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Committee approves bill to shift approval of Elections Procedures Manual to legislative committee chairs and governor
Summary
The House committee voted to advance HB2631, a measure that would change approval of Arizona’s Elections Procedures Manual from certain executive officers to the chairs of the Legislature’s elections committees and the governor.
The committee returned House Bill 2631 with a due‑pass recommendation after sponsor testimony arguing the Elections Procedures Manual should receive legislative oversight.
Committee staff explained HB2631 would require the chairs of the House and Senate committees with jurisdiction over elections, together with the governor, to approve the state's Elections Procedures Manual rather than leaving that authority with the attorney general and other executive branch officials. Sponsor testimony described the current practice — where the manual is drafted and approved within the executive branch — as an unusual and litigated delegaton of criminal‑law content to executive rulemaking.
Representative Gillette (sponsor) said the manual functions like a source of criminal law because violations of the manual can carry enforcement consequences; he argued that the legislature is the appropriate venue for establishing rules with legal effect. The sponsor also said moving approval to elected legislative chairs would preserve an expedited revision process while restoring separation‑of‑powers and public review.
No members of the public signed in to testify. During committee roll call the bill drew a mix of aye, nay and present votes; the motion to give HB2631 a due‑pass recommendation carried with 4 ayes, 2 nays and 1 present, and the chair announced that outcome.
Why it matters: The Elections Procedures Manual provides instructions to election officials across the state. Shifting approval to legislative committee chairs would alter how the manual is produced and reviewed, with implications for separation of powers and litigation risk around procedures that can be enforced criminally.
Next steps: HB2631 advances to the House floor for possible amendment and debate.
