023 EPM at 221.

The county party chairpersons, or their designee, must designate the requested number of Hand Count Board members, and their alternates, at least seven days before the election. 2023 EPM at 222*.* If there is a shortage of board members, the officer in charge of elections must notify the political party chairperson by 9 a.m. on the Wednesday before the election so that they can provide the names of additional board members by 5 p.m. the following day. 2023 EPM at 222.

Qualifications of the Hand County Board Members

Hand Count Board members must be registered voters of Arizona. 2023 EPM at 222. *However, even though they are designated by political parties, they need not be registered with the party that designated them. *2023 EPM at 222.

Oversight of the Hand Count

The officer in charge of election (typically the County Elections Director) is responsible for supervising the performance of the audit. *2023 EPM* at 221.

Canceling the Hand Count Audit

Hand count audits may be canceled if one county party chairperson fails to designate a sufficient number of Hand Count Board members by the deadline. If there are insufficient Hand Count Board members having been designated and appearing at the designated time and place by 5 p.m. on the Thursday before the election, then the hand count audit will be cancelled. *2023 EPM at 222*.

The county officer in charge of elections will then notify the Secretary of State that the county hand county audit has been canceled for that election. 2023 EPM at 222. The officer in charge of elections must also list the steps they took to ensure the audit would happen. 2023 EPM at 222.

County parties are expected to act in good faith to ensure that the hand count audit occurs. However, there is reason to be concerned that the county parties have not been meeting this obligation. For example, in the 2022 general election, three of 15 counties did not complete a hand count audit because one or both political parties did not designate a sufficient number of board members. “Summary of Hand Counts 2022.” In 2020, this number was five counties. Apache, Gila, and La Paz counties canceled their hand count audits for both of these last two general election cycles for this very reason. "Summary of Hand Counts 2022."

Creating the Hand Count Board

With a sufficient number of Hand Count Board members present, the officer in charge of elections chooses among the individuals nominated, selecting at least two judges and one inspector to serve on each board. 2023 EPM at 222. **No more than 75% of the members of the Hand Count Board may be from the same political party. 2023 EPM at 222. All Hand Count Board members are required to take an oath to faithfully and impartially discharge their duties. A.R.S. § 38-231(E).

Scope of the Hand Count Audit

The hand count audit is conducted on two batches of ballots, early ballots and regular ballots cast on Election Day. A.R.S. § 16-602(B)(F); 2023 EPM at 223.