Assigned to ELEC                                                                                                                             AS VETOED

 


 

 

 

ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

 

VETOED

 

AMENDED

FACT SHEET FOR S.B. 1135

 

spoiled early ballots; election day

Purpose

            Allows an early ballot not delivered or mailed to the county recorder or other officer in charge of elections to be exchanged by the voter at a polling place or voting center by 7:00 p.m. on election day. Prohibits the state, a city, town, county or political subdivision from being a member of any multistate voter registration or voter registration list maintenance organization. Prescribes modifications to inactive voter lists, instructions on the head of a ballot and ballot requirements for certain active management areas.

Background

Ballots

An early voter must make and sign the affidavit and mark the ballot in a manner that the vote cannot be seen. The paper ballot must be deposited into the envelope provided and delivered or mailed to the county recorder or other officer in charge of elections or deposited by the voter or the voter's agent at any polling place in the county. In order to be counted and valid, the ballot must be received by the county recorder or other officer in charge of elections or deposited at a polling place in the county by 7:00 p.m. on election day (A.R.S. § 16-548).

If a ballot is spoiled at a polling place and a voter must obtain a new ballot, the inspector and one of the judges must write the words spoiled on the back of the ballot and return it to the county board of supervisors (county BOS) or the person from whom the ballot was originally received (A.R.S. § 16-585).

A county BOS, or the city or town clerk in municipal elections, must prepare and provide ballots containing the names of all persons who have filed certificates of nomination. (A.R.S.
§ 16-503
). Ballots must be printed in black ink on white paper that is sufficiently thick to prevent printing from being discernable on the back. Additionally, the head of the ballot must include the type and date of election, the name of the county and the name or number of the precinct. Statute prescribes instructions on the head of the ballot relating to how a voter must mark the ballot (A.R.S. § 16-502).

Voter Lists

The county recorder or other officer in charge of elections, by May 1 of each year preceding a state primary and general election or more frequently if the recorder deems necessary, may use the change of address information supplied by the postal service and the information provided by an electronic voter registration information center to identify registrants whose addresses may have changes. If it appears that a registrant has moved to a different address, the county recorder must send the registrant a notice of the change and instructions for the registrant to revise their voter registration information (A.R.S. § 16-166).

The county recorder or other officer in charge of elections must provide each election board with an alphabetized list of voters who have requested and been sent an early ballot. Any person on the list of voters that was sent an early ballot may not vote at a polling place unless the person surrenders the early ballot to the precinct inspector on election day (A.R.S. § 16-246). By election day, the county recorder must provide each precinct with the names of electors on the inactive voter list. If a person who appears at a polling place is not on the precinct register, an election official must determine whether the person is on the inactive voter list. If the person is on the inactive voter list and continues to reside at the address indicated on the inactive voter list, then the person may vote at the polling place. If the person resides at a new address that is different than indicated, the person must vote at the polling place for the new address (A.R.S. § 16-583).

Active Management Areas

A registered voter of a county whose residency in a groundwater basin is in question must place the voter's ballot in a separate envelope that contains: 1) the precinct name and number;
2) the voter's signature; 3) the address of the voter; and 4) the voter's registration number, if available. The county recorder must verify the voter's residency before counting the ballot within five business days after the election. Verified ballots are subject to the prescribed procedures relating to early ballot counting. If a voter's residence cannot be counted, the ballot must remain unopened and must be destroyed (A.R.S. § 45-415).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

Early Ballots

1.   Allows an early ballot that is not delivered or mailed to the county recorder or other officer in charge of elections to be exchanged by the voter for a regular ballot at the voter's polling place or voting center by 7:00 p.m. on election day.

2.   Includes early ballots that are spoiled and exchanged for a regular ballot in the requirement that the county recorder or officer in charge of elections count the number of early ballots and post the totals on its website.

3.   Requires the early voter ballot affidavit to include instruction relating to the deposit of an early ballot or the exchange of an early ballot for a regular ballot on election day.

4.   Requires, after the canvass of an election, the county recorder to deposit all rejected provisional and early ballots in a secure facility that is managed by the county treasurer as prescribed by statute.

Voter Lists

5.   Allows the county recorder to identify registrants whose addresses may have changed from the information provided by a contracted third party, rather than an electronic voter registration information center.

6.   Prohibits the state, a city, town, county or political subdivision from:

a)   being a member of any multistate voter registration or voter registration list maintenance organization that requires the state to provide to organization with information derived from voter registration records that is otherwise required to be confidential; or

b)   joining or entering into any agreement with any organization that imposes any duty on the state, including mailing voter registration forms to persons who are not registered to vote, or on any city, town, county or political subdivision that is not required by statute.

7.   Specifies that information derived from voter registration records includes the source of registration or declination to register, full or partial social security numbers or any records from the Arizona Department of Transportation.

8.   Removes the requirement that the county recorder or other officer in charge of elections must provide each election board with a list of voters who have requested and been sent an early ballot by the day before the election.

9.   Removes the prohibition on a person who is on the list of early ballot voters from voting at a polling place.

10.  Specifies that the county recorder must provide the names of inactive electors to each election board, rather than each precinct.

11.  Removes the requirement that the name of an elector who appears on the inactive voter list and votes must be entered on a separate signature roster page at the end of the signature roster.

Miscellaneous

12.  Prescribes modifications to the instructions on the head of a ballot.

13.  Removes the prescribed requirements relating to ballot procedures for a registered voter in certain active management areas and subjects the voter to the requirements for ballots as outlined by statute.

14.  Authorizes the use of an electronic pollbook in place of paper signature rosters.

15.  Makes technical and conforming changes.

16.  Becomes effective on the general effective date.

Amendments Adopted by Committee

· Removes the requirement that a voter who brings the voter's early ballot to a polling or other voting location on election day must be removed from the Active Early Voter List.

Amendments Adopted by Committee of the Whole

1.   Allows, rather than requires, an early ballot to be exchanged by the voter for a regular ballot.

2.   Modifies the early voter ballot affidavit to include instructions relating to the deposit of early ballots.

3.   Removes the requirement that every county recorder or other officer in charge of elections provide for a qualified elector to have the elector's voted early ballot tabulated on-site.

4.   Allows the county recorder to identify registrants whose addresses may have changed from the information provided by a contracted third party, rather than an electronic voter registration information center.

5.   Prohibits the state, a city, town, county or political subdivision from:

a)   being a member of any multistate voter registration or voter registration list maintenance organization; or

b)   joining or entering into any agreement with any organization that imposes any duty on the state, or on any city, town, county or political subdivision.

6.   Specifies the criteria of information derived from voter registration records.

7.   Requires, after the canvass of an election, the county recorder to deposit all rejected provisional and early ballots in a secure facility that is managed by the county treasurer as prescribed by statute.

8.   Removes the requirement that the county recorder or other officer in charge of elections must provide each election board with a list of voters who have requested and been sent an early ballot by the day before the election.

9.   Removes the requirement that a voter who fails to provide identification spoil the elector's early ballot and surrender the early ballot to the election board for retention and not tabulating.

10.  Removes the prohibition on a person who is on the list of early ballot voters from voting at a polling place.

11.  Specifies that the county recorder must provide the names of inactive electors to each election board.

12.  Removes the requirement that the name of an elector who appears on the inactive voter list and votes must be entered on a separate signature roster page at the end of the signature roster.

13.  Prescribes modifications to the instructions on the head of the ballot.

14.  Authorizes the use of an electronic pollbook in place of paper signature rosters.

15.  Removes the prescribed requirements relating to ballot procedures for a registered voter in a certain active management area and subjects the voter to the requirements for ballots as outlined by statute.

16.  Reinserts the authority of the county BOS to establish and use emergency voting centers.

17.  Makes technical and conforming changes.

Governor's Veto Message

The Governor indicates in her veto message that S.B. 1135 would prohibit Arizona from remaining a part of the Electronic Registration Information Center, which is an essential tool in ensuring accurate voter registration rolls in Arizona and across the country.

Senate Action                                                          House Action

ELEC              1/30/23      DPA          5-3-0             MOE               3/29/23      DP       6-4-0-0

3rd Read          3/21/23                        16-13-1         3rd Read          5/15/23                  31-27-1-0-1

Vetoed by the Governor on 5/26/23

Prepared by Senate Research

May 30, 2023

AN/slp