ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: FMAE DPA 4-1-2-0 | 3rd Read: 39-19-2-0

Senate: JUDE DPA 4-3-0-0 | 3rd Read: 17-13-0-0

HB 2448: voting locations; emergency designation; electioneering

Sponsor: Representative Carbone, LD 25

Senate Engrossed

Overview

Establishes the option to designate a voting location as a non-electioneering voting location in specified circumstances.

History

Emergency Designations

The County Recorder or officer in charge of elections may grant an emergency designation to a polling place if an act of God renders a previously designated polling place unusable, or they have exhausted all options and there are no suitable facilities willing to serve as a polling place without an emergency designation. An emergency designation prohibits electioneering and other political activities outside the 75-foot limit (A.R.S. § 16-411). 

Electioneering & the 75-Foot Limit

A 75-foot limit must be measured from the main outside entrance of all voting locations and marked with three notices that meet specified requirements. Electioneering within the 75-foot limit is prohibited.  Electioneering occurs when a person knowingly and intentionally, by verbal expression to induce another person to vote in a particular manner, or to refrain from voting, expresses support for or opposition to a candidate, ballot question or political party. Violation of any prohibited activity within the 75-foot limit, including electioneering, is a class 2 misdemeanor (A.R.S. § 16-515).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes the option to designate a voting location as a non-electioneering voting location if the facility is not a government facility and either:

a)   an act of God renders a previously set location unavailable; or

b)   a location refuses to serve as a voting location unless it is given a non-electioneering designation. (Sec. 1)

2.   Requires all Government owned buildings and facilities to serve as polling places when requested to do so. (Sec. 1)

Senate Amendments

1.   Clarifies that only government owned buildings or facilities that are owned by a county, or municipality must serve as a voting location if requested to do so by the officer in charge of elections.

2.   Clarifies that the option to designate a voting location as a non-electioneering voting location applies only to facilities that are not owned by this state, a county or a municipality.

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6.                     HB 2448

7.   Initials JH           Page 0 Senate Engrossed

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