COMMITTEE ON ELECTIONS
SENATE AMENDMENTS TO S.B. 1003
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 16-545, Arizona Revised Statutes, is amended to read:
16-545. Early ballot
A. The early ballot shall be one prepared for use in the precinct in which the applicant resides and, if a partisan primary election, of the political party with which the applicant is affiliated as shown by the affidavit of registration. The ballot shall be identical with the regular official ballots, except that it shall have printed or stamped on it "early".
B. The officer charged by law with the duty of preparing ballots at any election shall:
1. Prepare the official early ballot and deliver a sufficient number to the recorder or other officer in charge of elections not later than the thirty-third day before the election. Except as provided in section 16‑542, subsection D, regular early ballots shall not be distributed to the general public before the beginning of early voting.
2. Ensure that the ballot return envelopes are of a type that are tamper evident when properly sealed.
C. for all elections that include a candidate or issue on the ballot for which the secretary of state is the filing officer, THE SECRETARY OF STATE, IN COOPERATION WITH COUNTY ELECTION OFFICIALS, SHALL SELECT A UNIQUE COLOR FOR ALL OUTBOUND EARLY BALLOT ENVELOPES AND ALL INBOUND EARLY BALLOT RETURN ENVELOPES.
Sec. 2. Section 16-1005, Arizona Revised Statutes, is amended to read:
16-1005. Ballot abuse; violation; classification
A. Any person who knowingly marks a voted or unvoted ballot or ballot envelope with the intent to fix an election for his own benefit or for that of another person is guilty of a class 5 felony.
B. It is unlawful to offer or provide any consideration to acquire a voted or unvoted early ballot. A person who violates this subsection is guilty of a class 5 felony.
C. It is unlawful to receive or agree to receive any consideration in exchange for a voted or unvoted ballot. A person who violates this subsection is guilty of a class 5 felony.
D. It is unlawful to possess a voted or unvoted ballot with the intent to sell the voted or unvoted ballot of another person. A person who violates this subsection is guilty of a class 5 felony.
E. A person or entity that knowingly solicits the collection of voted or unvoted ballots by misrepresenting itself as an election official or as an official ballot repository or is found to be serving as a ballot drop off site, other than those established and staffed by election officials, is guilty of a class 5 felony.
F. A person who knowingly collects voted or unvoted ballots and does not turn those ballots in to an election official, the United States postal service or any other entity permitted by law to transmit post is guilty of a class 5 felony.
G. A VOTER MAY DESIGNATE THE VOTER’S SPOUSE, CHILD, PARENT, GRANDPARENT, GRANDCHILD, BROTHER, SISTER OR A PERSON RESIDING IN THE SAME HOUSEHOLD AS THE VOTER TO RETURN THE BALLOT TO THE ELECTIONS OFFICIAL FROM WHOM IT CAME OR TO THE PRECINCT BOARD AT A POLLING PLACE WITHIN THE COUNTY. NO EARLY BALLOT SHALL BE RETURNED BY ANY PAID OR VOLUNTEER WORKER OF ANY POLITICAL COMMITTEE AS DEFINED BY SECTION 16-901(19) OR ANY OTHER GROUP OR ORGANIZATION WHOSE BEHEST THE INDIVIDUAL DESIGNATED TO RETURN THE BALLOT IS PERFORMING A SERVICE. ANY PERSON WHO KNOWINGLY VIOLATES THIS SUBSECTION IS GUILTY OF A CLASS 5 FELONY. THIS SUBSECTION DOES NOT APPLY TO A CANDIDATE OR A CANDIDATE’S SPOUSE.
G. h. A person who engages or
participates in a pattern of ballot fraud is guilty of a class 4 felony. For
the purposes of this subsection, "pattern of ballot fraud" means the
person has offered or provided any
consideration to three or more persons to acquire the voted or unvoted ballot
of a person."
Amend title to conform