PREFILED    DEC 27 2021

REFERENCE TITLE: misplaced ballots; invalidity; misdemeanor; damages

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

SB 1056

Introduced by

Senator Townsend

AN ACT

amending title 16, chapter 4, article 10, Arizona Revised Statutes, by adding section 16-605; relating to conduct of elections.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 16, chapter 4, article 10, Arizona Revised Statutes, is amended by adding section 16-605, to read:

START_STATUTE16-605. Misplaced ballots; ineligibility; damages; violation; classification

A. Any ballots that are misplaced and not included in the initial tally at a polling place or, for early and provisional ballots, are misplaced and not included in initial tallies at a counting center or early election board are invalid ballots and shall not be counted.  A person who misplaces a BALLOT as prescribed by this subsection is guilty of a class 2 misdemeanor.

B. If a ballot is misplaced and cannot be counted as prescribed by SUBSECTION A of this section and is a provisional or early ballot that identifies the voter on the face of the affidavit or envelope, the voter of that misplaced ballot may file an action for damages against the governmental body administering the election for the loss of the right to vote.END_STATUTE