Bill Text: AZ SB1595 | 2023 | Fifty-sixth Legislature 1st Regular | Introduced
Bill Title: Early ballots; identification; tabulation
Spectrum: Partisan Bill (Republican 6-0)
Status: (Vetoed) 2023-06-20 - Governor Vetoed [SB1595 Detail]
Download: Arizona-2023-SB1595-Introduced.html
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REFERENCE TITLE: early ballots; identification; tabulation |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1595 |
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Introduced by Senators Mesnard: Bennett, Carroll, Hoffman, Kavanagh, Rogers
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An Act
amending sections 16-548 and 16-579.02, Arizona Revised Statutes; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-548, Arizona Revised Statutes, is amended to read:
16-548. Preparation and transmission of ballot; difinition
A. The early voter shall make and sign the affidavit and shall then mark his the ballot in such a manner that his the early voter's 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 affidavit, delivered or they shall be:
1. Mailed to the county recorder or other officer in charge of elections of the political subdivision in which the elector voter is registered or deposited by the voter or the voter's 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 not later than 7:00 p.m. on election day.
2. Delivered to the county recorder or other officer in charge of elections of the political SUBDIVISION in which the voter is REGISTERED. In order to be counted and valid, the ballot must be received by the county recorder or other officer in charge of elections not later than 7:00 p.m. on the Friday preceding election day.
3. Deposited by the voter at any polling place in the county. Beginning after 7:00 p.m. on the Friday preceding election day, the early voter must present identification that complies with section 16-579, subsection A, paragraph 1 and sign the signature roster or electronic pollbook before depositing the ballot at the polling place.
4. Tabulated by use of the on-site tabulation procedure prescribed by section 16-579.02.
B. If a voter's agent delivers a voter's ballot to any polling place in the county, the voter's ballot will be counted and valid only if the voter presents identification that complies with section 16-579, subsection A, paragraph 1 to the county recorder or other officer in charge of elections not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election.
B. C. 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 eighteen years of age or older.
D. For the purposes of this section, "voter's agent" MEANS the voter's family member, household member or caregiver as defined in section 16-1005.
Sec. 2. Section 16-579.02, Arizona Revised Statutes, is amended to read:
16-579.02. Election day early ballot on-site tabulation procedure; fund
A. A qualified elector who appears at a voting center or at the elector's designated polling place that allows for the on-site tabulation of early ballots with the elector's voted early ballot shall present identification as prescribed in section 16-579, subsection A, paragraph 1 and proceed as follows:
1. If the elector does not present identification that complies with section 16-579, subsection A, paragraph 1, the elector shall either deposit the elector's voted early ballot in its affidavit envelope in an official drop box or proceed to the area designated for election day voting to surrender the early ballot to the election board for retention and not for tabulating. The elector shall then be allowed to vote a provisional ballot as prescribed in section 16-584. An election official may not allow for the on-site tabulation of an early ballot if the elector does not present identification that complies with section 16-579, subsection A, paragraph 1.
2. If the elector presents sufficient identification to comply with section 16-579, subsection A, paragraph 1, the elector shall present the elector's early ballot affidavit to the election official in charge of the signature roster, and the election official shall confirm that the name and address on the completed affidavit reasonably appear to be the same as the name and address on the precinct register.
3. If the elector's affidavit is not complete, the election official in charge of the signature roster shall allow the elector to complete the affidavit. The election official may not allow for the on-site tabulation of an early ballot until the elector presents a completed early ballot affidavit.
B. If the elector's affidavit is complete, the elector's name shall be numbered consecutively by the clerk and in the order of application for early ballot tabulation.
C. For precincts in which a paper signature roster is used, each qualified elector shall sign the elector's name in the signature roster as prescribed in section 16-579, subsection D before proceeding to the tabulating equipment.
D. For precincts in which an electronic pollbook is used, each qualified elector shall sign the elector's name as prescribed in section 16-579, subsection E before proceeding to the tabulating equipment.
E. After signing the signature roster or electronic pollbook, the elector shall proceed to the tabulating equipment and while under the observation of an election official, remove the early ballot from the completed affidavit envelope, deposit the empty completed affidavit envelope in the secured and labeled drop box container for that purpose and insert the early ballot into a tabulating machine. An early ballot that has been separated from the elector's completed affidavit envelope may not be removed from the on-site early ballot tabulation area.
F. The drop box secured container prescribed in subsection E of this section shall be clearly labeled to indicate that the completed affidavits are from ballots tabulated pursuant to this section and shall be secured in a manner substantially similar to other ballot boxes at that location.
G. Any qualified elector who lawfully brings to a polling place or voting center another elector's voted early ballot that is sealed in its affidavit envelope shall deposit the other elector's voted early ballot in the appropriate secured ballot drop box before entering the on-site early ballot tabulation area for purposes of tabulating the elector's own early ballot. The county recorder or other officer in charge of elections shall ensure that a voter is not in possession of another voter's ballot within the on-site early ballot tabulation area.
