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DOMINIC E. DRAYE
MARK BRNOVICH OFFICE OF THE ARIZONA ATTORNEY GENERAL SOLICITOR GENERAL
ATTORNEY GENERAL SOLICITOR GENERAL'S OFFICE DIRECT No. (602) 542-8255
DoMINIC.DRAYE @AZAG.GOV
January 4, 2017
Hon. J.D. Mesnard
Arizona House of Representatives
1700 West Washington, Suite H
Phoenix, AZ 85007
Re: 117-001 / R17-001
Meaning of By Mail in A.R.S. § 16-824
Dear Speaker-Elect Mesnard:
You requested an opinion from this Office on the following question: Under
A.R.S. § 16-824, does 'by mail' allow for delivery by email? As you may be aware, our
formal opinion process necessarily involves several layers of review and is not, therefore,
conducive to a speedy turnaround. We understand time is of the essence regarding your
request. For this reason, we offer the following informal opinion regarding the question
presented.
Under A.R.S. § 16-824, [t]he chairman of the county committee shall give notice
of the time and place of such meeting by mail to each precinct committeeman at least
ten days prior to the date of such meeting. (Emphasis added). At issue in this informal
opinion is the meaning of the term by mail in this statute.
While judicial authority interpreting the phrase by mail under Arizona law is
limited, the U.S. District Court for the District of Arizona recently interpreted the word
mail as used in Arizona Rule of Civil Procedure 4.2(c). Cachet Residential Builders,
Inc. v. Gemini Ins. Co., 547 F. Supp. 2d 1028 (D. Ariz. 2007). The court, relying on an
established dictionary definition, held that mail is defined as 'letters, packets, etc. that are
sent or delivered by means of the post office.' Id. at 1030 (citing Webster's Encyclopedic
Unabridged Dictionary of the English Language 864 (1989)).
This definition, which focuses on whether the item is sent or delivered by means
of the post office, is consistent with how the term mail is used elsewhere under Arizona
law. For example, Rule 35(c)(1) of the Arizona Rules of Protective Order Procedure
distinguishes between communications by mail and email. Ariz. R. Protect. Ord.
P. 35(c)(1) (A limited jurisdiction court may allow contact by mail or e-mail to arrange](ViewImageLocal?handle=hein.sag/sagaz0110&div=1&collection=&method=preview&ext=.png&size=3)