Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1273
early ballot delivery; instruction requirements
Purpose
Requires the county board of supervisors (county BOS) and county recorder to include, in
the instructions prescribed by statute, information relating to ballot abuse including the
classification of felonies for acts with the intent to fix an election.
Background
Statute outlines terms relating to ballot abuse, including the classification of felonies for
acts with the intent to fix an election. A person who knowingly collects voted or unvoted early
ballots from another person, except for a family member, household member and caregiver, is
guilty of a class 6 felony (A.R.S. § 16-1005).
A county BOS must prepare instructions for the guidance of voters and election officers at
the election according to the election to be conducted. The instructions must govern the voters and
election officers as provided in the Secretary of State's Instructions and Procedures Manual,
commonly referred to as the Election Procedures Manual (EPM) (A.R.S. § 16-513).
A county recorder or other officer in charge of elections must supply printed instructions
to early voters that direct them to: 1) sign the affidavit; 2) mark the ballot; and 3) return the affidavit
and ballot in the enclosed self-addressed envelope. The instructions must outline that, in order to
be counted, the ballot and affidavit must: 1) be delivered to the office of the county recorder or
other officer in charge of elections no later than 7:00 p.m. on election day; and 2) include the
voter's signature on the envelope. The instructions must issue a warning outlining that it is a felony
to offer or receive compensation for a ballot (A.R.S. § 16-547).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a county recorder or other officer in charge of elections to include, in the early ballot
affidavit instructions, information relating to state government ballot abuse, including the
classification of felonies for acts with the intent to fix an election.
2. Requires the county BOS to include, in the voter guidance instructions, information relating to
state government ballot abuse, including the classification of felonies for acts with the intent
to fix an election.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2023
AN/CS/slp