Arizona 2022 Regular Session

Arizona House Bill HB2071 Compare Versions

Only one version of the bill is available at this time.

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1	1	PREFILED JAN 10 2022 REFERENCE TITLE: early ballots; postmark date; receipt State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2071 Introduced by Representative Cook AN ACT amending sections 16-547, 16-548 and 16-551, Arizona Revised Statutes; relating to early voting. (TEXT OF BILL BEGINS ON NEXT PAGE)
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7	7	PREFILED JAN 10 2022
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9	9	REFERENCE TITLE: early ballots; postmark date; receipt
10	10	State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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12	12	Introduced by Representative Cook
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14	14	REFERENCE TITLE: early ballots; postmark date; receipt
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40	40	HB 2071
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52	52	AN ACT
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56	56	amending sections 16-547, 16-548 and 16-551, Arizona Revised Statutes; relating to early voting.
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66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 16-547, Arizona Revised Statutes, is amended to read: START_STATUTE16-547. Ballot affidavit; form A. The early ballot shall be accompanied by an envelope bearing on the front the name, official title and post office address of the recorder or other officer in charge of elections and on the other side a printed affidavit in substantially the following form: I declare the following under penalty of perjury: I am a registered voter in ___________ county Arizona, I have not voted and will not vote in this election in any other county or state, I understand that knowingly voting more than once in any election is a class 5 felony and I voted the enclosed ballot and signed this affidavit personally unless noted below. If the voter was assisted by another person in marking the ballot, complete the following: I declare the following under penalty of perjury: At the registered voter's request I assisted the voter identified in this affidavit with marking the voter's ballot, I marked the ballot as directly instructed by the voter, I provided the assistance because the voter was physically unable to mark the ballot solely due to illness, injury or physical limitation and I understand that there is no power of attorney for voting and that the voter must be able to make the voter's selection even if they the voter cannot physically mark the ballot. Name of voter assistant: _____________________________ Address of voter assistant: __________________________ B. The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by the applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 52 United States Code section 20301). Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters. C. The officer charged by law with the duty of preparing ballots at any election shall ensure that the early ballot is sent in an envelope that states substantially the following: If the addressee does not reside at this address, mark the unopened envelope "return to sender" and deposit it in the United States mail. D. The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the affidavit, mark the ballot and return both in the enclosed self-addressed envelope that complies with section 16-545. The instructions shall include the following statement: In order to be valid and counted, the ballot and affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county no not later than 7:00 p.m. on election day. If the ballot and affidavit are mailed to the county recorder or other officer in charge of elections and postmarked on or before the sixth day before election day, the ballot is valid if received not later than five days after election day. The ballot will not be counted without the voter's signature on the envelope. (WARNING It is a felony to offer or receive any compensation for a ballot.) END_STATUTE Sec. 2. Section 16-548, Arizona Revised Statutes, is amended to read: START_STATUTE16-548. Preparation and transmission of ballot 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 mailed to the county recorder or other officer in charge of elections of the political subdivision in which the elector 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 comply with one of the following: 1. Be received by the county recorder or other officer in charge of elections or not later than 7:00 p.m. on election day. 2. Be deposited at any polling place in the county no not later than 7:00 p.m. on election day. 3. If postmarked not later than the sixth day before election day, be received by the county recorder or other officer in charge of elections not later than five days after election day. B. 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. END_STATUTE Sec. 3. 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. Mailed early ballots that are postmarked not later than the sixth day before election day and that are received not later than five days after election day are eligible to be processed. 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. In no event shall Partial or complete tallies of the early election board shall not 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. END_STATUTE Sec. 4. Effective date This act is effective from and after December 31, 2022.
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68	68	Be it enacted by the Legislature of the State of Arizona:
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70	70	Section 1. Section 16-547, Arizona Revised Statutes, is amended to read:
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72	72	START_STATUTE16-547. Ballot affidavit; form
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74	74	A. The early ballot shall be accompanied by an envelope bearing on the front the name, official title and post office address of the recorder or other officer in charge of elections and on the other side a printed affidavit in substantially the following form:
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76	76	I declare the following under penalty of perjury: I am a registered voter in ___________ county Arizona, I have not voted and will not vote in this election in any other county or state, I understand that knowingly voting more than once in any election is a class 5 felony and I voted the enclosed ballot and signed this affidavit personally unless noted below.
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78	78	If the voter was assisted by another person in marking the ballot, complete the following:
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80	80	I declare the following under penalty of perjury: At the registered voter's request I assisted the voter identified in this affidavit with marking the voter's ballot, I marked the ballot as directly instructed by the voter, I provided the assistance because the voter was physically unable to mark the ballot solely due to illness, injury or physical limitation and I understand that there is no power of attorney for voting and that the voter must be able to make the voter's selection even if they the voter cannot physically mark the ballot.
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82	82	Name of voter assistant: _____________________________
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84	84	Address of voter assistant: __________________________
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86	86	B. The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by the applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 52 United States Code section 20301). Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters.
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88	88	C. The officer charged by law with the duty of preparing ballots at any election shall ensure that the early ballot is sent in an envelope that states substantially the following:
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90	90	If the addressee does not reside at this address, mark the unopened envelope "return to sender" and deposit it in the United States mail.
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92	92	D. The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the affidavit, mark the ballot and return both in the enclosed self-addressed envelope that complies with section 16-545. The instructions shall include the following statement:
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94	94	In order to be valid and counted, the ballot and affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county no not later than 7:00 p.m. on election day. If the ballot and affidavit are mailed to the county recorder or other officer in charge of elections and postmarked on or before the sixth day before election day, the ballot is valid if received not later than five days after election day. The ballot will not be counted without the voter's signature on the envelope.
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96	96	(WARNING It is a felony to offer or receive any compensation for a ballot.) END_STATUTE
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98	98	Sec. 2. Section 16-548, Arizona Revised Statutes, is amended to read:
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100	100	START_STATUTE16-548. Preparation and transmission of ballot
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102	102	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 mailed to the county recorder or other officer in charge of elections of the political subdivision in which the elector 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 comply with one of the following:
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104	104	1. Be received by the county recorder or other officer in charge of elections or not later than 7:00 p.m. on election day.
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106	106	2. Be deposited at any polling place in the county no not later than 7:00 p.m. on election day.
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108	108	3. If postmarked not later than the sixth day before election day, be received by the county recorder or other officer in charge of elections not later than five days after election day.
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110	110	B. 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. END_STATUTE
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112	112	Sec. 3. Section 16-551, Arizona Revised Statutes, is amended to read:
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114	114	START_STATUTE16-551. Early election board; violation; classification
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116	116	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.
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118	118	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.
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120	120	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. Mailed early ballots that are postmarked not later than the sixth day before election day and that are received not later than five days after election day are eligible to be processed. 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. In no event shall Partial or complete tallies of the early election board shall not 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.
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122	122	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. END_STATUTE
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124	124	Sec. 4. Effective date
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126	126	This act is effective from and after December 31, 2022.