Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SENATE BILL 1412

 

 

 

AN ACT

 

amending sections 16-545, 16-547 and 16-1005, Arizona revised Statutes; relating to early voting.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 16-545, Arizona Revised Statutes, is amended to read:

START_STATUTE16-545.  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. END_STATUTE

Sec. 2.  Section 16-547, Arizona Revised Statutes, is amended to read:

START_STATUTE16-547.  Ballot affidavit; form

A.  The early ballot shall be accompanied by an envelope bearing upon on the front the name, official title and post office address of the recorder or other officer in charge of elections and upon on the other side a printed affidavit in substantially the following form:

State of Arizona

 

County of _________

 

I, _________________, do solemnly swear that I am the identical person whose name is signed to this affidavit and that this name and signature are my true name and signature, or if I did not personally sign, it was because of physical disability and that I requested __________________ (name of person signing affidavit) to sign for me, that I have not voted and will not vote in this election in any other state during the calendar year of this affidavit and that I personally voted the enclosed ballot or that it was marked according to my instructions because I was unable to do so.  I understand that knowingly voting more than once in any election is a class 5 felony.  I declare that I am more than eighteen years of age, that I am a qualified elector of the state of Arizona and the county of ____________ and that I reside at _____________.  If a challenge is filed against my early ballot, I understand that a copy of the challenge will be sent to me by first class mail and that I may have as little as forty‑eight hours' notice of an opportunity to appear.  For purposes of notifying me of a ballot challenge between the time I return my ballot and seven days after election day, please use the following address: ________________.  (If no address is provided, notice will be mailed to the mailing address listed on the registration rolls.)

________________________

Elector

 

B.  The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by such applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 42 United States Code section 1973ff). Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters.

C.  The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the affidavit, mark the ballot and return both in the enclosed self‑addressed envelope that complies with section 16-545.  The instructions shall include the following statement:

In order to be valid and counted, the ballot and affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county no later than 7:00 p.m. on election day.  Except for a government employee in the course of official duties, a person shall not possess for delivery to an election official or polling place more than six voted early ballots of other voters.

It is a felony to offer or receive any compensation for a ballot. END_STATUTE

Sec. 3.  Section 16-1005, Arizona Revised Statutes, is amended to read:

START_STATUTE16-1005.  Ballot abuse; classification

A.  Any person who knowingly marks or punches an early 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 any other person to acquire the voted or unvoted early ballot of another person.  A person who violates this subsection is guilty of a class 4 felony.

C.  Except for a government employee in the course of official duties, it is unlawful to possess for delivery to an election official or polling place more than six voted early ballots of other voters.  A person who violates this subsection is guilty of a class 5 felony.

D.  It is unlawful to possess a voted or unvoted early ballot with the intent to sell the voted or unvoted early ballot of another person.  A person who violates this subsection is guilty of a class 5 felony.

E.  A person who engages or participates in a pattern of early ballot fraud is guilty of a class 3 felony.  For the purposes of this subsection, "pattern of early ballot fraud" means the person has offered or provided any consideration to three or more persons to acquire the voted or unvoted early ballot of a person. END_STATUTE