Overview

The County Attorney is a constitutionally created office in every Arizona county. A.R.S. Const. Art. XII, § 3; see also A.R.S. § 11-401(A)(5). **Each county has a County Attorney, who is elected in partisan elections. See 2023 EPM at 148. The County Attorney is the public prosecutor of their county. A.R.S. § 11-532(A).

Election-Related Duties

The key duties of the County Attorney are:

1. Providing legal counsel to county officers on matters relating to their official duties. A.R.S. § 11-532(A)(7).
2. Providing counsel when a post-election logic and accuracy test does not provide the same results as one done before the election. See 2023 EPM at 243–44.
3. Providing counsel when an error or malfunction occurs in the voting equipment in the post-election logic and accuracy test. See 2023 EPM at 243–44.
4. Pursuing enforcement actions for violations of county campaign finance laws. See A.R.S. § 16-938(C).
5. Receiving voter registration applications for further investigation, if they have been rejected by the County Recorder or other election officer, based on the inability to verify that the applicant is a U.S. citizen. A.R.S. § 16-121.01(E).
6. Defending claims against the county. See A.R.S. § 11-532(A)(9).

Selection and Vacancy Information

• Elected: County Attorneys are elected by the residents of their respective counties. A.R.S. Const. Art. XII, § 3.
• Term of Office: County Attorneys are elected every four years, coinciding with presidential elections. A.R.S. Const. Art. XII, § 3.**
• Next Election: The next election for the office of County Attorney will be on Tuesday, November 5, 2024. See A.R.S. Const. Art. XII, § 3.
• Qualifications: An individual must be an attorney, “licensed and in good standing” in Arizona. A.R.S. § 11-531(A). As a prerequisite to assuming any county office, the individual must also be at least 18 years old, a resident of Arizona, a voter of the county in which they are running, and be able to read and write English. The Board of Supervisors is the “sole judge of such qualifications,” subject to review by the local Superior Court. A.R.S. § 11-402.
• Restrictions: If the county has a population greater than 60,000 people, the County Attorney cannot “engage in the private practice of law.” A.R.S. § 11-403(B).
• Vacancy: The Board of Supervisors appoints a successor to fill any vacancy in the office of County Attorney. A.R.S. § 11-251(16).