Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1404
eligibility; early voting; list
Purpose
Restricts eligibility to vote an early ballot to only an elector that meets one of seven
specified criteria. Repeals the Active Early Voting List (AEVL) and the authorization for a county
recorder to establish on-site early voting locations.
Background
Any election called pursuant to Arizona law must provide for any qualified elector to vote
by early ballot (A.R.S. § 16-541). An elector may make a request to a county recorder or other
officer in charge of elections beginning 93 days before an election for an official early ballot. The
county recorder or other elections officer may begin distributing early ballots 27 days before the
election and must mail early ballots within 48 hours of a request, if the request is made within 22
days of the election. Additionally, any voter may request to be included on the AEVL to receive
an early ballot for any election for which the county voter registration roll is used to prepare the
election register (A.R.S. § 16-544). An early ballot must be accompanied by an envelope
containing a printed affidavit, which requires the voter to declare under penalty of perjury that the
voter: 1) is registered in the applicable county; 2) has not and will not vote in any other county or
state; 3) understands that knowingly voting more than once in any election is a class 5 felony; and
4) voted the enclosed ballot and signed the affidavit personally, unless the voter was assisted by
another person marking the ballot (A.R.S. § 16-547).
A county recorder may establish on-site early voting locations at the county recorder's
office, which must be open and available for use beginning the same day that the county begins to
mail out early ballots. A county recorder may also establish any other necessary early voting
locations in the county. An elector who personally appears at an early voting location by 5:00 p.m.
on the Friday preceding the election must be given a ballot after presenting valid identification
(A.R.S. § 16-542).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Restricts eligibility to vote an early ballot to only an elector:
a) who expects to be absent from the elector's precinct at the time of the election;
b) who is physically unable to go to the polls;
c) who is 65 years of age or older;
d) whose place of residence that is more than 15 road miles from the polling place for the
elector's precinct;
FACT SHEET
S.B. 1404
Page 2
e) who cannot attend the polls on election day because of the tenets of the elector's religion;
f) who has a visual impairment; or
g) who is an absent uniformed services voter or oversees voter as defined in the Uniformed
and Overseas Citizens Absentee Voting Act or a spouse or household member of the absent
uniformed services or overseas voter.
2. Repeals the AEVL and requirements relating to voters that requested to receive an early ballot
by mail for any election.
3. Repeals the authorization for a county recorder to establish on-site early voting locations.
4. Repeals the ability of an elector to vote in-person at an on-site early voting location.
5. Requires an elector requesting an early ballot to specify the applicable authorized reason for
which the elector is requesting to vote early.
6. Requires the early ballot affidavit form to include a statement that the voter meets one of the
eligible criteria for receiving an early ballot.
7. Repeals the authorization for a county board of supervisors to establish emergency voting
centers in a presidential preference election.
8. Requires all households containing a registered voter, rather than only households that have a
registered voter who is not on the AEVL, to be mailed a sample ballot before the primary and
general election.
9. Directs Legislative Council staff to prepare conforming legislation for consideration in the
56th Legislature, First Regular Session
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2022
MH/slp