Assigned to JUD                                                                                                          AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Forty-eighth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2213

uniformed overseas voters; electronic transmittal

Purpose

            Expands, to an electronic format, the method by which absent uniformed services voters and overseas voters (UOCAVA voters) may vote by early ballot and excludes, from a class 2 misdemeanor, a person who duplicates a UOCAVA voter’s completed ballot transmitted by an electronic format.

Background

            The Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA) provides guidelines the federal government and state governments must follow regarding UOCAVA voters.  An absent uniformed services voter is defined as a member of a uniformed service or merchant marine on active duty, or their spouses or dependents, who are not present at their place of residence for voting purposes.  These voters may be in the United States or a foreign country.  An overseas voter is defined as an absent uniformed services voter or person who resides outside the country and is qualified to vote in the United States (42 U.S.C. § 1973ff-6).

            The Secretary of State (SOS) is required to provide a centralized system for the UOCAVA voter to request an early ballot, a federal post card application or voter registration, or other voting information (A.R.S. § 16-543).  According to the SOS’s Election Procedures Manual (Procedures Manual), the SOS’s website provides a link from the military and overseas information screen directly to the voter’s county of residence as well as a link to the online federal post card application.  Any requests received by the SOS are forwarded to the counties electronically or via fax.  The county recorder or other officer in charge of elections is required to provide for receipt of completed early ballot requests by fax and transmits by fax or other electronic format approved by the SOS, early ballot request forms, early ballot affidavits, unvoted ballots, sample ballots and ballot information, including information on any ballot measures, to eligible UOCAVA voters.  Voted ballots that are received by fax are required to be immediately sealed in an early ballot envelope with the early ballot affidavit securely attached to the outside of the envelope.

            A person who knowingly places a mark on the voter’s ballot by which it can be identified as the one voted by the voter is guilty of a class 2 misdemeanor.  There is no violation if the person is marking on a completed ballot transmitted by fax from a UOCAVA voter, allowing the duplication board to duplicate the ballot (A.R.S. § 16-1018, Procedures Manual).  Duplication includes marking a blank ballot identical to the completed ballot, verifying the marks are identical to those indicated by the voter and recording an identical serial number on both the original and the duplicated ballots (Procedure Manual).

            There is no anticipated fiscal impact to the state General Fund.

Provisions

1. Requires, for UOCAVA voters, the county recorder or other officer in charge of elections to accept completed early ballot requests and voted early ballots in an electronic format as prescribed by the Procedures Manual.

2. Specifies that ballot procedures for UOCAVA voters apply only to UOCAVA voters.

3. Excludes, from a class 2 misdemeanor, a person who knowingly places a mark on a completed ballot transmitted in an electronic format by a UOCAVA voter.

4. Makes conforming changes.

5. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Specifies that ballot procedures for UOCAVA voters apply only to UOCAVA voters.

Amendments Adopted by Committee of the Whole

· Expands the exception from the offense of a person who knowingly places a mark on a completed ballot.

House Action Senate Action

JUD                 1/31/08     DP  10-0-0-0-0                   JUD                 3/24/08     DPA     7-0-0-0

3^rd Read           2/11/08           57-0-3-0                      3^rd Read           4/10/08                  30-0-0

Prepared by Senate Research

April 10, 2008

CEW/ac