HB 2325
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: MOE DPA/SE 8-2-0-0
HB2325: mail ballot elections; technical correction
S/E: voting procedures; electors in detention
Sponsor: Representative Kolodin, LD 3
House Engrossed
Overview
Outlines the procedures in which a qualified elector in pretrial detention may vote.
History
The County Recorder or other officer in charge of elections is charged with appointing a
convenient number of special election boards to accommodate qualified electors who are ill or
disabled. A special election board consists of two members, one member from each of the two
largest political parties in Arizona (A.R.S. § 16-549).
A person is entitled to vote if the person is a citizen of the United States, 18 years of age or older
and has resided in the state for the appropriate period preceding an election as prescribed by law.
No person convicted of treason or a felony is qualified to vote, unless their civil rights have been
restored (Art. VII § 2, Const. of Ariz.).
Individuals held in pretrial detention or serving a sentence for a misdemeanor conviction remain
eligible to register and vote, provided there are no other deficiencies in eligibility. County
Recorders may coordinate with the county sheriff's office, jail or detention facilities, the county
public defender's office, and other appropriate stakeholders to develop and implement reasonable
procedures to facilitate the receipt and return of a ballot-by-mail by eligible voters held in jail or
detention facilities (Eligible Voters in Jail or Detention Facilities).
Provisions
General Provisions
1. Allows qualified electors who are in pretrial detention to make a signed request to the County
Recorder or officer in charge of elections to have a ballot delivered to the elector by a special
election board. (Sec. 1)
2. Outlines the information the elector must include in the written request. (Sec. 1)
3. Stipulates the written request must be made at least 180 calendar days before the election for
the request to be considered valid. (Sec. 1)
4. Requires a jail officer to deliver a copy of the signed written request to the County Recorder
or officer in charge of elections within five calendar days after receiving the request. (Sec. 1)
5. Specifies jail officials must take the steps necessary to facilitate safe compliance with this
law. (Sec. 1)
6. Requires the strict compliance with all aspects of this law. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2325
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7. Specifies that all ballots cast in violation of this law are invalid. (Sec. 1)
8. States any government employee or contractor who violates this law is guilty of a class 3
felony. (Sec. 1)
9. Clarifies that additional relief may be sought if this law is violated and allows any qualified
elector of this state to bring a special action to enforce strict compliance with this law. (Sec.
1)
10. Allows a federal detention facility to allow voting in strict compliance with this law and
stipulates that if the facility declines to do so, the individuals detained in the federal facility are
not permitted to vote. (Sec. 1)
Preparation for Voting
11. Directs the jail to designate a secured, private area for the express purpose of allowing
detained electors to vote. (Sec. 1)
12. Prohibits any cameras in the secured, private voting area, except that the elections official
and political party designees are allowed to bring with them their cellular phones. (Sec. 1)
13. Instructs the County Recorder or officer in charge of elections to designate and send a full-
time employee to jails to facilitate voting. (Sec. 1)
14. Directs the County Recorder or officer in charge of elections to notify the three largest Arizona
political parties and their chairmen of the election official's visit to the jail at least 60 calendar
days before the visit. (Sec. 1)
15. Outlines the information and materials the County Recorder must provide the three largest
Arizona political parties. (Sec. 1)
16. Allows the county chairperson of each political party and each state party to designate one
person to accompany the elections official during the jail visit, provided the County Recorder
is notified of the designee's names no later than 10 calendar days before the jail visit. (Sec.
1)
17. Asserts party designees are allowed the same access to the qualified electors as the elections
official. (Sec. 1)
18. Stipulates that the County Recorder or officer in charge of elections is prohibited from rejecting
any designee for any reason unless the designee has a felony conviction within the preceding
10 years. (Sec. 1)
19. Clarifies a person who is in pretrial election, but is not a qualified elector, must not be allowed
to vote. (Sec. 1)
20. Allows a maximum of three dates for voting per election cycle to be provided for detainees in
each facility. (Sec. 1)
21. States all required notifications must be provided by either certified or electronic mail. (Sec.
1)
Procedures for Voting
22. Requires the elector to provide valid identification to the elections official and the party
designees prior to voting. (Sec. 1)
23. Instructs the elections official and political party designees to verify the voter is a duly qualified
elector before providing them with a ballot. (Sec. 1)
24. Allows the elections official and political party designees to bring into the jail, any papers and
equipment needed to satisfy themselves that the person is a qualified elector. (Sec. 1) HB 2325
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25. Prohibits federal only ballots from being provided to persons voting from jail. (Sec. 1)
26. States the elections official and the political party designees must have sufficient access to
execute a specified declaration. (Sec. 1)
27. Outlines the specified information that must be included in the ballot affidavit and requires the
voter to sign the affidavit. (Sec. 1)
28. Prohibits the elections official and political party designees from speaking to the detained
person once the individual has been given a ballot and until the ballot is sealed and in the
envelope. (Sec. 1)
29. Allows jail officials to speak to the detained person while they have a ballot, only to give
commands unrelated to voting and only if necessary. (Sec. 1)
Transportation of Ballots
30. Directs the elections official to take the envelopes for all ballots received from detainees
directly to the elections office and allows the political party designees to accompany the
official. (Sec. 1)
31. Requires a ballot to be hand delivered, by a full-time employee of the County Recorder or
officer in charge of elections, to the elections office of the appropriate county, if a voter resides
outside of the county. (Sec. 1)
32. States the political party chairpersons must be provided notice at least 10 days in advance of
any ballots being transported to the appropriate county elections office and allows for a
designee to accompany the transporter. (Sec. 1)
33. Limits the County Recorder or officer in charge of elections to make only one delivery each
election cycle to offices outside the county. (Sec. 1)
Chain of Custody
34. Instructs the elections official to make and maintain chain of custody documentation that is
sufficient to account for every movement of every ballot by every person handling the ballot.
(Sec. 1)
35. Requires the chain of custody documentation must begin at the time it leaves the office of the
County Recorder or officer in charge of elections until received by the appropriate County
Recorder or officer in charge of elections. (Sec. 1)
Miscellaneous
36. Defines jail. (Sec. 1)
37. Contains a non-severability clause. (Sec. 1)