Bill Text: AZ SB1046 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed


Bill Title: Early voting list; mailing ballot

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-02-06 - Senate Committee of the Whole action: Do Pass Amended [SB1046 Detail]

Download: Arizona-2019-SB1046-Engrossed.html

 

 

Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

First Regular Session

2019

 

 

SENATE BILL 1046

 

 

 

AN ACT

 

amending sections 16-542, 16-551 and 16-579, Arizona Revised Statutes; relating to elections and electors.

 

 

(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:

START_STATUTE16-542.  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, which also shall include any nonpartisan offices and ballot questions, or the elector shall designate the ballot for nonpartisan offices and ballot questions only and the elector may receive and vote the ballot that contains only nonpartisan offices and ballot questions.  The county recorder or other officer in charge of elections shall process any request for an early ballot for a municipal election pursuant to this subsection.  The county recorder may establish on‑site early voting locations at the recorder's office, which shall be open and available for use by electors 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.  An elector who has received an early ballot by mail may return the elector's voted early ballot only by mail and may not deliver the voted early ballot to an on‑site or other early voting location or to a polling place on election day.

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; 52 United States Code section 20310) 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-seven days before the election.  If an early ballot request is received on or before the thirty‑first day before the election, the early ballot shall be distributed not earlier than the twenty-seventh day before the election and not later than the twenty-fourth 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‑seven 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 not 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.  An elector who has received an early ballot by mail may not return the voted early ballot to an on-site or other early voting location but may cast a standard ballot at that location after presenting identification as prescribed by section 16-579, subsection A.  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 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, political committee or other organization shall be submitted within six business days after receipt by a candidate, 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 $25 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.

K.  This section does not apply to:

1.  A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.

2.  A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter. END_STATUTE

Sec. 2.  Section 16-551, Arizona Revised Statutes, is amended to read:

START_STATUTE16-551.  Early election board; violation; classification

A.  The board of supervisors or the governing body of the political subdivision shall appoint one or more early election boards to serve at places to be designated by the board of supervisors or the governing body to canvass and tally early election ballots.  Members of early election boards shall be selected in accordance with the provisions for selecting members of regular election boards as provided in section 16‑531.

B.  If an electronic voting system is in use for early voting, the early election board shall consist of at least one inspector and two judges who shall perform the processing requirements in accordance with the rules issued by the secretary of state.  The inspector and judges shall be appointed in the same manner by party as provided in section 16‑531.

C.  All early ballots received by the county recorder or other officer in charge of elections before 7:00 p.m. on election day and the original affidavit of the voter shall be delivered to the early election boards for processing as provided in the rules of the secretary of state, except that early ballots received from persons who received early ballots by mail may be processed only if those ballots are returned by mail.  The office of the county recorder or other officer in charge of elections shall remain open until 7:00 p.m. on election day for the purpose of receiving early ballots but may not receive or deliver for processing early ballots from persons who received early ballots by mail except for early ballots that are returned by mail.  In no event shall partial or complete tallies of the early election board be released or divulged before all precincts have reported or one hour after the closing of the polls on election day, whichever occurs first, and any person who unlawfully releases information regarding vote tallies or who possesses a tally sheet or summary without authorization from the recorder or officer in charge of elections is guilty of a class 6 felony.

D.  The necessary printed blanks for poll lists, tally lists, lists of voters, ballots, oaths and returns, together with envelopes in which to enclose the returns, shall be furnished by the board of supervisors or the governing body of the political subdivision to the early election board for each election precinct at the expense of the county or the political subdivision.

E.  This section does not apply to:

1.  A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.

2.  A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter. END_STATUTE

Sec. 3.  Section 16-579, Arizona Revised Statutes, is amended to read:

START_STATUTE16-579.  Procedure for obtaining ballot by elector

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

1.  The elector shall present any of the following:

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

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

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

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

B.  Any qualified elector who is listed as having applied for an early ballot but who states that the elector has not voted and will not vote an early ballot for this election or surrenders the early ballot to the precinct inspector on election day shall be allowed to vote a standard ballot pursuant to the procedure set forth in section 16‑584 16-579, subsection A on election day at that elector's designated polling location and may not return a voted early ballot at any polling location or other voting location on election day.

C.  Each qualified elector's name shall be numbered consecutively by the clerks and in the order of applications for ballots.  The judge shall give the qualified elector only one ballot, and the elector's name shall be immediately checked on the precinct register.

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

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

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

G.  This section does not apply to:

1.  A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.

2.  A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter. END_STATUTE

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