Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1095
early ballot envelope; notice
Purpose
Requires an early ballot envelope to include a prescribed statement relating to the return of
an early ballot by the Friday before the election.
Background
A county board of supervisors prepares early ballots, including ballots-by-mail, to be used
in federal, statewide, legislative and countywide elections (A.R.S. §§ 16-405 and 16-503). The
county recorder or other officer in charge of elections may begin distributing the early ballots 27
days before the election (A.R.S. § 16-542). The county recorder must receive and process early
ballot requests and provide early ballots and printed instructions to early voters directing the voters
to sign the affidavit, mark the ballot and return both in the enclosed envelope (A.R.S.
§ 16-544). An early ballot must be accompanied with a self-addressed return envelope that includes
a printed affidavit which declares, under penalty of perjury, that the voter: 1) is a registered voter
in a county in Arizona; 2) has not voted and will not vote in the same election in any other county
or state; 3) understands 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 noted that the voter was
assisted by another person in marking the ballot. For the ballot to be counted, the ballot and
affidavit must be delivered to the office of the county recorder or other officer in charge of
elections or deposited at any polling place in the county by 7:00 p.m. on election day (A.R.S.
§ 16-547).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the envelope accompanying an early ballot to state:
Failure to mail an early ballot or deposit an early ballot in a ballot drop box
by the Friday before the election will result in delayed election results.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 25, 2023
AN/CS/slp