 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
early ballots; deficiencies; cure period
Purpose
Requires a county recorder or other officer in charge of elections to provide an elector, through the fifth business day after the election, the opportunity to correct a defective early ballot.
Background
Current statute states that the county recorder or other officer in charge of elections shall compare the signatures on completed early ballot affidavits with the signature on the elector's registration form. If the signatures match, the ballot is tallied. If the signatures do not match, the county recorder or other officer in charge of elections shall make a reasonable attempt to contact the early voter. The tallying of ballots begins no earlier than seven days before election day (A.R.S. § 16-550).
On an early ballot affidavit, an early voter signs a declaration under penalty of perjury that states: 1) the county a voter is registered in; 2) the voter has not voted and will not vote in the election in any other county or state; 3) the voter marked the ballot and signed the affidavit personally; and 4) the voter acknowledges that knowingly voting more than once in any election is a class 5 felony. 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 (A.R.S. § 16-547).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the county recorder or other officer in charge of elections to determine whether the information on an early ballot affidavit is accurate.
2. Requires, if the signature or other information on any early ballot affidavit is missing or illegible, the county recorder or other officer in charge of elections to:
a) make reasonable efforts to contact the voter;
b) advise the voter of the deficiency; and
c) allow the voter to correct the deficiency.
3. Requires the county recorder or other officer in charge of elections to allow the elector, through the fifth business day after the election, the opportunity to correct the deficiencies in an early ballot affidavit.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 22, 2019
JA/RC/kja