Emergency powers relating to elections are not specified in Arizona code. However, the Governor has the power to issue a declaration of emergency that could affect the administration of elections if it coincides with a man-made or natural disaster. Additionally, local election officials must create contingency plans for potential issues, including emergencies on Election Day.
The Governor has the power to issue a "declaration of emergency" due to a man-made or natural disaster. A.R.S. §§ 26-303(F), 35-192(A). During a state of emergency, the Governor has limited power to suspend statutes and regulations relating to the conduct of state operations and to direct state agencies to act in a certain manner to prevent or alleviate damage due to the emergency. A.R.S. § 26-303(E). This power is not specific to elections nor has it previously been used in such a way to alter, cancel, or overturn an election. So far this power has been used to handle emergencies relating to public health crises and the effects of extreme weather. A.R.S. § 26-301(15). The state of emergency ends upon proclamation by the Governor or concurrent resolution by both houses of the legislature. A.R.S. § 26-303(F).
On election day, law enforcement or other emergency personnel can order a polling location to be evacuated due to an emergency. 2023 EPM at 170. In this instance, if a polling location becomes unusable so that it can no longer function as a voting site, the Elections Director must follow a set of procedures to secure and safely transfer the ballots boxes and other official documents to a new location. 2023 EPM at 170.
Counties must also formulate a contingency plan for Election Day emergencies. These plans primarily cover plans for standard and commonplace issues such as long wait times, poll worker absences, voter outreach during a crisis, and relocation plans for the central counting center in the event of an emergency. "Maricopa 2024 Election Plan" at 64-66. The contingency plan does not consider the cancellation of elections, but does cover the possibility of extending voting hours due to a terrorist attack, natural or man-made disaster. "Maricopa 2024 Election Plan" at 66. Because the county does not have the statutory power to request the extension of polling hours, the Elections Director consults with the County Board of Supervisors, Sheriff's Office, County Attorney's Office, and the Secretary of State's Office to determine what actions to take. "Maricopa 2024 Election Plan" at 66.