The primary mechanism for compelling election officials to meet their statutorily required election duties is through the courts. Arizona law provides numerous criminal and civil penalties for specific violations of the election code. The Attorney General and County Attorneys play a key role in holding bad faith election officials responsible through prosecution and referring violations of election law to the appropriate body, such as a grand jury. The Secretary of State and voters with standing may also bring suit.
Both the County Boards of Supervisors and the Secretary of State have a non-discretionary duty to canvass election returns as provided by the County Recorder or the counties, respectively, and have “no authority to change vote totals, reject the election results, or delay certifying the results without express statutory authority or a court order.” 2023 EPM at 248, 252.
There are a number of provisions of the Arizona Election Code that involve criminal penalties when violated. A few are specific to election officials acting illegally—or failing to act—in their official capacity, and many others are much broader and could apply to any person. However, they might also apply to an election official if they were to take action to undermine, interfere with, or falsify records related to the election. A.R.S. §§ 16-1001–023.
It is a class 3 misdemeanor for a public officer to fail or refuse to perform an official duty required by the code that they know they must perform. A.R.S. § 16-1009. That offense rises to a class 6 felony if the individual refusing to perform an election duty is in fact an election officer acting in their official capacity. A.R.S. § 16-1010.
Additionally, it is a class 5 felony for any person who knowingly interferes in the performance of the duties of an election officer responsible for canvassing. A.R.S. § 16-1004. This also includes inducing the officer to violate their duty or any law governing the election. A.R.S. § 16-1004.
It is a class 6 felony for an officer or agent of the state to modify or change an election-related date provided for in statute, unless ordered so by a court of the jurisdiction. For example, a Board of Supervisors cannot alter the canvass or certification deadline without a court order. A.R.S. § 16-407.03.
It is a class 3 felony for any person to knowingly forge or counterfeit election returns, ballot tabulations, or vote totals. A.R.S. § 16-1011. Additionally, it is a class 5 felony for any person to knowingly alter, destroy, or improperly mix ballots and other election materials (such as polls lists, ballot boxes, and returns). A.R.S. § 16-1016.
It is a class 1 misdemeanor for elections officials to interfere with judicial proceedings by knowingly disobeying or resisting a lawful order. A.R.S. § 13-2810. Election officials who aid in the commission of a violation of Arizona election law, or in agreement with one or more individuals, to commit such an act, may be charged with conspiracy. A.R.S. § 13-1003.
These provisions in the election code may be enforced by the Attorney General through both civil and criminal actions for elections of a state office, the legislature, the State Supreme Court, the Court of Appeals, or statewide ballot measures. A.R.S. § 16-1021. For elections of county or local offices, the appropriate county, city, or town attorney has the power to to enforce violations of this title through civil and criminal actions. A.R.S. § 16-1021.
Please refer to the Vulnerabilities page for a detailed overview of the Cochise County Board of Supervisors actions in November 2022, including the unlawful attempt to conduct an expanded hand count, the delaying of certification, and the subsequent legal developments.