ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

Senate: GOV DP 4-3-0-0 | APPROP DP 7-2-1-0 | 3rd Read 16-13-1-0

House: GE DP 7-6-0-0


SB 1362: early ballot on-site tabulation

Sponsor: Senator Mesnard, LD 17

House Engrossed

Overview

Outlines the procedures and requirements for the on-site tabulation of early ballots at the elector's designated polling location or a voting center on election day.

History

The county recorder or other officer in charge of elections is charged with the comparison of signatures of electors when the early ballot and completed affidavit are received.  The county recorder or other officer in charge of elections compares the signatures with the signature on the elector's registration form.  If satisfied that the signatures correspond, the county recorder must hold the ballot unopened in accordance with the rules of the Secretary of State.

Until delivered pursuant to statute, the county recorder is required to keep the early ballots and affidavits in office and the tallying of the ballots may begin immediately after the envelope and completed affidavit are processed and delivered to the early election board (A.R.S. § 16-550).

Provisions

1.   Specifies that the consolidation of adjacent precincts may be done with a specific finding of early voters who are not expected to have their ballots tabulated at the polling place. (Sec. 1)

2.   Includes in the consideration of the maximum allowable wait time for any election the number of registered voters whose early ballots were tabulated on-site in the prior primary and general elections. (Sec. 1)

3.   Exempts early ballots that are tabulated on site from the county recorder requirements regarding early ballots and the ballot affidavit. (Sec. 2)

4.   Includes in the postings before the opening of the polls by the inspector of elections any notices necessary for complying with early ballot on-site tabulation procedures. (Sec. 3)

5.   Allows each county recorder or other officer in charge of elections to provide for a qualified elector to have the elector's voted early ballot tabulated if the elector appears at the designated polling location or at a voting center on election day with the elector's voted early ballot. (Sec. 4)

6.   Stipulates that the county recorder or other officer in charge of elections must do all of the following if the on-site tabulation of early ballots is allowed:

a)   Designate an area for processing electors with their voted early ballots that is physically separate from the area for voters who are voting on election day within a precinct or voting center;

b)   Provide adequate election officials, equipment and poll workers necessary to conduct voting on election day and election day early ballot on-site tabulation;

c)   Tally by precinct and categorize separately in the official canvass and other reports electors whose voted early ballots are tabulated at the voting center or precinct; and

d)   Reconcile the number of electors who appear on the signature roster or e-pollbook at a polling place or voting center with the number of completed early ballot affidavits and the voted early ballots tabulated on site. (Sec. 4)

7.   Directs a qualified elector with the elector's voted early ballot who appears at a designated polling place or a voting center that allows for the on-site tabulation of early ballots to present identification as prescribed in statute and proceed as follows:

a)   If the elector does not present statutorily prescribed identification, the elector must either deposit the voted early ballot in its affidavit envelope in an official drop box or proceed to the election day area designated for voting to surrender the early ballot to the election board for retention and not for tabulating.  The elector is then allowed to vote a provisional ballot.  An election official may not allow for the on-site tabulation of an early ballot without statutorily prescribed identification;

b)   If the elector presents sufficient statutorily prescribed identification, the elector must present the early ballot affidavit to the election official in charge of the signature roster who must then confirm that the name and address on the completed affidavit reasonably appear to be the same as on the precinct register; and

c)   The election official in charge of the signature roster must allow the elector to complete the affidavit, if not complete, and may not allow for the on-site tabulation of an early ballot until the elector presents a completed early ballot affidavit. (Sec. 4)

8.   Instructs the clerk to number consecutively the elector's completed affidavit in the order of application for early ballot tabulation. (Sec. 4)

9.   Requires each qualified elector to sign the elector's name as prescribed in statute for precincts where a paper signature roster is used or where an electronic pollbook is used before proceeding to the tabulating equipment. (Sec. 4)

10.  States that the elector, after signing the signature roster or electronic pollbook, must proceed to the tabulating equipment and complete the following while under the observation of an election official:

a)   Remove the early ballot from the completed affidavit envelope;

b)   Deposit the empty completed affidavit envelope in the labeled and secured drop box; and

c)   Insert the early ballot into a tabulating machine. (Sec. 4)

11.  Prohibits an early ballot that has been separated from the elector's completed affidavit envelope from being removed from the on-site early ballot tabulation area. (Sec. 4)

12.  Mandates that the prescribed drop box for voted early ballots must be clearly labeled to indicate that the completed affidavits are from tabulated early ballots and must be secured in a similar manner to other ballot boxes at that location. (Sec. 4)

13.  Directs a qualified elector who lawfully brings another elector's voted early ballot that is sealed in its affidavit envelope to deposit the other elector's voted early ballot in the appropriate ballot drop box before entering the on-site early ballot tabulation area in order to tabulate the elector's own early ballot. (Sec. 4)

14.  Prescribes that the county recorder or other officer in charge of elections must ensure that a voter does not possess another voter's ballot within the on-site early ballot tabulation area. (Sec. 4)

15.  ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteMakes technical and conforming changes. (Sec. 1, 3)

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19.                    SB 1362

20.  Initials SJ  Page 0 House Engrossed

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