In Arizona, a recount is automatically triggered if candidates are separated by 0.5% or less, excluding certain down-ballot races to which no automatic recount provision applies. The threshold for automatic recounts was amended during the 2022 legislative session. The responsibility to conduct recounts falls to the County Elections Directors, Counting Boards, and the tabulation workers they oversee.
Unlike some other states, Arizona does not permit candidates or electors to request a recount.
Requirements for how recounts are conducted are outlined in the Arizona Election Code. While the Secretary of State is responsible for setting many election procedures through the Elections Procedures Manual, the rules governing recounts are largely absent in the manual. Ultimately, courts are responsible for setting standards for each recount and ensuring that it is conducted fairly.
An automatic recount is required to be conducted if the vote margin between the two top vote-getters is 0.5% or less. A.R.S. § 16-661(A); 2023 EPM at 254. The statutory parameters are the same for both state and county offices. [1] A.R.S. § 16-661(A).
Within 24 hours after the completion of the final county canvass, or the last day for counties to complete their canvass, whichever is earlier, the Secretary of State or the County Board of Supervisors orders a recount when the results show that the races in question are within the recount margin. A.R.S. § 16-662.
If the official canvass shows that a race is within the recount margin, the recount is automatically triggered. *2023 EPM* at 254. The Secretary of State or County Board of Supervisors must undertake several steps to order a recount for races or ballot measures within the recount margin. A.R.S. § 16-66; 2023 EPM at 254.**
For offices filled by voters of the entire state, congressional district, legislative district of subdivisions in more than one county, or ballot measures, the Secretary of State certifies the facts requiring a recount to the Superior Court in Maricopa County. A.R.S. § 16-662. For county or precinct offices, the Board of Supervisors certifies the facts requiring a recount to the Superior Court in the county where the canvass was conducted. A.R.S. § 16-662. This involves the Secretary of State or the County Board of Supervisors citing the applicable vote margin and including the canvass results in their certification of facts. *2023 EPM* at 254. They must also consult with the County Elections Director from the county or counties in question to estimate the time period needed to recount the ballots. *2023 EPM* at 254. Finally, the filing officer (Secretary of State or County Board of Supervisors) will obtain a signed court order that starts the recount and sets time and date for a court hearing at the conclusion of the recount to announce the results. The filing officer must distribute this order to the applicable County Election Directors. *2023 EPM* at 254.
The Secretary of State is responsible for ensuring that all voting equipment used in a recount is provided for and programmed correctly. A.R.S. § 16-664(A); *2023 EPM* at 255. If the Secretary of State’s race is being recounted then the Governor has this responsibility. A.R.S. § 16-664(B); 2023 EPM at 255*.* The Secretary of State may also delegate this responsibility to the County Boards of Supervisors, [2] who may then further delegate the responsibility to the County Elections Director. A.R.S. § 16-664(A); 2023 EPM at 255.
The Secretary of State will conduct logic and accuracy testing of the voting equipment used in the recount not later than two days after the court orders the recount. A.R.S. § 16-664(D). Teams conducting the logic and accuracy testing must be supervised by a certified election officer. A.R.S. § 16-664(D); 2023 EPM at 255.
Ballots are recounted on electronic tabulating systems. A.R.S. § 16-664. This involves feeding the ballots through a scanner.
To ensure accuracy, 5% of the precincts in the recount race are selected at random for a hand count audit. A.R.S. § 16-663(B). The results of this audit are compared to the electronic tabulation results. A.R.S. § 16-663(B). If the difference between the two results falls within the designated margin set by the vote count verification committee, then the electronic tabulation is considered the final result. A.R.S. §§ 16-602(K), 663(B). However, if the difference is equal to or greater than the designated margin, then the hand audit must be expanded in scope before the electronic tabulation is complete. A.R.S. § 16-663(B).