Bill Text: AZ HB2194 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Permanent early voting list; notarization
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-29 - Referred to House JUD Committee [HB2194 Detail]
Download: Arizona-2014-HB2194-Introduced.html
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REFERENCE TITLE: permanent early voting list; notarization |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2194 |
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Introduced by Representative Seel
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AN ACT
amending section 16-542, Arizona Revised Statutes; amending section 16-544, Arizona Revised Statutes, as amended by Laws 2013, chapter 209, section 2; amending section 16-544, Arizona Revised Statutes, as amended by Laws 2011, chapter 332, section 12 and chapter 339, section 5; amending section 41-316, Arizona Revised Statutes; relating to early voting; providing for conditional enactment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-542, Arizona Revised Statutes, is amended to read:
16-542. Request for ballot; civil penalties; violation; classification
A. Within ninety-three days before any election called pursuant to the laws of this state, an elector may make a verbal or signed request to the county recorder, or other officer in charge of elections for the applicable political subdivision of this state in whose jurisdiction the elector is registered to vote, for an official early ballot. In addition to name and address, the requesting elector shall provide the date of birth and state or country of birth or other information that if compared to the voter registration information on file would confirm the identity of the elector. The written request shall include the notarized signature of the elector. If the request indicates that the elector needs a primary election ballot and a general election ballot, the county recorder or other officer in charge of elections shall honor the request. For any partisan primary election, if the elector is not registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16‑804, the elector shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the elector may receive and vote the ballot of only that one political party. The county recorder may establish on‑site early voting locations at the recorder's office, which shall be open and available for use beginning the same day that a county begins to send out the early ballots. The county recorder may also establish any other early voting locations in the county the recorder deems necessary.
B. Notwithstanding subsection A of this section, a request for an official early ballot from an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 42 United States Code section 1973ff-6) or a voter whose information is protected pursuant to section 16‑153 that is received by the county recorder or other officer in charge of elections more than ninety‑three days before the election is valid. If requested by the absent uniformed services or overseas voter, or a voter whose information is protected pursuant to section 16‑153, the county recorder or other officer in charge of elections shall provide to the requesting voter early ballot materials through the next regularly scheduled general election for federal office immediately following receipt of the request unless a different period of time, which does not exceed the next two regularly scheduled general elections for federal office, is designated by the voter.
C. The county recorder or other officer in charge of elections shall mail the early ballot and the envelope for its return postage prepaid to the address provided by the requesting elector within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to section 16‑545, except that early ballot distribution shall not begin more than twenty-six days before the election. If an early ballot request is received on or before the thirtieth day before the election, the early ballot shall be distributed on the twenty-sixth day before the election.
D. Only the elector may be in possession of that elector's unvoted early ballot. If a complete and correct request is made by the elector within twenty‑six days before the election, the mailing must be made within forty‑eight hours after receipt of the request. Saturdays, Sundays and other legal holidays are excluded from the computation of the forty‑eight hour period prescribed by this subsection. If a complete and correct request is made by an absent uniformed services voter or an overseas voter before the election, the regular early ballot shall be transmitted by mail, by fax or by other electronic format approved by the secretary of state within twenty‑four hours after the early ballots are delivered pursuant to section 16‑545, subsection B, excluding Sundays.
E. In order to be complete and correct and to receive an early ballot by mail, an elector's request that an early ballot be mailed to the elector's residence or temporary address must include all of the information prescribed by subsection A of this section and must be received by the county recorder or other officer in charge of elections no later than 5:00 p.m. on the eleventh day preceding the election. An elector who appears personally no later than 5:00 p.m. on the Friday preceding the election at an on‑site early voting location that is established by the county recorder or other officer in charge of elections shall be given a ballot and permitted to vote at the on‑site location. If an elector's request to receive an early ballot is not complete and correct but complies with all other requirements of this section, the county recorder or other officer in charge of elections shall attempt to notify the elector of the deficiency of the request.
F. Unless an elector specifies that the address to which an early ballot is to be sent is a temporary address, the recorder may use the information from an early ballot request form to update voter registration records.
G. The county recorder or other officer in charge of early balloting shall provide an alphabetized list of all voters in the precinct who have requested and have been sent an early ballot to the election board of the precinct in which the voter is registered not later than the day prior to before the election.
H. As a result of an emergency occurring between 5:00 p.m. on the second Friday preceding the election and 5:00 p.m. on the Monday preceding the election, qualified electors may request to vote early in the manner prescribed by the county recorder of their respective county. For the purposes of this subsection, "emergency" means any unforeseen circumstances that would prevent the elector from voting at the polls.
I. A candidate, political committee or other organization may distribute early ballot request forms to voters. If the early ballot request forms include a printed address for return, the addressee shall be the political subdivision that will conduct the election. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the request.
J. All original and completed early ballot request forms that are received by a candidate, or political committee or other organization shall be submitted within six business days after receipt by a candidate, or political committee or other organization or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political committee or other organization that fails to submit a completed early ballot request form within the prescribed time is subject to a civil penalty of up to twenty‑five dollars per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed early ballot request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.
Sec. 2. Section 16-544, Arizona Revised Statutes, as amended by Laws 2013, chapter 209, section 2, is amended to read:
16-544. Permanent early voting list; removal; civil penalty; violation; classification
A. Any voter may request to be included on a permanent list of voters to receive an early ballot for any election for which the county voter registration roll is used to prepare the election register. The county recorder of each county shall maintain the permanent early voting list as part of the voter registration roll.
B. In order to be included on the permanent early voting list, the voter shall make a written request specifically requesting that the voter's name be added to the permanent early voting list for all elections in which the applicant is eligible to vote. A permanent early voter request form shall conform to requirements prescribed in the instructions and procedures manual issued pursuant to section 16‑452 and shall require that the signature of the voter be notarized by a notary public. For any voter whose name was placed on the permanent early voting list before the effective date of this amendment to this section, the county recorder within four years after the effective date of this amendment to this section and after mailing notice to the voter shall remove the voter's name from the permanent early voting list if the voter does not submit a notarized renewal of the voter's request to be placed on the permanent early voting list. The application shall allow for the voter to provide the voter's name, residence address, mailing address in the voter's county of residence, date of birth and signature and shall state that the voter is attesting that the voter is a registered voter who is eligible to vote in the county of residence. The voter shall not list a mailing address that is outside of this state for the purpose of the permanent early voting list unless the voter is an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 42 United States Code section 1973ff‑6). In lieu of the application, the applicant may submit a written request that contains the required information.
C. On receipt of a request to be included on the permanent early voting list, the county recorder or other officer in charge of elections shall compare the signature on the request form with the voter's signature on the voter's registration form and, if the request is from the voter, shall mark the voter's registration file as a permanent early ballot request.
D. Not less than ninety days before any polling place election scheduled in March or August, the county recorder or other officer in charge of elections shall mail to all voters who are eligible for the election and who are included on the permanent early voting list an election notice by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification. If an election is not formally called by a jurisdiction by the one hundred twentieth day before the election, the recorder or other officer in charge of elections is not required to send the election notice. The notice shall include the dates of the elections that are the subject of the notice, the dates that the voter's ballot is expected to be mailed and the address where the ballot will be mailed. If the upcoming election is a partisan open primary election and the voter is not registered as a member of one of the political parties that is recognized for purposes of that primary, the notice shall include information on the procedure for the voter to designate a political party ballot. The notice shall be delivered with return postage prepaid and shall also include a means for the voter to do any of the following:
1. Change the mailing address for the voter's ballot to another location in the voter's county of residence.
2. Update the voter's residence address in the voter's county of residence.
3. Request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice.
E. If the notice that is mailed to the voter is returned undeliverable by the postal service, the county recorder or other officer in charge of elections shall take the necessary steps to contact the voter at the voter's new residence address in order to update that voter's address or to move the voter to inactive status as prescribed in section 16‑166, subsection A. If a voter is moved to inactive status, the voter shall be removed from the permanent early voting list. If the voter is removed from the permanent early voting list, the voter shall only be added to the permanent early voting list again if the voter submits a new request pursuant to this section.
F. Not later than the first day of early voting, the county recorder or other officer in charge of elections shall mail an early ballot to all eligible voters included on the permanent early voting list in the same manner prescribed in section 16‑542, subsection C. If the voter has not returned the notice or otherwise notified the election officer within forty‑five days before the election that the voter does not wish to receive an early ballot by mail for the election or elections indicated, the ballot shall automatically be scheduled for mailing.
G. If a voter who is on the permanent early voting list is not registered as a member of a recognized political party and fails to notify the county recorder of the voter's choice for political party ballot within forty-five days before a partisan open primary election, the following apply:
1. The voter shall not automatically be sent a ballot for that partisan open primary election only and the voter's name shall remain on the permanent early voting list for future elections.
2. To receive an early ballot for the primary election, the voter shall submit the voter's choice for political party ballot to the county recorder.
H. After a voter has requested to be included on the permanent early voting list, the voter shall be sent an early ballot by mail automatically for any election at which a voter at that residence address is eligible to vote until any of the following occurs:
1. The voter requests in writing to be removed from the permanent early voting list.
2. The voter's registration or eligibility for registration is moved to inactive status or canceled as otherwise provided by law.
3. The notice sent by the county recorder or other officer in charge of elections is returned undeliverable and the county recorder or officer in charge of elections is unable to contact the voter to determine the voter's continued desire to remain on the list.
I. A voter may make a written request at any time to be removed from the permanent early voting list. The request shall include the voter's name, residence address, date of birth and signature. On receipt of a completed request to remove a voter from the permanent early voting list, the county recorder or other officer in charge of elections shall remove the voter's name from the list as soon as practicable.
J. An absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 42 United States Code section 1973ff‑6) is eligible to be placed on the permanent early voting list pursuant to this section.
K. A voter's failure to vote an early ballot once received does not constitute grounds to remove the voter from the permanent early voting list.
L. Notwithstanding subsection K of this section, by December 1 of each even-numbered year, the county recorder or other officer in charge of elections may send a notice to each voter who is on the permanent early voting list and who did not vote an early ballot in both the primary election and the general election for the two most recent general elections for federal office, unless the voter had contacted the county recorder in the immediately preceding twenty-four months to reaffirm the voter's intent to remain on the permanent early voting list. The notice prescribed by this subsection does not apply to persons whose voter registration records are sealed as prescribed in section 16‑153. The notice shall inform the voter that if the voter wishes to remain on the permanent early voting list, the voter shall do both of the following with the notice received:
1. Confirm in writing the voter's desire to remain on the permanent early voting list.
2. Return the completed notice to the county officer in charge of elections within thirty days after receipt by the voter. The notice shall be signed by the voter and shall contain the voter's address and date of birth.
M. If a voter receives a notice as prescribed by subsection L of this section and the voter fails to respond within the thirty-day period, the county officer in charge of elections shall remove the voter's name from the permanent early voting list. This subsection does not apply to voters who failed to vote an early ballot and who modified their voter registration information during the period for early voting for either the immediately preceding primary or general election.
N. A candidate, a political committee or another organization may distribute permanent early voting list request forms to voters. Beginning January 1, 2015, permanent early voting list request forms that are distributed by a candidate, a political committee or another organization shall include the following statement:
Notice: By signing this form you are agreeing to receive an early ballot for every election in which you are eligible to vote. You are informing the recorder that you do not wish to vote at your assigned polling location for all elections. If you would like to vote at your assigned polling location, do not sign this form.
Permanent early voting list request forms that are submitted on or after January 1, 2015 without the statement prescribed by this subsection are valid for purposes of requiring that the voter be sent an early ballot for the immediately succeeding election, but that voter's name shall not be placed on the permanent early voting list. If the permanent early voting list request forms include a printed address for return, that address shall be the political subdivision that will conduct the election. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the permanent early voting list request.
O. All original and completed permanent early voting list request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate or political committee or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political committee or other organization that fails to submit a completed permanent early voting list request form within the prescribed time is subject to a civil penalty of up to twenty-five dollars per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed permanent early voting list request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.
Sec. 3. Section 16-544, Arizona Revised Statutes, as amended by Laws 2011, chapter 332, section 12 and chapter 339, section 5, is amended to read:
16-544. Permanent early voting list; civil penalty; violation; classification
A. Any voter may request to be included on a permanent list of voters to receive an early ballot for any election for which the county voter registration roll is used to prepare the election register. The county recorder of each county shall maintain the permanent early voting list as part of the voter registration roll.
B. In order to be included on the permanent early voting list, the voter shall make a written request specifically requesting that the voter's name be added to the permanent early voting list for all elections in which the applicant is eligible to vote. A permanent early voter request form shall conform to requirements prescribed in the instructions and procedures manual issued pursuant to section 16‑452 and shall require that the signature of the voter be notarized by a notary public. For any voter whose name was placed on the permanent early voting list before the effective date of this amendment to this section, the county recorder within four years after the effective date of this amendment to this section and after mailing notice to the voter shall remove the voter's name from the permanent early voting list if the voter does not submit a notarized renewal of the voter's request to be placed on the PERMANENT early voting list. The application shall allow for the voter to provide the voter's name, residence address, mailing address in the voter's county of residence, date of birth and signature and shall state that the voter is attesting that the voter is a registered voter who is eligible to vote in the county of residence. The voter shall not list a mailing address that is outside of this state for the purpose of the permanent early voting list unless the voter is an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 42 United States Code section 1973ff‑6). In lieu of the application, the applicant may submit a written request that contains the required information.
C. On receipt of a request to be included on the permanent early voting list, the county recorder or other officer in charge of elections shall compare the signature on the request form with the voter's signature on the voter's registration form and, if the request is from the voter, shall mark the voter's registration file as a permanent early ballot request.
D. Not less than ninety days before any polling place election scheduled in March or August, the county recorder or other officer in charge of elections shall mail to all voters who are eligible for the election and who are included on the permanent early voting list an election notice by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification. If an election is not formally called by a jurisdiction by the one hundred twentieth day before the election, the recorder or other officer in charge of elections is not required to send the election notice. The notice shall include the dates of the elections that are the subject of the notice, the dates that the voter's ballot is expected to be mailed and the address where the ballot will be mailed. If the upcoming election is a partisan open primary election and the voter is not registered as a member of one of the political parties that is recognized for purposes of that primary, the notice shall include information on the procedure for the voter to designate a political party ballot. The notice shall be delivered with return postage prepaid and shall also include a means for the voter to do any of the following:
1. Change the mailing address for the voter's ballot to another location in the voter's county of residence.
2. Update the voter's residence address in the voter's county of residence.
3. Request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice.
E. If the notice that is mailed to the voter is returned undeliverable by the postal service, the county recorder or other officer in charge of elections shall take the necessary steps to contact the voter at the voter's new residence address in order to update that voter's address or to move the voter to inactive status as prescribed in section 16‑166, subsection A. If a voter is moved to inactive status, the voter shall be removed from the permanent early voting list. If the voter is removed from the permanent early voting list, the voter shall only be added to the permanent early voting list again if the voter submits a new request pursuant to this section.
F. Not later than the first day of early voting, the county recorder or other officer in charge of elections shall mail an early ballot to all eligible voters included on the permanent early voting list in the same manner prescribed in section 16‑542, subsection C. If the voter has not returned the notice or otherwise notified the election officer within forty‑five days before the election that the voter does not wish to receive an early ballot by mail for the election or elections indicated, the ballot shall automatically be scheduled for mailing.
G. If a voter who is on the permanent early voting list is not registered as a member of a recognized political party and fails to notify the county recorder of the voter's choice for political party ballot within forty-five days before a partisan open primary election, the following apply:
1. The voter shall not automatically be sent a ballot for that partisan open primary election only and the voter's name shall remain on the permanent early voting list for future elections.
2. To receive an early ballot for the primary election, the voter shall submit the voter's choice for political party ballot to the county recorder.
H. After a voter has requested to be included on the permanent early voting list, the voter shall be sent an early ballot by mail automatically for any election at which a voter at that residence address is eligible to vote until any of the following occurs:
1. The voter requests in writing to be removed from the permanent early voting list.
2. The voter's registration or eligibility for registration is moved to inactive status or canceled as otherwise provided by law.
3. The notice sent by the county recorder or other officer in charge of elections is returned undeliverable and the county recorder or officer in charge of elections is unable to contact the voter to determine the voter's continued desire to remain on the list.
I. A voter may make a written request at any time to be removed from the permanent early voting list. The request shall include the voter's name, residence address, date of birth and signature. On receipt of a completed request to remove a voter from the permanent early voting list, the county recorder or other officer in charge of elections shall remove the voter's name from the list as soon as practicable.
J. An absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 42 United States Code section 1973ff‑6) is eligible to be placed on the permanent early voting list pursuant to this section.
K. A voter's failure to vote an early ballot once received does not constitute grounds to remove the voter from the permanent early voting list.
L. A candidate, political committee or other organization may distribute permanent early voting list request forms to voters. If the permanent early voting list request forms include a printed address for return, that address shall be the political subdivision that will conduct the election. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the permanent early voting list request.
M. All original and completed permanent early voting list request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate or political committee or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political committee or other organization that fails to submit a completed permanent early voting list request form within the prescribed time is subject to a civil penalty of up to twenty-five dollars per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed permanent early voting list request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.
Sec. 4. Section 41-316, Arizona Revised Statutes, is amended to read:
41-316. Fees; exceptions
A. The secretary of state shall establish fees that notaries public may charge for notarial acts. These fees shall be established by rules adopted pursuant to chapter 6 of this title except that a fee may not be charged for notarizing a voter's request for an early ballot as prescribed in section 16-542 or a request to be placed on the permanent early voting list as prescribed in section 16-544.
B. Notaries public may be paid an amount up to the amount authorized for mileage expenses and per diem subsistence for state employees as prescribed by title 38, chapter 4, article 2.
C. A notary shall not advertise or charge or receive a fee for performing a notarial act except as specifically authorized by rule.
Sec. 5. Conditional enactment
A. Section 16-544, Arizona Revised Statutes, as amended by Laws 2013, chapter 209, section 2 and section 2 of this act is effective only if Laws 2013, chapter 209, the subject of referendum petition R‑03‑2014, is approved by a vote of the people at the next general election or if Laws 2013, chapter 209, the subject of referendum petition R‑03‑2014, fails to be referred to the voters at the next general election.
B. Section 16-544, Arizona Revised Statutes, as amended by Laws 2011, chapter 332, section 12 and chapter 339, section 5 and section 3 of this act is effective only if Laws 2013, chapter 209, the subject of referendum petition R‑03‑2014, is rejected by a vote of the people at the next general election.
