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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
voting locations; electioneering
Purpose
Removes the ability of a county recorder or other officer in charge of elections to designate emergency non-electioneering polling places.
Background
Polling places must allow persons to electioneer and engage in other political activity in public areas and parking lots used by voters that are at least 75 feet away while the polls are open.
However, the county recorder or other officer in charge of elections may designate polling places as emergency polling places in which electioneering and other political activity is prohibited outside of the 75-foot limit, if: 1) an act of God renders the previous polling place unusable; or 2) the county recorder or other officer in charge of elections has exhausted all options and there is no suitable facilities in the precinct willing to be a polling place without an emergency designation. The county recorder or other officer in charge of elections must post the list of emergency non-electioneering polling places on its website at least two weeks before election day. The list must include the specific reason the emergency declaration was granted and the number of attempts made to find a polling place before granting the emergency designation. If an emergency arises after the county recorder or other officer in charge of elections posts the list, the website must be updated as soon as practicable to include any new polling places, which must be highlighted on the website (A.R.S. § 16-411).
Electioneering is defined as an individual "knowingly […] and in order to induce or compel another person to vote in a particular manner or to refrain from voting expresses support for or opposition to a candidate who appears on the ballot in that election, a ballot question that appears on the ballot in that election or a political party with one or more candidates who appear on the ballot in that election" (A.R.S. § 16-515).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes the ability of a county recorder or other officer in charge of elections to designate emergency polling places in which emergency conditions prevent electioneering outside of the statutory 75-foot limit.
2. Removes statutory requirements for a county recorder relating to the designation of emergency non-electioneering polling places.
3. Requires electioneering to be allowed at vote centers in the same manner as polling places.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 28, 2021
MH/gs