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ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1092

 

early ballot delivery; identification; attestation

Purpose

            Establishes identification and attestation requirements for voters and their agents who submit multiple voted early ballots.

Background

            A person who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 felony. Statute makes exceptions for designated persons to collect another person's ballot. An election official, a U.S. postal service worker or any other person who is allowed by law to transmit U.S. mail is deemed not to have collected an early ballot if the official, worker or other person is engaged in official duties. Further, the prohibition does not apply to a family member, household member or caregiver of the voter. Family member is defined as a person who is related to the voter by blood, marriage, adoption or guardianship (A.R.S. § 16-1005).

            A county board of supervisors, by resolution, may authorize the use of voting centers in place of, or in addition to, specifically designated polling places. A voting center allows any voter in the county to receive and cast the appropriate ballot for that voter on election day after presenting identification. Further, the county board of supervisors, by resolution, may authorize the county recorder or other officer in charge of elections to use emergency voting centers (A.R.S. § 16-411). Emergency voting centers are made available for a person who experiences an emergency after 5:00 p.m. on the Friday immediately preceding the election and before 5:00 p.m. on the Monday immediately preceding the election that would prevent the person from voting at the polls (A.R.S. § 16-246).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Requires any voter, or any voter's agent, who deposits two or more voted early ballots at a polling place, a voting center or an emergency voting center, to provide an attestation and identification, as specified.

2.      Requires the voter who deposits the voter's own early ballot to present to an election board worker a form of identification in which the voter's name reasonably appears to be the same as on the ballot affidavit.

3.      Requires the voter's agent to attest in writing that the person is the voter's family member, household member or caregiver, as defined by statute.

4.      Makes technical changes.

5.      Becomes effective on the general effective date.

Prepared by Senate Research

January 21, 2020

JA/kja