REFERENCE TITLE: early voting; voting centers
State of Arizona
House of Representatives
Second Regular Session
amending sections 16‑193 and 16-411, Arizona Revised Statutes; repealing title 16, chapter 4, article 3, Arizona Revised Statutes; amending title 16, chapter 4, Arizona Revised Statutes, by adding a new article 3; amending sections 16-542, 16-558.02 and 16-584, Arizona Revised Statutes; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16‑193, Arizona Revised Statutes, is amended to read:
16-193. Active registered voters; applicability
The terms "registered voters", "persons who are registered to vote", "registered electors" and "voters registered" as used in the following sections include only active registered voters for purposes of the following:
1. Calculating petition signature requirements pursuant to sections 11‑133, 16‑322, 16‑341, 45‑415, 45‑433, 48‑4433 and 48‑4832.
2. Mailing and distributing election-related notices, pamphlets or ballots pursuant to sections 11‑137, 15‑905.01, 16‑245, 16‑412, 16‑461, 16‑510, 19‑123, 19-141, 35‑454, 41‑563.02, 42‑6109.01, 42‑17057, 42‑17107, 48‑620, 48‑4021, 48‑4236, 48‑5314, 48‑6432 and 48‑6433.
3. Providing voting machines pursuant to section 16-430.
4. Furnishing ballots pursuant to sections 16‑508 and 48‑685.
5. Determining qualification for political parties' continued representation on the ballot pursuant to sections 16‑244 and 16‑804.
6. Choosing political party officers pursuant to sections 16‑821 and 16‑823.
Sec. 2. Section 16-411, Arizona Revised Statutes, is amended to read:
16-411. Designation of election precincts and polling places; voting centers; electioneering; wait times
A. Except as prescribed by subsection J of this section, The board of supervisors of each county, on or before December 1 of each year preceding the year of a general election, by an order, shall establish a convenient number of election precincts in the county and define the boundaries of the precincts. The election precinct boundaries shall be so established as included within election districts prescribed by law for elected officers of the state and its political subdivisions including community college district precincts, except those elected officers provided for in titles 30 and 48.
B. Not less than twenty days before a general or primary election, and at least ten days before a special election, the board shall designate one polling place within each precinct where the election shall be held, except that:
1. On a specific finding of the board, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for that precinct may be designated within an adjacent precinct.
2. Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48. The officer in charge of elections may also split a precinct for administrative purposes. The polling places shall be listed in separate sections of the order or resolution.
3. On a specific finding of the board that the number of persons who are listed as permanent early voters pursuant to section 16‑544 is likely to substantially reduce the number of voters appearing at one or more specific polling places at that election, adjacent precincts may be consolidated by combining polling places and precinct boards for that election. The board of supervisors shall ensure that a reasonable and adequate number of polling places will be designated for that election. Any consolidated polling places shall be listed in separate sections of the order or resolution of the board.
4. On a specific resolution of the board, the board may authorize the use of voting centers in place of or in addition to specifically designated polling places as prescribed by article 3 of this chapter. A voting center shall allow any voter in that county to receive the appropriate ballot for that voter on election day and lawfully cast the ballot. Voting centers may be established in coordination and consultation with the county recorder, at other county offices or at other locations in the county deemed appropriate.
C. If the board fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peace in the precinct, two days before the election, by an order, copies of which the justice of the peace shall immediately post in three public places in the precinct, shall designate the place within the precinct for holding the election. If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election board of the precinct shall designate and give notice of the place within the precinct of holding the election. For any election in which there are no candidates for elected office appearing on the ballot, the board may consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply:
1. All affected voters are notified by mail of the change at least thirty‑three days before the election.
2. Notice of the change in polling places includes notice of the new voting location, notice of the hours for voting on election day and notice of the telephone number to call for voter assistance.
3. All affected voters receive information on early voting that includes the application used to request an early voting ballot.
D. The board is not required to designate a polling place for special district mail ballot elections held pursuant to article 8.1 of this chapter, but the board may designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the day of the election.
E. Except as provided in subsection F of this section, a public school shall provide sufficient space for use as a polling place for any city, county or state election when requested by the officer in charge of elections.
F. The principal of the school may deny a request to provide space for use as a polling place for any city, county or state election if, within two weeks after a request has been made, the principal provides a written statement indicating a reason the election cannot be held in the school, including any of the following:
1. Space is not available at the school.
2. The safety or welfare of the children would be jeopardized.
G. The board shall make available to the public as a public record a list of the polling places for all precincts in which the election is to be held including identification of polling place changes that were submitted to the United States department of justice for approval.
H. Except in the case of an emergency, any facility that is used as a polling place on election day or that is used as an early voting site during the period of early voting shall allow persons to electioneer and engage in other political activity outside of the seventy‑five foot limit prescribed by section 16‑515 in public areas and parking lots used by voters. This subsection shall not be construed to permit the temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters. The county recorder or other officer in charge of elections shall post on its website at least two weeks before election day a list of those polling places in which emergency conditions prevent electioneering and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. If the polling place is not on the website list of polling places with emergency designations, electioneering and other political activity shall be permitted outside of the seventy‑five foot limit. If an emergency arises after the county recorder or other officer in charge of elections' initial website posting, the county recorder or other officer in charge of elections shall update the website as soon as is practicable to include any new polling places, shall highlight the polling place location on the website and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation.
I. For the purposes of this section, a county recorder or other officer in charge of elections shall designate a polling place as an emergency polling place and thus prohibit persons from electioneering and engaging in other political activity outside of the seventy-five foot limit prescribed by section 16‑515 but inside the property of the facility that is hosting the polling place if any of the following occurs:
1. An act of God renders a previously set polling place as unusable.
2. A county recorder or other officer in charge of elections has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation.
J. The secretary of state shall provide through the instructions and procedures manual adopted pursuant to section 16‑452 the maximum allowable wait time for any election that is subject to section 16‑204 and provide for a method to reduce voter wait time at the polls in the primary and general elections. The method shall consider at least all of the following for primary and general elections in each precinct:
1. The number of ballots voted in the prior primary and general elections.
2. The number of registered voters who voted early in the prior primary and general elections.
3. The number of registered voters and the number of registered voters who cast an early ballot for the current primary or general election.
4. The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls.
K. The board of supervisors of a county shall not change precinct lines during the period after July 31, 2008 and before January 1, 2011. The board of supervisors may subdivide an election precinct for administrative purposes or may provide for more than one polling place within the boundaries of the election precincts established for use in voting in elections held after July 31, 2008 and before January 1, 2011. In providing for multiple polling places within a precinct, the board of supervisors shall consider the particular population characteristics of each precinct in order to provide the voters the most reasonable access to the polls possible.
Sec. 3. Repeal
Title 16, chapter 4, article 3, Arizona Revised Statutes, is repealed.
Sec. 4. Title 16, chapter 4, Arizona Revised Statutes, is amended by adding a new article 3, to read:
ARTICLE 3. VOTING CENTERS
16-421. Voting centers; establishment; additional uses
A. A VOTing CENTER is A PHYSICAL LOCATION THAT ALLOWs ANY VOTER IN THE COUNTY TO RECEIVE THE APPROPRIATE BALLOT FOR THAT VOTER AND LAWFULLY CAST THE BALLOT FOR AN ELECTION. VOTING CENTERS MAY BE ESTABLISHED IN COORDINATION AND CONSULTATION WITH THE COUNTY RECORDER or other officer in charge of elections AT OTHER COUNTY OFFICES OR AT OTHER LOCATIONS IN THE COUNTY DEEMED APPROPRIATE.
16-422. Appointment of voting center election boards; qualifications
A. WHEN AN ELECTION IS ORDERED AND VOTing CENTERS ARE USED, THE BOARD OF SUPERVISORS SHALL APPOINT a voting center election board FOR EACH VOTing CENTER consisting of AT LEAST ONE INSPECTOR, ONE MARSHAL AND AS MANY JUDGES OR CLERKS AS DEEMED NECESSARY. BOARD WORKERS MAY BE HIRED TO WORK SHIFTS AS LONG AS THERE ARE ALWAYS SUFFICIENT WORKERS PRESENT TO ASSIST VOTERS. INSPECTORS, MARSHALS, JUDGES and CLERKS SHALL BE QUALIFIED VOTERS OF THE COUNTY, AND DIFFERENT POLITICAL PARTIES MUST BE REPRESENTED WITHIN EACH BOARD. THERE SHALL BE AN EQUAL NUMBER OF INSPECTORS IN THE VARIOUS VOTing CENTERS IN THE COUNTY WHO ARE MEMBERS OF THE TWO LARGEST POLITICAL PARTIES.
B. NOTWITHSTANDING ANY OTHER LAW, THE BOARD OF SUPERVISORS MAY APPOINT a person TO A VOTing CENTER ELECTION BOARD TO SERVE AS A CLERK OF ELECTIONs if the PERSON IS NOT ELIGIBLE TO VOTE and ALL OF THE FOLLOWING apply:
1. THE PERSON IS A MINOR WHO WILL BE AT LEAST SIXTEEN YEARS OF AGE AT THE TIME OF THE ELECTION FOR WHICH THE PERSON IS NAMED TO THE voting center ELECTION BOARD.
2. THE PERSON IS A CITIZEN OF THE UNITED STATES AT THE TIME OF THE ELECTION FOR WHICH THE PERSON IS NAMED TO THE voting center ELECTION BOARD.
3. THE PERSON IS SUPERVISED BY AN ADULT WHO HAS BEEN TRAINED AS A voting center ELECTION BOARD WORKER.
4. THE PERSON HAS RECEIVED TRAINING PROVIDED BY THE OFFICER IN CHARGE OF ELECTIONS.
5. THE person's PARENT OR GUARDIAN HAS PROVIDED WRITTEN PERMISSION FOR THE PERSON TO SERVE.
C. A SCHOOL DISTRICT OR CHARTER SCHOOL SHALL NOT BE REQUIRED TO REDUCE ITS AVERAGE DAILY MEMBERSHIP, AS DEFINED IN SECTION 15-901, FOR ANY PUPIL WHO IS ABSENT FROM ONE OR MORE INSTRUCTIONAL PROGRAMS AS A RESULT OF THE PUPIL'S SERVICE ON A voting center ELECTION BOARD PURSUANT TO SUBSECTION B OF THIS SECTION.
D. A SCHOOL DISTRICT OR CHARTER SCHOOL SHALL NOT COUNT ANY PUPIL'S ABSENCE FROM ONE OR MORE INSTRUCTIONAL PROGRAMS AS A RESULT OF THE PUPIL'S SERVICE ON A voting center ELECTION BOARD PURSUANT TO SUBSECTION B OF THIS SECTION AGAINST ANY MANDATORY ATTENDANCE REQUIREMENTS FOR THE PUPIL.
E. THIS SECTION does not PREVENT THE BOARD OF SUPERVISORS OR OFFICER IN CHARGE OF ELECTIONS FROM REFUSING TO REAPPOINT FOR CAUSE, OR FROM REMOVING FOR CAUSE, A voting center ELECTION BOARD MEMBER.
16-423. Voting centers; early ballot, replacement ballot affidavits; election day; signature roster
A. IF A VOTing CENTER location IS USED AS AN EARLY VOTING location before election day AS PRESCRIBED BY SECTION 16-542 OR AS A BALLOT REPLACEMENT location before election day AS PRESCRIBED BY SECTION 16‑558.02, or both, THE county recorder or other officer in charge of elections may operate that voting center on election day by using early voting procedures prescribed by sections 16-547, 16-548 and 16-550 for obtaining and casting a ballot EXCEPT that:
1. An early ballot affidavit envelope or replacement ballot affidavit THAT is used at the voting center ON ELECTION DAY SHALL BE SIGNED by the voter IN THE PRESENCE OF A BOARD WORKER.
2. AN EARLY BALLOT OR replacement BALLOT cast at a voting center on election day as prescribed by this section SHALL BE RETAINED IN ITS ENVELOPE AND may not BE COUNTED UNTIL THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SUBSEQUENTLY VERIFIES THE VOTER'S SIGNATURE ON THE AFFIDAVIT AS OTHERWISE PRESCRIBED BY LAW FOR EARLY BALLOTS.
B. eARLY BALLOT AFFIDAVIT ENVELOPES AND Replacement ballot affidavits that are signed in a voting center as prescribed by this section are deemed to constitute a signature roster for purposes of section 16-579.
Sec. 5. Section 16-542, Arizona Revised Statutes, is amended to read:
16-542. Request for ballot; civil penalties; violation; classification
A. Within ninety‑three days 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, 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. Notwithstanding any other law, A county recorder who establishes early voting locations may continue to operate those early voting locations during the three-day period immediately preceding election day, except that the county RECORDER shall end on-site early voting as needed to ensure that precinct registers and other election materials are revised for use on election day to indicate which voters have requested an early ballot, which voters have already voted and which voters are on the inactive voter list.
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; 52 United States Code section 20310) 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‑three days 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 regularly scheduled general election for federal office immediately following receipt of the request unless a different period of time, which does not exceed the next two regularly scheduled general elections for federal office, is designated by the voter.
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, except that early ballot distribution shall not begin more than twenty-seven days before the election. If an early ballot request is received on or before the thirty‑first day before the election, the early ballot shall be distributed not earlier than the twenty-seventh day before the election and not later than the twenty-fourth day before the election.
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‑seven days 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, except that if the county recorder is able to revise precinct registers and other elections materials in a timely manner for use on election day as prescribed by subsection A of this section, the county recorder may operate the on-site early voting location during the three-day period immediately preceding election day. 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 before 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 and if early voting for that election has ended in that county, 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, political committee or other organization may distribute early ballot request forms to voters. If the early ballot request forms include a printed address for return, the addressee shall be the political subdivision that will conduct the election. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the request.
J. All original and completed early ballot request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate, political committee or other organization or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political committee or other organization that fails to submit a completed early ballot request form within the prescribed time is subject to a civil penalty of up to twenty‑five dollars per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed early ballot request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.
Sec. 6. Section 16-558.02, Arizona Revised Statutes, is amended to read:
16-558.02. Replacement ballots
A. For any election in the county, the county recorder or other officer in charge of the election elections shall determine a central location in the district appropriate jurisdiction for electors to obtain a replacement ballot. The location shall be open until 7:00 p.m. of the day of the election. An elector may obtain a replacement ballot until 7:00 p.m. on the day of the election on presentation of a signed, sworn statement that the ballot was lost, spoiled, destroyed or not received cast.
B. The recorder or other officer in charge of elections shall keep a record of each replacement ballot provided pursuant to this section.
C. If an elector to whom a replacement ballot is issued votes more than once, only the first ballot received shall be counted.
Sec. 7. 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 on 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, voter 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 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.