HB 2673 Initials JH Page 1 House Engrossed ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session House: FMAE DPA 4-3-0-0 HB 2673: early ballots; deadlines; foreign money Sponsor: Representative Kolodin, LD 3 House Engrossed Overview Modifies the procedures for adding and retaining voters on the Active Early Voting List, alters deadlines for the return of early ballots beginning in 2027, allows for the on-site tabulation of early ballots during the weekend and Monday before the election and prohibits foreign contributions in Arizona's elections. History Requests for an Early Ballot Arizona law allows voters to make a request to be included on a list of voters to receive a ballot by mail for any election for which the county voter registration roll is used. This list is called the Active Early Voting List (AEVL) and is maintained by the County Recorders. Voters on this list will automatically receive an early ballot for all elections they are eligible to vote in. However, an AEVL participant who fails to cast an early ballot in at least one candidate election over the course of two consecutive election cycles will be removed from the list unless the voter responds to the official notice of removal. An election cycle, generally, refers to the two year period beginning on January 1 in the year after a statewide general election (A.R.S. § 16-544). In Florida, a request to receive a vote-by-mail ballot is deemed sufficient for that voter to receive a vote-by-mail ballot for all elections through the end of the calendar year of the next regularly scheduled general election. The voter may, however, designate only certain elections during this time period for which the voter would like to receive a vote-by-mail ballot. A Florida voter can make such a request in person, in writing, by telephone or through the county supervisor of election's website (F.S.A. § 101.62). 'Late Early' Ballots The term 'late early ballot' refers to instances where a voter returns their mailed early ballot on election day. Late early ballots are often processed last by counties since they are subject to signature verification and curing deadlines. Arizona law allows voters to return their voted early ballot to any polling place within their county by 7:00 P.M. on election day. In the 2024 general election, the Secretary of State reported an estimated 264,554 late early ballots. This number includes 210,039 late earlies in Maricopa County alone, Arizona's largest voting jurisdiction (AZ SOS). Florida law requires vote-by-mail ballots to be received by the election's office by 7:00 P.M. on election day to be counted. A postmark does not extend this deadline. A Florida voter may return their vote-by-mail ballot to a secure ballot drop box at any early voting site during voting hours. However, a voter cannot return their voted mail ballot at an election day polling HB 2673 Initials JH Page 2 House Engrossed place. If a voter still has their voted mail ballot on election day, it must be delivered directly to the election's office no later than 7:00 P.M. to be counted (F.S.A. §§ 101.67, 101.69). Provisions Deadlines for Returning an Early Ballot 1. Establishes, beginning in 2027, the following acceptable means of returning a voter's voted ballot and affidavit: a) depositing the voted ballot and affidavit in a secure receptable at any early voting location in the county by 7:00 P.M. on the Friday before election day; b) delivering the voted ballot and affidavit by mail to the office of the County Recorder or officer in charge of elections by 7:00 P.M. on election day; or c) hand delivering the voted ballot and affidavit to the office of the County Recorder or officer in charge of elections before 7:00 P.M. on election day. (Sec. 7) 2. Clarifies that the office of the County Recorder or officer in charge of elections is the only valid location at which an early ballot may be hand delivered on election day. (Sec. 7) Voting Locations 3. Repeals provisions allowing the Board of Supervisors to establish emergency voting locations. (Sec. 2, 4) 4. Requires a public school to serve as a polling place for city, county or state elections when requested to do so by the officer in charge of elections. 5. Allows the County Recorder or officer in charge of elections to operate on-site early voting locations during the Saturday, Sunday and Monday before election day. (Sec. 4) 6. Allows the Board of Supervisors or officer in charge of elections to conduct logic and accuracy testing for the electronic tabulating equipment used for on-site tabulation within 50 days before election day. (Sec. 3) Active Early Voting List 7. Directs the County Recorders or officers in charge of elections, upon receipt of a voter's request to be included on AEVL, to verify the voter's identity and address. (Sec. 5) 8. Instructs the County Recorder or officer in charge of elections to reject a voter's application to be included on AEVL if they are unable to verify the voter's identity and address. (Sec. 5) 9. Directs the County Recorder or officer in charge of elections to move a voter to inactive status if the notice sent to an AEVL voter prior to an election is returned as undeliverable. (Sec. 5) 10. Requires a voter to confirm their address each election cycle to remain on AEVL and receive an early ballot for the elections during that election cycle. (Sec. 5) 11. Instructs the County Recorders to allow a voter to confirm their address and provides specified methods by which the Recorder may accomplish this requirement. (Sec. 5) Prohibition on Foreign Contributions in Elections 12. Prohibits a foreign government from knowingly giving, and a person, entity or committee from knowingly accepting or using, any monies or in-kind goods or services that are contributed by a foreign government or foreign nongovernmental source to influence the outcome of an election on a ballot measure. (Sec. 12) ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2673 Initials JH Page 3 House Engrossed 13. Requires a person, entity or committee that is required to file a campaign finance report to certify under penalty of perjury in such reports that they have not accepted or used monies or in-kind goods or services from a foreign government or foreign nongovernmental entity. (Sec. 12) 14. Prohibits an Arizona government entity from using monies or in-kind goods or services donated, either directly or indirectly, by a foreign government or a foreign nongovernmental source for election administration. (Sec. 1) 15. Instructs a person or vendor that provides services to a government entity for election administration purposes to submit a certification to the Secretary of State that includes a dated, sworn statement, under penalty of perjury, that the person is not knowingly the recipient of donations from a foreign source. (Sec. 1) 16. Specifies, if a person obtains information that was unknown to them at the time of the initial certification, the person must update the initial certification within five business days to reflect the new information and submit a new sworn statement. (Sec. 1) 17. Specifies that a person who is required to submit a certification to the Secretary of State must update the certification annually. (Sec. 1) 18. Clarifies that this prohibition and certification requirement does not apply to an organization or person who is providing a facility for use as a voting location. (Sec 1) 19. Instructs Arizona's government entities to prepare, and the Secretary of State to report, a quarterly list of any person or vendor that provides election administration services to that government entity. (Sec. 1) 20. Directs the Secretary of State to notify any government entity that fails to file a required quarterly report by email and inform that entity about possible enforcement actions. (Sec. 1) 21. Directs the Secretary of State to maintain records of all sworn certifications and to publicly post the certifications on their website. (Sec. 1) 22. Prohibits a government entity from entering into or continuing an agreement with a person or vendor who fails to submit a required certification or submits an inaccurate certification to the Secretary of State. (Sec. 1) 23. Specifies an agreement between a person or vendor and a government entity is invalidated if the person or vendor fails to submit a required certification or submits an inaccurate certification to the Secretary of State. (Sec. 1) 24. Makes a person or entity liable for a civil penalty, to be paid to the first successful litigant, in the amount of three times the money paid or contracted to be paid by the government entity when the person or vendor knowingly fails to provide an accurate initial or updated certification. (Sec. 1) 25. Specifies that the controlling person of any vendor is jointly and severally liable for any civil penalty for failure to knowingly provide an accurate initial or updated certification. (Sec. 1) 26. Entitles a qualified elector of Arizona or any state officer acting in their official capacity to bring a civil action to enjoin a violation of the prohibition on foreign contributions in elections provisions or to enforce such provisions. (Sec. 1) HB 2673 Initials JH Page 4 House Engrossed 27. Entitles a prevailing claimant in a civil action described above to injunctive relief, specifies damages and costs and attorney fees. (Sec. 1) 28. Clarifies that the remedies, duties, prohibitions and penalties prescribed by this measure are in addition to all other causes of action, remedies and penalties prescribed by law. (Sec. 1) 29. Clarifies that a foreign government, for the purposes of this measure, does not include federally recognized sovereign tribal nations. (Sec. 1, 12) 30. Defines foreign nongovernmental source and person. (Sec. 1, 12) Miscellaneous 31. Modifies the early voting instructions sent to a voter with an early ballot. (Sec. 6) 32. Defines election cycle as the period between a general election and the subsequent general election. (Sec. 5) 33. Defines voter's signature on the voter's registration form, signature of the elector on or in the elector's registration record and substantially similar phrases. (Sec. 5) 34. Entitles this act as the Florida-Style Election Act. (Sec. 13) 35. Makes technical and conforming changes.