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)