Fifty-fifth Legislature                                    Government & Elections

Second Regular Session                                                S.C.R. 1032

 

PROPOSED

HOUSE OF REPRESENTATIVES AMENDMENTS TO S.C.R. 1032

(Reference to Senate engrossed resolution)

 

 

 


Page 1, strike lines 1 through 28

Strike everything after the resolving clause and insert:

"1. Under the power of the referendum, as vested in the legislature, the following measure, relating to elections, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:

AN ACT

amending section 16-246, Arizona Revised Statutes; amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding section 16-407.04; amending section 16-411, Arizona Revised Statutes; amending title 16, chapter 4, article 4, Arizona Revised Statutes, by adding section 16-446.01; amending sections 16-542, 16-547, 16-548, 16-550, 16-551 and 16-552, Arizona Revised Statutes; amending title 16, chapter 4, article 8, Arizona Revised Statutes, by adding section 16-553; amending section 16-625, Arizona Revised Statutes; amending title 16, chapter 4, Arizona Revised Statutes, by adding article 11.1; amending sections 16-949 and 38-291, Arizona Revised Statutes; relating to elections.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 16-246, Arizona Revised Statutes, is amended to read:

START_STATUTE16-246. Early balloting; satellite locations; additional procedures

A. Within ninety-three days before the presidential preference election and not later than 5:00 p.m. on the eleventh day preceding the election, any elector who is eligible to vote in the presidential preference election may make a verbal or signed, written request for an official early ballot to the county recorder or other officer in charge of elections for the county in which the elector is registered to vote. If the request is verbal, the requesting elector shall provide the date of birth and birthplace or other information that if compared to the voter registration records for that elector would confirm the identity of the elector.

B. Absent uniformed services voters or overseas voters who are otherwise eligible to vote in the election may vote as prescribed by sections 16-543 and 16-543.02.

C. The county recorder or other officer in charge of elections may establish on-site early voting locations at the office of the county recorder or at other locations in the county deemed necessary or appropriate by the recorder. Early voting shall begin and CONCLUDE within the time limits prescribed in section 16-542 unless otherwise prescribed by this section.

D. The county recorder or other officer in charge of elections shall send by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification any early ballots that are requested pursuant to subsections A and B of this section and shall include a preaddressed envelope for the elector to return the completed ballot.

E. The county recorder or other officer in charge of elections shall provide to each election board an appropriate alphabetized list of voters who have requested and have been sent an early ballot. Any person who is on that list of voters and who was sent an early ballot shall not vote at the polling place for that election precinct except as prescribed by section 16-553 and section 16-579, subsection B.

F. The county recorder or other officer in charge of elections may provide for any of the following special election boards in the same manner prescribed by law section 16-549 for other elections.

1. Special election boards.

2. Emergency balloting for persons who experience an emergency after 5:00 p.m. on the Friday preceding the presidential preference election and before 5:00 p.m. on the Monday immediately preceding the presidential preference election. Before receiving a ballot pursuant to this paragraph, a person who experiences an emergency shall provide identification as prescribed in section 16-579 and shall sign a statement under penalty of perjury that states that the person is experiencing or experienced 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. Signed statements received pursuant to this subsection are not subject to inspection pursuant to title 39, chapter 1, article 2.

G. Notwithstanding section 16-579, subsection A, paragraph 2, for emergency balloting pursuant to subsection F, paragraph 2 of this section, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.

H. G. Sections 16-550, 16-551, and 16-552 and 16-553 govern the use of early balloting for the presidential preference election. END_STATUTE

Sec. 2. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 16-407.04, to read:

START_STATUTE16-407.04. Use of public resources; registration or voting information

A. An OFFICER, EMPLOYEE OR AGENT OF THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE shall not spend OR USE PUBLIC RESOURCES TO PREPARE OR DISSEMINATE ANY COMMUNICATION RELATING TO VOTER REGISTRATION OR VOTING PROCESSES, PROCEDURES OR DEADLINES THAT IS NOT IMPARTIAL AND NEUTRAL.  FOR the PURPOSES OF THIS SECTION, A COMMUNICATION IS NOT IMPARTIAL AND NEUTRAL IF IT IS DISTRIBUTED OR DIRECTED TO INDIVIDUALS BASED IN WHOLE OR IN PART ON SUCH INDIVIDUALS' RACE, ETHNICITY, AGE, GENDER or GEOGRAPHIC LOCATION OF RESIDENCE WITHIN THE ELECTION JURISDICTION OR on ACTUAL OR PRESUMED POLITICAL PARTY AFFILIATION OR PREFERENCE. 

B. THIS SECTION does not PROHIBIT AN OFFICER, EMPLOYEE OR AGENT OF THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE FROM PREPARING OR DISSEMINATING A COMMUNICATION THAT IS SPECIFICALLY REQUIRED BY THIS TITLE.END_STATUTE

Sec. 3. Section 16-411, Arizona Revised Statutes, is amended to read:

START_STATUTE16-411. Designation of election precincts and polling places; voting centers; electioneering; wait times

A. The board of supervisors of each county, on or before October 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 established so as to be 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. At least 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 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. A voting center shall allow any voter in that county to receive the appropriate ballot for that voter on election day after presenting identification as prescribed in section 16-579 and to 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.

5. On a specific resolution of the board of supervisors that is limited to a specific election date and that is voted on by a recorded vote, the board may authorize the county recorder or other officer in charge of elections to use emergency voting centers as follows:

(a) The board shall specify in the resolution the location and the hours of operation of the emergency voting centers.

(b) A qualified elector voting at an emergency voting center shall provide identification as prescribed in section 16-579, except that notwithstanding section 16-579, subsection A, paragraph 2, for any voting at an emergency voting center, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.

(c) If an emergency voting center established pursuant to this section becomes unavailable and there is not sufficient time for the board of supervisors to convene to approve an alternate location for that emergency voting center, the county recorder or other officer in charge of elections may make changes to the approved emergency voting center location and shall notify the public and the board of supervisors regarding that change as soon as practicable.  The alternate emergency voting center shall be as close in proximity to the approved emergency voting center location as possible.

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.

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 does not allow 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 allowed 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. END_STATUTE

Sec. 4. Title 16, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 16-446.01, to read:

START_STATUTE16-446.01. Vote tabulating equipment; internet connection; prohibition

DURING THE PERIOD BEGINNING TWENTY-SEVEN DAYS before election day AND ENDING ON THE DATE OF THE LAST OFFICIAL CANVASS, VOTE TABULATING EQUIPMENT SHALL not BE CONNECTED TO THE INTERNET, ANY WIRELESS COMMUNICATION DEVICE or ANY EXTERNAL NETWORK.  BALLOTS SHALL NOT BE TABULATED USING ANY VOTE TABULATING EQUIPMENT THAT IS OR HAS BEEN CONNECTED TO THE INTERNET, ANY WIRELESS COMMUNICATION DEVICE or ANY EXTERNAL NETWORK DURING that same period.END_STATUTE

Sec. 5. Section 16-542, Arizona Revised Statutes, is amended to read:

START_STATUTE16-542. Request for ballot; civil penalties; violation; classification

A. Within Not earlier than ninety-three days and not later than four 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, which also shall include any nonpartisan offices and ballot questions, or the elector shall designate the ballot for nonpartisan offices and ballot questions only and the elector may receive and vote the ballot that contains only nonpartisan offices and ballot questions. The county recorder or other officer in charge of elections shall process any request for an early ballot for a municipal election pursuant to this subsection. 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.  Any on-site early voting location or other early voting location shall require each elector to present identification as prescribed in section 16-579 before receiving a ballot.  Notwithstanding section 16-579, subsection A, paragraph 2, at any on-site early voting location or other early voting location the county recorder or other officer in charge of elections may provide for a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.

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 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 not later than 5:00 p.m. on the eleventh day preceding the election. An elector who appears personally no not 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 after presenting identification as prescribed in section 16-579 and shall be permitted to vote at the on-site location.  Notwithstanding section 16-579, subsection A, paragraph 2, at any on-site early voting location the county recorder or other officer in charge of elections may provide for a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452. 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 experiencing an emergency between 5:00 p.m. on the Friday preceding the election and 5:00 p.m. on the Monday preceding the election, qualified electors may request to vote in the manner prescribed by the board of supervisors of their respective county. Before voting pursuant to this subsection, an elector who experiences an emergency shall provide identification as prescribed in section 16-579 and shall sign a statement under penalty of perjury that states that the person is experiencing or experienced 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.  Signed statements received pursuant to this subsection are not subject to inspection pursuant to title 39, chapter 1, article 2.  For the purposes of this subsection, "emergency" means any unforeseen circumstances that would prevent the elector from voting at the polls.

I. Notwithstanding section 16-579, subsection A, paragraph 2, for any voting pursuant to subsection H of this section, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.

J. H. 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.

K. I. 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 $25 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.

L. J. Except for a voter who is on the active early voting list prescribed by section 16-544, a voter who requests a onetime early ballot pursuant to section 16-542 or for an election conducted pursuant to section 16-409 or article 8.1 of this chapter, a county recorder, city or town clerk or other election officer may not deliver or mail an early ballot to a person who has not requested an early ballot for that election.  An election officer who knowingly violates this subsection is guilty of a class 5 felony. END_STATUTE

Sec. 6. Section 16-547, Arizona Revised Statutes, is amended to read:

START_STATUTE16-547. Ballot affidavit; form

A. The early ballot shall be accompanied by an envelope bearing on the front the name, official title and post office address of the recorder or other officer in charge of elections and on the other side a printed affidavit in substantially the following form:

I declare the following under penalty of perjury: I am a registered voter in ___________ county Arizona, I have not voted and will not vote in this election in any other county or state, I understand that knowingly voting more than once in any election is a class 5 felony and I voted the enclosed ballot and signed this affidavit personally unless noted below.

If the voter was assisted by another person in marking the ballot, complete the following:

I declare the following under penalty of perjury: At the registered voter's request I assisted the voter identified in this affidavit with marking the voter's ballot, I marked the ballot as directly instructed by the voter, I provided the assistance because the voter was physically unable to mark the ballot solely due to illness, injury or physical limitation and I understand that there is no power of attorney for voting and that the voter must be able to make the voter's selection even if they the voter cannot physically mark the ballot.

Name of voter assistant: ____________________

Address of voter assistant: _________________

B. The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by the applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 52 United States Code section 20301).  Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters.

C. The officer charged by law with the duty of preparing ballots at any election shall ensure that the early ballot is sent in an envelope that states substantially the following:

If the addressee does not reside at this address, mark the unopened envelope "return to sender" and deposit it in the United States mail.

D. The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the affidavit, mark the ballot and return both in the enclosed self-addressed envelope that complies with section 16-545. The instructions shall include the following statement:

EXCEPT AS OTHERWISE PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (P.L. 99-410; 52 UNITED STATES CODE SECTION 20301) or SECTION 16-549 OR 16-553, 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 on-site early voting location that is ESTABLISHED by the county recorder or other officer in charge of elections in the county no not later than 7:00 p.m. on the Friday before election day. The ballot will not be counted without the voter's signature on the envelope.

(WARNING — It is a felony to offer or receive any compensation for a ballot.) END_STATUTE

Sec. 7. Section 16-548, Arizona Revised Statutes, is amended to read:

START_STATUTE16-548. Preparation and transmission of ballot

A. The early voter shall make and sign the affidavit and shall then mark his the ballot in such a manner that his the voter's vote cannot be seen.  The early voter shall fold the ballot, if a paper ballot, so as to conceal the vote and deposit the voted ballot in the envelope provided for that purpose, which shall be securely sealed and, together with the affidavit, delivered or mailed to the county recorder or other officer in charge of elections of the political subdivision in which the elector is registered or deposited by the voter or the voter's agent at any polling place in the county except as otherwise provided by the uniformed and overseas citizens absentee voting act (p.l. 99-410; 52 united states code section 20301) or section 16-549 or 16-553.  In order to be counted and valid, the ballot must be received by the county recorder or other officer in charge of elections or deposited at any polling place in the county no on-site early voting location that is ESTABLISHED by the county recorder or other officer in charge of elections not later than 7:00 p.m. on the Friday before election day.

B. If the early voter is an overseas citizen, a qualified elector absent from the United States or in the United States service, a spouse or dependent residing with the early voter or a qualified elector of a special district mail ballot election as provided in article 8.1 of this chapter, the early voter may subscribe to the affidavit before and obtain the signature and military identification number or passport number, if available, of any person who is a United States citizen eighteen years of age or older. END_STATUTE

Sec. 8. Section 16-550, Arizona Revised Statutes, is amended to read:

START_STATUTE16-550. Receipt of voter's ballot; cure period

A. On receipt of the envelope containing the early ballot and the ballot affidavit, the county recorder or other officer in charge of elections shall compare the signatures thereon signature on the envelope with the signature of the elector on the elector's registration record. If the signature is inconsistent with the elector's signature on the elector's registration record, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the voter, advise the voter of the inconsistent signature and allow the voter to correct or the county to confirm the inconsistent signature. The county recorder or other officer in charge of elections shall allow signatures to be corrected not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election. If the signature is missing, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the elector, advise the elector of the missing signature and allow the elector to add the elector's signature not later than 7:00 p.m. on election day. If satisfied that the signatures correspond, the recorder or other officer in charge of elections shall hold the envelope containing the early ballot and the completed affidavit unopened in accordance with the rules of the secretary of state.

B. The recorder or other officer in charge of elections shall thereafter safely keep the affidavits and early ballots in the recorder's or other officer's office and may shall deliver them for tallying pursuant to section 16-551. Tallying of ballots may shall begin immediately after the envelope and completed affidavit are processed pursuant to this section and delivered to the early election board.  Subject to the Uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States code section 20301), the tallying of early ballots shall be completed not later than 11:00 p.m. on election day, if feasible.

C. The county recorder shall send a list of all voters who were issued early ballots to the election board of the precinct in which the voter is registered.

D. This section does not apply to:

1. A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.

2. A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter. END_STATUTE

Sec. 9. Section 16-551, Arizona Revised Statutes, is amended to read:

START_STATUTE16-551. Early election board; violation; classification

A. The board of supervisors or the governing body of the political subdivision shall appoint one or more early election boards to serve at places to be designated by the board of supervisors or the governing body to canvass and tally early election ballots. Members of early election boards shall be selected in accordance with the provisions for selecting members of regular election boards as provided in section 16-531.

B. If an electronic voting system is in use for early voting, the early election board shall consist of at least one inspector and two judges who shall perform the processing requirements in accordance with the rules issued by the secretary of state. The inspector and judges shall be appointed in the same manner by party as provided in section 16-531.

C. All early ballots received by the county recorder or other officer in charge of elections before 7:00 p.m. 9:00 p.m. on the Friday before election day and the original affidavit of the voter shall be delivered to the early election boards for processing as provided in the rules of the secretary of state. The office of the county recorder or other officer in charge of elections shall remain open until 7:00 p.m. 9:00 p.m. on the Friday before election day for the purpose of receiving early ballots. In no event shall Partial or complete tallies of the early election board shall not be released or divulged before all precincts have reported or one hour after the closing of the polls on election day, whichever occurs first, and Any person who unlawfully releases information regarding vote tallies or who possesses a tally sheet or summary without authorization from the recorder or officer in charge of elections is guilty of a class 6 felony.

D. The necessary printed blanks for poll lists, tally lists, lists of voters, ballots, oaths and returns, together with envelopes in which to enclose the returns, shall be furnished by the board of supervisors or the governing body of the political subdivision to the early election board for each election precinct at the expense of the county or the political subdivision. END_STATUTE

Sec. 10. Section 16-552, Arizona Revised Statutes, is amended to read:

START_STATUTE16-552. Early ballots; processing; challenges; observers; injunction

A. In a jurisdiction that uses optical scan ballots, the officer in charge of elections may use the procedure prescribed by this section or may request approval from the secretary of state for a different method for processing early ballots. The request shall be made in writing at least ninety days before the election for which the procedure is intended to be used.  After the election official has confirmed with the secretary of state that all election equipment passes the logic and accuracy test, the election official may begin to count early ballots.  No early ballot results may be released except as prescribed by section 16-551.

B. The early election board shall check the voter's affidavit on the envelope containing the early ballot. If it is found to be sufficient, the vote shall be allowed. If the affidavit is insufficient, the vote shall not be allowed.

C. The county chairman of each political party represented on the ballot, by written appointment addressed to the early election board, may designate party representatives and alternates to act as early ballot challengers for the party and to OBSERVE the processing of early ballots, the verification, confirmation or correction of signatures on early ballot affidavits and the tabulation, duplication and adjudication of ballots as prescribed in subsections I and J of this section. No party may have more than the number of such representatives or alternates that were mutually agreed on by each political party to be present at one time. If such agreement cannot be reached, the number of representatives shall be limited to one five for each political party.

D. An early ballot may be challenged on any grounds set forth in section 16-591. All challenges shall be made in writing with a brief statement of the grounds before the early ballot is placed in the ballot box. A record of all challenges and resulting proceedings shall be kept in substantially the same manner as provided in section 16-594. If an early ballot is challenged, it shall be set aside and retained in the possession of the early election board or other officer in charge of early ballot processing until a time that the early election board sets for determination of the challenge, subject to the procedure in subsection E of this section, at which time the early election board shall hear the grounds for the challenge and shall decide what disposition shall be made of the early ballot by majority vote. If the early ballot is not allowed, it shall be handled pursuant to subsection G of this section.

E. Within twenty-four hours of receipt of a challenge, the early election board or other officer in charge of early ballot processing shall mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the request for an early ballot or, if none was provided, to the mailing address shown on the registration rolls.  Notice shall also be mailed to the challenger at the address listed on the written challenge and provided to the county chairman of each political party represented on the ballot. The board shall meet to determine the challenge at the time specified by the notice but, in any event, not earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m. on the Monday following the election. The board shall provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge. The board may decline to permit comments, either in person or in writing, by anyone other than the voter, the challenger and the party representatives. The burden of proof is on the challenger to show why the voter should not be permitted to vote. The fact that the voter fails to appear shall not be deemed to be an admission of the validity of the challenge. The early election board or other officer in charge of early ballot processing is not required to provide the notices described in this subsection if the written challenge fails to set forth at least one of the grounds listed in section 16-591 as a basis for the challenge. In that event, the challenge will be summarily rejected at the meeting of the board. Except for election contests pursuant to section 16-672, the board's decision is final and may not be appealed.

F. If the vote is allowed, the board shall open the envelope containing the ballot in such a manner that the affidavit thereon is not destroyed, take out the ballot without unfolding it or permitting it to be opened or examined and show by the records of the election that the elector has voted.

G. If the vote is not allowed, the affidavit envelope containing the early ballot shall not be opened and the board shall mark across the face of such envelope the grounds for rejection. The affidavit envelope and its contents shall then be deposited with the opened affidavit envelopes and shall be preserved with official returns. If the voter does not enter an appearance, the board shall send the voter a notice stating whether the early ballot was disallowed and, if disallowed, providing the grounds for the determination. The notice shall be mailed by first class mail to the voter's mailing address as shown on the registration rolls within three days after the board's determination.

H. Party representatives and alternates may be appointed as provided in subsection C of this section to be present and to challenge the verification of questioned ballots pursuant to section 16-584 on any grounds permitted allowed by this section. Questioned ballots that are challenged shall be presented to the early election board for decision under the provisions of this section.

I. A representative appointed pursuant to subsection c of this section or section 16-621, subsection a shall be allowed adequate observation of the processing of ballots, the verification, confirmation or correction of signatures on early ballot affidavits and the tabulation, duplication and adjudication of ballots, except that a representative shall not engage in any conduct that directly interferes with the administration of the election.  For the purposes of this subsection, "adequate observation" means the ability to visually and aurally ascertain and verify that observed activities are carried out in a correct, accurate and lawful manner.

J. A political party, candidate or political committee that has appointed a representative may bring an action for an injunction in the superior court to enforce subsection a of this section.  A political party, candidate or political committee that substantially prevails in an action brought pursuant to this section is entitled to recover from the county recorder or other officer in charge of elections its reasonable costs and attorney fees.

K. The county recorder or other officer in charge of elections shall make available to qualified electors who have been issued an early ballot a process, including a secure internet portal if feasible, to ascertain whether their early ballot has been received, processed and tabulated.  The county recorder or other officer in charge of elections shall update the information made available pursuant to this subsection at least once each business day during the period beginning twenty-seven days before election day and ending on the date of the last official canvass. END_STATUTE

Sec. 11. Title 16, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 16-553, to read:

START_STATUTE16-553. Return of early ballots to polling places

A. NOTWITHSTANDING ANY OTHER LAW, A QUALIFIED ELECTOR MAY DELIVER A VOTED EARLY BALLOT, ACCOMPANIED BY THE ENVELOPE ISSUED FOR THAT EARLY BALLOT PURSUANT TO SECTION 16-549, BETWEEN THE HOURS OF 6:00 A.M. AND 7:00 P.M. ON THE DAY OF THE ELECTION TO A POLLING PLACE AT WHICH THE ELECTOR WOULD BE QUALIFIED TO CAST A VALID IN-PERSON BALLOT.  TO CAST AN EARLY BALLOT AT THE POLLING PLACE PURSUANT TO THIS SECTION, THE QUALIFIED ELECTOR MUST PRESENT A VALID FORM OF IDENTIFICATION PURSUANT TO section 16-579, SUBSECTION A AND SIGN THE ELECTOR'S NAME IN THE SIGNATURE ROSTER OR ELECTRONIC POLLBOOK PURSUANT TO section 16-579, SUBSECTION D OR E.

B. IF THE QUALIFIED ELECTOR DOES NOT PRESENT SUFFICIENT IDENTIFICATION PURSUANT TO section 16-579, SUBSECTION A, THE EARLY BALLOT SHALL NOT BE CAST OR TABULATED, BUT THE ELECTOR MAY VOTE A CONDITIONAL PROVISIONAL BALLOT AS PROVIDED IN AND subject to section 16-579, SUBSECTION A.

C. IF THE NAME OR ADDRESS OF THE QUALIFIED ELECTOR AS IT APPEARS ON THE ELECTOR'S IDENTIFICATION DOES NOT REASONABLY MATCH THE NAME OR ADDRESS OF THE ELECTOR AS IT APPEARS ON THE SIGNATURE ROSTER, ELECTRONIC POLLBOOK OR EARLY BALLOT ENVELOPE, OR IF THE NAME OF THE ELECTOR DOES NOT APPEAR ON THE SIGNATURE ROSTER OR ELECTRONIC POLLBOOK, OR IF THE ELECTOR DOES NOT PRESENT THE ENVELOPE ISSUED FOR THE EARLY BALLOT PURSUANT TO SECTION 16-549, THE EARLY BALLOT SHALL NOT BE CAST OR TABULATED, BUT THE ELECTOR MAY VOTE A PROVISIONAL BALLOT AS PROVIDED IN AND SUBJECT TO SECTIONS 16-579 AND 16-584.

D. AN EARLY BALLOT CAST PURSUANT TO THIS SECTION SHALL BE REMOVED FROM THE EARLY BALLOT ENVELOPE AND DEPOSITED INTO THE BALLOT BOX OR A SECURE, METAL BOX DESIGNATED FOR SUCH BALLOTS FOR DELIVERY TO THE CENTRAL COUNTING PLACE OR OTHER RECEIVING STATION DESIGNATED BY THE BOARD OF SUPERVISORS.  AN EARLY BALLOT RECEIVED PURSUANT TO THIS SECTION IS NOT SUBJECT TO THE REVIEW AND PROCESSING PROCEDURES prescribed IN SECTIONS 16-550, 16-551 AND 16-552.END_STATUTE

Sec. 12. Section 16-625, Arizona Revised Statutes, is amended to read:

START_STATUTE16-625. Electronic data and digital images; ballots; security

The officer in charge of elections shall ensure that electronic data from and electronic or digital images of ballots are protected from physical and electronic access, including unauthorized copying or transfer, and that all security measures are at least as protective as those prescribed for paper ballots MADE AVAILABLE FOR VIEWING BY THE PUBLIC BY POSTING those DIGITAL IMAGES TO THE WEBSITE OF THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS NOt LATER THAN TWO DAYS AFTER election day.  THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL RETAIN DIGITAL IMAGES OF BALLOTS AS A PUBLIC RECORD FOR TWENTY-FOUR MONTHS FOR ELECTIONS FOR A FEDERAL OFFICE OR FOR SIX MONTHS FOR ALL OTHER ELECTIONS.END_STATUTE

Sec. 13. Title 16, chapter 4, Arizona Revised Statutes, is amended by adding article 11.1, to read:

ARTICLE 11.1. ENFORCEMENT

START_STATUTE16-652. Violations; civil enforcement; penalties

A. IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW, ANY OFFICER, AGENT OR EMPLOYEE OF THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE WHO KNOWINGLY VIOLATES, KNOWINGLY AUTHORIZES A VIOLATION OF OR KNOWINGLY AIDS OR ABETS ANOTHER PERSON IN A VIOLATION OF this article or ARTICLE 1, 4, 5, 6, 8, 9 or 10 OF THIS CHAPTER is liable for A CIVIL PENALTY IN THE AMOUNT OF $10,000 FOR EACH VIOLATION AND is INELIGIBLE TO HOLD ANY PUBLIC OFFICE IN THIS STATE OR ANY POLITICAL SUBDIVISION OF THis STATE OR TO MAINTAIN EMPLOYMENT WITH THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE.

B. ANY CANDIDATE WHO HAS QUALIFIED FOR PLACEMENT ON THE BALLOT IN A COUNTY WHERE A VIOLATION OF SUBSECTION A of this section IS ALLEGED TO HAVE OCCURRED, OR ANY POLITICAL COMMITTEE SPONSORING AN INITIATIVE OR REFERENDUM PURSUANT TO SECTION 19-111 THAT HAS QUALIFIED FOR PLACEMENT ON THE BALLOT IN A COUNTY WHERE A VIOLATION OF SUBSECTION A of this section IS ALLEGED TO HAVE OCCURRED, MAY ENFORCE THIS SECTION BY BRINGING AN ACTION IN THE SUPERIOR COURT OF THE COUNTY IN WHICH THE ALLEGED VIOLATION OCCURRED. THE COURT SHALL AWARD THE PREVAILING PARTY REASONABLE COSTS AND ATTORNEY FEES.END_STATUTE

Sec. 14. Section 16-949, Arizona Revised Statutes, is amended to read:

START_STATUTE16-949. Controls on spending from citizens clean elections fund

A. The commission shall not spend, on all costs incurred under this article during a particular calendar year, more than five dollars $5 times the number of Arizona resident personal income tax returns filed during the previous calendar year. The commission may exceed this limit during a calendar year, provided that it is offset by an equal reduction of the limit during another calendar year during the same four-year period beginning January 1 immediately after a gubernatorial election.

B. The commission may use up to ten per cent percent of the amount specified in subsection A of this section for reasonable and necessary expenses of administration and enforcement, including the activities specified in section 16-956, subsection A, paragraphs 3 through 7 and subsections B and C. Any portion of the ten per cent percent not used for this purpose shall remain in the fund.

C. The commission may apply up to ten per cent percent of the amount specified in subsection A of this section for reasonable and necessary expenses associated with public education regarding participation as a candidate or a contributor, or regarding the functions, purpose and technical aspects of the act.  Reasonable and necessary expenditures made pursuant to section 16-956 are not included in this subsection.

D. The commission may spend monies in the fund for the reasonable and necessary expenses to implement the act but shall not use monies in the fund to promote the benefits of the clean elections act.  Expenditures made pursuant to subsection C of this section or in section 16-956, subsection A are deemed not to constitute promoting the benefits of the clean elections act.  Expenditures pursuant to this subsection shall not be included in the limits prescribed in subsection C of this section.

E. Each fiscal year, on receipt and approval of a certified claim, If any state agency, department or commission spends monies to implement, CARRY out or ENFORCE the provisions of the following, the citizens clean elections COMMISSION shall direct the state TREASURER to reimburse the state agency, department or commission:

1. Section 16-246.

2. Section 16-407.04.

3. Section 16-411.

4. Section 16-446.01.

5. Section 16-542.

6. Section 16-547.

7. Section 16-548.

8. Section 16-550.

9. Section 16-551.

10. Section 16-552.

11. Section 16-553.

12. Section 16-625.

13. Section 16-652.

14. Section 38-291.

E. F. The state treasurer shall administer a citizens clean elections fund from which costs incurred under this article shall be paid.  The auditor general shall review the monies in, payments into and expenditures from the fund no not less often than every four years. END_STATUTE

Sec. 15. Section 38-291, Arizona Revised Statutes, is amended to read:

START_STATUTE38-291. Vacancy defined

An office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office:

1. Death of the person holding the office.

2. Insanity of the person holding the office, when judicially determined.

3. Resignation of the person holding the office and the lawful acceptance of the resignation.

4. Removal from office of the person holding the office, including the removal of a board or commission member by the appointing power before the expiration of the person's term of office.

5. If the office is elective, the person holding the office ceasing to be a resident of the state, or, if the office is local, or from a legislative or congressional district, the person holding the office ceasing to be a resident of the district, county, city, town or precinct for which the person was elected, or within which the duties of the person's office are required to be discharged.

6. Absence from the state by the person holding the office, without permission of the legislature, beyond the period of three consecutive months.

7. The person holding the office ceasing to discharge the duties of office for the period of three consecutive months.

8. Conviction of the person holding the office of a felony or an offense involving a violation of the person's official duties.

9. Failure of the person elected or appointed to the office to file the person's official oath within the time prescribed by law.

10. A decision of a competent tribunal declaring void the election or appointment of the person elected or appointed to the office.

11. Failure of a person to be elected or appointed to the office.

12. A violation of section 38-296 by the person holding the office.

13. A finding of liability under section 16-652 against the person holding office. END_STATUTE

Sec. 16. Standing and fee shifting; definition

A. This act, if approved by the voters and thereafter challenged in court, shall be defended by the State of Arizona. If the attorney general fails to defend or enforce this act or fails to appeal an adverse judgment against its validity or application, in whole or in part, any resident of this state shall have standing to initiate or intervene in any action or proceeding to enforce or defend this act.

B. The court shall award fees and expenses to any resident who initiates or intervenes in, and prevails on the merits of, any action or proceeding to enforce or defend this act.

C. For the purposes of this section, "fees and expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, report, test or project found by the court to be necessary to prepare the party's case and reasonable attorney fees.

Sec. 17. Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona."

Amend title to conform


 

JOHN KAVANAGH

 

SCR1032KAVANAGH.docx

03/21/2022

04:03 PM

C: MR