REVISED
ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
ELECTIONS COMMITTEE
DATE: May 15, 2024
SUBJECT: Strike everything amendment to H.C.R. 2056, relating to elections
Purpose
Prohibits the use of foreign monies for election administration purposes or to influence the
outcome of a ballot measure. Changes the date by which early ballots must be returned to a polling
place from 7:00 p.m. on election day to 7:00 p.m. on the Friday before election day, with
exceptions for delivery to the office of the county recorder during emergency voting. Requires the
county recorder or other officer in charge of elections to provide for on-site tabulation of all ballots
for all voting conducted during early voting or on election day.
Background
Foreign Monies
The Federal Election Campaign Act of 1971 (Act) prohibits a foreign national from directly
or indirectly participating in the decision making process regarding a person's federal or
non-federal election related activities, including by way of: 1) a contribution or donation of money
or other thing of value in connection with a federal, state or local election; 2) a contribution or
donation to a committee of a political party; or 3) an expenditure, independent expenditure or
disbursement for electioneering communication. In 2021, the Federal Elections Commission
determined that spending specifically related to ballot initiatives is generally outside the purview
of the Act because such spending is not in connection with elections as defined by the Act. In
2021, the Legislature enacted legislation that prohibited the state or a city, town, county, school
district or other public body that conducts or administers elections from receiving or expending
private monies for the purpose of preparing for, administering or conducting an election, including
to register voters (52 U.S.C. § 30121; FEC; and Laws 2021, Ch. 199).
Voting
Laws 2022, Chapter 271 allows every county recorder or other officer in charge of elections
to provide for a qualified elector who presents valid identification to have the elector's voted early
ballot tabulated on-site at the elector's designated polling location or voting center. Statute outlines
requirements for a voting location that allows on-site tabulation, including requirements that the
county recorder or other officer in charge of elections: 1) designate an area within the precinct or
voting center for processing voted early ballots on-site that is separate from the area for regular in
person voting; 2) categorize and separately tally electors whose voted early ballots are tabulated
on-site; and 3) reconcile the number of electors who appear on the signature roster or e-pollbook
with the number of completed early ballot affidavits and voted early ballots tabulated on-site.
Once an elector presents valid identification, the elector must present the elector's early
ballot affidavit to the election official in charge of the signature roster, and the election official
must confirm that the name and address on the completed affidavit reasonably appears to be the
ANNA NGUYEN
LEGISLATIVE RESEARCH ANALYST
ELECTIONS COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO – Revised
H.C.R. 2056
Page 2
same as the name and address on the precinct register. If the elector's affidavit is not complete, the
election officer must allow the elector to complete the affidavit. The election official may not allow
for the on-site tabulation of an early ballot until the elector presents a completed early ballot
affidavit. When the elector proceeds to the tabulating equipment, under observation of an election
official, the elector must remove the early ballot from the completed affidavit envelope, deposit
the empty completed affidavit envelope in the secured and labeled drop box and insert the ballot
into a tabulating machine. An elector that does not present valid identification must either deposit
the early ballot, while still in the ballot's affidavit envelope, in an official drop box or proceed to
the area designated for election day voting to surrender the early ballot to the election board for
retention and not for tabulating. The elector may then vote a provisional ballot.
Laws 2024, Chapter 1 allows a voter, beginning in 2026, to provide valid identification
when presenting the voter's mailed early ballot at any voting location and, upon confirming that
the name and address on the voter's identification appears to be the same name and address shown
on the voter's registration record, requires the election official to place the early ballot and affidavit
in the secured ballot box labeled for verified early ballots and stamp the signed affidavit with a
stamp that reads ID verified. The voter's early ballot is then deemed ready for tabulating and is
exempt from additional signature verification.
Laws 2024, Chapter 1 extends the deadline for in-person early voting from 5:00 p.m. on
the Friday before election day to 7:00 p.m. on the Friday before election day. Beginning in 2026,
the early ballot instructions must include a statement that in order to be valid and counted the mail
affidavit containing the ballot must have the voter's signature on the envelope and be returned to
the office of the county recorder by: 1) delivering the affidavit and ballot to the county recorder or
other officer in charge of elections by 7:00 p.m. on election day; 2) depositing the affidavit and
ballot at any polling place in the county by 7:00 p.m. on election day; or 3) bringing the ballot to
any polling place in the county by 7:00 p.m. on election day and presenting valid identification.
Appropriations
In 2022, the Legislature appropriated, from the state General Fund (state GF), $5,000,000
in FY 2024 and $6,000,000 in FY 2025 to the State Treasurer to distribute on a proportional basis
to county recorders that purchase ballot paper that uses specific security features, including
watermarks or unique ballot identifiers, or both (Laws 2022, Ch. 313).
The strike-everything amendment to H.C.R. 2056 reduces the FY 2025 and FY 2026
appropriations to the State Treasurer from the state GF by $5,000,000 in FY 2024 and $6,000,000
in FY 2025 and appropriates $11,000,000 from the state GF in FY 2025 to the Secretary of State
(SOS).
Provisions
Foreign Monies
1. Prohibits a foreign government from giving and a person, entity or committee from accepting
or using monies or in-kind goods or services contributed by a foreign government or a foreign
nongovernmental source to influence the outcome of an election on a ballot measure. STRIKER MEMO – Revised
H.C.R. 2056
Page 3
2. Requires a person, entity or committee that is required to file campaign finance reports to
certify in the reports that the person, entity or committee has not accepted or used prohibited
foreign monies or in-kind goods or services.
3. Prohibits a government entity in Arizona from using monies or in-kind goods or services
donated by a foreign government or any foreign nongovernmental source for election
administration.
4. Requires a person that provides in-kind goods or services to a government entity for election
administration to provide a certification to the SOS that includes a dated and sworn statement,
under penalty of perjury, that the person is not knowingly the direct or indirect recipient of
donations from a foreign source.
5. Requires the person to update the foreign donation certification annually.
6. Requires a person, if the person obtains information unknown at the time of initial certification,
to update the initial certification within five business days to reflect the new information and
to include a new statement that the person is now knowingly the direct or indirect recipient of
foreign donations.
7. Requires the SOS to:
a) maintain records of submitted foreign donation certifications and to post the foreign
donation certifications on the SOS's website;
b) require government entities to provide the SOS a quarterly report of all persons that provide
in-kind goods and services for election administration to the government entity; and
c) notify a government entity by email if the government entity fails to file a quarterly report
as outlined, and to advise the government entity of possible enforcement actions.
8. Classifies, as a class 1 misdemeanor, knowingly failing to provide an accurate initial or updated
foreign donation certification to the SOS.
9. Stipulates that a person's failure to provide an accurate foreign donation certification:
a) invalidates any agreement between the person and a government entity; and
b) bars a state, county or local government entity from entering into or continuing any
agreement with the person.
10. Allows the Attorney General to file an action regarding a person's knowing violation of the
foreign donation prohibition or certification requirement.
11. Specifies that a foreign donation violation action may include a request for:
a) an injunction;
b) damages of at least $5,000 for each knowing violation; and
c) other relief that the court may provide. STRIKER MEMO – Revised
H.C.R. 2056
Page 4
12. Allows any qualified elector or state officer to initiate a civil action to enjoin a foreign donation
violation or enforce any requirement relating to disclosure of foreign donations.
13. Requires the court to award a prevailing civil claimant:
a) injunctive relief sufficient to prevent the defendant from violations or engaging in, acts that
aid or abet foreign donation violations;
b) damages in the amount of $1,000 per day from the date of noncompliance until the
defendant comes into compliance; and
c) costs and attorney fees.
14. Specifies that the remedies, duties, prohibitions and penalties associated with foreign donation
violations are in addition to all other causes of action, remedies or penalties as provided by
law.
15. Defines person as an individual or a candidate, nominee, committee, corporation, limited
liability company, labor organization, partnership, trust, association, organization, joint
venture, cooperative or unincorporated organization or association.
Voting
16. Allows, beginning in 2026, a county board of supervisors (county BOS), on a specific
resolution that is voted on by a recorded vote, to authorize the county recorder or other officer
in charge of elections to designate any county recorder's office for emergency voting.
17. Accelerates, beginning in 2026, from 7:00 p.m. on election day to 7:00 p.m. on the Friday
before election day, the date by which a voted early ballot must be returned to a polling place
to be valid and counted, except that a qualified elector may deliver a voted early ballot during
the Saturday, Sunday and Monday prior to election day to a county recorder's office designated
for emergency voting by a county BOS.
18. Requires, beginning in 2026, every county recorder or other officer in charge of elections to
allow a qualified elector to have the elector's ballot tabulated on-site, if the elector appears at
a polling place during the period of early voting or on election day with the elector's voted
early ballot in its envelope along with the early ballot affidavit.
19. Requires, beginning in 2026, all ballots for all voting conducted during early voting or on
election day at a polling place or other voting location to be tabulated at the polling place or
other voting location before being transported to a receiving station or central facility.
20. Applies the elector identification requirements for on-site tabulation of early ballots on election
day to an elector that appears at a polling place with the elector's voted early ballot during early
voting and on election day.
21. Exempts provisional, misread or write-in ballots from the on-site tabulation requirements. STRIKER MEMO – Revised
H.C.R. 2056
Page 5
22. Removes the stipulation that, to tabulate an elector's early ballot on-site, the elector's early
ballot affidavit must be complete.
23. Replaces the specification that a voting center may be used for the purposes of emergency
voting, on-site tabulation and ballot drop off by a caregiver or family or household member
with a specification that the following locations may be used for the following purposes:
a) emergency voting locations, for emergency voting; and
b) polling places, for on-site tabulation and ballot drop-off by a caregiver or family or
household member.
24. Specifies that an elector must sign the elector's name in the paper signature roster or electronic
pollbook for the polling place, rather than precinct, before proceeding to the tabulating
equipment.
Appropriations
25. Reduces the following appropriations to the State Treasurer from the state GF for secure ballot
paper by:
a) $5,000,000 in FY 2024; and
b) $6,000,000 in FY 2025.
26. Appropriates $11,000,000 from the state GF in FY 2025 to the SOS to distribute to the counties
on a proportional basis for the costs of implementing voter check-in and early voting and
election day on-site ballot tabulation.
27. Exempts the appropriation from lapsing.
Miscellaneous
28. Makes technical and conforming changes.
29. Requires the SOS to submit the proposition to the voters at the next general election.
30. Becomes effective if approved by the voters and on proclamation of the Governor.
Revisions
• Corrects the provision and purpose statement to clarify that the newly prescribed date by which
a voted early ballot must be returned applies only for deposits at a polling place.