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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SENATE BILL 1340 |
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AN ACT
amending section 16-1005, Arizona Revised Statutes; relating to election offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-1005, Arizona Revised Statutes, is amended to read:
16-1005. Ballot abuse; violation; classification
A. Any person who knowingly marks a voted or unvoted ballot or ballot envelope with the intent to fix an election for his own benefit or for that of another person is guilty of a class 5 felony.
B. It is unlawful to offer or provide any consideration to acquire a voted or unvoted early ballot. A person who violates this subsection is guilty of a class 5 felony.
C. It is unlawful to receive or agree to receive any consideration in exchange for a voted or unvoted ballot. A person who violates this subsection is guilty of a class 5 felony.
D. It is unlawful to possess a voted or unvoted ballot with the intent to sell the voted or unvoted ballot of another person. A person who violates this subsection is guilty of a class 5 felony.
E. A person or entity that knowingly solicits the collection of voted or unvoted ballots by misrepresenting itself as an election official or as an official ballot repository or is found to be serving as a ballot drop off site, other than those established and staffed by election officials, is guilty of a class 5 felony.
F. A person who knowingly collects voted or unvoted ballots and who does not turn those ballots in to an election official, the United States postal service or any other entity permitted by law to transmit post is guilty of a class 5 felony.
G. Any person who delivers more than ten early ballots to an election official for tallying shall also provide to the election official a copy of the person's photo identification. If the person delivering the ballots does not provide a copy of the person's photo identification, the election official shall record the information from the person's photo identification and retain the information as a part of the records of the voting location as prescribed in procedures established by the secretary of state in the instructions and procedures manual adopted pursuant to section 16‑452. Within sixty days after the election, the officer in charge of that election shall submit to the secretary of state the photocopies or other electronic facsimiles or other information submitted by the persons delivering the early ballots. The secretary of state shall compile a statewide report on the submittals and shall make that information available to the public on the secretary of state's website. The secretary of state may make any referrals to the appropriate prosecuting agency for purposes of enforcing this chapter.
G. H. A person who engages or participates in a pattern of ballot fraud is guilty of a class 4 felony. For the purposes of this subsection, "pattern of ballot fraud" means the person has offered or provided any consideration to three or more persons to acquire the voted or unvoted ballot of a person.