Bill
Number: S.B. 1003
Reagan
Floor Amendment
Reference
to: ELEC amendment
Amendment
drafted by: Legislative Council – Marge Ray
FLOOR
AMENDMENT EXPLANATION
The Reagan
Floor Amendment does the following :
- Removes language permitting a voter
to designate certain family members, or a person residing within the same
household, as the voter to return the voter’s early ballot.
- Permits a voter to designate any
person to return their early ballot, with certain exceptions.
- Requires early ballot affidavits to
include the following:
1) a
statement that the voter voted their early ballot and sealed it prior to giving
it to another person for delivery to elections officials; and
2) a
signed and dated statement that a person collecting a voter’s early ballot did
so with the voter’s permission, that the ballot was
voted and sealed before collection, and that the
collector will deliver the ballot to the proper elections official on or before
election day.
·
Modifies
the felony classification for violations related to the return of a voter’s
early ballot by an undesignated or prohibited person, from a class 5 to a class
6.
Page 1, between lines 23 and 24, insert:
"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 on the front the name, official title and post office address
of the recorder or other officer in charge of elections and on the other side a
printed affidavit in substantially the following form:
I declare the following under penalty of
perjury: I am a registered voter in ___________ county Arizona, I
have not voted and will not vote in this election in any other county or state,
I understand that knowingly voting more than once in any election is a class 5
felony and I voted the enclosed ballot and signed this affidavit personally
unless noted below. If I provided my
voted ballot to another person for delivery to elections officials, I have
voted the ballot and sealed it in the envelope before giving it to another
person for delivery.
If the voter was assisted by another person in marking the
ballot or was assisted by a person
collecting the ballot, complete the following:
1. I
declare the following under penalty of perjury: At the registered
voter's request I assisted the voter identified in this affidavit with marking
the voter's ballot, I marked the ballot as directly instructed by the voter, I
provided the assistance because the voter was physically unable to mark the
ballot solely due to illness, injury or physical limitation and I understand
that there is no power of attorney for voting and that the voter must be able
to make their the voter's selection even if they the voter cannot physically mark the ballot.
Name of voter assistant: _____________________________
Address of voter assistant: __________________________
2. With
the voter's permission, I collected the voter's voted early ballot and will
deliver the voted early ballot to the proper election official on or before
election day, and the ballot was voted and sealed in the envelope before I
collected it.
Printed Name of
ballot collector: ____________________
Signature of ballot
collector: _______________________
Date of collection:
__________________________________
Printed name of
voter: _______________________________
Signature of voter:
__________________________________
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 the 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.
WARNING-It is a felony to offer or receive any compensation
for a ballot."END_STATUTE
Renumber to conform
Page 2, line 19, after "designate" strike remainder of line
Page 2, strike line 20
Line 21, strike "household
as the voter" insert "any person"
Line 22, strike the period insert "except that"
Line 27, strike "5"
insert "6"
Amend title to conform