Arizona 2022 Regular Session

Arizona House Bill HB2380 Compare Versions

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

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1	1	REFERENCE TITLE: early ballots; delivery; penalties State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2380 Introduced by Representative Bolick AN ACT amending section 16-1005, Arizona Revised Statutes; relating to early ballots. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: early ballots; delivery; penalties
10	10	State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
11	11	HB 2380
12	12	Introduced by Representative Bolick
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14	14	REFERENCE TITLE: early ballots; delivery; penalties
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40	40	HB 2380
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44	44	Introduced by
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46	46	Representative Bolick
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52	52	AN ACT
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56	56	amending section 16-1005, Arizona Revised Statutes; relating to early ballots.
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62	62	(TEXT OF BILL BEGINS ON NEXT PAGE)
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66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 16-1005, Arizona Revised Statutes, is amended to read: START_STATUTE16-1005. Ballot abuse; violation; classification; definitions A. Any A person who knowingly marks a voted or unvoted ballot or ballot envelope with the intent to fix an election for that person's 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 allowed by law to transmit post is guilty of a class 5 felony. G. 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. H. A person who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 4 felony. An election official, a United States postal service worker or any other person who is allowed by law to transmit United States mail is deemed not to have collected an early ballot if the official, worker or other person is engaged in official duties. I. Subsection H of This section subsection does not apply to: 1. An election that is held by a special taxing district formed pursuant to title 48 for the purpose of protecting or providing services to agricultural lands or crops and that is authorized to conduct elections pursuant to title 48. 2. A family member, household member or caregiver of the voter. I. Any person may submit a complaint to the election integrity unit of the office of the attorney general regarding a possible violation of subsection H of this section. On RECEIPT of a complaint, including an ANONYMOUS complaint, the attorney general may investigate the matter, issue subpoenas, conduct other discovery as appropriate and make findings on the matter, including a determination on whether to file charges. The attorney general shall provide a report on its activities prescribed by this subsection by February 1 each year and submit the report to the president of the senate, the SPEAKER of the HOUSE of REPRESENTATIVES and the governor and shall provide a copy to the office of the SECRETARY of state. J. For the purposes of this paragraph section: (a) 1. "Caregiver" means a person who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home. (b) 2. "Collects" means to gain possession or control of an early ballot. (c) 3. "Family member" means a person who is related to the voter by blood, marriage, adoption or legal guardianship. (d) 4. "Household member" means a person who resides at the same residence as the voter. END_STATUTE
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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 16-1005, Arizona Revised Statutes, is amended to read:
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72	72	START_STATUTE16-1005. Ballot abuse; violation; classification; definitions
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74	74	A. Any A person who knowingly marks a voted or unvoted ballot or ballot envelope with the intent to fix an election for that person's own benefit or for that of another person is guilty of a class 5 felony.
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76	76	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.
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78	78	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.
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80	80	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.
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82	82	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.
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84	84	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 allowed by law to transmit post is guilty of a class 5 felony.
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86	86	G. 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.
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88	88	H. A person who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 4 felony. An election official, a United States postal service worker or any other person who is allowed by law to transmit United States mail is deemed not to have collected an early ballot if the official, worker or other person is engaged in official duties.
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90	90	I. Subsection H of This section subsection does not apply to:
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92	92	1. An election that is held by a special taxing district formed pursuant to title 48 for the purpose of protecting or providing services to agricultural lands or crops and that is authorized to conduct elections pursuant to title 48.
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94	94	2. A family member, household member or caregiver of the voter.
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96	96	I. Any person may submit a complaint to the election integrity unit of the office of the attorney general regarding a possible violation of subsection H of this section. On RECEIPT of a complaint, including an ANONYMOUS complaint, the attorney general may investigate the matter, issue subpoenas, conduct other discovery as appropriate and make findings on the matter, including a determination on whether to file charges. The attorney general shall provide a report on its activities prescribed by this subsection by February 1 each year and submit the report to the president of the senate, the SPEAKER of the HOUSE of REPRESENTATIVES and the governor and shall provide a copy to the office of the SECRETARY of state.
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98	98	J. For the purposes of this paragraph section:
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100	100	(a) 1. "Caregiver" means a person who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home.
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102	102	(b) 2. "Collects" means to gain possession or control of an early ballot.
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104	104	(c) 3. "Family member" means a person who is related to the voter by blood, marriage, adoption or legal guardianship.
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106	106	(d) 4. "Household member" means a person who resides at the same residence as the voter. END_STATUTE