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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
early ballot on-site tabulation
Purpose
Allows every county recorder to provide for a method for an elector to have the elector's completed early ballot tabulated on site at a polling place or voting center according to outlined requirements.
Background
In order to vote a standard ballot at a voting location or voting center, a qualified elector must present valid identification. The name of each qualified elector must be numbered consecutively by the clerk in the order for applications of ballots. The qualified elector must be given a ballot by the judge and the elector's name must be checked on the precinct register. A qualified elector who is listed as having applied for an early ballot and who either states that the elector has not and will not vote an early ballot or surrenders the early ballot to the precinct inspector on election day must be permitted to vote a provisional ballot (A.R.S. §§ 16-579 and 16-584).
Voters who appear at a voting location with an early mail ballot that has not been voted, along with the early ballot affidavit envelope, may use a privacy booth at the voting location to mark the ballot. If a voter uses a privacy booth to mark the ballot, the voter does not sign in and must place the voted early ballot in the affidavit envelope, sign the affidavit envelope and place the envelope in the early ballot drop-off container (EPM Ch. 9 (VI)(B)(1)). On receipt of an envelope containing an early ballot and ballot affidavit, a county recorder or other officer in charge of elections must compare the affidavit signature with the signature on the elector's registration record. If satisfied that the signatures correspond, the county recorder or other officer in charge of elections must hold the envelope containing the early ballot and completed affidavit unopened and may deliver the early ballot and affidavit for tallying (A.R.S. § 16-550).
There is no anticipated fiscal impact to the state General Fund (state GF) associated with this legislation.
Provisions
1. Allows every county recorder or other officer in charge of elections to allow a qualified elector who appears with the elector's voted early ballot at the elector's designated polling location or a vote center on election day to have the early ballot tabulated on site.
2. Requires a county recorder or other officer in charge of elections, if the on-site tabulation of early ballots is allowed, to:
a) designate an area within a precinct or voting center for processing electors with voted early ballots that is physically separate from the area for voters who are voting standard ballots on site;
b) provide adequate poll workers, election officials and equipment necessary to conduct early ballot on-site tabulation;
c) categorize and separately tally by precinct, in the official canvass and other reports, electors whose voted early ballots are tabulated on site at the precinct or voting center; and
d) reconcile the number of electors who appear on the signature roster or electronic pollbook with the number of completed early ballot affidavits and early ballots tabulated on site for a polling place or voting center.
3. Requires a qualified elector who appears at a voting center or the elector's designated polling place with the elector's voted early ballot that allows for on-site tabulation of early ballots to present identification in the same manner as required to receive a standard ballot at a voting location.
4. Requires an elector who appears with the elector's voted early ballot at a voting center or the elector's designated polling place that allows for on-site tabulation of early ballots and who does not present valid identification to either:
a) deposit the elector's voted early ballot in the affidavit envelope in an official drop box; or
b) proceed to the area designated for election day voting to surrender the early ballot to the election board for retention.
5. Requires an elector that surrenders the elector's early ballot to an election board to be allowed to vote a provisional ballot.
6. Prohibits an election official from allowing on-site tabulation of an early ballot if the elector does not present valid identification.
7. Requires, when an elector appears with the elector's voted early ballot at a voting center or the elector's designated polling place that allows for on-site tabulation of early ballots and presents valid identification, that the:
a) elector to present the early ballot affidavit to the election official in charge of the signature roster;
b) election official in charge of the signature roster to confirm that the name and address on the completed affidavit reasonably appear to be the same as the name and address on the precinct register;
c) election official in charge of the signature roster to allow the elector to complete an incomplete affidavit; and
d) elector to present a completed early ballot affidavit to the election official in order to have the early ballot tabulated on site.
8. Requires, after confirmation of the elector's name and address and if the elector's affidavit is complete, the elector's name to be numbered consecutively by the clerk and in the order of application for early ballot tabulation.
9. Requires, after confirmation of the elector's name and address, each qualified elector to sign either the paper signature roster or electronic pollbook before proceeding to the tabulating equipment.
10. Requires an elector, if on-site tabulation of early ballots is allowed and after signing the signature roster or electronic pollbook and proceeding to the tabulating equipment, to do the following while under observation of an election official:
a) remove the early ballot from the completed affidavit envelope;
b) deposit the empty, completed affidavit envelope in the secured and labeled drop box; and
c) insert the early ballot into the tabulating machine.
11. Prohibits an early ballot that has been separated from an elector's completed affidavit envelope from being removed from the on-site early ballot tabulation area.
12. Requires the completed affidavit drop box to:
a) indicate that the completed affidavits are from ballots tabulated on site; and
b) be secured in a manner substantially similar to other ballot boxes at that location.
13. Requires any elector that lawfully brings another elector's sealed and voted early ballot to a polling place or voting center to deposit the early ballot in the appropriate ballot drop box before entering the on-site early ballot tabulation area.
14. Requires a county recorder or other officer in charge of elections to ensure that a voter is not in possession of another voter's ballot within the on-site early ballot tabulation area.
15. Requires a county BOS, when determining whether it is necessary to consolidate polling places, to take into account the number of persons who are not expected to have their early ballots tabulated at a polling place.
16. Adds, to the list of factors the SOS must consider when providing for a method to reduce voter wait times at the polls, the number of registered voters whose early ballots were tabulated on site in the prior primary and general elections.
17. Exempts early ballots tabulated on site from requirements related to early ballot affidavit signature verification.
18. Requires any notices necessary for complying with early ballot on-site tabulation procedures to be posted before the opening of the polls.
19. Makes technical and conforming changes.
20. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Allows, rather than requires, a county recorder or other officer in charge of elections to provide for on-site tabulation of early ballots.
2. Removes the establishment of the Early Ballot On-Site Tabulation Fund and requirements related to the Early Ballot On-Site Tabulation Fund.
3. Removes the blank appropriation from the state GF to the Early Ballot On-Site Tabulation Fund in FYs 2023 and 2024 for distribution to county recorders or other officers in charge of elections that submit a plan for conducting on-site tabulation of early ballots in the 2022 general elections.
4. Makes conforming changes.
Senate Action
GOV 2/7/22 DP 4-3-0
Prepared by Senate Research
March 10, 2022
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