Arizona 2023 2023 Regular Session

Arizona House Bill HB2101 Comm Sub / Analysis

Filed 02/14/2023

                      	HB 2101 
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ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
 
 
HB 2101: technical correction; presidential candidates; ballot 
S/E: elections; requirements; prohibitions; violations 
Sponsor: Representative Harris, LD 13 
Committee on Municipal Oversight & Elections 
 
Summary of the Strike-Everything Amendment to HB 2101 
Overview 
Outlines the minimum requirements for all primary and general elections. Defines prohibited 
election related activities and establishes civil penalties for specified offenses.  
History 
Early Voting 
The County Recorder or officer in charge of elections can begin mailing out early ballots 27 days 
before the election. An early election board can tabulate early ballots as soon as they are 
received.  In Arizona, mailed early ballots must be received by the County Recorder or officer in 
charge of elections no later than 5:00 pm 11 days before the election (A.R.S. § 16-542).  
A voter may also choose to vote early in person at an on-site early voting location established by 
the County Recorder. To vote early in person, an individual must present valid identification and 
must cast the ballot issued at that voting location (A.R.S. §§ 16-246, 16-542)  
Identification Requirements 
Prior to receiving a ballot at a polling place, an individual must present some form of acceptable 
identification. Valid identification includes federal, state and local government issued 
identification, such as an Arizona driver license or a United States Passport and is deemed valid 
unless expired.  If the address on the form of identification does not reasonably match the address 
in the precinct register, the identification must be accompanied by at least two different items that 
contain the name and address of the elector, such as a valid Arizona vehicle registration and a 
utility bill (A.R.S. § 16-579). 
Voting Locations 
A county Board of Supervisors may establish voting centers in addition to or in lieu of precinct-
based polling places.  Polling places are specifically designated locations within election precincts 
where voters who reside in that precinct must vote. Voting centers are locations within a county 
where individuals can vote regardless of the person's designated election precinct (A.R.S. § 16-
411) 
Provisions 
Primary and General Election Requirements 
1. Asserts a voter may not receive or vote a ballot unless the voter has presented valid state-
issued identification. (Sec. 2)    	HB 2101 
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2. Stipulates that all voting must occur on election day and all ballots must be cast in person at 
the voter's designated election precinct polling place unless the voter qualifies for an absentee 
ballot. (Sec. 2) 
3. Requires all ballots to be counted by hand and canvassed and the returns made within 24 
hours after the closing of the polls. (Sec. 2) 
4. Specifies the County Recorder is only responsible for providing an adequate number and type 
of ballots, pens, tables and other equipment as necessary for polling places and directs the 
county Board of Supervisors to perform or supervise all other election related duties. (Sec. 3) 
Prohibitions 
5. Prohibits the ranking of candidates in any manner, other than with a single vote for one 
candidate for each office to be filled. (Sec. 3) 
6. Prohibits the Board of Supervisors, County Recorder or officer in charge of elections from 
requiring a voter, board worker or any other person:  
a) Wear a facial mask at a polling place or other voting or tabulating location; or 
b) Be vaccinated against or tested for a virus as a condition of entering a polling place or 
other voting or tabulating location. (Sec. 5) 
Civil and Criminal Penalties 
7. Includes, in the classification of an authorized person who fails to return completed registration 
materials, a class 2 misdemeanor, a person or nongovernmental organization that receives 
blank voter registration forms from the Secretary of State, County Recorder or other 
authorized election official. (Sec. 1) 
8. Establishes a civil penalty of $50,000 for nongovernmental organizations that fail to timely 
return completed registration materials that are timely received from a registrant. (Sec. 1) 
9. Specifies a nongovernmental organization is subject to a civil penalty of $1,500 for each 
unlawfully altered voter registration form it returns, regardless of whether the form was 
unlawfully altered by an employee, contractor or volunteer of that organization. (Sec. 1) 
10. Increases, from a class 3 felony to a class 2 felony, the penalty for a person who knowingly 
substitutes or tampers with ballot tabulations or election results by electronic means. (Sec. 6) 
Miscellaneous  
11. Allows one representative of a political party that was appointed by the chairman of that 
political party to be allowed to remain within the seventy-five-foot limit for purposes of making 
challenges, regardless of whether that political party is represented on the ballot. (Sec. 4)  
12. Repeals language concerning the seventy-five-foot limit and its application to minors voting in 
simulated elections. (Sec. 4) 
13. Makes technical changes. (Sec. 4) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note