Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1598
elections; observers; federal candidates
Purpose
Allows each candidate for federal office to designate a representative who may act as a
challenger in each polling place or voting location and removes the ability of a candidate for a
nonpartisan office from designating an observer at a counting center.
Background
A person may not remain within 75 feet of a polling place while the polls are open except
for the purpose of voting. Once voters cast their ballot, the voter must move outside the 75-foot
limit. The only individuals that may remain inside the limit while the polls are open are: 1) election
officials; 2) one representative from each political party on the ballot who has been appointed by
the county chairman of the political party; and 3) the challengers allowed by law. The county board
of supervisors must supply three notices with the ballots for each polling place outlining statutory
requirements regarding the 75-foot limit. An election official, representative of a political party or
a challenger may not wear, carry or display materials that identify or express support or opposition
to: 1) a candidate; 2) a political party; 3) an organization; 4) a ballot question; or 5) any other
political issue (A.R.S. § 16-515).
A county chairman of each political party may designate a party agent or representative
and alternates who may act as challengers for the party for each election precinct and observe the
proceedings of the election. For each polling place, one actor may be present and acting, but the
challenger is prohibited from entering a voting booth unless they are marking their own ballot.
Only the number of party representatives that were mutually agreed upon by each party on the
ballot may be in the polling place at one time. If no agreement was reached, the number of
representatives must be limited to one person in the polling place at one time for each political
party. A challenger or party representative must be a resident of Arizona and to be registered to
vote in Arizona (A.R.S. § 16-590).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows each candidate for federal office to have a representative in each polling place or early
voting location at any one time during the election to observe the election and allows the
representative to act as a challenger for the candidate for federal office.
2. Prohibits a poll observer from:
a) approaching an election official's table, equipment or the voting booths at a distance that is
any closer than reasonably for the observer to perform their duties; FACT SHEET
S.B. 1598
Page 2
b) being a candidate on the ballot;
c) obstructing the orderly conduct of any election; and
d) interacting with a voter.
3. Allows a poll observer within each polling place or early voting location to observe the conduct
of electors and officials, including the setup and closeout procedures.
4. Requires a poll observer to:
a) provide their own materials and necessities;
b) pose questions regarding polling place procedures to the inspector at the voting location or
to the officer in charge of the election; and
c) be a registered voter in Arizona.
5. Removes the ability of a candidate for a nonpartisan office to have an observer at a counting
center.
6. Exempts a representative who is appointed by a candidate for federal office from the 75-foot
limit.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2023
AN/slp