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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
House: MOE DPA/SE 8-2-0-0 |
HB2325: mail ballot elections; technical correction
S/E: voting procedures; electors in detention
Sponsor: Representative Kolodin, LD 3
House Engrossed
Overview
Outlines the procedures in which a qualified elector in pretrial detention may vote.
History
The County Recorder or other officer in charge of elections is charged with appointing a convenient number of special election boards to accommodate qualified electors who are ill or disabled. A special election board consists of two members, one member from each of the two largest political parties in Arizona (A.R.S. § 16-549).
A person is entitled to vote if the person is a citizen of the United States, 18 years of age or older and has resided in the state for the appropriate period preceding an election as prescribed by law. No person convicted of treason or a felony is qualified to vote, unless their civil rights have been restored (Art. VII § 2, Const. of Ariz.).
Individuals held in pretrial detention or serving a sentence for a misdemeanor conviction remain eligible to register and vote, provided there are no other deficiencies in eligibility. County Recorders may coordinate with the county sheriff's office, jail or detention facilities, the county public defender's office, and other appropriate stakeholders to develop and implement reasonable procedures to facilitate the receipt and return of a ballot-by-mail by eligible voters held in jail or detention facilities (Eligible Voters in Jail or Detention Facilities).
Provisions
General Provisions
1.
Allows qualified electors who are in
pretrial detention to make a signed request to the County Recorder or officer
in charge of elections to have a ballot delivered to the elector by a special
election board. (Sec. 1)
2. Outlines the information the elector must include in the written request. (Sec. 1)
3. Stipulates the written request must be made at least 10 calendar days before the election for the request to be considered valid. (Sec. 1)
4. Requires a jail officer to deliver a copy of the signed written request to the County Recorder or officer in charge of elections within five calendar days after receiving the request. (Sec. 1)
5. Specifies jail officials must take the steps necessary to facilitate safe compliance with this law. (Sec. 1)
6. Requires the strict compliance with all aspects of this law. (Sec. 1)
7. Specifies that all ballots cast in violation of this law are invalid. (Sec. 1)
8. States any government employee or contractor who violates this law is guilty of a class 3 felony. (Sec. 1)
9. Clarifies that additional relief may be sought if this law is violated and allows any qualified elector of this state to bring a special action to enforce strict compliance with this law. (Sec. 1)
10. Allows a federal detention facility to allow voting in strict compliance with this law and stipulates that if the facility declines to do so, the individuals detained in the federal facility are not permitted to vote. (Sec. 1)
Preparation for Voting
11. Directs the jail to designate a secured, private area for the express purpose of allowing detained electors to vote. (Sec. 1)
12. Prohibits any cameras in the secured, private voting area. (Sec. 1)
13. States party observers are allowed to carry cellular telephones into the jail; however, the jail may require the cellular telephones to be kept in a secure location. (Sec. 1)
14. Requires jail staff to provide access to the party observer's cellular telephones immediately upon request. (Sec. 1)
15. Requires jails to provide written notice of all voting dates to the political party chairpersons no later than 90 days before the election. (Sec. 1)
16. Instructs the County Recorder or officer in charge of elections to designate and send a full-time employee to jails to facilitate voting. (Sec. 1)
17. Directs the County Recorder or officer in charge of elections to notify the three largest Arizona political parties and their chairmen of the election official's visit to the jail at least 60 calendar days before the visit. (Sec. 1)
18. Outlines the information and materials the County Recorder must provide the three largest Arizona political parties. (Sec. 1)
19. Allows the county chairperson of each political party and each state party to designate one person to accompany the elections official during the jail visit, provided the County Recorder is notified of the designee's names no later than 10 calendar days before the jail visit. (Sec. 1)
20. Asserts party designees are allowed the same access to the qualified electors as the elections official. (Sec. 1)
21. Stipulates that the County Recorder or officer in charge of elections is prohibited from rejecting any designee for any reason unless the designee has a felony conviction within the preceding 10 years. (Sec. 1)
22. Clarifies a person who is in pretrial election, but is not a qualified elector, must not be allowed to vote. (Sec. 1)
23. Allows a maximum of three dates for voting per election cycle to be provided for detainees in each facility. (Sec. 1)
24. States all required notifications must be provided by either certified or electronic mail. (Sec. 1)
25. Requires jail officials to assist detained electors in obtaining valid identification for voting. (Sec. 1)
Procedures for Voting
26. Requires the elector to provide valid identification to the elections official and the party designees prior to voting. (Sec. 1)
27. Instructs the elections official and political party designees to verify the voter is a duly qualified elector before providing them with a ballot. (Sec. 1)
28. Allows the elections official and political party designees to bring into the jail, any papers and equipment needed to satisfy themselves that the person is a qualified elector. (Sec. 1)
29. Prohibits federal only ballots from being provided to persons voting from jail. (Sec. 1)
30. States the elections official and the political party designees must have sufficient access to execute a specified declaration. (Sec. 1)
31. Outlines the specified information that must be included in the ballot affidavit and requires the voter to sign the affidavit. (Sec. 1)
32. Prohibits the elections official and political party designees from speaking to the detained person once the individual has been given a ballot and until the ballot is sealed and in the envelope. (Sec. 1)
33. Allows jail officials to speak to the detained person while they have a ballot, only to give commands unrelated to voting and only if necessary. (Sec. 1)
Transportation of Ballots
34. Directs the elections official to take the envelopes for all ballots received from detainees directly to the elections office and allows the political party designees to accompany the official. (Sec. 1)
35. Requires a ballot to be hand delivered, by a full-time employee of the County Recorder or officer in charge of elections, to the elections office of the appropriate county, if a voter resides outside of the county. (Sec. 1)
36. States the political party chairpersons must be provided notice at least 10 days in advance of any ballots being transported to the appropriate county elections office and allows for a designee to accompany the transporter. (Sec. 1)
37. Limits the County Recorder or officer in charge of elections to make only one delivery each election cycle to offices outside the county. (Sec. 1)
Chain of Custody
38. Instructs the elections official to make and maintain chain of custody documentation that is sufficient to account for every movement of every ballot by every person handling the ballot. (Sec. 1)
39. Requires the chain of custody documentation must begin at the time it leaves the office of the County Recorder or officer in charge of elections until received by the appropriate County Recorder or officer in charge of elections. (Sec. 1)
Miscellaneous
40. Defines jail. (Sec. 1)
41. Contains a non-severability clause. (Sec. 1)
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HB 2325
Initials JH/IG Page 0 House Engrossed
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