Bill Text: AZ HB2638 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Presidential preference election; independent voters
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-02-09 - Referred to House JUD Committee [HB2638 Detail]
Download: Arizona-2010-HB2638-Introduced.html
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REFERENCE TITLE: presidential preference election; independent voters |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2638 |
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Introduced by Representatives Fleming, Campbell CH, Heinz: Campbell CL, Patterson, Waters
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AN ACT
Amending sections 16-241, 16-244 and 16-246, Arizona Revised Statutes; relating to the presidential preference election.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-241, Arizona Revised Statutes, is amended to read:
16-241. Presidential preference election; conduct of election
A. A presidential preference election shall be held on the fourth Tuesday in February of each year in which the president of the United States is elected to give qualified electors the opportunity to express their preference for the a presidential candidate of the political party indicated as their preference by the record of their registration as prescribed in this article. No other election may appear on the same ballot as the presidential preference election.
B. Notwithstanding subsection A of this section, the governor may issue a proclamation that the presidential preference election is to be held on a date earlier than the fourth Tuesday in February. The proclamation shall be issued no later than one hundred fifty days before the date of the election as set forth in the proclamation. The governor shall transmit a copy of the election proclamation to the clerk clerks of the county boards of supervisors.
C. Except as otherwise provided in this article, the presidential preference election shall be conducted and canvassed in the same manner as prescribed in this title for the primary election held pursuant to section 16‑201. All provisions of other laws that govern elections and that are not in conflict with this article apply to a presidential preference election, including laws relating to registration and qualifications of electors.
D. Unless otherwise specifically prescribed by this article, the powers and duties conferred by law on boards of supervisors, officers in charge of elections, county recorders, precinct boards and central counting boards in connection with a primary election are conferred on those persons for purposes of a presidential preference election and shall be exercised by them for a presidential preference election.
E. Every act that is an offense pursuant to the election laws of this state is an offense for purposes of a presidential preference election, and a person is subject to the penalties prescribed by those laws.
F. For voting at a polling place, each party ballot shall be designated by the name of the party. For an elector who is registered as a member of a political party that is eligible for representation on the ballot, the judge of election shall give the elector one ballot only of the party with which the elector is affiliated as it appears in the precinct register. For an elector who is registered as independent, as no party preference or as a member of a political party that is not eligible for representation on the ballot, the elector shall designate the ballot of only one of the political parties that is eligible for representation on the ballot as prescribed by section 16-244 and that has not prohibited voting by voters who are not members of that political party, and the judge of election shall give the elector only that political party's ballot.
Sec. 2. Section 16-244, Arizona Revised Statutes, is amended to read:
16-244. Representation on ballot; notice of eligibility
A. To be eligible to participate in the presidential preference election, a political party shall be either of the following:
1. A political party that is entitled to continued representation on the state ballot pursuant to section 16‑804.
2. A new political party that has become eligible for recognition and that will be represented by an official party ballot pursuant to section 16‑801. A petition for recognition of a new political party shall be filed with the secretary of state not less than seventy‑five nor more than one hundred five days prior to the presidential preference election. A petition for recognition shall be submitted for signature verification to a county recorder no later than one hundred fifteen days prior to the presidential preference election. The county recorder shall verify and count all signatures of qualified electors within thirty days after submission. A political party that is eligible for the presidential preference election ballot shall be represented on the subsequent primary and general election ballots in the year of the presidential election.
B. Notwithstanding the provisions of section 16‑804, subsection A, the secretary of state shall determine the political parties entitled to continued representation on the state ballot pursuant to section 16‑804, subsection B if, on October 1 of the year immediately preceding the presidential preference election, that party has registered voters equal to at least two‑thirds of one per cent of the total number of registered voters in this state. Each county recorder shall furnish the secretary of state with the number of registered voters as prescribed by section 16‑168, subsection G, paragraph 2, subdivision (d).
C. A political party that is eligible for representation on the ballot may choose to allow only those voters who are registered members of that political party to vote in the presidential preference election of that political party by providing written notice to the secretary of state at least eighty-five days before the presidential preference election. The written notice shall be signed by the state chairman of the political party, and the secretary of state shall provide a copy of the notice to the county recorder or officer in charge of elections in each county. On proper receipt of notice pursuant to this subsection, persons who are not registered members of that political party shall not vote in the presidential preference election for that party.
Sec. 3. Section 16-246, Arizona Revised Statutes, is amended to read:
16-246. Early balloting; satellite locations; additional procedures
A. Within ninety‑three days before the presidential preference election and not later than 5:00 p.m. on the eleventh day preceding the election, any elector who is eligible to vote in the presidential preference election may make a verbal or signed, written request for an official early ballot to the county recorder or other officer in charge of elections for the county in which the elector is registered to vote. If the elector is registered as a member of a political party that is eligible for continued representation on the ballot, the elector may receive a ballot only of the party with which the elector is affiliated as it appears on the precinct register. For an elector who is registered as independent, as no party preference or as a member of a political party that is not eligible for representation on the ballot, the elector shall designate the ballot of only one of the political parties that is eligible for representation on the ballot and that does not prohibit voting by voters who are not members of that political party. If the request is verbal, the requesting elector shall provide the date of birth and birthplace or other information that if compared to the voter registration records for that elector would confirm the identity of the elector.
B. Absent uniformed services voters or overseas voters who are otherwise eligible to vote in the election may vote as prescribed by sections 16‑543, 16‑543.01 and 16‑543.02. The list of candidates that is sent as prescribed by section 16‑543.01 shall be a list of all candidates who have qualified for the presidential preference ballot by the forty‑sixth day before the presidential preference election.
C. The county recorder or other officer in charge of elections may establish on‑site early voting locations at the office of the county recorder or at other locations in the county deemed necessary or appropriate by the recorder. Early voting shall begin within the time limits prescribed in section 16‑542 unless otherwise prescribed by this section twenty-six days before the presidential preference election and shall end on the Friday before the presidential preference election.
D. The county recorder or other officer in charge of elections shall send by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification any early ballots that are requested pursuant to subsections A and B of this section and shall include a preaddressed envelope for the elector to return the completed ballot.
E. The county recorder or other officer in charge of elections shall provide to each election board an appropriate alphabetized list of voters who have requested and who have been sent an early ballot. Any person who is on that list of voters and who was sent an early ballot shall not vote at the polling place for that election precinct except as prescribed by section 16‑579, subsection B.
F. The county recorder or other officer in charge of elections may provide for any of the following in the same manner prescribed by law for other elections:
1. Special election boards.
2. Emergency balloting for persons who experience an emergency after 5:00 p.m. on the Friday preceding the presidential preference election and before 5:00 p.m. on the Monday immediately preceding the presidential preference election.
G. Sections 16‑550, 16‑551 and 16‑552 govern the use of early balloting for the presidential preference election.
