Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1389
ballots; pollbooks; instructions; tabulating; storage
Purpose
Modifies the procedures relating to ballot removal, including allowing a sworn official
election messenger to deliver early ballots to a designated receiving site. Removes the
requirements that a county recorder must provide lists of voters who request early ballots and
inactive voters and authorizes the use of electronic pollbooks.
Background
Ballot Custody
Upon opening the polls, the inspector at a polling place must produce a sealed package of
official ballots and publicly open the ballots and deliver one book or block to the judges. The other
books or blocks of ballots must remain with the inspector until called for by the judges and required
for voting. One of the judges must keep the ballots within the polling place in plain view of the
public. A person may not take or remove a ballot from the polling place before the polls are closed
(A.R.S. § 16-572). After the completion of an election canvass, the officer in charge of elections
must deposit the package or envelope containing ballots in a secure facility managed by the county
treasurer. The county treasurer must keep the package unopened and unaltered for the prescribed
amount of time and then destroy the contents. Irregular ballots must be preserved for six months
after the election and the contents may be opened and examined upon an order of the court. Within
six months after an election, the court may order a recount or a contest and require the county
treasurer to deliver the package to the court where the ballots will be in the custody and control of
the court (A.R.S. § 16-624).
Voter Lists
The county recorder or other officer in charge of elections must provide each election board
with an alphabetized list of voters who have requested and been sent an early ballot. Any person
on the list of voters that was sent an early ballot may not vote at a polling place unless the person
surrenders the early ballot to the precinct inspector on election day (A.R.S. § 16-246). By election
day, the county recorder must provide each precinct with the names of electors on the inactive
voter list. If a person who appears at a polling place is not on the precinct register, an election
official must determine whether the person is on the inactive voter list. If the person is on the
inactive voter list and continues to reside at the address indicated on the inactive voter list, then
the person may vote at the polling place. If the person resides at a new address that is different
than indicated, the person must vote at the polling place for the new address (A.R.S. § 16-583).
FACT SHEET
S.B. 1389
Page 2
Ballot Instructions
A county board of supervisors, or the city or town clerk in municipal elections, must
prepare and provide ballots containing the names of all persons who have filed certificates of
nomination. (A.R.S. § 16-503). Ballots must be printed in black ink on white paper that is
sufficiently thick to prevent printing from being discernable on the back. Additionally, the head of
the ballot must include the type and date of election, the name of the county and the name or
number of the precinct. Statute prescribes instructions on the head of the ballot relating to how a
voter must mark the ballot (A.R.S. § 16-502).
Active Management Area Ballots
A registered voter of a county whose residency in a groundwater basin is in question must
place the voter's ballot in a separate envelope that contains: 1) the precinct name and number;
2) the voter's signature; 3) the address of the voter; and 4) the voter's registration number, if
available. The county recorder must verify the voter's residency before counting the ballot within
five business days after the election. Verified ballots are subject to the prescribed procedures
relating to early ballot counting. If a voter's residence cannot be counted, the ballot must remain
unopened and must be destroyed (A.R.S. § 45-415).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
Ballot Custody
1. Allows early ballots that are returned to voting locations on election day to be removed and
delivered to a designated receiving site by:
a) two authorized election workers who are members of different political parties; or
b) for extenuating circumstances, a sworn official election messenger, including a sheriff's
deputy.
2. Requires verified ballots to be counted by the officer in charge of elections, rather than by
depositing the ballot in the ballot box.
3. Specifies that, after the canvass of an election is completed, the officer in charge of elections
is required to deposit the package or envelope containing tabulated ballots, rather than ballots
in general, in a secure facility.
Voter Lists
4. Removes the requirement that the county recorder or other officer in charge of elections must
provide each election board with a list of voters who have requested and been sent an early
ballot.
5. Removes the prohibition of a person on the list from voting at a polling place. FACT SHEET
S.B. 1389
Page 3
6. Specifies that the county recorder must provide the names of inactive electors to each election
board, rather than each precinct.
Miscellaneous
7. Authorizes the use of an electronic pollbook in place of paper signature rosters.
8. Prescribes modifications to the instructions on the head of a ballot.
9. Removes the prescribed requirements relating to ballot procedures for a registered voter in a
certain active management area and subjects the voter to the requirements for ballots as
outlined by statute.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2023
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