Bill Text: AZ HB2799 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced


Bill Title: Voter registration rolls; electioneering

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2021-02-11 - House read second time [HB2799 Detail]

Download: Arizona-2021-HB2799-Introduced.html

 

 

 

REFERENCE TITLE: voter registration rolls; electioneering

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

HB 2799

 

Introduced by

Representatives Barton: Blackman, Burges, Cook, Dunn, Fillmore, Griffin, Hoffman, Kaiser, Toma

 

 

AN ACT

 

amending sections 16-165 and 16-515, 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 16-165, Arizona Revised Statutes, is amended to read:

START_STATUTE16-165. Causes for cancellation

A. The county recorder shall cancel a registration:

1. At the request of the person registered.

2. When the county recorder knows of the death of the person registered.

3. If the person has been adjudicated an incapacitated person as defined in section 14-5101.

4. When the person registered has been convicted of a felony, and the judgment of conviction has not been reversed or set aside.  The county recorder shall cancel the registration on receipt of notice of a felony conviction from the court or from the secretary of state or when reported by the elector on a signed juror questionnaire that is completed pursuant to section 21-314.

5. On production of a certified copy of a judgment directing a cancellation to be made.

6. Promptly after the election if the person registered has applied for a ballot pursuant to section 16-126.

7. When a person has been on the inactive voter list and has not voted during the time periods prescribed in section 16-166, subsection C.

8. When the county recorder receives written information from the person registered that the person has a change of residence within the county and the person does not complete and return a new registration form within twenty-nine days after the county recorder mails notification of the need to complete and return a new registration form with current information.

9. When the county recorder receives written information from the person registered that the person has a change of address outside the county.

B. If the county recorder cancels a registration pursuant to subsection A, paragraph 8 of this section, the county recorder shall send the person notice that the registration has been cancelled and a registration form with the information described in section 16-131, subsection C attached to the form.

C. When proceedings in the superior court or the United States district court result in a person being declared incapable of taking care of himself and managing his property, and for whom a guardian of the person and estate is appointed, result in such person being committed as an insane person or result in a person being convicted of a felony, the clerk of the superior court in the county in which those proceedings occurred shall file with the secretary of state an official notice of that fact.  The secretary of state shall notify the appropriate county recorder and the recorder shall cancel the name of the person on the register.  Such notice shall name the person covered, shall give the person's date and place of birth if available, the person's social security number, if available, the person's usual place of residence, the person's address and the date of the notice, and shall be filed with the recorder of the county where the person last resided.

D. Each month the department of health services shall transmit to the secretary of state without charge a record of the death of every resident of the state reported to the department within the preceding month. This record shall include only the name of the decedent, the decedent's date of birth, the decedent's date of death, the decedent's social security number, if available, the decedent's usual legal residence at the time of death and, if available, the decedent's father's name or mother's maiden name. The secretary of state shall use the record for the sole purpose purposes of canceling the names of deceased persons from the statewide voter registration database and establishing a nonpublic database for use by county recorders and other election officers to cancel the names of deceased persons from county voter registration databases. In addition, the department of health services shall annually provide to the secretary of state from the statewide electronic death registration system without charge a record of all deaths of residents of this state that are reported to the department of health services. The records transmitted by the department of health services shall include only the name of the decedent, the decedent's date of birth, the decedent's social security number, if available, the decedent's usual legal residence at the time of death and, if available, the decedent's father's name or mother's maiden name. The secretary of state may compare the records of deaths with the statewide voter registration database, and county recorders may compare the records of deaths with the county voter registration database. Public access to the records is prohibited except that on written request, a legislative committee shall have access to the records to confirm the process of cancellation of deceased voters. Use of information from the records for purposes other than those required by this section is prohibited.  The name of each deceased person shall promptly be canceled from the statewide voter registration database and the secretary of state shall notify the appropriate county recorder and the recorder shall cancel the name of the person from the register.

Sec. 2. Section 16-515, Arizona Revised Statutes, is amended to read:

START_STATUTE16-515. "Seventy-five foot limit" notices; posting; violation; classification

A. Except as prescribed in this section and section 16-580, a person shall not be allowed to remain inside the seventy-five foot limit while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of that political party and the challengers allowed by law, and no electioneering may occur within the seventy-five foot limit. Voters having cast their ballots shall promptly move outside the seventy-five foot limit.

B. The board of supervisors shall furnish, with the ballots for each polling place, three notices, printed in letters not less than two inches high, with the heading: "Seventy-five foot limit" and underneath that heading the following:

No person shall be allowed to remain inside these limits while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of such political party, and the challengers allowed by law. Voters having cast their ballots shall at once retire without the seventy-five foot limit. A person violating any provision of this notice is guilty of a class 2 misdemeanor.

C. A minor voting in a simulated election at a polling place is subject to the same seventy-five foot limit restrictions prescribed for a voter. Persons supervising or working in a simulated election in which minors vote may remain within the seventy-five foot limit of the polling place.  The inspector for the polling place shall exercise authority over all election and simulated election related activities at the polling place.

D. For an election that is held by an Indian tribe and that is held at a polling place at the same time and on the same date as any other election, the following apply:

1. A person who is voting is subject to the same seventy-five foot limit restrictions prescribed for other voters.

2. An election official for the tribal election may remain within the seventy-five foot limit for the polling place.

E. With the permission of the voter, a minor may enter and remain within the seventy-five foot limit in order to accompany a voter into a polling place, an on-site early voting facility and a voting booth while the voter is voting.

F. Notwithstanding any other law, an election official, a representative of a political party who has been appointed by the county chairman of that political party or a challenger who is authorized by law to be within the seventy-five foot limit as prescribed by this section shall not wear, carry or display materials that identify or express support for or opposition to a candidate, a political party or organization, a ballot question or any other political issue and shall not electioneer within the seventy-five foot limit of a polling place.

G. Notwithstanding section 16-1018, a person may not take photographs or videos while within the seventy-five foot limit.

H. Any person violating this section is guilty of a class 2 misdemeanor.

I. For the purposes of this section, electioneering occurs when an individual knowingly, intentionally, by verbal expression and in order to induce or compel another person to vote in a particular manner or to refrain from voting verbally or by wearing, displaying or carrying an item expresses support for or opposition to a candidate who appears on the ballot in that election, a ballot question that appears on the ballot in that election or a political party with one or more candidates who appear on the ballot in that election. END_STATUTE

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