Any elector can bring a contest of election based on the grounds listed in the Arizona Revised Statute. The Superior Court has authority in election contests to appoint an inspector to serve along with the inspectors appointed by each major political party. The Superior Court also has the power to set aside the results or declare an alternate winner based on its assessment of who has the most legal votes.
Any voter of the state can contest the election of any person elected to a state office or the declared result of a ballot measure. A.R.S. § 16-672. Likewise, a county voter may contest the election of any person elected to county office in the same manner as statewide contests. A.R.S. § 16-674(A).
The voter must allege one of the following grounds:
The statute does not specify whether the voter must provide evidence at this stage. However, once before the court, contests have been readily dismissed for failure to present evidence. See Ward v. Jackson, 2020 Ariz. LEXIS 313 (Ariz. Dec. 8, 2020), cert. denied, 141 S. Ct. 1381, 209 L. Ed. 2d 125, 2021 U.S. LEXIS 1125 (U.S. 2021).
A voter contesting an election must submit their “statement of contest” within five days after the completion of the state canvass and declaration of the results by the Secretary of State or Governor. A.R.S. § 16-673(A). The statement must include the name and address of the person contesting the election (and that they are a voter in the state and county they reside), the name of the person and their elected office or the ballot measure they are contesting, and the specific grounds (listed above) for their contest. A.R.S. § 16-673(A). The statement must be verified by affidavit that the voter believes the content of their statement to be true. A.R.S. § 16-673(B).
The voter must file their contest in the Superior Court of the county where they reside or in the Superior Court of Maricopa County. A.R.S. § 16-672(B). The Attorney General may intervene for contests of state offices or ballot measures. A.R.S. § 16-672(C). The Attorney General may also move the contest to Maricopa County if it was initiated elsewhere. A.R.S. § 16-672(C).
Once the statement of contest is filed, the Clerk of the Superior Court issues a summons to be served on the individual, or “contestee” whose election is being contested. A.R.S. § 16-675(A). The contestee has five days to answer the summons. A.R.S. § 16-675(A). If they do not respond, the trial hearing will continue ex parte (not requiring all the parties to the dispute to be present). A.R.S. § 16-675(A). If a ballot measure is being contested, then the summons is served on the Governor and Attorney General, who may appear and answer the statement of contest. A.R.S. § 16-675(A).
After the statement of contest is filed, either party may request to inspect ballots in preparing for trial. A.R.S. § 16-677(A). The applying party must submit their request to the Clerk of the Court. A.R.S. § 16-677(B). The request must state that they “cannot properly prepare for trial without an inspection of the ballots.” A.R.S. § 16-677(B). The requestor must also pay a bond, with the principal amount of $300 and a promise to pay the costs and expenses [1] of the inspection if they fail to maintain the contest. A.R.S. § 16-677(B).
The court will appoint three inspectors, one selected each by both parties, and one by the court, to conduct the inspection. A.R.S. § 16-677(B). If either party fails to name an inspector, the court will make the appointment. A.R.S. § 16-677(B). The inspection of ballots must be made before the custodian of the ballots. A.R.S. § 16-677(C). The inspectors will be compensated by the losing party. A.R.S. § 16-677(C).