Arizona: Limits on Voter Eligibility Challenges

Written and published in partnership with All Voting is Local

Arizona, like most states, allows private individuals to challenge another person’s eligibility to vote. This resource details state and federal laws that govern this process and protect challenged voters. Arizona’s strong voter protections include a presumption that a registered voter is eligible to vote and a requirement that challengers provide clear and convincing evidence that the challenged voter is ineligible to vote.

Arizona law allows challenges during early voting and on Election Day.

• Only appointed political party representatives are allowed to challenge a voter during early voting. footnote1_CJaimZ-w4lkHUVRsd9ioGU05NNop1LvER5XellyJSFE_tdYUYEnd4uq31 Ariz. Rev. Stat. § 16–552(C). Challenges during early voting must be made after the ballot is received and before the ballot envelope is opened. Challenges made outside of this window must be summarily rejected as untimely. footnote2_B49PAtpIrTQ-JT9qR374F4DgBZQ-sL76JUGIGS73csk_vRvZd7Th1l612 Arizona Department of State, State of Arizona 2023 Elections Procedures Manual, 79, https://apps.azsos.gov/election/files/epm/2023/EPM_20231231_Final_Edits_to_Cal_1_11_2024.pdf.
• Only a registered voter from the same county, or an appointed political party representative who is registered to vote in the state, can challenge a voter on Election Day. footnote3_XSoigsyJaLfGoPxM19AUHP3tl6D2SFRARdJjz-FMws_ruE07lDOEWEp3 Ariz. Rev. Stat. §§ 16–590, 16–591.

• Before Election Day, county recorders may not investigate a registrant’s citizenship based on third-party allegations. footnote4_ahwY8qO5CNDM2yRbwCmytDC7CKYSyADSahimcXpYdM4_x1FFWf41M7Oi4 AZ Dept. of State, State of Arizona 2023 Elections Procedures Manual, 42.

  
  Arizona law presumes eligibility absent clear and convincing contrary evidence.

• A voter who has completed a registration form and provided the minimum required information is presumed to be properly registered to vote. footnote5_9MCcDR8TpFdPWKV0dhNVHdCeoAql4JzxRKjK0BDw_ixBVTYOhuN9e5 Ariz. Rev. Stat. §§ 16–121.01(A).
• An appointed political party representative who brings a challenge during early voting must do so in writing, describe the statutory ground for the challenge, and provide “clear and convincing evidence” of the voter’s ineligibility. footnote6_0gxQ3nnb-ZJopYGUM35G1lkD9QhCVBHDKm2jEJxNA_ggt4WNZvVVf46 Ariz. Rev. Stat. §§ 16–121.01(B), 16–552(D).
• A registered voter can challenge another voter on Election Day but must state the statutory ground for the challenge and provide “clear and convincing evidence” of the voter’s ineligibility. footnote7_JqUVcvLSLhuQAGolhBljwvaUCXkXOHW9SnmFzsS8x8s_oGuhYG9chGGD7 Ariz. Rev. Stat. § 16–121.01(B).
• The “clear and convincing evidence” standard is a high one. Challenges must be rejected unless they include “individualized facts” “establish[ing]” that the voter’s ineligibility is “highly probable or reasonably certain.”footnote8_OnkwzHgxcDwFddQUTCdiEbgkWkF20DQd6dkzqpcXQ_mMWFl2TOimh38 AZ Dept. of State, State of Arizona 2023 Elections Procedures Manual, 82, 194.

• In addition, federal law prohibits the “systematic” removal of voters within 90 days of a federal election. footnote9_a4njQ8-QpxnP718T8O0oO0NcMgLC1pNhAGAIAkR0KrY_q7TavTgA6oAZ9 52 U.S.C. § 20507(c)(2)(a). According to guidance from the U.S. Department of Justice, “This 90-day deadline applies to State list maintenance verification activities such as general mailings and door-to-door canvasses. This deadline also applies to list maintenance programs based on third-party challenges derived from any large, computerized data-matching process.”footnote10_r-3M57p4O7mfrO8BqBJLLUlLlFUNcxePJSgNCg2kv2o_evWiteesGtqF10 U.S. Department of Justice, Voter Registration List Maintenance: Guidance under Section 8 of the National Voter Registration Act, 52 U.S.C. § 20507, 4, September 2024, https://www.justice.gov/crt/media/1366561/dl.

  
  A voter challenged during early voting has the right to notice and to respond to the challenge.

• When an appointed political party representative files a timely written challenge on valid statutory grounds during early voting, the early voting board or other election officer is required to send the challenged voter a notice within 24 hours. footnote11_-eAU2qveiMe-feRNT-7r2BaNqQ9ZQdHg3l4KwSk2H1c_kn2S3tLr4cwn11 Ariz. Rev. Stat. § 16–552(E). If there is a phone number or email address for the challenged voter in the voter registration record, the board or officer must also provide notice of the challenge by email and/or phone. footnote12_SkfVRDT8vyKTUZYr-lL15XAiOKw9eGa8IFTaCFkBjwg_qfOxeW4nyD0o12 AZ Dept. of State, State of Arizona 2023 Elections Procedures Manual, 81.
• The notice to the voter must include a time and place for the voter to defend the challenge, and this time must be at least 96 hours after the notice is mailed or at least 48 hours after delivery if the notice is delivered by overnight or hand delivery. footnote13_-eAU2qveiMe-feRNT-7r2BaNqQ9ZQdHg3l4KwSk2H1c_z58ghrEcn7qm13 Ariz. Rev. Stat. § 16–552(E).
• A voter can make or submit a statement in response to the challenge, but a voter’s failure to appear to defend the challenge cannot be taken as an admission of the validity of the challenge. footnote14_Qf5F-vSDgkV65DN81dea-cWZ70JwDFLtNhh-4X2fPYM_yDxuX8RQVOw014Id.
• The early voting board must decide, by majority vote after an individualized hearing, if the challenger has met their burden of proving the voter’s ineligibility by clear and convincing evidence. footnote15_tzkoIOuUl9iz0bBaoKF5QQ94UeCc4m6lG8bcopqf9M_epNEn6Pj8dmv15 § 16–121.01(B); see also AZ Dept. of State, State of Arizona 2023 Elections Procedures Manual, 82.
• If a challenged voter is not present at the hearing, the board must notify the voter in writing of the result, and if the ballot was rejected, include the grounds for the rejection. footnote16_NoKCa7Wh9oB3ULbqKJ8CuOBTKhKUR9oVEhUD9l4nUo_s96shH4sMqtl16 Ariz. Rev. Stat. § 16–552(G).

• The board must preserve any rejected ballots in case an election contest is filed that calls for their consideration. footnote17_QsVqA2fZde6KhvEAA9ysz1X61y-QembHMq4qV6E4aQ_aPK1YTOdfzPk17Id.

  
  For election-day challenges, Arizona law requires a fair and orderly process for the challenged voter.

• If a voter is challenged, they are asked to step to the side and meet with an inspector and two judges, who must be on site at the time. footnote18_JLUafk6zlX3Gvo1OCHyLWMkAndErWUAR20X79pKu1N8_wvnLNQA5gK5L18 AZ Dept. of State, State of Arizona 2023 Elections Procedures Manual, 194.
• Only the inspector may question the voter. The challenger may not address the voter and may not speak “in a manner that harasses or intimidates the voter.”footnote19_Qf5F-vSDgkV65DN81dea-cWZ70JwDFLtNhh-4X2fPYM_osfqgqnWpTfK19Id.
• If a challenged voter appears to be registered, the voter can take an oath and answer questions related to the challenge. footnote20_ekzQwGRp-BEBi2ZLXMsBV9D2pI8KHxEn91kSp2QO6pM_u0aFo1AV3rms20 Ariz. Rev. Stat. § 16–592(A).
• If a majority of the election board determines the challenger has not met their burden of proving by clear and convincing evidence that the voter is ineligible, the voter can vote a regular ballot. footnote21_fa-OWtFJ1JlBkV27AeFtxRARi6Tg3kWvgLI7q-TOK0_yipilh2j3xU121 Ariz. Rev. Stat. § 16–592(B).
• If a majority of the election board determines the challenger has met their burden of proving by clear and convincing evidence that the voter is ineligible, the voter still has a right to vote a provisional ballot. footnote22_65bcj38V7qXtYgf-0XtfCpvtnrHAAkDC6-fnX4JDpak_yU857LiA94ZT22 Ariz. Rev. Stat. § 16–592(C).

• Challengers who initiate frivolous or repeated invalid challenges can be removed from the voting location to prevent the harassment and potential intimidation of voters. footnote23_nQiYrMDU8Tj8qM1bOeVNCBI51DcyXC-kqG7o2jYzLeU_d1UPpWVNEL6P23 AZ Dept. of State, State of Arizona 2023 Elections Procedures Manual, 194 fn. 83.

  Almost no challenge should result in immediate removal of the voter from the voter rolls.

• The National Voter Registration Act limits when and how voters can be removed from the rolls. Under the act, states and counties are permitted to remove a voter in just five circumstances: if the voter affirms the change; if state law requires, for a criminal conviction or mental incapacity; for the death of the voter; if the voter confirms a change of residence in writing; and based on other evidence of a change of residence, but only after the state sends a notice and the voter both fails to respond and fails to vote in the next two federal general elections. footnote24_c2pGDziFOYg31tsPV5CrtkICNKjuVU5xIMZ6UCP1WA_fJRmkg9CBKXt24 52 U.S.C. § 20507(a)(3), (d).

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  Voters in Arizona have the right to vote free from intimidation under federal and state law. Baseless challenges to a voter’s eligibility can harass and intimidate the voter being challenged, as well as other voters waiting to vote at the polls. More information on the federal and state laws that protect Arizona voters from intimidation can be found here.