Arizona Laws – Voting Laws – What Triggers an Automatic Recount?

News Article By: James Novak, Arizona Criminal Defense and DUI Lawyer
Once Arizona vote counting is completed, a race is not always over. Arizona has laws that trigger an automatic recount. These situations are outlined specifically in A.R.S. 16-661 section 4. The law reads as follows:

“A.R.S. 16-661. Automatic recount; requirements; exemption
A. A recount of the vote is required when the canvass of returns in a primary or general election shows that the margin between the two candidates receiving the greatest number of votes for a particular office, or between the number of votes cast for and against initiated or referred measures or proposals to amend the Constitution of Arizona, is less than or equal to the lesser of the following:

1. One-tenth of one per cent of the number of votes cast for both such candidates or upon such measures or proposals.

2. Two hundred votes in the case of an office to be filled by state electors and for which the total number of votes cast is more than twenty-five thousand.

3. Fifty votes in the case of an office to be filled by state electors and for which the total number of votes cast is twenty-five thousand or less.

4. Two hundred votes in the case of an initiated or referred measure or proposal to amend the constitution.

5. Fifty votes in the case of a member of the legislature.

6. Ten votes in the case of an office to be filled by the electors of a city or town or a county or subdivision of a city, town or county.

B. Subsection A does not apply to elections for precinct committeemen, school district governing boards, community college district governing boards, fire district boards or fire district chiefs or secretary-treasurers or boards of other special districts.
Put simply, when the race is called (the initial counts completed by whatever deadline Arizona officials decide to use) and only 200 votes come between the winner and the loser, it will trigger an automatic recount. ”


If you have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities.

This article is intended to provide general information only, to generate discussion, and increase awareness of a particular topic. It is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

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