Arizona Certification Toolkit

July 30, 2024
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Election certification is mandatory, on purpose

Arizona state law says certification is a mandatory, ministerial duty – meaning that officials have no discretion to refuse to certify election results.
It’s not an accident that certification is mandatory. It’s in direct response to past partisan attempts to sabotage certification to change election outcomes – attempts which both lawmakers and the courts recognized as a threat to democracy.
Officials who have refused to complete certification of an election – or threatened to do so – fundamentally misunderstand or willfully disregard both their legal obligations and the actual purpose of certification.

Opportunities to address alleged fraud or errors exist outside the certification process

The post-election process leading up to the final canvass includes many steps to ensure that only valid, legal ballots are counted.
There are legitimate ways to address potential fraud or error. Delaying the canvass is not one of them.
There are other processes to contest results or administration of an election, including recounts and election contests.

There are two principal ways to address concerns about election fraud or irregularities: election contests and recounts. These can take place only after the county canvass is complete.

Officials may face legal consequences if they refuse to certify

Any attempt to interfere with the certification process should be met with an immediate response, as failure to certify is illegal and disruptive.
Arizona law and federal law have many safeguards in place to ensure that certification happens, including civil accountability and criminal penalties.
Two Cochise County supervisors who refused to certify the 2022 election have been criminally prosecuted for interfering with the election process.