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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
misplaced ballots; invalidity; misdemeanor; damages
Purpose
Declares, as an invalid ballot, any misplaced ballots that is not included in the initial tally at a polling place, counting center or early election board. Classifies misplacing a ballot prior to the initial tally as a class 2 misdemeanor. Allows a provisional or early voter whose ballot was misplaced to file an action for damages against the governmental body administering the election.
Background
Upon opening the polls, the inspector at a polling place must produce a sealed package of official ballots and publicly open the ballots and deliver one book or block to the judges. The other books or blocks of ballots must remain with the inspector until called for by the judges and required for voting. One of the judges must keep the ballots within the polling place in plain view of the public. A person is prohibited from taking or removing a ballot from the polling place before the polls are closed (A.R.S. § 16-572).
In any primary, special or general election in which the votes are cast on an electronic voting machine or tabulator, the election judge must compare the number of votes indicated as being cast on the machine or tabulator with the number of votes indicated as being cast on the poll list and the number of provisional ballots cast. The election judge must prepare and submit a written report including this information to the officer in charge of elections along with other tally reports (A.R.S. § 16-602). In each election precinct where voting machines are used, statements of tally must be printed to conform with the voting machine used. The designated number and letter on the counter for each candidate must be printed next to the candidate's name on the statements and must provide for the number of votes for each candidate with "yes" and "no" over each question to be entered (A.R.S. § 16-607).
After the close of the polls the members of the election board must prepare a report in duplicate of the number of voters who voted according to the poll list and place the report in the ballot box or metal container where the voted ballots have been placed. The container must be sealed with a numbered seal and delivered along with the statements of tally and delivered by two election board members of different political parties to the central counting place or other receiving station. The person in charge of receiving ballots must provide a numbered receipt acknowledging receipt of the ballots (A.R.S. § 16-608).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Declares, as an invalid ballot, any ballot that is misplaced and not included in the initial tally at a polling place, including provisional and early ballots at a counting center or early election board and prohibits the misplaced ballots or unincluded ballots from being counted.
2. Classifies, as a class 2 misdemeanor, misplacing a ballot prior to the initial tally.
3. Allows a voter with a provisional or early ballot that is misplaced and that cannot be counted to file an action for damages against the governmental body administering the election for the loss of the right to vote if the ballot identifies the voter on the face of the affidavit or envelope.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 19, 2022
MH/HW/slp