Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2238
ballot drop boxes; prohibition
Purpose
Prohibits a county recorder or other officer in charge of elections from using an
unmonitored drop-box for receipt of voted ballots and requires a county where it is not practicable
for election staff to be present at a drop-box to provide and maintain 24-hour video surveillance of
the drop-box. Prohibits a county recorder or other officer in charge of elections from allowing a
voter to receive a ballot and vote from a vehicle, unless otherwise required by law for elderly voters
or voters with disabilities.
Background
Counties or municipalities that establish drop-boxes must develop and implement security
procedures. Ballot drop-boxes must be located in a secure location approved by the county board
of supervisors (county BOS) and an unstaffed outdoor drop-box must be securely fastened in a
manner to prevent moving or tampering. An unstaffed indoor drop-box must be secured in a
manner that will prevent unauthorized removal. All drop-boxes must be clearly marked as an
official ballot drop-box and secured by a lock or sealable with a tamper-evident seal. Only an
election official or designated ballot retriever may have access to the keys to remove the deposited
ballots (E.P.M. Ch. 2 (1)(I)(1;3)).
Voting locations must comply with current Americans with Disability Act (ADA)
standards for accessible design. The officer in charge of elections must consult the ADA checklist
for polling places when confirming compliance (E.P.M. Ch. 5 (III)). If a county BOS determines
that a polling place is inaccessible to elderly persons or persons with disabilities, it must provide
for alternative voting (A.R.S. § 16-581). A qualified individual with a disability may not be
excluded from voting or discriminated in voting because of the disability (A.R.S. § 41-1421).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a county recorder or other officer in charge of elections from using an unmonitored
drop-box for receipt of voted ballots.
2. Allows a county recorder or other officer in charge of elections to use a ballot drop-box that is
located inside a:
a) polling place, voting center or other voting location at which election staff is present and
monitoring the ballot drop-box to ensure compliance with applicable laws; and
b) county recorder or other officer in charge of elections' office or other facility where election
staff is present and monitoring the ballot drop-box. FACT SHEET
H.B. 2238
Page 2
3. Requires a county, for any drop-box location where it is not practicable for election staff to be
present, to provide and maintain 24-hour video surveillance of the drop-box.
4. Requires a county to retain surveillance video recordings for four years.
5. Exempts, from the prohibition on unmonitored drop-boxes for receipt of voted ballots, post
office boxes, privately owned mailboxes or cluster box units that are intended for the receipt
and delivery of U.S. mail.
6. Prohibits a county recorder or other officer in charge of elections from providing for or
allowing a voter to receive a ballot and vote from a vehicle or other conveyance, unless
required for compliance with:
a) statutory requirements for polling places that are inaccessible to elderly persons or persons
with disabilities;
b) the statutory prohibition against discrimination in voting rights or public accommodations;
c) the ADA; or
d) federal law.
7. Becomes effective on the general effective date.
House Action
GE 1/26/22 DPA 7-6-0-0
3
rd
Read 3/3/22 31-27-2
Prepared by Senate Research
March 16, 2022
MH/HW/slp