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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
drive-up voting; prohibition
Purpose
Prohibits a county recorder or elections officer from providing for or allowing a voter to vote from a vehicle or other conveyance or using a ballot drop box outside of a polling place, voting center or county recorder or elections department office, unless otherwise required by specified state and federal law.
Background
Voting locations must comply with current Americans with Disability Act (ADA) standards for accessible design. The officer in charge of elections must consult the ADA checklist for polling places when confirming compliance (EPM, Ch. 5 (III)). If a county board of supervisors (county BOS) determines that a polling place is inaccessible to elderly persons or persons with disabilities, the county BOS must provide for alternative voting according to procedures established by the Secretary of State pursuant to the Voting Accessibility For the Elderly and Handicapped Act (A.R.S. § 16-581). Alternative means of voting may only be used if no accessible sites are available and no temporary measures can make them available. For voters with disabilities or seniors, alternative means of voting that must be offered include: 1) reassignment to an accessible voting location in the precinct, where practicable; 2) assistance provided by a person of the voter's choice; 3) early voting; and 4) curbside voting, if available, at the polling location. Curbside voting may be made available as a reasonable accommodation, as necessary, to provide voters with disabilities equal access to the voting process (EPM, Ch. 5 (IV)).
Counties or municipalities that establish ballot drop-off locations or drop-boxes must develop and implement procedures to ensure the security of the drop-off location or drop box. Additionally, the use of drop-off locations or drop-boxes must comply with specified security and chain of custody requirements outlined in the Elections Procedures Manual (EPM, Ch. 2 (I)).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a county recorder or officer in charge of elections from providing for or allowing a voter to receive a ballot and vote from a vehicle or other conveyance or using a ballot drop box outside of a polling place, voting center or the county recorder's or election department's offices or facilities, unless required for compliance with:
a) statutory requirements for polling places that are inaccessible to elderly persons or persons with disabilities;
b) the statutory prohibition against discrimination in voting rights or public accommodations;
c) the ADA; or
d) federal law.
2. Requires appropriately trained election workers to monitor ballot drop boxes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2022
MH/slp