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2024 Op. Ariz. Att'y Gen. 1 (2024)

handle is hein.sag/sagaz0124 and id is 1 raw text is: 








                              STATE   OF ARIZONA

                     OFFICE  OF  THE  ATTORNEY GENERAL


     ATTORNEY GENERAL OPINION                           No. I24-001
                                                         (R23-020)
                   By
                                          Re: Whether Proposition 413 is subject to an
              KRIS MAYES                    automatic recount under A.R.S. § 16-661.
          ATTORNEY   GENERAL

             January 17, 2024


To:   Adrian Fontes
      Secretary of State
      1700 West Washington, 7th Floor
      Phoenix, Arizona 85007

                                Questions Presented

      Whether the City of Tucson is required to recount its November 7, 2023 election on

Proposition 413 under A.R.S. § 16-661, the state's automatic recount statute, because of the narrow

margin of votes by which Proposition 413 passed.

                                 Summary  Answer

      A.R.S.  § 16-661's reference to automatic recounts of referred measures only

encompasses statewide ballot measures and does not include municipal measures like Proposition

413. As such, no recount is required.

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