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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
early ballots; deadlines; foreign money
Purpose
Subject to voter approval, statutorily prohibits the use of monies or in-kind goods or services donated by a foreign source for election administration purposes and prohibits a person, entity or committee from accepting or using monies or in-kind goods or services contributed by a foreign source to influence the outcome of a ballot measure. Requires early mail voters to confirm their address prior to receiving their early ballot regardless of whether the early mail voter is on the Active Early Voting List (AEVL).
Background
Any election called pursuant to Arizona law must provide for early voting, including accessible voting by U.S. mail for persons who are blind or have a visual impairment. Any qualified elector may vote by early ballot by making a request for a one-time early ballot as provided by statute or by requesting to be on AEVL which allows a voter to vote by early mail ballot until the voter fails to vote an early ballot for two consecutive election cycles (A.R.S. §§ 16-541 and 16-544).
Statute delegates the authority to establish emergency voting centers to the county board of supervisors (A.R.S. § 16-411). If a voter experiences an emergency between 7:00 p.m. on the Friday preceding the election and 5:00 p.m. on the Monday preceding the election, the voter may request to vote at an emergency voting center. The voter must present valid voter identification and sign a statement under penalty of perjury that the person is experiencing an emergency that would prevent the person from voting at the polls (A.R.S. § 16-542).
The Federal Election Campaign Act of 1971 (Act) prohibits a foreign national from directly or indirectly participating in the decision making process regarding a person's federal or nonfederal election related activities, including by way of: 1) a contribution or donation of money or other thing of value in connection with a federal, state or local election; 2) a contribution or donation to a committee of a political party; or 3) an expenditure, independent expenditure or disbursement for electioneering communication. In 2021, the Federal Elections Commission determined that spending specifically related to ballot initiatives is generally outside the purview of the Act because such spending is not in connection with elections as defined by the Act (52 U.S.C. 30121; FEC).
Statute
prohibits the state or a city, town, county, school district or other public
body that conducts or administers elections from receiving or expending private
monies for the purpose of preparing for, administering or conducting an
election, including to register voters (A.R.S.
§
16- 407.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Active Early Voting List
1. Requires early mail voters to confirm their address before receiving an early ballot by mail, regardless of whether the early mail voter is on AEVL, either:
a) each election cycle if the voter lives in a county with 500,000 persons or more, unless more frequently required by law; or
b) every four-year period that constitutes two consecutive election cycles, if the voter lives in a county with fewer than 500,000 persons.
2. Requires the county recorder to allow an early mail voter to confirm their address by way of mail notification, telephone call or through a county website portal.
3. Requires the county website portal to prompt an early mail voter to confirm or update their address each time they log in if the address has not yet been confirmed for that election cycle.
4. Outlines formatting requirements for the notification sent to early mail voters.
5. Stipulates that an address confirmation received after the last day to request an early ballot will be processed for the next upcoming election for which the early mail voter is eligible in the current election cycle.
6. Stipulates that in the event of a conflict between the provisions of this legislation and other applicable law, this legislation controls.
7. Defines early mail voter as voters on the active early voting list and voters who request a one time ballot by mail.
Voting Locations
8. Requires, notwithstanding existing law, that all buildings owned by a political subdivision are to be made available as voting locations if requested by the officer in charge of elections.
Prohibited Donations for Election Administration and Ballot Measures
10. Requires a person or vendor that provides services to a government entity for election administration to provide a certification (foreign donation certification) to the Secretary of State (SOS) that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the direct or indirect recipient of donations from a foreign source.
11. Specifies that the foreign donation certification requirements do not apply to a person or organization when providing common goods or a facility that serves as a voting location.
12. Requires the person to update the foreign donation certification annually.
13. Requires a person, if the person obtains information unknown at the time of initial certification, to update the initial certification within five business days to reflect the new information and to include a new statement that the person is not knowingly the direct or indirect recipient of foreign donations.
14. Requires the SOS to:
a) maintain records of submitted foreign donation certifications and to post the foreign donation certifications on the SOS's website;
b) require government entities to provide the SOS a quarterly report of all persons or vendors that provide services for election administration to the government entity; and
c) notify a government entity by email if the government entity fails to file a quarterly report as outlined, and to advise the government entity of possible enforcement actions.
15. Stipulates that a person's or vendor's failure to provide an accurate foreign donation certification:
a) invalidates any agreement between the person and a government entity; and
b) bars a state, county or local government entity from entering into or continuing any agreement with the person.
16. Classifies knowingly failing to provide an accurate initial or updated foreign donation certification to the SOS as a class 1 misdemeanor.
17. Allows the Attorney General to file an action regarding a person's knowing violation of the foreign donation prohibition or certification requirement.
18. Allows any qualified elector to initiate a civil action to enjoin a foreign donation violation or enforce any requirement relating to disclosure of foreign donations.
19. Requires the court to award a prevailing civil claimant:
a) injunctive relief sufficient to prevent the defendant from violations or engaging in, acts that aid or abet foreign donation violations;
b) damages in the amount of the contribution that should have been declared, except that this must not be construed to allow multiple claimants to recover on the same claim; and
c) costs and attorney fees.
20. Specifies that the remedies, duties, prohibitions and penalties associated with foreign donation violations are in addition to all other causes of action, remedies or penalties as provided by law.
21. Specifies that the express provision of a civil right of action is not intended to deny or disparage the availability of special action relief with respect to this legislation or any other law.
22. Prohibits a foreign government from giving, and a person, entity or committee from accepting or using, monies or in-kind goods or services contributed by a foreign government or a foreign nongovernmental source to influence the outcome of an election on a ballot measure.
23. Requires a person, entity or committee that is required to file campaign finance reports to certify in the reports, under penalty of perjury, that the person, entity or committee has not accepted or used prohibited foreign monies or in-kind goods or services.
24. Defines person as an individual or a candidate, nominee, committee, corporation, limited liability company, labor organization, partnership, trust, association, organization, joint venture, cooperative or unincorporated organization or association and excludes poll workers.
25. Defines common goods as items that are commonly used across a wide variety of organizations and that are not specific to the administration of elections.
26. Defines foreign nongovernmental source as any individual who is not a United States Citizen or national.
27. Specifies that a foreign government or foreign nongovernmental source does not include federally recognized sovereign tribal nations.
Miscellaneous
28. Contains a severability clause.
29. Cites this legislation as the Arizona Free and Fair Elections Act.
30. Makes technical and conforming changes.
31. Requires the SOS to submit the proposition to the voters at the next general election.
32. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by Committee of the Whole
1. Requires all buildings owned by a political subdivision to be made available as voting locations if requested by the officer in charge of elections.
2. Removes all provisions relating to the new Friday early ballot deadline and new early voting procedures.
3. Maintains new requirements for voters to confirm their address prior to receiving their early ballot regardless of whether the voter in on the AEVL.
4. Specifies that in the event of a conflict between this legislation and other applicable law, this legislation controls.
5. Defines early mail voter as voters on the AEVL and voters who request a one time ballot by mail.
6. Makes technical changes.
House Action Senate Action
FMAE 1/29/25 DPA 4-3-0-0 JUDE 3/5/25 DP 4-3-0
3rd Read 2/17/25 33-26-1
Prepared by Senate Research
June 19, 2025
ZD/ci