FREE CONFERENCE COMMITTEE AMENDMENTS TO S.B. 1053
(Reference to House engrossed Senate bill)
Page 1, between lines 1 and 2, insert:
“Section 1. Transfer and renumber
A. Section 1-261, Arizona Revised Statutes, is transferred and renumbered for placement in title 19, chapter 1, article 2, Arizona Revised Statutes, as section 19-113.
B. Section 1-305, Arizona Revised Statutes, is transferred and renumbered for placement in title 16, chapter 2, article 1, Arizona Revised Statutes, as section 16-206.
Sec. 2. Heading repeal
The article heading of title 1, chapter 2, article 4, Arizona Revised Statutes, is repealed.
Sec. 3. Section 16-151, Arizona Revised Statutes, is amended to read:
16-151. Forms for registration supplied by county recorder and secretary of state
A. Blank state voter registration forms for registration of electors shall be supplied by the county recorder.
B. The secretary of state shall make available for distribution through governmental and private entities the voter registration forms that are prescribed by the federal election assistance commission.
Sec. 4. Section 16-163, Arizona Revised Statutes, is amended to read:
16-163. Assignment of registrations to general county register; exception; notification to elector; filing of registration forms
A. The county recorder shall, upon receipt of a registration in proper form, shall assign the registration record to its proper precinct and alphabetical arrangement in the general county register. The general county register shall be preserved permanently to reflect the registration as of each general election. After the general county register is revised to reflect the valid registrations for the general election, the county recorder shall provide the Arizona state library, archives and public records with a copy of the revised county register.
B. After placing the record of registration in the county general register, the county recorder shall notify the elector within thirty days in writing that the elector's name appears in the general register.
C. If the notice that is sent is returned undeliverable, the county recorder may send an additional notice as prescribed by section 16‑166, subsection A and that notice shall indicate that the elector must respond no later than twenty‑nine THIRTY-FIVE days before the election at which the elector intends to vote AFTER THE MAILING OF THE NOTICE.
D. All current original registration forms shall be filed countywide or by precinct in alphabetical order by surname of elector. All original registration forms canceled, and all original applications for cancellation of registration received since the preceding general election, shall be separately filed and maintained. Computer output microfilm, listings or other electronic format media containing the information from the general county register after each general election shall be provided to the Arizona state library, archives and public records and shall serve to fulfill the requirements of this subsection and section 16‑164, subsection A.
Sec. 5. Section 16-166, Arizona Revised Statutes, is amended to read:
16-166. Verification of registration
A. Except for the mailing of sample ballots, a county recorder who mails an item to any elector shall send the mailing by nonforwardable first class mail marked with the statement required by the postmaster to receive an address correction notification. If the item is returned undelivered, the county recorder shall send a follow‑up notice to that elector within three weeks of receipt of the returned notice. The county recorder shall send the follow‑up notice to the address that appears on the general county register or to the forwarding address provided by the United States postal service. The follow‑up notice shall include a registration form and the information prescribed by section 16‑131, subsection C and shall state that if the elector does not complete and return a new registration form with current information to the county recorder within thirty‑five days, the name of the elector will be removed from the general register and transferred to the inactive voter list.
B. If the elector provides the county recorder with a new registration form, the county recorder shall change the general register to reflect the changes indicated on the new registration. If the elector indicates a new residence address outside that county, the county recorder shall forward the voter registration form to the county recorder of the county in which the elector's address is located. If the elector provides a new residence address that is located outside this state, the county recorder shall cancel the elector's registration.
C. The county recorder shall maintain on the inactive voter list the names of electors who have been removed from the general register pursuant to subsection A or E of this section for a period of four years or through the date of the second general election for federal office following the date of the notice from the county recorder that is sent pursuant to subsection E of this section.
D. On notice that a government agency has changed the name of any street, route number, post office box number or other address designation, the county recorder shall revise the registration records and shall send a new verification of registration notice to the electors whose records were changed.
E. The county recorder on or before May 1 of each year preceding a state primary and general election or more frequently as the recorder deems necessary may use the change of address information supplied by the postal service through its licensees to identify registrants whose addresses may have changed. If it appears from information provided by the postal service that a registrant has moved to a different residence address in the same county, the county recorder shall change the registration records to reflect the new address and shall send the registrant a notice of the change by forwardable mail and a postage prepaid preaddressed return form by which the registrant may verify or correct the registration information. If the registrant fails to return the form postmarked not later than twenty‑nine THIRTY-FIVE days before the next election after the mailing of the notice, the elector shall be removed from the general register and transferred to the inactive voter list. If the notice sent by the recorder is not returned, the registrant may be required to provide affirmation or confirmation of the registrant's address in order to vote. If the registrant does not vote in an election during the period after the date of the notice from the recorder through the date of the second general election for federal office following the date of that notice, the registrant's name shall be removed from the list of inactive voters. If the registrant has changed residence to a new county, the county recorder shall provide information on how the registrant can continue to be eligible to vote.
F. The county recorder shall reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship. Satisfactory evidence of citizenship shall include any of the following:
1. The number of the applicant's driver license or nonoperating identification license issued after October 1, 1996 by the department of transportation or the equivalent governmental agency of another state within the United States if the agency indicates on the applicant's driver license or nonoperating identification license that the person has provided satisfactory proof of United States citizenship.
2. A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the county recorder.
3. A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the county recorder of the applicant's United States passport.
4. A presentation to the county recorder of the applicant's United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States immigration and naturalization service by the county recorder.
5. Other documents or methods of proof that are established pursuant to the immigration reform and control act of 1986.
6. The applicant's bureau of Indian affairs card number, tribal treaty card number or tribal enrollment number.
G. Notwithstanding subsection F of this section, any person who is registered in this state on the effective date of this amendment to this section is deemed to have provided satisfactory evidence of citizenship and shall not be required to resubmit evidence of citizenship unless the person is changing voter registration from one county to another.
H. For the purposes of this section, proof of voter registration from another state or county is not satisfactory evidence of citizenship.
I. A person who modifies voter registration records with a new residence ballot shall not be required to submit evidence of citizenship. After citizenship has been demonstrated to the county recorder, the person is not required to resubmit satisfactory evidence of citizenship in that county.
J. After a person has submitted satisfactory evidence of citizenship, the county recorder shall indicate this information in the person's permanent voter file. After two years the county recorder may destroy all documents that were submitted as evidence of citizenship.
Sec. 6. Section 16-168, Arizona Revised Statutes, is amended to read:
16-168. Precinct registers; date of preparation; contents; copies; reports; statewide database; violation; classification
A. By the tenth day preceding the primary and general elections the county recorder shall prepare from the original registration forms or from electronic media at least four lists that are printed or typed on paper of all qualified electors in each precinct in the county, and the lists shall be the official precinct registers.
B. The official precinct registers for use at the polling place shall contain at least the names in full, party preference, date of registration and residence address of each qualified elector in the respective precincts. The names shall be in alphabetical order and, in a column to the left of the names, shall be numbered consecutively beginning with number 1 in each precinct register.
C. For the purposes of transmitting voter registration information as prescribed by this subsection, electronic media in counties with a population over five hundred thousand persons in the last decennial census shall be the principal media. A county or state chairman who is eligible to receive copies of precinct lists as prescribed by this subsection may request that the recorder provide a paper copy of the precinct lists. The county recorder, in addition to preparing the official precinct lists, shall provide a means for mechanically or electronically reproducing the precinct lists and unless otherwise agreed shall deliver within eight days after the close of registration for the primary and general elections, without charge, on the same day one electronic media copy of each precinct list within the county to the county chairman and one electronic media copy to the state chairman of each party that has at least four candidates other than presidential electors appearing upon on the ballot in that county at the current election. The county recorder shall also deliver, upon on request and without charge, one electronic media copy of the precinct list to the Arizona legislative council. The county recorder of a county with a population of five hundred thousand or fewer persons, on the same day precinct lists are delivered to county chairmen, shall deliver one electronic media copy of each precinct list within the county to the state chairman of each party that has at least four candidates other than presidential electors appearing on the ballot in this state at the current election. The copies of the precinct lists shall be electronic media and shall include for each elector the following information:
1. Name in full and appropriate title.
2. Party preference.
3. Date of registration.
4. Residence address.
5. Mailing address, if different from residence address.
6. Zip code.
7. Telephone number if given.
8. Birth year.
9. Occupation if given.
10. Voting history for all elections in the prior four years and any other information regarding registered voters which that the county recorder or city or town clerk maintains electronically and which that is public information.
D. The names on the precinct lists shall be in alphabetical order and the precinct lists in their entirety, unless otherwise agreed, shall be delivered to each county chairman and each state chairman within ten business days of the close of each date for counting registered voters prescribed by subsection G of this section other than the primary and general election registered voter counts in the same format and media as prescribed by subsection C of this section. During the thirty-three days immediately preceding an election and on request from a county or state chairman, the county recorder shall provide a daily list of persons who have requested an early ballot and shall provide a weekly listing of persons who have returned their early ballots. The recorder shall provide the daily and weekly information through the third day preceding the election.
E. Precinct registers and other lists and information derived from registration forms may be used only for purposes relating to a political or political party activity, a political campaign or an election, for revising election district boundaries or for any other purpose specifically authorized by law and may not be used for a commercial purpose as defined in section 39‑121.03. The sale of registers, lists and information derived from registration forms to a candidate or a registered political committee for a use specifically authorized by this subsection does not constitute use for a commercial purpose. The county recorder, on a request for an authorized use and within thirty days from receipt of the request, shall prepare additional copies of an official precinct list and furnish them to any person requesting them on payment of a fee equal to five cents for each name appearing on the register for a printed list and ten cents for each name for an electronic data medium, plus the cost of the blank computer disk or computer software if furnished by the recorder, for each copy so furnished.
F. Any person in possession of a precinct register or list, in whole or part, or any reproduction of a precinct register or list, shall not permit the register or list to be used, bought, sold or otherwise transferred for any purpose except for uses otherwise authorized by this section. A person in possession of information derived from voter registration forms or precinct registers shall not distribute, post or otherwise provide access to any portion of that information through the internet except as authorized by subsection J i of this section. Nothing in this section shall preclude public inspection of voter registration records at the office of the county recorder for the purposes prescribed by this section, except that the month and day of birth date, the social security number or any portion thereof, the driver license number or nonoperating identification license number, the unique identifying number prescribed by this section, the Indian census number, the father's name or mother's maiden name, the state or country of birth and the records containing a voter's signature shall not be accessible or reproduced by any person other than the voter, by an authorized government official in the scope of the official's duties, for signature verification on petitions and candidate filings, for election purposes and for news gathering purposes by a person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station or pursuant to a court order. A person who violates this subsection or subsection E of this section is guilty of a class 6 felony.
G. The county recorder shall count the registered voters by political party by precinct, legislative district and congressional district as follows:
1. In even numbered years, the county recorder shall count all persons who are registered to vote as of:
(a) January 1.
(b) March 1.
(c) June 1.
(d) The last day on which a person may register to be eligible to vote in the next primary election.
(e) The last day on which a person may register to be eligible to vote in the next general election.
(f) The last day on which a person may register to be eligible to vote in the next presidential preference election.
2. In odd numbered years, the county recorder shall count all persons who are registered to vote as of:
(a) January 1.
(b) April 1.
(c) July 1.
(d) October 1.
H. The county recorder shall report the totals to the secretary of state as soon as is practicable following each of the dates prescribed in subsection G of this section. The report shall include completed registration forms returned in accordance with section 16‑134, subsection B. The county recorder shall also provide the report in a uniform electronic computer media format that shall be agreed upon between the secretary of state and all county recorders. The secretary of state shall then prepare a summary report for the state and shall maintain that report as a permanent record.
I. The county recorder and the secretary of state shall protect access to voter registration information in an auditable format and method specified in the secretary of state's electronic voting system instructions and procedures manual that is adopted pursuant to section 16‑452.
J. The secretary of state shall develop and administer a statewide database of voter registration information that contains the name and registration information of every registered voter in this state. The database shall include an identifier that is unique for each individual voter. The database shall provide for access by voter registration officials and shall allow expedited entry of voter registration information after it is received by county recorders. As a part of the statewide voter registration database, county recorders shall provide for the electronic transmittal of that information to the secretary of state on a daily basis. The secretary of state shall provide for maintenance of the database, including provisions regarding removal of ineligible voters that are consistent with the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77; 42 United States Code section 394) and the help America vote act of 2002 (P.L. 107‑252; 116 Stat. 1666; 42 United States Code sections 15301 through 15545), provisions regarding removal of duplicate registrations and provisions to ensure that eligible voters are not removed in error.
K. Except as provided in subsection L of this section, for requests for the use of registration forms and access to information as provided in subsections E and F of this section, the county recorder shall receive and respond to requests regarding federal, state and county elections.
L. Beginning January 1, 2008, recognized political parties shall request precinct lists and access to information as provided in subsections E and F of this section during the time periods prescribed in subsection C or D of this section and the county recorder shall receive and respond to those requests. If the county recorder does not provide the requested materials within the applicable time prescribed for the county recorder pursuant to subsection C or D of this section, a recognized political party may request that the secretary of state provide precinct lists and access to information as provided in subsections E and F of this section for federal, state and county elections. The secretary of state shall not provide access to precinct lists and information for recognized political parties unless the county recorder has failed or refused to provide the lists and materials as prescribed by this section. The secretary of state may charge the county recorder a fee determined by rule for each name or record produced.
M. For municipal registration information in those municipalities in which the county administers the municipal elections, county and state party chairmen shall request and obtain voter registration information and precinct lists from the city or town clerk during the time periods prescribed in subsection C or D of this section. If the city or town clerk does not provide that information within the same time prescribed for county recorders pursuant to subsection C or D of this section, the county or state party chairman may request and obtain the information from the county recorder. The county recorder shall provide the municipal voter registration and precinct lists within the time prescribed in subsection C or D of this section.
Sec. 7. Section 16-204, Arizona Revised Statutes, is amended to read:
16-204. Declaration of statewide concern; consolidated election dates
A. While the legislature recognizes that the method of conducting elections by political subdivisions, including charter counties and cities, may be a matter of local concern, the legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern.
B. Notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an election held for or on behalf of a county, city or town, a school district, a community college district or special districts organized pursuant to title 48, chapters 5, 6, 8, 10, 13 through 16 and 33 may only be held on the following dates:
1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections, including recall elections and special elections to fill vacancies, shall be held on:
(a) The second Tuesday in March.
(b) The third Tuesday in May.
(c) The eighth ninth Tuesday before the first Tuesday after the first Monday in November.
(d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date for the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district, except as provided by title 48.
2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to fill vacancies in those cities or towns, elections shall be held on:
(a) The eighth ninth Tuesday before the first Tuesday after the first Monday in November.
(b) The first Tuesday after the first Monday in November.
C. For any city or town, including a charter city, that holds its regularly scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election.
D. This section does not apply to an election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII, section 2 or 3 or article XII, section 5, Constitution of Arizona.
Sec. 8. Section 1-305, Arizona Revised Statutes, is amended to read:
16-206. Election day
A. The biennial primary election day on the eighth ninth Tuesday before the general election and the biennial general election day on the first Tuesday after the first Monday in November of every even-numbered year are not legal holidays.
B. Every public officer or employee is entitled to absence from service or employment for the purpose of voting pursuant to section 16‑402 on the biennial primary and general election days.
Sec. 9. Section 16-222, Arizona Revised Statutes, is amended to read:
16-222. Vacancy in the office of United States senator or representative
A. When a vacancy occurs in the office of United States senator or representative in Congress by reason of death or resignation, or from any other cause, the vacancy shall be filled at the next general election. At such election the person elected shall fill the unexpired term of the vacated office.
B. For a vacancy in the office of representative in Congress, if the next general election is not to be held within six months from the date of the occurrence of the vacancy, the governor shall call a special primary election and a special general election to fill the vacancy. The governor shall call the special primary election and establish its date within seventy-two hours after the office is officially declared vacant. Notwithstanding sections 16-313, 16-351 and 16-542, for a candidate for office at an election held pursuant to this subsection, the following apply:
1. The special primary election shall be held no less than seventy‑five EIGHTY nor more than one hundred five NINETY days after the occurrence of the vacancy, and the special general election shall be held not less than thirty‑five FIFTY nor more than forty‑five sixty days after the special primary election.
2. Nomination papers and nomination petitions shall be filed no later than THIRTY days after the date of the proclamation calling the election.
3. Any court action challenging the nomination of a candidate shall be filed no later than 5:00 P.M. on the fifth business day after the last day for filing nomination papers and petitions.
4. The superior court shall hear and render a decision within five days after the filing of the action.
5. Beginning fifteen days before the date of the election, the county recorder or other officer in charge of elections shall mail early ballots within forty-eight hours after receipt of a complete and correct early ballot request from persons qualified to vote.
C. For a vacancy in the office of United States senator, the governor shall appoint a person to fill the vacancy. That appointee shall be of the same political party as the person vacating the office and shall serve until the person elected at the next general election is qualified and assumes office.
D. For a vacancy in the office of representative in Congress that occurs simultaneously with at least one hundred additional vacancies in the office of representative in Congress as prescribed by 2 United States Code section 8, a special general election to fill the vacancy in this state shall be held no more than forty-nine days after the declaration of the vacancy unless a regularly scheduled general election or previously scheduled special general election is held within seventy-five days after the declaration of the vacancy.
Sec. 10. Section 16-246, Arizona Revised Statutes, is amended to read:
16-246. Early balloting; satellite locations; additional procedures
A. Within ninety ninety-three days preceding the Saturday before the presidential preference election and not later than 5:00 p.m. on the Friday preceding the election, any elector who is eligible to vote in the presidential preference election may make a verbal or signed, written request for an official early ballot to the county recorder or other officer in charge of elections for the county in which the elector is registered to vote. If the request is verbal, the requesting elector shall provide the date of birth and birthplace or other information that if compared to the voter registration records for that elector would confirm the identity of the elector.
B. Absent uniformed services voters or overseas voters who are otherwise eligible to vote in the election may vote as prescribed by sections 16‑543, 16‑543.01 and 16‑543.02. The list of candidates that is sent as prescribed by section 16‑543.01 shall be a list of all candidates who have qualified for the presidential preference ballot by the thirty‑sixth day before the presidential preference election.
C. The county recorder may establish on‑site early voting locations at the office of the county recorder or at other locations in the county deemed necessary or appropriate by the recorder. Early voting shall begin twenty‑six days before the presidential preference election and shall end on the Friday before the presidential preference election.
D. The county recorder shall send by first class mail with the endorsement "do not forward ‑ address correction requested" any early ballots that are requested pursuant to subsections A and B of this section and shall include a preaddressed envelope for the elector to return the completed ballot.
E. The county recorder shall provide to each election board an appropriate alphabetized list of voters who have requested and have been sent an early ballot. Any person who is on that list of voters and who was sent an early ballot shall not vote at the polling place for that election precinct except as prescribed by section 16‑579, subsection C.
F. The county recorder may provide for any of the following in the same manner prescribed by law for other elections:
1. Special election boards.
2. Emergency balloting for persons who experience an emergency after 5:00 p.m. on the Friday preceding the presidential preference election and before 5:00 p.m. on the Monday immediately preceding the presidential preference election.
G. Sections 16‑550, 16‑551 and 16‑552 govern the use of early balloting for the presidential preference election.
Sec. 11. Repeal
Section 16-246, Arizona Revised Statutes, as amended by Laws 2007, chapter 168, section 3, is repealed.
Sec. 12. Section 16-321, Arizona Revised Statutes, is amended to read:
16-321. Signing and certification of nomination petition
A. Each signer of a nomination petition shall sign only one petition for the same office unless more than one candidate is to be elected to such office, and in that case not more than the number of nomination petitions equal to the number of candidates to be elected to the office. A signature shall not be counted on a nomination petition unless the signature is upon a sheet bearing the form prescribed by section 16‑314.
B. For the purposes of petitions filed pursuant to sections 16‑312, 16‑313, 16‑314 and 16‑341, each signer of a nomination petition shall be a voter who at the time of signing is a registered voter in the electoral district of the office the candidate is seeking.
C. If an elector signs more nomination petitions than permitted by subsection A of this section, the earlier signatures of the elector are deemed valid, as determined by the date of the signature as shown on the petitions. If the signatures by the elector are dated on the same day, all signatures by that elector on that day are deemed invalid. Any signature by that elector on a nomination petition on or after the date of the last otherwise valid signature is deemed invalid and shall not be counted.
D. The person before whom the signatures were written on the signature sheet shall be qualified to register to vote in this state pursuant to section 16‑101 and shall verify that each of the names on the petition was signed in his presence on the date indicated, and that in his belief each signer was a qualified elector who resides at the address given as the signer's residence on the date indicated and, if for a partisan election, that each signer is a member of the party the nomination of from which the candidate whose name appears on the nomination petition is seeking nomination, or the signer is a member of a political party that is not entitled to continued representation on the ballot pursuant to section 16-804 or the signer is registered as independent or no party preferred. The way the name appears on the petition shall be the name used in determining the validity of the name for any legal purpose pursuant to the election laws of this state. Signature and handwriting comparisons may be made.
Sec. 13. Section 16-445, Arizona Revised Statutes, is amended to read:
16-445. Filing of computer election programs with secretary of state
A. For any state, county, school district, special district, city or town election, including primary elections, utilizing vote tabulating devices as provided in this article, there shall be filed with the secretary of state at least ten days before the date of the election a copy of each computer program for each election. The secretary of state shall hold all computer program software filed pursuant to this section in escrow for three years. The secretary of state shall securely destroy the software filed pursuant to this section on the expiration of the three year period.
B. A copy of any subsequent revision of the computer program shall be filed in the same manner within forty‑eight hours following the revision.
C. Any tape or disc used in the programming or operation of a vote tabulating device upon which votes are counted and any tape used in compiling vote totals shall be kept under lock and seal, and if there is a retally of votes, the officer entrusted with the tapes or discs shall submit his affidavit stating that they are the tapes or discs, or both, used in the election and have not been altered.
D. All materials submitted to the secretary of state shall be used by the secretary of state or attorney general to preclude fraud or any unlawful act under the laws of this title and title 19 and shall not be disclosed or used for any other purpose.
E. Each program tape or disc or any other material submitted to the secretary of state shall be returned to the county, city or town within six months after the close of the election for which it was submitted except:
1. When a court ordered recount is pending.
2. When a restraining order is in effect.
3. When any other legal action is pending.
Sec. 14. Section 16-542, Arizona Revised Statutes, is amended to read:
16-542. Request for ballot
A. Within ninety ninety-three days next preceding the Saturday before any election called pursuant to the laws of this state, an elector may make a verbal or signed request to the county recorder, or other officer in charge of elections for the applicable political subdivision of this state in whose jurisdiction the elector is registered to vote, for an official early ballot. In addition to name and address, the requesting elector shall provide the date of birth and state or country of birth or other information that if compared to the voter registration information on file would confirm the identity of the elector. If the request indicates that the elector needs a primary election ballot and a general election ballot, the county recorder or other officer in charge of elections shall honor the request. For any partisan primary election, if the elector is not registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16‑804, the elector shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the elector may receive and vote the ballot of only that one political party. The county recorder may establish on‑site early voting locations at the recorder's office or which shall be open and available for use BEGINNING THE SAME DAY THAT A COUNTY BEGINS TO SEND OUT the EARLY BALLOTS. The county recorder may also establish any other early voting locations in the county the recorder deems necessary.
B. Notwithstanding subsection A of this section, a request for an official early ballot from an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 42 United States Code section 1973ff 1973ff-6) or a voter whose information is protected pursuant to section 16‑153 that is received by the county recorder or other officer in charge of elections more than ninety ninety-three days next preceding the Saturday before the election is valid. If requested by the absent uniformed services or overseas voter, or a voter whose information is protected pursuant to section 16‑153, the county recorder or other officer in charge of elections shall provide to the requesting voter early ballot materials through the next two regularly scheduled general elections for federal office immediately following receipt of the request.
C. The county recorder or other officer in charge of elections shall mail the early ballot and the envelope for its return postage prepaid to the address provided by the requesting elector within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to section 16-545, which address shall be the elector's residence address or the location where the elector is temporarily residing while absent from the precinct, the early ballot and the envelope for its return within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to section 16‑545. If a statewide voter registration database is not yet operational and if the requesting elector registered to vote for the first time in this state after January 1, 2003 and has not yet voted in this state or is reregistering after January 1, 2003 after moving from one county in this state to another county in this state and is voting for the first time at the new registration address, the early ballot materials shall include notice that the person shall submit a photocopy of a current form of identification that bears a photograph of the person and the name of the person or a photocopy of a current utility bill, bank statement, paycheck, government issued check or other government document that shows the name and registration address of the person and notice that if the person does not submit photocopies of the required documents, the person may only vote a provisional ballot.
D. Only the elector may be in possession of that elector's unvoted early ballot. If a complete and correct request is made by the elector within twenty-three twenty-six days next preceding the Saturday before the election, the mailing must be made within forty‑eight hours after receipt of the request. Saturdays, Sundays and other legal holidays are excluded from the computation of the forty‑eight hour period prescribed by this subsection. If a complete and correct request is made by an absent uniformed services voter or an overseas voter before the election, the regular early ballot shall be transmitted by mail, by fax or by other electronic format approved by the secretary of state within twenty‑four hours after the early ballots are delivered pursuant to section 16‑545, subsection B, excluding Sundays.
E. In order to be complete and correct and to receive an early ballot by mail, an elector's request that an early ballot be mailed to the elector's residence or temporary address must include all of the information prescribed by subsection A of this section and must be received by the county recorder or other officer in charge of elections no later than 5:00 p.m. on the eleventh day preceding the election. An elector who appears personally no later than 5:00 p.m. on the Friday preceding the election at an on‑site early voting location that is established by the county recorder or other officer in charge of elections shall be given a ballot and permitted to vote at the on‑site location. If an elector's request to receive an early ballot is not complete and correct but complies with all other requirements of this section, the county recorder or other officer in charge of elections shall attempt to notify the elector of the deficiency of the request.
F. Unless an elector specifies that the address to which an early ballot is to be sent is a temporary address, the recorder may use the information from an early ballot request form to update voter registration records.
G. The county recorder or other officer in charge of early balloting shall provide an alphabetized list of all voters in the precinct who have requested and have been sent an early ballot to the election board of the precinct in which the voter is registered not later than the day prior to the election.
H. As a result of an emergency occurring between 5:00 p.m. on the second Friday preceding the election and 5:00 p.m. on the Monday preceding the election, qualified electors may request to vote early in the manner prescribed by the county recorder of their respective county. For the purposes of this subsection, "emergency" means any unforeseen circumstances that would prevent the elector from voting at the polls.
I. A candidate or political committee may distribute early ballot request forms to voters. If the early ballot request forms include a printed address for return to an addressee other than a political subdivision, the addressee shall be the candidate or political committee that paid for the printing and distribution of the request forms. All early ballot request forms that are received by a candidate or political committee shall be transmitted as soon as practicable to the political subdivision that will conduct the election.
Sec. 15. Section 16-543.02, Arizona Revised Statutes, is amended to read:
16-543.02. Federal write‑in early ballots; procedure; registration form
A. An overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 42 United States Code section 1973 1973ff-6), as amended by the Ronald W. Reagan national defense authorization act for fiscal year 2005 (P.L. 108‑375), who is absent from the place of residence in this state where the voter is otherwise qualified to vote may use a federal write‑in early ballot in a primary, general or special election for the offices of presidential elector and United States senator and representative in Congress if the voter applies for an early ballot by 7:00 p.m. on election day and does not receive that early ballot.
B. A federal write‑in early ballot of an overseas voter shall not be counted if either of the following conditions are is met:
1. The application of the overseas voter for an early ballot is received by the county recorder or other officer in charge of elections after 7:00 p.m. on election day.
2. An early ballot from the overseas voter is received by the county recorder or other officer in charge of elections by 7:00 p.m. on election day.
C. An overseas voter who completes a federal write‑in early ballot may designate a candidate by writing in the name of the candidate or by writing in the name of a political party, in which case the ballot shall be counted for the candidate of that political party. In the case of the offices of president and vice‑president, a vote for a named candidate or in the name of the political party shall be counted as a vote for that candidate's or party's presidential electors. Any abbreviation, misspelling or other minor variation in the form of the name of a candidate or political party shall be disregarded in determining the validity of the ballot if the intention of the voter can be ascertained.
D. For an overseas voter who completes a federal write-in early ballot transmission envelope with the federal write-in early ballot request, the transmission envelope shall serve as a voter registration form and the voter is registered to vote on completion and receipt of the transmission envelope and the federal write-in early ballot if all of the following apply:
1. The information submitted on the transmission envelope includes the information prescribed in section 16‑121.01.
2. The voter is otherwise eligible to register and vote in this state.
3. The request is received by the county recorder by 7:00 p.m. on election day. For any request received after 7:00 p.m. on election day, an otherwise valid transmission envelope constitutes a voter registration form that is valid for any subsequent election.
Sec. 16. 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 prepare the official early ballot and deliver a sufficient number to the recorder or other officer in charge of elections not later than the thirtieth thirty-third day preceding the Saturday 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.
Sec. 17. Section 16-558.01, Arizona Revised Statutes, is amended to read:
16-558.01. Mailing of ballots
Not more than thirty‑three days before the election and not fewer than fifteen days before the election the county recorder or other officer in charge of elections for the special district shall send by first class nonforwardable mail all official ballots with printed instructions and a return envelope bearing a printed ballot affidavit as described in section 16‑547 to each qualified elector entitled to vote in the election. The envelope in which the ballot is mailed shall be clearly marked "Do not forward. Return to sender. Return postage guaranteed. Address correction requested." with the statement required by the postmaster to receive an address correction and notification. The district governing board shall determine whether the voter or the district governing board will pay for the postage for the return of electors' marked ballots. An elector who votes in a special district mail ballot election shall return the elector's marked ballot to the recorder or other officer in charge of the election or to a designated depository site as provided in section 16‑411 no later than 7:00 p.m. on the day of the election.
Sec. 18. Section 16-584, Arizona Revised Statutes, is amended to read:
16-584. Qualified elector not on precinct register; recorder's certificate; verified ballot; procedure
A. A qualified elector whose name is not on the precinct register and who presents a certificate from the county recorder showing that the elector is entitled by law to vote in the precinct shall be entered on the signature roster on the blank following the last printed name and shall be given the next consecutive register number, and the qualified elector shall sign in the space provided.
B. A qualified elector whose name is not on the precinct register, upon presentation of identification verifying the identity of the elector that includes the voter's given name and surname and the complete residence address that is verified by the election board to be in the precinct or on signing an affirmation that states that the elector is a registered voter in that jurisdiction and is eligible to vote in that jurisdiction, shall be allowed to vote a provisional ballot.
C. If a voter has moved to a new address within the county and has not notified the county recorder of the change of address before the date of an election, the voter shall be permitted to correct the voting records for purposes of voting in future elections at the appropriate polling place for the voter's new address. The voter shall be permitted to vote a provisional ballot. The voter shall present a form of identification that includes the voter's given name and surname and the voter's complete residence address. The residence address must be within the precinct in which the voter is attempting to vote, and the voter shall affirm in writing that the voter is registered in that jurisdiction and is eligible to vote in that jurisdiction.
D. On completion of the ballot, the election official shall remove the ballot stub, shall place the ballot in a provisional ballot envelope and shall deposit the envelope in the ballot box. Within ten calendar days after a general election that includes an election for a federal office and within five business days after any other election or no later than the time at which challenged early voting ballots are resolved, the signature shall be compared to the precinct signature roster of the former precinct where the voter was registered. If the voter's name is not signed on the roster and if there is no indication that the voter voted an early ballot, the provisional ballot envelope shall be opened and the ballot shall be counted. If there is information showing the person did vote, the provisional ballot shall remain unopened and shall not be counted. When provisional ballots are confirmed for counting, the county recorder shall use the information supplied on the provisional ballot envelope to correct the address record of the voter.
E. When a voter is allowed to vote a provisional ballot, the elector's name shall be entered on a separate signature roster page at the end of the signature roster. Voters' names shall be numbered consecutively beginning with the number V‑1. The elector shall sign in the space provided. The ballot stub shall be removed and the ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name or number, a sworn or attested statement of the elector that the elector resides in the precinct, is eligible to vote in the election and has not previously voted in the election, the signature of the elector and the voter registration number of the elector, if available. The ballot shall be verified for proper registration of the elector by the county recorder before being counted. The verification shall be made by the county recorder within ten calendar days after a general election that includes an election for a federal office and within five business days following the any other election, and the voter receipt card, notification or identification card, if any, from the county recorder used therefor, if valid, shall be returned to the elector within a reasonable time thereafter. Verified ballots shall be counted by depositing the ballot in the ballot box and showing on the records of the election that the elector has voted. If registration is not verified the ballot shall remain unopened and shall be retained in the same manner as voted ballots.
F. For any person who votes a provisional ballot, the county recorder or other officer in charge of elections shall provide for a method of notifying the provisional ballot voter at no cost to the voter whether the voter's ballot was verified and counted and, if not counted, the reason for not counting the ballot. The notification may be in the form of notice by mail to the voter, establishment of a toll free telephone number, internet access or other similar method to allow the voter to have access to this information. The method of notification shall provide reasonable restrictions that are designed to limit transmittal of the information only to the voter.
Sec. 19. Section 16-593, Arizona Revised Statutes, is amended to read:
16-593. Rules determining residence of voter upon challenge; reading of rules upon request
A. The election board, in determining the place of residence of a person, shall be governed by the following rules, so far as applicable:
1. The residence of a person is that place in which his habitation is fixed and to which he has the intention of returning when absent.
2. A person does not gain or lose his residence by reason of his presence at or absence from a place while employed in the service of the United States or of this state, or while engaged in navigation, or while a student at an institution of learning or while kept in an almshouse, asylum or prison.
3. A person does not lose his residence by leaving his home to go to another county, state or foreign country for merely temporary purposes, with the intention of returning.
4. A person does not gain a residence in any county into which he comes for merely temporary purposes, without the intention of making that county his home.
5. If a person removes to another state with the intention of making it his residence, he loses his residence in this state.
6. If a person removes to another state with the intention of remaining there for an indefinite time, and of making the place his present residence, he loses his residence in this state, even though he has an intention of returning at some future period.
7. The place where a person's family permanently resides is his residence, unless he is separated from his family, but if it is a place of temporary establishment for his family, or for transient purposes, it is otherwise.
8. If a person has a family residing in one place and he does business in another, the former is his place of residence, but a person having a family who has taken up his abode with the intention of remaining and whose family does not so reside with him shall be regarded as a resident where his abode has been taken.
9. A UNITED STATES CITIZEN who has never resided in the United States is eligible to vote in this state by using a federal write-in early ballot as prescribed in sections 16-103 and 16-543.02 IF BOTH OF THE FOLLOWING APPLY:
(a) A parent is a United States citizen.
(b) the parent is registered to vote in this state.
9. 10. The mere intention of acquiring a new residence without the act of removal avails nothing and neither does the act of removal without the intention.
B. The term of residence shall be computed by including the day on which the person's residence commenced and by excluding the day of election.
C. Before administering an oath to a person touching his residence, the inspector shall, if requested by any person, shall read to the person challenged the rules set forth in subsection A of this section.”
Renumber to conform
Page 1, line 27, after the period insert “a group may rotate an observer throughout the day.”
Page 2, after line 18, insert:
“Sec. 22. Section 16-804, Arizona Revised Statutes, is amended to read:
16-804. Continued representation on basis of votes cast at last preceding general election or registered electors
A. A political organization that at the last preceding general election cast for governor or presidential electors or for county attorney or for mayor, whichever applies, not less than five per cent of the total votes cast for governor or presidential electors, in the state or in such county, city or town, is entitled to representation as a political party on the official ballot for state officers or for officers of such county or local subdivision.
B. In lieu of subsection A, a political organization is entitled to continued representation as a political party on the official ballot for state, county, city or town officers if, on November 1 of the year immediately preceding the year in which the general election for state or county officers and for city or town officers one hundred fifty‑five days immediately preceding the primary election in such jurisdiction, such party has registered electors in the party equal to at least two‑thirds of one per cent of the total registered electors in such jurisdiction.
C. The secretary of state shall determine the political parties qualified for continued representation on the state ballot pursuant to this section by February 1 of the appropriate year. Each county recorder shall furnish to the secretary of state such information as the secretary of state may require no later than January 15 november 30 of such the preceding year.
D. Each county recorder shall determine the political parties qualified for the county ballot pursuant to this section by February 1 of the appropriate year.
E. Each city or town clerk of a city or town providing for partisan elections shall determine the political parties qualified for such city or town ballot pursuant to this section one hundred forty days before the primary election.
Sec. 23. Section 16-826, Arizona Revised Statutes, is amended to read:
16-826. Meeting, organization and officers of state committee
A. The state committee shall meet in the city where the state capitol is located no earlier than ten days after the last county meeting of the party and in any event no later than the fourth Saturday in January following a general election and organize by electing from its membership a chairman, a secretary and a treasurer.
B. The chairman of the state committee shall cause notice of the time and place of such the meeting to be mailed to each state committeeman at least ten days prior to before the date of such THE meeting.
Sec. 24. Section 16-902.01, Arizona Revised Statutes, is amended to read:
16-902.01. Registration of political committees; contents; amendment
A. Each political committee that intends to accept contributions or make expenditures of more than five hundred dollars shall file a statement of organization with the filing officer before accepting contributions, making expenditures, distributing any campaign literature or circulating petitions. Each political committee that intends to accept contributions or make expenditures of five hundred dollars or less shall file a signed exemption statement in a form prescribed by the filing officer that states that intention before making any expenditures, accepting any contributions, distributing any campaign literature or circulating petitions. If a political committee that has filed a five hundred dollar threshold exemption statement receives contributions or makes expenditures of more than five hundred dollars, that political committee shall file a statement of organization with the filing officer within five business days after exceeding the five hundred dollar limit.
B. The statement of organization of a political committee shall include all of the following:
1. The name, address and type of committee.
2. The name, address, relationship and type of any sponsoring organization.
3. The names, addresses, telephone numbers, occupations and employers of the chairman and treasurer of the committee.
4. In the case of a candidate's campaign committee, the name, address, office sought and party affiliation of the candidate.
5. A listing of all banks, safety deposit boxes or other depositories used by the committee.
C. Except as prescribed by subsection E OF THIS SECTION, on the filing of a statement of organization, a political committee shall be issued an identification number.
D. The political committee shall file an amended statement of organization reporting any change in the information prescribed in subsection B OF THIS SECTION within five business days after the change.
E. A standing political committee shall file a statement of organization with the secretary of state and in each jurisdiction in which the committee is active, and only the secretary of state shall issue an identification number for the committee. The statement of organization shall include a statement with the notarized signature of the chairman or treasurer of the standing political committee that declares the committee's status as a standing political committee. The secretary of state may charge an annual fee for the filing.
F. For a political committee that makes expenditures in an attempt to influence the results of a ballot proposition election, the statement of organization shall include in the name of the political committee THE OFFICIAL SERIAL NUMBER FOR THE PETITION AND a statement as to whether the political committee supports or opposes the passage of the ballot measure. Within five days after receipt of an official serial number for the petition, the political committee shall file an amended statement of organization that contains the official serial number for the petition. On completion of the designation of statewide ballot propositions by number as prescribed in section 19-125, the secretary of state is authorized and shall amend the name of the political committee by attaching to the statement of organization the ballot proposition number as a substitute for the official serial number in the name of the political committee. The secretary of state shall promptly notify the political committee of the amended political committee name and shall make that information available to the public.
Sec. 25. Section 16-916, Arizona Revised Statutes, is amended to read:
16-916. Filing statements of contributions and expenditures; public inspection
A. Except as provided in subsection B of this section, the statements, designations and reports required to be filed pursuant to this article shall be filed as follows:
1. In the office of the secretary of state for political committees supporting or opposing the recall of a public officer elected statewide or to the legislature, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a state general election ballot or recall of public officials elected statewide or to the legislature or supporting or opposing candidates for state offices and members of the legislature, for justices of the supreme court, for judges of the court of appeals and for a statewide initiative or referendum or any measure or proposition appearing on a state general election ballot.
2. With the county officer in charge of elections for political committees supporting or opposing the recall of public officers elected to county offices, school district governing boards, community college district governing boards or judges of the superior court, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a county election ballot or for the recall of a public officer elected to county offices, school district governing boards, community college district governing boards or judges of the superior court or supporting or opposing candidates for county offices, school district governing board members or ballot questions, community college district governing board members or ballot questions, judges of the superior court seeking retention, special taxing districts and a county initiative or referendum or any measure or proposition appearing on a county election ballot.
3. With the city or town clerk for political committees supporting or opposing the recall of public officers elected to city or town offices, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a city or town election ballot or recall of public officers elected for city or town offices or supporting or opposing candidates for city or town offices and for a city or town initiative or referendum or any measure or proposition appearing on a city or town election ballot.
B. An original and one copy of the reports required pursuant to section 16‑913 for the office of member of the legislature shall be filed with either the officer in charge of elections of the county of the candidate's residence or with the secretary of state. If the candidate files with the officer in charge of elections, the officer shall transmit the copy to the secretary of state within five days, excluding Saturdays, Sundays and other legal holidays. If the candidate files with the secretary of state, the secretary of state shall transmit the copy to the officer in charge of elections of the county of the candidate's residence within five days, excluding Saturdays, Sundays and other legal holidays. The secretary of state may provide through the procedures manual adopted pursuant to section 16‑452 for an alternative method for providing public access to the reports prescribed by this section.
C. For all statements, designations and reports, the date of filing is the date of actual receipt by the officer with whom the document is required to be filed except as follows:
1. For documents filed by certified mail with a United States mail postmark, the date of mailing constitutes the date of filing.
2. For documents filed by commercial delivery services that provide a standardized delivery confirmation process, the date of delivery confirmation constitutes the date of filing.
3. For documents filed by commercial delivery services that provide for electronic tracking of specific delivery packages, the date of electronic confirmation of delivery constitutes the date of filing.
D. If the date for filing any statement, designation or report required by this article is a Saturday, a Sunday or another legal holiday, the filing deadline is the next day that is not a Saturday, a Sunday or another legal holiday.
Sec. 26. Section 19-111, Arizona Revised Statutes, is amended to read:
19-111. Number for petition
A. A person or organization intending to propose a law or constitutional amendment by initiative petition or to file a referendum petition against a measure, item, section or part of a measure shall, before causing the petition to be printed and circulated, shall file with the secretary of state an application, on a form to be provided by the secretary of state, setting forth his name or, if an organization, its name and the names and titles of its officers, address, his intention to circulate and file a petition, a description of no more than one hundred words of the principal provisions of the proposed law, constitutional amendment or measure and the text of the proposed law, constitutional amendment or measure to be initiated or referred in no less than eight point type, and applying for issuance of an official serial number. At the same time as the person or organization files its application, the person or organization shall file with the secretary of state its statement of organization or its signed exemption statement as prescribed by section 16-902.01. The secretary of state shall not accept an application for initiative or referendum without an accompanying statement of organization or signed exemption statement as prescribed by this subsection.
B. On receipt of the application, the secretary of state shall assign an official serial number to the petition, which number shall appear in the lower right‑hand corner of each side of each copy thereof, and issue that number to the applicant. Numbers shall be assigned to petitions by the secretary of state in numerical sequence, and a record shall be maintained in his office of each application received and of the numbers assigned and issued to the applicant.
C. The secretary of state shall print in pamphlet form and shall furnish to each applicant, at the time the application is submitted, a copy of the text of this article governing the initiative and referendum and all rules adopted by the secretary of state pursuant to this title. In addition, the secretary of state shall at this time furnish the applicant with a statement of organization form and a notice stating: "This statement must be filed before valid signatures can be collected." The secretary of state shall furnish a sufficient supply of these pamphlets to the county, city and town clerks who shall similarly furnish the pamphlet to each applicant.
D. The eight point type required by subsection A OF THIS SECTION shall not apply to maps, charts or other graphics.
Sec. 27. Section 19-121.01, Arizona Revised Statutes, is amended to read:
19-121.01. Secretary of state; removal of petition and ineligible signatures; facsimile sheets; random sample
A. Within fifteen days, excluding Saturdays, Sundays and other legal holidays, of the date of filing of an initiative or referendum petition and issuance of the receipt, the secretary of state shall:
1. Remove the following:
(a) Those sheets not attached to a copy of the title and text of the measure.
(b) The copy of the title and text from the remaining petition sheets.
(c) Those sheets not bearing the petition serial number in the lower right‑hand corner of each side.
(d) Those sheets containing a circulator's affidavit that is not completed or signed.
(e) Those sheets on which the affidavit of the circulator is not notarized, the notary's signature is missing, the notary's commission has expired or the notary's seal is not affixed.
(f) Those sheets on which the signatures of the circulator or the notary are dated earlier than the dates on which the electors signed the face of the petition sheet.
2. After completing the steps in paragraph 1 of this subsection, review each sheet to determine the county of the majority of the signers and shall:
(a) Place a three or four letter abbreviation designating that county in the upper right‑hand corner of the face of the petition.
(b) Remove all signatures of those not in the county of the majority on each sheet by marking an "SS" in red ink in the margin to the right of the signature line.
(c) Cause all signature sheets to be grouped together by county of registration of the majority of those signing and attach them to one or more copies of the title and text of the measure. If the sheets are too bulky for convenient grouping by the secretary of state in one volume by county, they may be bound in two or more volumes with those in each volume attached to a single printed copy of the measure. The remaining detached copies of the title and text of the measure shall be delivered to the applicant.
3. After completing the steps in paragraph 2 of this subsection, remove the following signatures that are not eligible for verification by marking an "SS" in red ink in the margin to the right of the signature line:
(a) If the signature of the qualified elector is missing.
(b) If the residence address or the description of residence location is missing.
(c) If the date on which the petitioner signed is missing.
(d) Signatures in excess of the fifteen signatures permitted per petition.
(e) Signatures withdrawn pursuant to section 1‑261 19-113.
4. After the removal of petition sheets and signatures, count the number of signatures for verification on the remaining petition sheets and note that number in the upper right‑hand corner of the face of each petition sheet immediately above the county designation.
5. Number the remaining petition sheets that were not previously removed and that contain signatures eligible for verification in consecutive order on the front side of each petition sheet in the upper left‑hand corner.
6. Count all remaining petition sheets and signatures not previously removed and issue a receipt to the applicant of this total number eligible for verification.
B. If the total number of signatures for verification as determined pursuant to subsection A, paragraph 6 of this section equals or exceeds the constitutional minimum, the secretary of state, during the same fifteen day period provided in subsection A of this section, shall select, at random, five per cent of the total signatures eligible for verification by the county recorders of the counties in which the persons signing the petition claim to be qualified electors. The random sample of signatures to be verified shall be drawn in such a manner that every signature eligible for verification has an equal chance of being included in the sample. The random sample produced shall identify each signature selected by petition page and line number. The signatures selected shall be marked according to the following procedure:
1. Using red ink, mark the selected signature by circling the line number and drawing a line from the base of the circle extending into the left margin.
2. If a signature line selected for the random sample is found to be blank or was removed from the verification process pursuant to subsection A of this section and is marked with an "SS", then the next line down, even if that requires going to the next petition sheet in sequence, on which an eligible signature appears shall be selected as a substitute if that line has not already been selected for the random sample. If the next eligible line is already being used in the random sample, the secretary of state shall proceed back up the page from the signature line originally selected for the random sample to the next previous signature line eligible for verification. If that line is already being used in the random sample, the secretary of state shall continue moving down the page or to the next page from the line originally selected for the random sample and shall select the next eligible signature as its substitute for the random sample. The secretary of state shall use this process of alternately moving forward and backward until a signature eligible for verification and not already included in the random sample can be selected and substituted.
C. After the selection of the random sample and the marking of the signatures selected on the original petition sheets pursuant to subsection B of this section, the secretary of state shall reproduce a facsimile of the front of each signature sheet on which a signature included in the random sample appears. The secretary of state shall clearly identify those signatures marked for verification by color highlighting or other similar method and shall transmit by personal delivery or certified mail to each county recorder a facsimile sheet of each signature sheet on which a signature appears of any individual claiming to be a qualified elector of that county AND whose signature was selected for verification as part of the random sample.
D. The secretary of state shall retain in custody all signature sheets removed pursuant to this section except as otherwise prescribed in this title.
Sec. 28. Section 48-4433, Arizona Revised Statutes, is amended to read:
48-4433. District elections; nominating petitions
A. A candidate for election to the board as a division director shall be nominated by a petition that is signed by at least five hundred qualified electors of the division in which the candidate resides and that is filed as prescribed by title 16, chapter 3.
B. If a division is located wholly in one county, the nominating petition shall be filed with the clerk of the board of supervisors or the elections officer of that county as prescribed by title 16, chapter 3.
C. If a division is located in two or more counties, the nominating petition shall be filed AS PRESCRIBED BY TITLE 16, CHAPTER 3, with the secretary of state as prescribed by title 16, chapter 3 COUNTY ELECTION OFFICER OF THE COUNTY WITH THE HIGHEST NUMBER OF REGISTERED VOTERS IN THE DISTRICT. The secretary of state COUNTY ELECTION OFFICER shall immediately notify the boards of supervisors of each county included in the division. The board of supervisors so notified shall provide for the manner of voting and conduct of the election as provided for in subsection D of this section.
D. The names of the candidates for election to the board as division directors shall be included on the general election ballot of the division in which the candidate resides, without party designation. The manner of voting and conducting the election for the division directors shall conform to the provisions of law relating to the general election of county officers.
E. The procedures for nomination and election of at large directors shall be established by the board by rule adopted within sixty days after the appointment of the initial board subject to the following:
1. Only district members are eligible to vote for at large directors.
2. Each district member is entitled to cast three votes for each acre‑foot of replenishment obligation as computed for that district member pursuant to section 48‑4463 during the four years preceding the election. In the initial election of at large directors, each district member is entitled to cast three votes for each acre‑foot of the replenishment obligation that would have been computed if the district had existed for the entire period between January 1 of the fourth year preceding the calendar year in which the district is established and December 31 of the year preceding the year in which the election takes place.
3. Each district member may cast its votes as computed under paragraph 2 for three different candidates, may cumulate its votes for one candidate or may distribute its votes in any combination among three or fewer candidates.
4. The three candidates who receive the most votes shall serve as at large directors for the district for the prescribed term of office.
F. Title 16, chapter 2, article 3 does not apply to any election held pursuant to this chapter.
G. All expenses for the election of division directors incurred pursuant to this section are the responsibility of the county or counties involved. If a division is located in two or more counties, election expenses for that division shall be shared proportionally based on the number of qualified electors of each county that are residents of the division. All expenses for the election of at large directors are the responsibility of the district.
H. Candidates for election to the board and their campaign committees shall register with and report to the secretary of state and otherwise comply with the requirements of title 16, chapter 6 regarding elections under this section.
Sec. 29. Section 48-4832, Arizona Revised Statutes, is amended to read:
48-4832. Elections; nominating petitions
A. A candidate for election to the permanent board as a division director shall be nominated by a petition signed by at least one hundred fifty qualified electors of the division in which the candidate resides. A candidate for election to the permanent board as an at large county director shall be nominated by a petition signed by at least one hundred fifty qualified electors of that portion of the county that is within the district.
B. If a division is located wholly in one county and for the at large board position for that county, the nominating petition shall be filed with the clerk of the board of supervisors or the elections officer of that county as prescribed by title 16, chapter 3.
C. If a division is located in two or more counties, the nominating petition shall be filed AS PRESCRIBED BY TITLE 16, CHAPTER 3, with the secretary of state as prescribed by title 16, chapter 3 COUNTY ELECTIONS OFFICER FOR THE COUNTY WITH THE HIGHEST NUMBER OF REGISTERED VOTERS WITHIN THE DISTRICT. The secretary of state COUNTY ELECTION OFFICER shall immediately notify the board of supervisors of each county included in the division. Each board of supervisors so notified shall provide for the manner of voting and conduct of the election as provided for in subsection D.
D. The names of the candidates for election to the permanent board shall be included on the election ballot of the division in which the candidate resides, or on the election ballot for that portion of the county that is within the district, as appropriate, without party designation. The manner of voting and conducting the election for the directors shall conform to the provisions of law relating to the general election of county officers including compliance with any applicable federal voting laws.
E. Title 16, chapter 2, article 3 does not apply to any election held pursuant to this section.
F. All expenses for the election of members of the permanent board incurred pursuant to this section are the responsibility of the county or counties involved. If a division is located in two or more counties, election expenses for that division shall be shared proportionately based on the number of qualified electors of each county who are residents of the division.
G. Candidates for the permanent board and their campaign committees shall register with and report to the secretary of state and otherwise comply with the requirements of title 16, chapter 6, regarding elections under this section.
Sec. 30. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.”
Amend title to conform