Bill Text: AZ SB1420 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced


Bill Title: Election boards; training; marshals; duties

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-30 - Senate read second time [SB1420 Detail]

Download: Arizona-2020-SB1420-Introduced.html

 

 

 

REFERENCE TITLE: election boards; training; marshals; duties

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SB 1420

 

Introduced by

Senator Farnsworth D

 

 

AN ACT

 

amending sections 16-531, 16-532 and 16-535, Arizona Revised Statutes; 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.  Section 16-531, Arizona Revised Statutes, is amended to read:

START_STATUTE16-531.  Appointment of election boards; qualifications

A.  When an election is ordered, and not less than twenty days before a general or primary election, the board of supervisors shall appoint for each election precinct one inspector, one marshal, two judges and as many clerks of election as deemed necessary.  The inspector, marshal, judges and clerks shall be qualified voters of the precinct for which appointed, unless there is not a sufficient number of persons available to provide the number of appointments required.  The inspector, marshal and judges shall not have changed their political party affiliation or their no party preference affiliation since the last preceding general election, and if they are members of the two political parties that cast the highest number of votes in the state at the last preceding general election, they shall be divided equally between these two parties.  There shall be an equal number of inspectors in the various precincts in the county who are members of the two largest political parties.  In each precinct where the inspector is a member of one of the two largest political parties, the marshal in that precinct shall be a member of the other of the two largest political parties.  Whenever possible, any person appointed as an inspector shall have had previous experience as an inspector, judge, marshal or clerk of elections.  If there is no qualified person in a given precinct, the appointment of an inspector may be made from names provided by the county party chairman.  If not less than ninety days before the election the chairman of the county committee of either of the parties designates qualified voters of the precinct, or of another precinct if there are not sufficient members of his that party available in the precinct to provide the necessary representation on the election board as judge, such designated qualified voters shall be appointed.  The judges, together with the inspector, shall constitute the board of elections.  Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk.

B.  If the election precinct consists of fewer than three hundred qualified electors, the board of supervisors may appoint not fewer than one inspector and two judges.  The board of supervisors shall give notice of election precincts consisting of fewer than three hundred qualified electors to the county chairmen of the two largest political parties not later than thirty days before the election.  The inspector and judges shall be appointed in the same manner by party as provided in subsection A of this section.

C.  If a nonpartisan election is ordered, not less than twenty days before the election the governing board holding the election shall appoint, without consideration for political party, a minimum of three four election workers for each polling place.  The election workers shall consist of at least one inspector, and two judges and one marshal. Whenever possible, they shall be qualified electors of the precinct located within the district, without consideration for political party.

D.  For election boards established pursuant to subsection B of this section, the inspector and two judges shall be appointed to provide as equal as practicable representation of members of the two largest political parties on the board in the same manner as provided for the election boards prescribed by subsection A of this section.  Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk.  No United States, state, county or precinct officer, nor a candidate for office at the election, other than a precinct committeeman or a candidate for the office of precinct committeeman, is qualified to act as judge, inspector, marshal or clerk.

E.  If an electronic voting system is in use, the write‑in ballots shall be tallied by a board of elections consisting of one inspector, and two judges and one marshal who are appointed in the same manner by party as provided in subsection A of this section.

F.  Notwithstanding any other law, the board of supervisors may appoint to an election board to serve as a clerk of election a person who is not eligible to vote if all of the following conditions are met:

1.  The person is a minor who will be at least sixteen years of age at the time of the election for which the person is named to the election board.

2.  The person is a citizen of the United States at the time of the election for which the person is named to the election board.

3.  The person is supervised by an adult who has been trained as an elections officer.

4.  The person has received training provided by the officer in charge of elections.

5.  The parent or guardian of the person has provided written permission for the person to serve.

G.  A school district or charter school shall not be required to reduce its average daily membership, as defined in section 15-901, for any pupil who is absent from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection F of this section.

H.  A school district or charter school shall not count any pupil's absence from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection F of this section against any mandatory attendance requirements for the pupil.

I.  Nothing in This section shall does not prevent the board of supervisors or governing body from refusing for cause to reappoint, or from removing for cause, an election board member. END_STATUTE

Sec. 2.  Section 16-532, Arizona Revised Statutes, is amended to read:

START_STATUTE16-532.  Instruction of election board; certificate of qualification; additional training; instruction of counting center election officials

A.  Not more than forty‑five days before to an election the board of supervisors or other authority in charge of elections shall conduct a class for the instruction of inspectors, and judges and marshals of the election board in their duties. , which The class shall include instruction in the voting system to be used and the election laws applicable to such the election.  Each election board member receiving instructions and properly qualified shall receive a certificate of qualification.  Only inspectors, and judges and marshals of the election board who have received the required instruction class shall serve at any election, except as provided pursuant to sections 16‑533 and 16‑534.  Other members of the election board may be trained at the same time.

B.  The instructor of election board members shall be qualified in election law and shall have had practical experience in the election process such the person is teaching.

C.  The election authority in charge of the instructional classes may conduct multiple sessions to ensure that election board members receive adequate instruction.

D.  The board of supervisors or other officer in charge of elections may approve an alternate method of instruction and testing for election board members.  Each election board member who successfully completes the instruction shall be certified as a premium board worker.  This instruction may include at least eight classroom hours of instruction and shall include a written examination on election law and election procedures.  Except as provided in subsection E of this section, a certified premium board worker shall not be required to receive additional instruction for at least thirty months from the date of that worker's individual certification.  The board of supervisors may approve additional compensation for certified premium board workers.

E.  The board of supervisors or other authority in charge of elections may shall require additional training at any time for any or all election board workers, including premium board workers.  The board of supervisors or other authority in charge of elections shall notify election board workers in writing of changes in the law regarding elections or changes in election procedures.  This notification shall be made immediately preceding the election in which the statutory change or procedural change regarding election law becomes effective.

F.  Not more than forty‑five days prior to before the day of an election, the board of supervisors or other authority in charge of elections shall conduct a class for the deputized counting center election officials in their duties. END_STATUTE

Sec. 3.  Section 16-535, Arizona Revised Statutes, is amended to read:

START_STATUTE16-535.  Election marshal; appointment; powers and duties

A.  The board of supervisors, at the time provided in section 16‑531, shall appoint a qualified voter of the precinct as election marshal.

B.  An election marshal shall be trained as prescribed in section 16-532 and shall receive additional training regarding election laws that is provided by the office of the attorney general.  An election marshal who receives the additional training from the office of the attorney general is eligible to be certified as a premium board worker.  Notwithstanding section 16-532, an election marshal who is a certified premium board worker shall receive additional instruction before each election at which the marshal is serving.

B.  C.  The election marshal shall preserve order at the polls and permit allow no violation of the election laws from the opening of the polls until the count of the ballots is completed.  The marshal shall document in writing any incidents at the polling place that may affect the integrity of the election.  These documents are public records that shall be made available on request to the county recorder or other officer in charge of elections.  The election marshal shall also periodically measure the length of waiting times at that polling place throughout the day, and if the waiting time is thirty minutes or more, the marshal shall inform the officer in charge of elections and shall request additional voting machines, voting booths and board workers, as appropriate.  The election marshal may perform the duties of any other election board member on a relief basis. END_STATUTE

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