Assigned to ELEC AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1170
ballot drop boxes; prohibition
Purpose
Prohibits a county recorder or other officer in charge of elections from using certain
unmonitored drop-boxes for receipt of voted ballots and allows the use of drop boxes monitored
by two or more election workers and equipped with video recording. Appropriates $1 million from
the state General Fund (state GF) in FY 2024 to the State Treasurer for disbursement to the counties
for the purposes of monitored drop-boxes. Prohibits a county recorder or other officer in charge of
elections from allowing a voter to receive a ballot and vote from a vehicle, unless otherwise
required by law for elderly voters or voters with disabilities.
Background
A county or municipality that establishes drop-boxes must develop and implement security
procedures. Ballot drop-boxes must be in a secure location approved by the county board of
supervisors (county BOS) and an unstaffed outdoor drop-box must be securely fastened in a
manner to prevent moving or tampering. An unstaffed indoor drop-box must be secured in a
manner that will prevent unauthorized removal. All drop-boxes must be clearly marked as an
official ballot drop-box and secured by a lock or sealable with a tamper-evident seal. Only an
election official or designated ballot retriever may have access to the keys to remove the deposited
ballots (E.P.M. Ch. 2 (1)(I)(1;3)).
Voting locations must comply with current Americans with Disability Act (ADA) standards
for accessible design. The officer in charge of elections must consult the ADA checklist for polling
places when confirming compliance (E.P.M. Ch. 5 (III)). If a county BOS determines that a polling
place is inaccessible to elderly persons or persons with disabilities, the county BOS must provide for
alternative voting (A.R.S. § 16-581). A qualified individual with a disability may not be excluded
from voting or discriminated in voting because of the disability (A.R.S. § 41-1421).
The federal American Rescue Plan Act was enacted on March 11, 2021, which included the
Fund Program. The Fund Program provides funds to counties, cities and towns for the response to
and recovery from the COVID-19 public health emergency. Program Fund monies may be spent:
1) to support the COVID-19 public health and economic response, including assistance to
households, small businesses and nonprofits; 2) to respond to workers performing essential work by
providing premium pay to eligible workers or by providing grants to employers with eligible
workers; 3) to pay for government services in an amount equal to the reduction in revenue relative
to revenues collected in the most recent full fiscal year prior to the COVID-19 public health
emergency; and 4) to make necessary investments in water, sewer or broadband infrastructure
(U.S. Treasury). FACT SHEET – Amended
S.B. 1170
Page 2
S.B. 1170 appropriates $1 million from the state GF in FY 2024 to the State Treasurer for
disbursement to the counties.
Provisions
1. Prohibits a county recorder or other officer in charge of elections from using an unmonitored
drop-box for receipt of voted ballots.
2. Exempts, from the unmonitored drop-box prohibition, a drop-box that is located inside a:
a) polling place, voting center or other location where election staff is present and monitoring
the ballot drop-box to ensure compliance with applicable laws; and
b) county recorder or other facility that is used by the county recorder or other officer in
charge of elections where election staff is present and monitoring the drop-box.
3. Allows a county recorder or other officer in charge of elections to use an outdoor ballot drop
box for the receipt of voted ballots if:
a) two or more election workers with equal representation of the two largest political parties
monitor the outdoor ballot drop box from 8:00 a.m. until 5:00 p.m.; and
b) the county recorder or other officer in charge of elections operates a video recording of the
ballot drop box that is monitored live by an election worker from 5:00 p.m. until 8:00 a.m.
4. Requires the video recording to be stored for at least 24 months and include:
a) night vision filters;
b) motion activated markers; and
c) a publicly available live feed.
5. Prohibits a county recorder or other officer in charge of elections from providing for or
allowing a voter to receive a ballot and vote from a vehicle or other conveyance, unless
required for compliance with:
a) statutory requirements for polling places that are inaccessible to elderly persons or persons
with disabilities;
b) the statutory prohibition against discrimination in voting rights or public accommodations;
c) the ADA; or
d) federal law.
6. Appropriates $1 million from the state GF in FY 2024 to the State Treasurer for disbursement
to counties for reimbursement of:
a) relocating ballot drop boxes from facilities at which video recording is prohibited;
b) providing for personnel to monitor the overnight video feed of ballot drop boxes; and
c) developing or acquiring appropriate infrastructure for video recording of ballot drop boxes
in rural areas.
7. Specifies that a county is not eligible for:
a) reimbursement of county costs until after the county has used all monies received from the
Coronavirus Local Fiscal Recovery Fund; or
b) reimbursement of any costs initially paid by use of a county's federal monies.
8. Requires the State Treasurer to disburse monies to the counties upon submittal of a verified
claim. FACT SHEET – Amended
S.B. 1170
Page 3
9. Exempts the appropriation from lapsing until June 30, 2025, at which time any amounts that
remain unexpended and unencumbered revert to the state GF.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Allows a county recorder or other officer in charge of elections to use an outdoor ballot drop
box for the receipt of voted ballots if:
a) two or more election workers with equal representation of the two largest political parties
monitor the outdoor ballot drop box from 8:00 a.m. until 5:00 p.m.; and
b) the county recorder or other officer in charge of elections operates a video recording of the
ballot drop box that is monitored live by an election worker from 5:00 p.m. until 8:00 a.m.
2. Requires the video recording to store the recording for at least 24 months and include:
a) night vision filters;
b) motion activated markers; and
c) a publicly available live feed.
3. Appropriates $1 million from the state GF in FY 2024 to the State Treasurer for disbursement
to counties for reimbursement of:
a) relocating ballot drop boxes from facilities at which video recording is prohibited;
b) providing for personnel to monitor the overnight video feed of ballot drop boxes; and
c) developing or acquiring appropriate infrastructure for video recording of ballot drop boxes
in rural areas.
4. Specifies that a county is not eligible for:
a) reimbursement of county costs until after the county has used all monies received from the
Coronavirus Local Fiscal Recovery Fund; or
b) reimbursement of any costs initially paid by use of a county's federal monies.
5. Requires the State Treasurer to disburse monies to the counties upon submittal of a verified
claim.
6. Exempts the appropriation from lapsing until June 30, 2025, at which time any amounts that
remain unexpended and unencumbered revert to the state GF.
Senate Action
ELEC 2/6/23 DP 5-3-0
Prepared by Senate Research
February 28, 2023
AN/slp