Bill Text: AZ HB2568 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Election procedures; early voting
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-14 - House JUD Committee action: Held [HB2568 Detail]
Download: Arizona-2013-HB2568-Introduced.html
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REFERENCE TITLE: election procedures; early voting |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2568 |
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Introduced by Representative Dial
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AN ACT
amending sections 16-312, 16-322, 16-542 and 16-544, Arizona Revised Statutes; amending title 16, chapter 4, article 8, Arizona Revised Statutes, by adding section 16-544.01; amending sections 16-545, 16-547, 16-548, 16-590 and 16-645, Arizona Revised Statutes; relating to elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-312, Arizona Revised Statutes, is amended to read:
16-312. Filing of nomination papers for write‑in candidates
A. Any person desiring to become a write‑in candidate for an elective office in any election shall file a nomination paper, signed by the candidate, giving the person's actual residence address or description of place of residence and post office address, age, length of residence in the state and date of birth.
B. A write‑in candidate shall file the nomination paper not later than 5:00 p.m. on the fortieth day before the election, except that:
1. A candidate running as a write‑in candidate as provided in section 16‑343, subsection D shall file the nomination paper not later than 5:00 p.m. on the fifth day before the election.
2. A candidate running as a write-in candidate for an election that may be canceled pursuant to section 16‑410 shall file the nomination paper not later than 5:00 p.m. on the seventy-sixth day before the election.
C. The write‑in filing procedure shall be in the same manner as prescribed in section 16‑311. Any person who does not file a timely nomination paper shall not be counted in the tally of ballots. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided both of the following:
1. A political committee statement of organization or the five hundred dollar threshold exemption statement for that office.
2. The financial disclosure statement as prescribed for candidates for that office.
D. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a write-in candidate for state or local office if the person is liable for an aggregation of one thousand dollars or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.
E. The secretary of state shall notify the various boards of supervisors as to write‑in candidates filing with the secretary of state's office. The county school superintendent shall notify the appropriate board of supervisors as to write‑in candidates filing with the superintendent's office. The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such the statements. In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed. No other write‑ins shall be counted. The election board inspector shall post the notice of official write‑in candidates in a conspicuous location within the polling place.
F. Except as provided in section 16‑343, subsection E, a candidate may not file pursuant to this section if any of the following applies:
1. For a candidate in the general election, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.
2. For a candidate in the general election, the candidate filed a nomination petition for the immediately preceding primary election for the any office, sought other than the office of precinct committeeman, and failed to provide a sufficient number of valid petition signatures as prescribed by section 16‑322.
3. For a candidate in the primary election, the candidate filed a nomination petition for the current primary election for the any office sought, other than the office of precinct committeeman, and failed to provide a sufficient number of valid petition signatures as prescribed by section 16‑322.
4. For a candidate in the general election, the candidate filed a nomination petition for nomination other than by primary for the any office sought, other than the office of precinct committeeman, and failed to provide a sufficient number of valid petition signatures as prescribed by section 16‑341.
G. A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice‑presidential running mate, the names of presidential electors who will represent that candidate and a statement signed by the vice‑presidential running mate and designated presidential electors that indicates their consent to be designated. A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper. The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.
Sec. 2. Section 16-322, Arizona Revised Statutes, is amended to read:
16-322. Number of signatures required on nomination petitions
A. Nomination petitions shall be signed:
1. If for a candidate for the office of United States senator or for a state office, excepting members of the legislature and superior court judges, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half one‑sixth of one per cent of the voter registration of the party of the candidate in at least three counties in the state, but not less than one‑half and at least one‑sixth of one per cent, nor but not more than ten per cent of the total voter registration of the candidate's party in the state.
2. If for a candidate for the office of representative in Congress, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑third of one per cent but not more than ten per cent of the total voter registration of the party designated in the district from which such the representative shall be elected except that if for a candidate for a special election to fill a vacancy in the office of representative in congress, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one-half one‑sixth of one per cent but not more than ten per cent of the total voter registration of the party designated in the district from which such the representative shall be elected.
3. If for a candidate for the office of member of the legislature, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑third of one per cent but not more than three per cent of the total voter registration of the party designated in the district from which the member of the legislature may be elected.
4. If for a candidate for a county office or superior court judge, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least two two‑thirds of one per cent but not more than ten per cent of the total voter registration of the party designated in the county or district, provided that in counties with a population of two hundred thousand persons or more, a candidate for a county office shall have nomination petitions signed by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half one‑sixth of one per cent but not more than ten per cent of the total voter registration of the party designated in the county or district.
5. If for a candidate for a community college district, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least:
(a) Through June 30, 2012, one‑half of one per cent but not more than ten per cent of the total voter registration in the precinct as established pursuant to section 15‑1441.
(b) Beginning July 1, 2012, one-quarter of one per cent but not more than ten per cent of the total voter registration in the precinct as established pursuant to section 15-1441. Notwithstanding the total voter registration in the community college district, the maximum number of signatures required by this subdivision is one thousand.
6. If for a candidate for county precinct committeeman, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least two per cent but not more than ten per cent of the party voter registration in the precinct or ten signatures, whichever is less.
7. If for a candidate for justice of the peace or constable, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least two two-thirds of one per cent but not more than ten per cent of the party total voter registration in the precinct.
8. If for a candidate for mayor or other office nominated by a city at large, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five per cent and not more than ten per cent of the designated party vote in the city, except that a city that chooses to hold nonpartisan elections may by ordinance provide that the minimum number of signatures required for the candidate be one thousand signatures or five per cent of the vote in the city, whichever is less, but not more than ten per cent of the vote in the city.
9. If for an office nominated by ward, precinct or other district of a city, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five per cent and not more than ten per cent of the designated party vote in the ward, precinct or other district, except that a city that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be two hundred fifty signatures or five per cent of the vote in the district, whichever is less, but not more than ten per cent of the vote in the district.
10. If for a candidate for an office nominated by a town at large, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five per cent and not more than ten per cent of the vote in the town, except that a town that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be one thousand signatures or five per cent of the vote in the town, whichever is less, but not more than ten per cent of the vote in the town.
11. If for a candidate for a governing board of a school district, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent of the total voter registration in the school district if the governing board members are elected at large or one per cent of the total voter registration in the single member district if governing board members or joint technical education district board members are elected from single member districts. Notwithstanding the total voter registration in the school district or single member district, the maximum number of signatures required by this paragraph is four hundred.
12. If for a candidate for a governing body of a special district as described in title 48, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent of the vote in the special district but not more than two hundred fifty and not fewer than five signatures.
B. The basis of percentage in each instance referred to in subsection A of this section, except in cities, towns and school districts, shall be the number of voters registered in the designated party of the candidate as reported pursuant to section 16‑168, subsection G on March 1 of the year in which the general election is held. In cities, the basis of percentage shall be the vote of the party for mayor at the last preceding election at which a mayor was elected. In towns, the basis of percentage shall be the highest vote cast for an elected official of the town at the last preceding election at which an official of the town was elected. In school districts, the basis of percentage shall be the total number of voters registered in the school district or single member district, whichever applies. The total number of voters registered for school districts shall be calculated using the periodic reports prepared by the county recorder pursuant to section 16‑168, subsection G. The count that is reported on March 1 of the year in which the general election is held shall be the basis for the calculation of total voter registration for school districts.
C. In primary elections the signature requirement for party nominees, other than nominees of the parties entitled to continued representation pursuant to section 16‑804, is at least one‑tenth of one per cent of the total vote for the winning candidate or candidates for governor or presidential electors at the last general election within the district. Signatures must be obtained from qualified electors who are not registered with a political party or who are qualified to vote in that primary election for the candidate whose nomination petition they are signing.
D. If new boundaries for congressional districts, legislative districts, supervisorial districts, justice precincts or election precincts are established and effective subsequent to March 1 of the year of a general election and prior to the date for filing of nomination petitions, the basis for determining the required number of nomination petition signatures is the number of registered voters in the designated party of the candidate in the elective office, district or precinct on the day the new districts or precincts are effective.
Sec. 3. 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. 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 twenty-one 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 twenty-first 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 twenty-one 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 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. 4. Section 16-544, Arizona Revised Statutes, 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 the requirements prescribed in the instructions and procedures manual issued pursuant to section 16‑452 and shall not be combined with any other voter registration form. 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 voter who is on the permanent early voting list and who appears at a polling place to cast a regular or provisional ballot at that election shall be removed from the permanent early voting list. The secretary of state may adopt procedures for use by elections officials in educating or notifying persons who are on the permanent early voting list regarding the results of failure to vote an early ballot.
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. 5. Title 16, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 16-544.01, to read:
16-544.01. Removal from permanent early voting list; foreclosed homes; enforcement
The county recorder shall obtain a list of all residential properties that have been conveyed by a trustee's deed of sale in the preceding month, and shall remove from the permanent early voting list the names of any persons who are registered at those addresses on or before the date of the applicable trustee's deed. If the county recorder or other officer in charge of elections receives an early ballot request from a person who lists the foreclosed property as the person's voter registration address and who was removed from the permanent early voting list pursuant to this section, the recorder or officer shall send written notice to the person that requires the person to reaffirm the person's voter registration address by re‑registering to vote.
Sec. 6. Section 16-545, Arizona Revised Statutes, is amended to read:
16-545. Early ballot; hardship
A. The early ballot shall be one prepared for use in the precinct in which the applicant resides and, if a partisan primary election, of the political party with which the applicant is affiliated as shown by the affidavit of registration. The ballot shall be identical with the regular official ballots, except that it shall have printed or stamped on it "early".
B. The officer charged by law with the duty of preparing ballots at any election shall:
1. Prepare the official early ballot and deliver a sufficient number to the recorder or other officer in charge of elections not later than the thirty-third twenty‑eighth day before the election. Except as provided in section 16‑542, subsection D, regular early ballots shall not be distributed to the general public before the beginning of early voting.
2. Ensure that the ballot return envelopes are of a type that are is tamper evident when properly sealed.
3. For any voter who submits an affidavit of hardship to that officer, deliver an early ballot to the recorder or other officer in charge of elections for that hardship voter no earlier than thirty-five days before the election. A voter is eligible to submit an affidavit of hardship and receive a hardship early ballot if the voter swears in the affidavit that the voter will be absent from the state for the entirety of the three-week period before and including election day.
Sec. 7. Section 16-547, Arizona Revised Statutes, is amended to read:
16-547. Ballot affidavit; form
A. The early ballot shall be accompanied by an envelope bearing on the front the name, official title and post office address of the recorder or other officer in charge of elections and on the other side a printed affidavit in substantially the following form:
I declare the following under penalty of perjury: I am a registered voter in ___________ county Arizona, I have not voted and will not vote in this election in any other county or state, I understand that knowingly voting more than once in any election is a class 5 felony and I voted the enclosed ballot and signed this affidavit personally unless noted below.
If the voter was assisted by another person in marking the ballot or was assisted by a person collecting the ballot, complete the following:
I declare the following under penalty of perjury:
1. At the registered voter's request I assisted the voter identified in this affidavit with marking the voter's ballot, I marked the ballot as directly instructed by the voter, I provided the assistance because the voter was physically unable to mark the ballot solely due to illness, injury or physical limitation and I understand that there is no power of attorney for voting and that the voter must be able to make their the voter's selection even if they the voter cannot physically mark the ballot.
Name of voter assistant: _____________________________
Address of voter assistant: __________________________
2. With the registered voter's permission, I collected the voter's voted early ballot and will deliver the voted early ballot to the proper election official no later than five days after collection, or election day, whichever is earlier.
Name of ballot collector: ______________________________
Name of organization, if any: _________________________
Date of collection: __________________________________
B. The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by such the applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 42 United States Code section 1973ff). Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters.
C. The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the affidavit, mark the ballot and return both in the enclosed self‑addressed envelope that complies with section 16-545. The instructions shall include the following statement:
In order to be valid and counted, the ballot and affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county no later than 7:00 p.m. on election day.
WARNING‑It is a felony to offer or receive any compensation for a ballot.
Sec. 8. Section 16-548, Arizona Revised Statutes, is amended to read:
16-548. Preparation and transmission of ballot; ballot collector training; definition
A. The early voter shall make and sign the affidavit and shall then mark his the voter's ballot in such a manner that his the vote cannot be seen. The early voter shall fold the ballot, if a paper ballot, so as to conceal the vote and deposit the voted ballot in the envelope provided for that purpose, which shall be securely sealed. and, together with The voter shall mark and sign the affidavit on the envelope and the envelope shall be delivered or mailed to the county recorder or other officer in charge of elections of the political subdivision in which the elector is registered or deposited by the voter or the voter's lawful agent at any polling place in the county. In order to be counted and valid, the ballot must be received by the county recorder or other officer in charge of elections or deposited at any polling place in the county no later than 7:00 p.m. on election day.
B. If the early voter is an overseas citizen, a qualified elector absent from the United States or in the United States service, a spouse or dependent residing with the early voter or a qualified elector of a special district mail ballot election as provided in article 8.1 of this chapter, the early voter may subscribe to the affidavit before and obtain the signature and military identification number or passport number, if available, of any person who is a United States citizen and who is at least eighteen years of age or older.
C. The secretary of state and county election officers shall establish a standardized training program to be used to certify persons as lawful early ballot collectors. In addition to completing the training program and obtaining certification, Early ballot collectors shall comply with the following:
1. On collecting a voted early ballot, the collector shall complete the ballot collector portion of the ballot affidavit form, and shall provide the name of the person collecting the early ballot, the date of collection and the name of the organization, if any, with whom the early ballot collector is affiliated.
2. The person collecting the ballot shall provide a two-part receipt for the ballot that contains on both parts of the receipt the name of the collector, the name of the organization, if any, with which the collector is affiliated and the date of collection. The early ballot collector shall provide the voter with one part of the receipt and shall retain the second part of the receipt.
3. The person collecting the ballot shall deliver all voted early ballots to the county recorder or officer in charge of elections within five days after collection of the voted early ballot or on election day, whichever is earlier. If an early ballot collector fails to timely deliver voted early ballots, that early ballot collector shall be removed from the list of certified early ballot collectors. an early ballot collector who knowingly fails to timely deliver ten or more voted early ballots as prescribed by this subsection is guilty of a petty offense.
D. For the purposes of this section, "voter's lawful agent" means any of the following:
1. A person who shares the voter's residence.
2. A person who is a grandparent, aunt, uncle, parent or sibling of the voter or the adult child or spouse of any of them.
3. A person who resides within one hundred yards of the property line for the property that contains the voter's residence.
4. A person who is certified by the secretary of state or the county officer in charge of elections for that county to lawfully collect and deliver voted early ballots.
Sec. 9. Section 16-590, Arizona Revised Statutes, is amended to read:
16-590. Appointment of challengers and party representatives
A. The county chairman of each party may, for each precinct, by written appointment addressed to the election board, may designate a party agent or representative and alternates for a polling place in the precinct who may act as challengers for the party which that appointed him the county chairman. A signed, written appointment by the county chairman and presentation of identification to the election board is sufficient and an officer in charge of elections may not impose additional requirements on designation of political party representatives or challengers.
B. At each voting place, one challenger for each political party may be present and act, but no challenger may enter a voting booth except to mark his ballot.
C. Not more than the number of party representatives for each party which that were mutually agreed upon on by each political party represented on the ballot shall be in the polling place at one time. If such the agreement cannot be reached, the number of representatives shall be limited to one in the polling place at one time for each political party.
Sec. 10. Section 16-645, Arizona Revised Statutes, is amended to read:
16-645. Canvass and return of precinct vote; declaring nominee of party; certificate of nomination; write‑in candidates
A. When the board of supervisors, or the governing body of a city or town, has completed its canvass of precinct returns, the person having the largest number of votes, or if more than one candidate is necessary, those candidates to the required number who have received the largest number of votes for the nomination for an office in the political party of which he the person was set forth on the ballot as a candidate for the nomination, shall be declared the nominee of the party for that office and shall be given a certificate of nomination therefor by the board or governing body, which shall entitle him the person to have his the person's name placed upon on the official ballot at the ensuing election as the nominee of the party for the office. When canvassing write‑in votes the apparent intent of the voter shall be taken into consideration to the extent possible and the standard prescribed for federal write-in candidates in section 16‑543.02, subsection C applies.
B. The board of supervisors shall deliver the canvass to the secretary of state within ten days after the primary election, and the secretary of state shall on or before the second Monday following the primary election canvass the return and issue a letter declaring nomination as provided in this section to the nominees who filed nominating petitions and papers with the secretary of state pursuant to section 16‑311, subsection D. For any partisan primary election, the governing body or officer in charge of elections shall prepare and transmit to the secretary of state along with the official canvass the total by party of partisan ballots selected in that primary election by voters who registered as no party preference, as independents or as members of a political party that is not qualified for representation on the ballot.
C. A certificate of election shall not be issued to a write‑in candidate for precinct committeeman unless he the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16‑322 for nominating petitions for the same office.
D. Except as provided in subsection C of this section, a letter declaring nomination shall not be issued to a write‑in candidate of a party that has not qualified for continued representation on the official ballot pursuant to section 16‑804 unless he the candidate receives a plurality of the votes of the party for the office for which he the person is a candidate and the candidate receives at least the number of votes that is equal to the number of signatures that are required pursuant to section 16-322 for nominating petitions for that same office.
E. Except as provided by subsection C of this section, a letter declaring nomination shall not be issued to a write‑in candidate of a party qualified for continued representation on the official ballot unless he the candidate receives a number of votes equivalent to at least the same number of signatures required by section 16‑322 for nominating petitions for the same office.
F. A certificate of election shall not be issued to presidential electors who are pledged to a write‑in candidate for president unless that candidate received the highest number of votes cast for the office of president.
Sec. 11. County study of vote centers; board of supervisors vote
By December 31, 2013, the county recorder and county officer in charge of elections for each county shall study the feasibility of adopting consolidated voting centers for all county-administered elections and determine the costs of doing so, and shall forward that information to the county board of supervisors. By May 1, 2014, the county board of supervisors shall consider the information and shall vote on the question of whether to implement voting centers countywide for all county elections, unless the county has previously adopted a countywide voting center system.
