public records; unduly burdensome requests
SB 1339 stipulates that it is a defense to any action with regard to a public records request if the request is unduly burdensome or harassing.
Summary of the Proposed Strike-Everything Amendment to SB 1339
The proposed strike-everything amendment to SB 1339 limits who can collect another person’s voted or unvoted early ballot.
Arizona Revised Statutes (A.R.S.) § 16-541 requires all elections in Arizona to provide for early voting. All qualified electors may vote by early ballot if they make a request to the county recorder, or other officer in charge of elections of the political subdivision in which the voter is registered, to early vote within 93 days of the election. Early voters must sign an affidavit declaring that the ballots they submit are marked by the voter or by those who assisted the voter in marking their selections. After sealing their ballot in the envelope, early voters or their agents may mail the envelopes to the county recorder or other officer in charge of elections of the political subdivision in which the voter is registered or deposit it at any polling place in the county (A.R.S. §§ 16-541, 16-542, 16-547, 16-548).
A.R.S. § 16-1005 prescribes a Class 5 felony for the following ballot abuses:
Ř Knowingly marking a voted or unvoted ballot or ballot envelope with the intent to fix an election.
Ř Offering or providing any consideration to acquire a voted or unvoted early ballot.
Ř Receiving or agreeing to receive any consideration in exchange for a voted or unvoted ballot.
Ř Knowingly soliciting the collection of voted or unvoted ballots by misrepresenting oneself as an election official or an operator of an official ballot repository or ballot drop off site.
1. Prohibits a person from collecting more than two voted or unvoted early ballots during a two-year election cycle, unless the person is any of the following:
a. The voter’s family member.
b. The voter’s household member.
c. The voter’s caregiver.
d. A candidate.
e. A candidate’s spouse.
2. Prescribes a Class 6 felony for knowingly violating this Act.
3. Defines family member as a person related to the voter by blood, marriage, adoption or legal guardianship.
4. Defines household member as a person who resides at the same residence as the voter.
5. Defines caregiver as a person who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home.
6. Makes a technical change.
Committee on Appropriations
1. The strike-everything amendment was adopted.
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5. Fifty-second Legislature
6. First Regular Session 2 March 26, 2015
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