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