Arizona 2022 2022 Regular Session

Arizona House Bill HB2786 Comm Sub / Analysis

Filed 06/23/2022

                    Assigned to GOV 	AS PASSED BY COW 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
AMENDED 
FACT SHEET FOR H.B. 2786 
 
voter registrations; ballot requests; source 
Purpose 
Prohibits the use of a drop box for voted ballots in a county with a population of more than 
1,000,000 persons. Prohibits a county recorder or other officer in charge of elections, in a county 
with a population of 1,000,000 persons or fewer, from using an unmonitored drop box for the 
receipt of early ballots, with outlined exceptions. Removes the ability for a candidate, political 
committee or other organization to distribute early ballot request forms or Active Early Voter List 
(AEVL) request forms to voters. 
Background 
Counties or municipalities that establish ballot drop-off locations or drop-boxes must 
develop and implement procedures to ensure the security of the drop-off location or drop box. 
Additionally, the use of drop-off locations or drop-boxes must comply with specified security and 
chain of custody requirements outlined in the Elections Procedures Manual (EPM, Ch. 2 (I)). If a 
county board of supervisors (county BOS) determines that a polling place is inaccessible to elderly 
persons or persons with disabilities, the county BOS must provide for alternative voting according 
to procedures established by the Secretary of State pursuant to the Voting Accessibility For the 
Elderly and Handicapped Act (A.R.S. § 16-581). Alternative means of voting may only be used if 
no accessible sites are available and no temporary measures can make them available. (EPM, Ch. 
5 (IV)).  
A candidate, political committee or other organization may distribute early ballot request 
forms or AEVL request forms to voters. If a candidate, political committee or organization collects 
an early ballot request form or AEVL request form, the candidate, political committee or 
organization must return any completed request forms to the appropriate county recorder within 6 
business days of receipt or 11 days before the election, whichever is earlier (A.R.S. §§ 16-542 and 
16-544).  
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
Provisions 
1. Prohibits the use of a drop box for voted ballots in a county with a population of more than 1,000,000 
persons.  
2. Prohibits a county recorder or other officer in charge of elections, in a county with a population of 
1,000,000 persons or fewer, from using an unmonitored drop box for the receipt of voted ballots, unless 
a drop box is located inside:  FACT SHEET – Amended 
H.B. 2786 
Page 2 
 
 
a) a polling place, voting center or other location at which persons are voting and election staff is 
present and monitoring the drop box; or 
b) an office or other facility that is used by a county recorder or other officer in charge of elections 
and at which election staff is present and monitoring the drop box.  
3. Requires a county with a population of 1,000,000 persons or fewer to provide and maintain 24-hour 
video surveillance each day for a location where it is not practicable for election staff to be present.  
4. Requires video recordings of the surveillance to be retained by the county for four years.  
5. Exempts post office boxes, privately owned mailboxes or cluster mail units intended for the receipt and 
delivery of U.S. mail from the prohibition on and requirements related to ballot drop boxes.  
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. Removes the ability of a candidate, political committee or other organization to distribute an 
early ballot or AEVL request form to a voter.  
8. Allows only a political party, county recorder or election official to distribute early ballot 
request forms or AEVL request forms to voters. 
9. Prohibits a county recorder, for any signed and preprinted request to amend a voter's 
registration or request an early ballot on a form that is not on an official form printed by the 
county recorder or other officer in charge of elections, from using the signature of the voter on 
the request as the sole exemplar for subsequent comparison.  
10. Exempts an election held by a special taxing district formed for the purpose of protecting or 
providing services to agricultural lands or crops from statutory requirements and restrictions 
related to the distribution of early voting request forms or AEVL request forms and to return 
completed request forms within the statutory deadline. 
11. Makes technical and conforming changes.  
12. Becomes effective on the general effective date.  
Amendments Adopted by Committee 
• Exempts an election held by a special taxing district formed for the purpose of protecting or 
providing services to agricultural lands or crops from statutory requirements and restrictions 
related to the distribution of early voting request forms or AEVL request forms and to return 
completed request forms within the statutory deadline. 
   FACT SHEET – Amended 
H.B. 2786 
Page 3 
 
 
Amendments Adopted by Committee of the Whole 
1. Prohibits the use of a drop box for voted ballots in a county with a population of more than 
1,000,000 persons.  
2. Prohibits a county recorder or other officer in charge of elections, in a county with a population 
of 1,000,000 persons or fewer, from using an unmonitored drop box for the receipt of voted 
ballots, unless a drop box is located inside: 
a) a polling place, voting center or other location at which persons are voting and election 
staff is present and monitoring the drop box; or 
b) an office or other facility that is used by a county recorder or other officer in charge of 
elections and at which election staff is present and monitoring the drop box.  
3. Requires a county with a population of 1,000,000 persons or fewer to provide and maintain  
24-hour video surveillance each day for a location where it is not practicable for election staff 
to be present.  
4. Requires video recordings of the surveillance to be retained by the county for four years.  
5. Exempts post office boxes, privately owned mailboxes or cluster mail units 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. 
House Action 	Senate Action 
GE 2/16/22 DP 7-6-0-0  GOV 3/21/22 DPA 4-3-0 
3
rd
 Read 3/1/22  31-26-3 
Prepared by Senate Research 
June 22, 2022 
MH/MF/slp