Arizona 2022 2022 Regular Session

Arizona Senate Bill SCR1032 Comm Sub / Analysis

Filed 03/23/2022

                      	SCR 1032 
Initials SJ/DC 	Page 1 	Government & Elections 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
Senate: GOV DP 3-2-2-0 | 3
rd
 Read 16-12-2-0 
 
SCR 1032: plenary legislative authority; elections 
S/E: election law revisions 
Sponsor: Senator Townsend, LD 16 
Committee on Government & Elections 
 
Summary of the Strike-Everything Amendment to SCR 1032 
Overview 
Subject to voter approval, modifies the requirements for conducting elections. 
History 
The county recorder or other officer in charge of elections is charged with the comparison of 
signatures of electors when the early ballot and completed affidavit are received. The county 
recorder or other officer in charge of elections compares the signatures with the signature on the 
elector's registration form. If satisfied that the signatures correspond, the county recorder must 
hold the ballot unopened in accordance with the rules of the Secretary of State. Until delivered 
pursuant to statute, the county recorder is required to keep the early ballots and affidavits in office 
and the tallying of the ballots may begin immediately after the envelope and completed affidavit 
are processed and delivered to the early election board (A.R.S. ยง 16-550). 
Provisions 
1. Clarifies that early voting must conclude by the statutory timeline. (Sec. 1) 
2. Eliminates the provision that allows the county recorder or other officers in charge of elections 
to permit emergency balloting. (Sec. 1, 5) 
3. States that officers, employees or agents of the state or political subdivisions cannot use 
monies or state resources to either prepare or distribute communications relating to voter 
registration, procedures or deadlines if materials are not impartial in nature, as outlined. 
Specifies the exceptions as required by law. (Sec. 2) 
4. Prohibits the use of emergency voting centers. (Sec. 3) 
5. Stipulates that vote tabulating equipment cannot be connected to the internet, any wireless 
communication device or external network beginning 27 days before election day and ending 
on the date of the last official canvass. (Sec. 4) 
6. Permits an official early voting ballot to be requested by an elector no earlier than 93 days or 
no later than 4 days before an election.  (Sec. 5) 
7. Outlines the proper steps for the affidavit and early voting ballot, including being deposited at 
an on-site early voting location established by the county recorder or other officer in charge 
of elections no later than 7:00 p.m. the Friday before election day.  (Sec. 6, 7) 
8. Requires early ballot tallying to be complete by 11:00 p.m. election day, if feasible. (Sec. 8)    	SCR 1032 
Initials SJ/DC 	Page 2 	Government & Elections 
9. Changes the 7:00 p.m. deadline on election day to 9:00 p.m. the Friday before election day, 
for early voting ballots to be turned into the county recorder's office. (Sec. 9) 
10. Authorizes the appointed party representatives and alternates to observe the early ballot 
processing, verification and confirmation or correction of affidavit signatures as well as the 
tabulation, duplication and adjudication of ballots. (Sec. 10) 
11. Increases, from one to five, the number of authorized party representatives or alternates as 
observers for each political party when there is no agreement on numbers. (Sec. 10) 
12. Details the requirements that allow adequate observation of the ballot process and defines 
the term.  (Sec. 10) 
13. Outlines the requirements when a qualified elector returns a voted early ballot to the polling 
place.  (Sec. 11) 
14. Requires the officer in charge of elections to ensure that digital images are available for public 
viewing by posting the digital images to the website of the county recorder or other officer in 
charge of elections no later than two days after election day and stipulates retention 
requirements. (Sec. 12) 
15. Assesses a $10,000 civil penalty for each violation of election laws as outlined when an officer, 
employee or agent of the state or a political subdivision knowingly violates, aids or abets a 
person in violation of election laws and is ineligible to hold public office in Arizona or be 
employed with the state or its political subdivisions. (Sec. 13) 
16. States the resolutions for a candidate who qualified for the ballot where an aforementioned 
violation has allegedly occurred.  (Sec. 13) 
17. Authorizes, on approval of a certified claim, the Citizens Clean Elections Commission to direct 
the State Treasurer to reimburse monies to a state agency, department or commission for 
costs to implement and enforce election laws.  (Sec. 14) 
18. Deems an office as vacant upon a finding of liability for an office holder who knowingly violates 
election laws.  (Sec. 15) 
19. As Session law: (Sec. 16)  
a) Stipulates that if approved by voters, the state must defend against any subsequent 
lawsuits;   
b) Gives any Arizona resident the standing to intervene in any action of defend these 
provisions if the attorney general fails to defend or appeal an adverse judgment; 
c) Directs the court to award fees and expenses to any resident who prevails; and 
d) Defines fees and expenses.   
20. As Session law, contains a severability clause.  (Sec. 17) 
21. As Session law, requires the Secretary of State to submit the proposal to the voters at the 
next general election. (Sec. 17) 
22. Removes archaic language.  (Sec. 5, 6) 
23. Makes technical and conforming changes.  (Sec. 1, 5, 6, 7, 8, 9, 10, 14)