Bill Text: AZ HB2049 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced


Bill Title: Federal office ballots; voter assistance

Spectrum: Partisan Bill (Republican 1-0)

Status: (N/A) 2019-01-10 - Prefile [HB2049 Detail]

Download: Arizona-2019-HB2049-Introduced.html

 

 

PREFILED    JAN 10 2019

REFERENCE TITLE: federal office ballots; voter assistance

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

HB 2049

 

Introduced by

Representative Fillmore

 

 

AN ACT

 

amending sections 16-579 and 16-580, 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 16-579, Arizona Revised Statutes, is amended to read:

START_STATUTE16-579.  Procedure for obtaining ballot by elector; violation; classification

A.  Every qualified elector, before receiving a ballot, shall announce the elector's name and place of residence in a clear, audible tone of voice to the election official in charge of the signature roster or present the elector's name and residence in writing.  The election official in charge of the signature roster shall comply with the following and the qualified elector shall be allowed within the voting area:

1.  The elector shall present any of the following:

(a)  A valid form of identification that bears the photograph, name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including an Arizona driver license, an Arizona nonoperating identification license, a tribal enrollment card or other form of tribal identification or a United States federal, state or local government issued identification.  Identification is deemed valid unless it can be determined on its face that it has expired.

(b)  Two different items that contain the name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including a utility bill, a bank or credit union statement that is dated within ninety days of the date of the election, a valid Arizona vehicle registration, an Arizona vehicle insurance card, an Indian census card, tribal enrollment card or other form of tribal identification, a property tax statement, a recorder's certificate, a voter registration card, a valid United States federal, state or local government issued identification or any mailing that is labeled as "official election material".  Identification is deemed valid unless it can be determined on its face that it has expired.

(c)  A valid form of identification that bears the photograph, name and address of the elector except that if the address on the identification does not reasonably appear to be the same as the address in the precinct register or the identification is a valid United States military identification card or a valid United States passport and does not bear an address, the identification must be accompanied by one of the items listed in subdivision (b) of this paragraph.

2.  If the elector does not present identification that complies with paragraph 1 of this subsection, the elector is only eligible to vote a provisional ballot as prescribed by section 16‑584 or a conditional provisional ballot as provided for in the secretary of state's instruction and procedures manual adopted pursuant to section 16‑452.

B.  Any qualified elector who is listed as having applied for an early ballot but who states that the elector has not voted and will not vote an early ballot for this election or surrenders the early ballot to the precinct inspector on election day shall be allowed to vote pursuant to the procedure set forth in section 16‑584.

C.  Each qualified elector's name shall be numbered consecutively by the clerks and in the order of applications for ballots.  The judge shall give the qualified elector only one ballot, and the elector's name shall be immediately checked on the precinct register.  A judge or other election official who gives a ballot containing all offices and ballot questions for that precinct to an elector who is only eligible to receive a ballot that contains only federal offices is guilty of a class 3 misdemeanor.

D.  For precincts in which a paper signature roster is used, each qualified elector shall sign the elector's name in the signature roster prior to before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with red ink, and no attestation or other proof shall be necessary.  The provisions of this subsection relating to signing the signature roster shall do not apply to electors casting a ballot using early voting procedures.

E.  For precincts in which an electronic poll book system is used, each qualified elector shall sign the elector's name as prescribed in the instructions and procedures manual adopted by the secretary of state pursuant to section 16‑452 before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with the inspector's or judge's attestation on the same signature line.

F.  A person offering to vote at a special district election for which no special district register has been supplied shall sign an affidavit stating the person's address and that the person resides within the district boundaries or proposed district boundaries and swearing that the person is a qualified elector and has not already voted at the election being held. END_STATUTE

Sec. 2.  Section 16-580, Arizona Revised Statutes, is amended to read:

START_STATUTE16-580.  Manner of voting; assistance for certain electors

A.  Except as prescribed by subsection E of this section, only one person per voting booth shall be permitted at any one time to sign for the receipt of a ballot and to wait for an opportunity to vote.

B.  On receiving a ballot the voter shall promptly and without leaving the voting area retire alone, except as provided in subsection E of this section, to one of the voting booths that is not occupied, prepare the ballot in secret and vote in the manner and substantial form as required by the instruction to voters.

C.  The voter shall deposit the ballot in the ballot box, or if the voter so requests, hand the ballot to the election board official and permit the election board official to deposit the ballot in the ballot box.

D.  After the ballot is deposited, the voter shall then proceed outside the voting area and shall not again enter the voting area unless the voter is an authorized election official or an official observer or is assisting another voter.

E.  Any registered voter, at the voter's option, may be accompanied by a minor who is permitted in the voting booth pursuant to section 16‑515, subsection E, be accompanied and assisted by a person of the voter's own choice if that person is a United States citizen or be assisted by two election officials, one from each major political party, during any process relating to voting or during the actual process of voting on a paper ballot, machine or electronic voting system.  A person who is a candidate for an office in that election other than the office of precinct committeeman is not eligible to assist any voter. END_STATUTE

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