Miller v. Picacho Elementary School District No. 33

OPINION

MARTONE, Justice.

In this case we hold that absentee ballots procured in violation of our absentee ballot law are invalid, and if the ballots affect the outcome, the election must be set aside.

I. Background

Voters in Picacho Elementary School District No. 33 contest the results of the school district’s February 1992 budget- override election. They allege that the district superintendent and other district employees were closely involved with the distribution and collection of absentee ballots in violation of AR.S. § 16-542(B). They seek to invalidate all 41 absentee ballots and the…