| 69 | | - | Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to elections, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor: AN ACT amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding sections 16-407.04 and 16-407.05; Amending sections 16-411, 16-449, 16-542, 16-544, 16-547, 16-548, 16-551, 16-552 and 16-579.01, Arizona Revised Statutes; relating to elections. Be it enacted by the Legislature of the State of Arizona: Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 16-407.04 and 16-407.05, to read: START_STATUTE16-407.04. Donations from a foreign source; election administration; certification; records; reports; civil penalty; definitions a. a government entity in this state may not use monies or in-kind goods or services that are donated, directly or indirectly, by a foreign GOVERNMENT or any foreign nongovernmental source for election ADMINISTRATION. b. A person or vendor that PROVIDES services to a government entity for election administration shall provide a certification to the secretary of state that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. The person shall annually update the certification. If the person obtains information that was unknown at the time of the initial certification, the person shall update the initial certification within five business days to reflect the new information and shall include a new statement that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. THIS subsection DOES NOT APPLY TO A PERSON OR ORGANIZATION WHEN PROVIDING common goods or A FACILITY THAT SERVES AS a VOTING LOCATION. c. The secretary of state shall require government entities to provide to the secretary of state a quarterly report that lists any person or vendor that provides services to that government entity for election administration. The secretary of state shall notify the government ENTITY by email if the government ENTITY fails to file its quarterly report prescribed by this section and advise the government ENTITY THAT section 16-407.05 provides for possible enforcement actions. d. The secretary of state shall maintain records of the certifications prescribed by this section and shall post these certifications on the secretary of state's website. e. A person or vendor that fails to provide the certification PRESCRIBED by this section or that provides an inaccurate certification to the secretary of state invalidates any agreement with the government entity, and the state, county or local government entity is barred from entering into or continuing any agreement with that person. f. A person or vendor that knowingly fails to provide an accurate initial or updated certification as prescribed by this section is liable for a civil penalty in the amount of three times the money paid or contracted to be paid by the government entity, which shall be paid to the first successful litigant under this section. The controlling person of any vendor shall be jointly and severally liable to pay that amount. G. For the purposes of this section: 1. "Common goods" means items that are commonly used across a wide variety of organizations and that are not specific to the administration of elections. 2. Foreign government does not include federally recognized sovereign tribal nations. 3. "Foreign nongovernmental source": (a) Means an individual who is not a United States citizen or national. (b) Does not include federally recognized sovereign tribal nations. 4. "Person": (a) Means an individual or a corporation or other entity as defined in section 16-901. (b) dOES NOT INCLUDE POLL WORKERS. END_STATUTE START_STATUTE16-407.05. Enforcement; civil action a. Any qualified elector may bring a civil action For damages pursuant to section 16-407.04 or 16-919, the plaintiff may also seek equitable relief: 1. Enjoining a violation of section 16-407.04. 2. Enforcing 1. [Enjoin] [Enjoining] a violation of section 16-407.04. 2. [Enforce] [Enforcing any provision of section 16-407.04. b. If the claimant prevails in an action brought under subsection a of this section, the court shall award: 1. Injunctive relief sufficient to prevent the defendant from violating section 16-407.04 or engaging in acts that aid or abet violations of section 16-407.04. 2. damages in the amount that should have been declared in the filing along with any civil penalty amounts prescribed by section 16-407.04. 3. Costs and attorney fees. c. The remedies, duties, prohibitions and penalties prescribed by this section and section 16-407.04 are in addition to all other causes of action, remedies and penalties provided by law. The express provision of a civil right of action in this section is not intended to deny or disparage the provided by law. [The express provision of a civil right of action in this section is not intended to deny or disparage the availability of special action relief with respect to this or any other law. END_STATUTE Sec. 2. Section 16-411, Arizona Revised Statutes, is amended to read: START_STATUTE16-411. Designation of election precincts and polling places; voting centers; electioneering; wait times A. The board of supervisors of each county, on or before October 1 of each year preceding the year of a general election, by an order, shall establish a convenient number of election precincts in the county and define the boundaries of the precincts as follows: 1. The election precinct boundaries shall be established so as to be included within election districts prescribed by law for elected officers of the state and its political subdivisions, including community college district precincts, except those elected officers provided for in titles 30 and 48. 2. If after October 1 of the year preceding the year of a general election the board of supervisors must further adjust precinct boundaries due to the redistricting of election districts as prescribed by law and to comply with this subsection, the board of supervisors shall adjust these precinct boundaries as soon as is practicable. B. At least twenty days before a general or primary election, and at least ten days before a special election, the board shall designate one polling place within each precinct where the election shall be held, except that: 1. On a specific finding of the board, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for that precinct may be designated within an adjacent precinct. 2. Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48. The officer in charge of elections may also split a precinct for administrative purposes. The polling places shall be listed in separate sections of the order or resolution. 3. On a specific finding of the board that the number of persons who are listed as early voters pursuant to section 16-544 and who are not expected to have their ballots tabulated at the polling place as prescribed in section 16-579.02 is likely to substantially reduce the number of voters appearing at one or more specific polling places at that election, adjacent precincts may be consolidated by combining polling places and precinct boards for that election. The board of supervisors shall ensure that a reasonable and adequate number of polling places will be designated for that election. Any consolidated polling places shall be listed in separate sections of the order or resolution of the board. 4. On a specific resolution of the board, the board may authorize the use of voting centers in place of or in addition to specifically designated polling places. A voting center shall allow any voter in that county to receive the appropriate ballot for that voter on election day after presenting identification as prescribed in section 16-579 and to lawfully cast the ballot. Voting centers may be established in coordination and consultation with the county recorder, at other county offices or at other locations in the county deemed appropriate. 5. On a specific resolution of the board of supervisors that is limited to a specific election date and that is voted on by a recorded vote, the board may authorize the county recorder or other officer in charge of elections to use emergency voting centers as follows: (a) The board shall specify in the resolution the location and the hours of operation of the emergency voting centers. (b) A qualified elector voting at an emergency voting center shall provide identification as prescribed in section 16-579, except that notwithstanding section 16-579, subsection A, paragraph 2, for any voting at an emergency voting center, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452. (c) If an emergency voting center established pursuant to this section becomes unavailable and there is not sufficient time for the board of supervisors to convene to approve an alternate location for that emergency voting center, the county recorder or other officer in charge of elections may make changes to the approved emergency voting center location and shall notify the public and the board of supervisors regarding that change as soon as practicable. The alternate emergency voting center shall be as close in proximity to the approved emergency voting center location as possible. C. If the board fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peace in the precinct, two days before the election, by an order, copies of which the justice of the peace shall immediately post in three public places in the precinct, shall designate the place within the precinct for holding the election. If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election board of the precinct shall designate and give notice of the place within the precinct of holding the election. For any election in which there are no candidates for elected office appearing on the ballot, the board may consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply: 1. All affected voters are notified by mail of the change at least thirty-three days before the election. 2. Notice of the change in polling places includes notice of the new voting location, notice of the hours for voting on election day and notice of the telephone number to call for voter assistance. 3. All affected voters receive information on early voting that includes the application used to request an early voting ballot. D. The board is not required to designate a polling place for special district mail ballot elections held pursuant to article 8.1 of this chapter, but the board may designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the day of the election. E. Except as provided in subsection F of this section, A public school shall provide sufficient space for use as a polling place voting location for any city, county or state election when requested by the officer in charge of elections. F. The principal of the school may deny a request to provide space for use as a polling place for any city, county or state election if, within two weeks after a request has been made, the principal provides a written statement indicating a reason the election cannot be held in the school, including any of the following: 1. Space is not available at the school. 2. The safety or welfare of the children would be jeopardized. G. F. Beginning in 2026, the department of administration shall coordinate with state agencies and counties to provide available and appropriate state-owned facilities for use as a voting location for any city, county or state election when requested by the officer in charge of elections. H. g. The board shall make available to the public as a public record a list of the polling places for all precincts in which the election is to be held. I. h. Except in the case of an emergency, any facility that is used as a polling place on election day or that is used as an early voting site during the period of early voting shall allow persons to electioneer and engage in other political activity outside of the seventy-five foot limit prescribed by section 16-515 in public areas and parking lots used by voters. This subsection does not allow the temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters. The county recorder or other officer in charge of elections shall post on its website at least two weeks before election day a list of those polling places in which emergency conditions prevent electioneering and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. If the polling place is not on the website list of polling places with emergency designations, electioneering and other political activity shall be allowed outside of the seventy-five foot limit. If an emergency arises after the county recorder or other officer in charge of elections' initial website posting, the county recorder or other officer in charge of elections shall update the website as soon as is practicable to include any new polling places, shall highlight the polling place location on the website and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. J. I. For the purposes of this section, a county recorder or other officer in charge of elections shall designate a polling place as an emergency polling place and thus prohibit persons from electioneering and engaging in other political activity outside of the seventy-five foot limit prescribed by section 16-515 but inside the property of the facility that is hosting the polling place if any of the following occurs: 1. An act of God renders a previously set polling place as unusable. 2. A county recorder or other officer in charge of elections has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation. K. J. The secretary of state shall provide through the instructions and procedures manual adopted pursuant to section 16-452 the maximum allowable wait time for any election that is subject to section 16-204 and provide for a method to reduce voter wait time at the polls in the primary and general elections. The method shall consider at least all of the following for primary and general elections in each precinct: 1. The number of ballots voted in the prior primary and general elections. 2. The number of registered voters who voted early in the prior primary and general elections. 3. The number of registered voters and the number of registered voters who cast an early ballot for the current primary or general election. 4. The number of registered voters whose early ballots were tabulated on-site as prescribed in section 16-579.02 in the prior primary and general elections. 5. The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls. Sec. 3. Section 16-449, Arizona Revised Statutes, is amended to read: START_STATUTE16-449. Required test of equipment and programs; notice; procedures manual A. Within the period of time before the election day prescribed by the secretary of state in the instructions and procedures manual adopted pursuant to section 16-452, the board of supervisors or other election officer in charge of elections, or for an election involving state or federal candidates, the secretary of state, shall have test the automatic tabulating equipment and programs tested to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least forty-eight hours prior thereto before the test by publication once in one or more daily or weekly newspapers published in the town, city or village using such equipment, if a newspaper is published therein in the town, city or village, otherwise in a newspaper of general circulation therein. The test shall be observed by at least two election inspectors, who shall not be of the same political party, and shall be open to representatives of the political parties, candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject such votes. If any error is detected, the cause therefor for the error shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment and programs are approved. A copy of a revised program shall be filed with the secretary of state within forty-eight hours after the revision is made. If the error was created by automatic tabulating equipment malfunction, a report shall be filed with the secretary of state within forty-eight hours after the correction is made, stating the cause and the corrective action taken. The test shall be repeated immediately before the start of the official count of the ballots in the same manner as set forth above. After the completion of the count, the programs used and the ballots shall be sealed, retained and disposed of as provided for paper ballots. B. Electronic ballot tabulating systems shall be tested for logic and accuracy within seven days before their use for early balloting pursuant to the instructions and procedures manual for electronic voting systems that is adopted by the secretary of state as prescribed by section 16-452. The instructions and procedures manual shall include procedures for the handling of ballots, the electronic scanning of ballots and any other matters necessary to ensure the maximum degree of correctness, impartiality and uniformity in the administration of an electronic ballot tabulating system. C. Notwithstanding subsections A and B of this section, if a county uses accessible voting equipment to mark ballots and that accessible voting equipment does not independently tabulate or tally votes, the secretary of state in cooperation with the county officer in charge of elections may designate a single date to test the logic and accuracy of both the accessible voting equipment and electronic ballot tabulating systems. D. NOTWITHSTANDING subsection B of this section, for any county that provides for on-site tabulation pursuant to sections 16-579.01 and 16-579.02, the board of supervisors or officer in charge of elections shall test the electronic ballot tabulating equipment to be utilized pursuant to section 16-579.01 for logic and accuracy within fifty days before election day. THIS DOES NOT IMPACT THE DEADLINES FOR PERFORMING LOGIC AND ACCURACY TESTING ON OTHER EQUIPMENT. END_STATUTE Sec. 4. Section 16-542, Arizona Revised Statutes, is amended to read: START_STATUTE16-542. Request for ballot; civil penalties; violation; classification A. Within ninety-three days before any election called pursuant to the laws of this state, an elector may make a verbal or signed request to the county recorder, or other officer in charge of elections for the applicable political subdivision of this state in whose jurisdiction the elector is registered to vote, for an official early ballot. In addition to name and address, the requesting elector shall provide the date of birth and state or country of birth or other information that if compared to the voter registration information on file would confirm the identity of the elector. If the request indicates that the elector needs a primary election ballot and a general election ballot, the county recorder or other officer in charge of elections shall honor the request. For any partisan primary election, if the elector is not registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16-804, the elector shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the elector may receive and vote the ballot of only that one political party, which also shall include any nonpartisan offices and ballot questions, or the elector shall designate the ballot for nonpartisan offices and ballot questions only and the elector may receive and vote the ballot that contains only nonpartisan offices and ballot questions. The county recorder or other officer in charge of elections shall process any request for an early ballot for a municipal election pursuant to this subsection. The county recorder may establish on-site early voting locations at the recorder's office, which shall be open and available for use beginning the same day that a county begins to send out the early ballots. The county recorder may also establish any other early voting locations in the county the recorder deems necessary. Any on-site early voting location or other early voting location shall require each elector to present identification as prescribed in section 16-579 before receiving a ballot. Notwithstanding section 16-579, subsection A, paragraph 2, at any on-site early voting location or other early voting location the county recorder or other officer in charge of elections may provide for a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452. B. Notwithstanding subsection A of this section, a request for an official early ballot from an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20310) or a voter whose information is protected pursuant to section 16-153 that is received by the county recorder or other officer in charge of elections more than ninety-three days before the election is valid. If requested by the absent uniformed services or overseas voter, or a voter whose information is protected pursuant to section 16-153, the county recorder or other officer in charge of elections shall provide to the requesting voter early ballot materials through the next regularly scheduled general election for federal office immediately following receipt of the request unless a different period of time, which does not exceed the next two regularly scheduled general elections for federal office, is designated by the voter. C. The county recorder or other officer in charge of elections shall mail the early ballot and the envelope for its return postage prepaid to the address provided by the requesting elector within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to section 16-545, except that early ballot distribution shall not begin more than twenty-seven days before the election. If an early ballot request is received on or before the thirty-first day before the election, the early ballot shall be distributed not earlier than the twenty-seventh day before the election and not later than the twenty-fourth day before the election. D. Only the elector may be in possession of that elector's unvoted early ballot. If a complete and correct request is made by the elector within twenty-seven days before the election, the mailing must be made within forty-eight hours after receipt of the request. Saturdays, Sundays and other legal holidays are excluded from the computation of the forty-eight-hour period prescribed by this subsection. If a complete and correct request is made by an absent uniformed services voter or an overseas voter before the election, the regular early ballot shall be transmitted by mail, by fax or by other electronic format approved by the secretary of state within twenty-four hours after the early ballots are delivered pursuant to section 16-545, subsection B, excluding Sundays. E. In order to be complete and correct and to receive an early ballot by mail, an elector's request that an early ballot be mailed to the elector's residence or temporary address must include all of the information prescribed by subsection A of this section and must be received by the county recorder or other officer in charge of elections not later than 5:00 p.m. on the eleventh day preceding the election. An elector who appears personally not later than 7:00 p.m. on the Friday Monday preceding the election at an on-site early voting location or other early voting location that is established by the county recorder or other officer in charge of elections shall be given a ballot after presenting identification as prescribed in section 16-579 and shall be allowed to vote at the on-site location. Notwithstanding section 16-579, subsection A, paragraph 2, at any on-site early voting location the county recorder or other officer in charge of elections may provide for a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452. If an elector's request to receive an early ballot is not complete and correct but complies with all other requirements of this section, the county recorder or other officer in charge of elections shall attempt to notify the elector of the deficiency of the request. F. Unless an elector specifies that the address to which an early ballot is to be sent is a temporary address, the recorder may use the information from an early ballot request form to update voter registration records. G. The county recorder or other officer in charge of early balloting shall provide an alphabetized list of all voters in the precinct who have requested and have been sent an early ballot to the election board of the precinct in which the voter is registered not later than the day before the election. H. As a result of experiencing an emergency between 7:00 p.m. on the Friday preceding the election and 5:00 p.m. on the Monday preceding the election, qualified electors may request to vote in the manner prescribed by the board of supervisors of their respective county. Before voting pursuant to this subsection, an elector who experiences an emergency shall provide identification as prescribed in section 16-579 and shall sign a statement under penalty of perjury that states that the person is experiencing or experienced an emergency after 7:00 p.m. on the Friday immediately preceding the election and before 5:00 p.m. on the Monday immediately preceding the election that would prevent the person from voting at the polls. Signed statements received pursuant to this subsection are not subject to inspection pursuant to title 39, chapter 1, article 2. For the purposes of this subsection, "emergency" means any unforeseen circumstances that would prevent the elector from voting at the polls. I. Notwithstanding section 16-579, subsection A, paragraph 2, for any voting pursuant to subsection H of this section, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452. J. H. A candidate, political committee or other organization may distribute early ballot request forms to voters. If the early ballot request forms include a printed address for return, the addressee shall be the political subdivision that will conduct the election. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the request. K. I. All original and completed early ballot request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate, political committee or other organization or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political committee or other organization that fails to submit a completed early ballot request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed early ballot request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony. L. J. Except for a voter who is on the active early voting list prescribed by section 16-544, a voter who requests a onetime early ballot pursuant to this section or for an election conducted pursuant to section 16-409 or article 8.1 of this chapter, a county recorder, city or town clerk or other election officer may not deliver or mail an early ballot to a person who has not requested an early ballot for that election. An election officer who knowingly violates this subsection is guilty of a class 5 felony. END_STATUTE Sec. 5. Section 16-544, Arizona Revised Statutes, is amended to read: START_STATUTE16-544. Active early voting list; unique number; civil penalty; violation; classification A. Any voter may request to be included on a list of voters to receive an early ballot by mail for any election for which the county voter registration roll is used to voters to receive an early ballot by mail {{for any election for which the county voter registration roll is used to prepare the election register. The county recorder of each county shall maintain the active early voting list as part of the voter registration roll. B. In order to be included on the active early voting list, the early mail voter shall make a written request specifically requesting that the early mail voter's name be added to the active early voting list for all elections in which the applicant is eligible to vote. A county with a population of five HUNDRED thousand persons or more shall require the early mail voter, through an AFFIRMATIVE act on the part of the early mail voter, to confirm the early mail voter's ADDRESS pursuant to this section each election cycle before receiving an early ballot by mail regardless of whether the early mail voter is on the active early voting list. A county with a population of fewer than five hundred thousand persons shall require an early mail voter, through an affirmative act on the part of the early mail voter, to confirm the early mail voter's address PURSUANT to this section during the four-year period that constitutes two consecutive election cycles BEFORE receiving an early ballot by mail regardless of whether the early population of five HUNDRED thousand persons or more shall require the early mail voter, through an AFFIRMATIVE act on the part of the early mail voter, to confirm the early mail voter's ADDRESS pursuant to this section each election cycle before receiving an early ballot by mail regardless of whether the early mail voter is on the active early voting list. A county with a population of fewer than five hundred thousand persons shall require an early mail voter, through an affirmative act on the part of the early mail voter, to confirm the early mail voter's address PURSUANT to this section during the four-year period that constitutes two consecutive election cycles BEFORE receiving an early ballot by mail regardless of whether the early mail voter is on the active early voting list. An early mail voter request form shall conform to requirements prescribed in the instructions and procedures manual issued pursuant to section 16-452. The application shall allow for the early mail voter to provide the early mail voter's name, residence address, mailing address in the early mail voter's county of residence, date of birth and signature and shall state that the early mail voter is attesting that the voter is a registered voter who is eligible to vote in the county of residence. The early mail voter shall not list a mailing address that is outside of this state for the purpose of the active early voting list unless the early mail voter is an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20310). In lieu of the application, the applicant may submit a written request that contains the required information. The county recorder shall allow the early mail voter to perform an affirmative act to confirm the early mail voter's address by any one or more of the following methods: 1. MAILING THE EARLY mail VOTER A NOTICE TO CONFIRM OR UPDATE THE early mail voter's ADDRESS. 2. CALLING THE EARLY mail VOTER OR NOTIFYING THE EARLY mail VOTER TO CALL THE COUNTY RECORDER TO CONFIRM OR UPDATE THE early mail voter's ADDRESS. 3. ALLOWING THE EARLY mail VOTER TO CONFIRM OR UPDATE THE early mail voter's ADDRESS BY WAY OF A county WEBSITE PORTAL. A county WEBSITE PORTAL FOR THIS PURPOSE SHALL PROMPT THE early mail VOTER TO CONFIRM OR UPDATE THE early mail VOTER'S ADDRESS EACH TIME THE early mail VOTER LOGS IN IF THE voter's ADDRESS HAS NOT YET BEEN CONFIRMED FOR THAT ELECTION CYCLE. C. A notice sent to a voter to confirm the voter's address pursuant to subsection B, paragraph 1 of this section shall be in the following form and include check boxes: [check box] I affirm that I have not moved and my address is the same as the address indicated on the front of the envelope. [check box] My address has changed and I would like to update my address:__________________ D. Address confirmation received after the last day to request an early ballot will be processed for the next upcoming {{C. A notice sent to a voter to confirm the voter's address pursuant to subsection B, paragraph 1 of this section shall be in the following form and include check boxes: [check box] I affirm that I have not moved and my address is the same as the address indicated on the front of the envelope. [check box] My address has changed and I would like to update my address:___________________________________________ D. Address confirmation received after the last day to request an early ballot will be processed for the next upcoming election for which the early mail voter is eligible in the current election cycle. C. E. On receipt of a request to be included on the active early voting list, the county recorder or other officer in charge of elections shall compare the signature on the request form with the voter's signature on the voter's registration form and, if the request is from the voter, shall mark the voter's registration file as an active early ballot request. D. F. Not less than ninety days before any polling place election scheduled in March or August, the county recorder or other officer in charge of elections shall mail to all voters who are eligible for the election and who are included on the active early voting list an election notice by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification. If an election is not formally called by a jurisdiction by the one hundred eightieth day before the election, the recorder or other officer in charge of elections is not required to send the election notice. The notice shall include the dates of the elections that are the subject of the notice, the dates that the voter's ballot is expected to be mailed and the address where the ballot will be mailed. If the upcoming election is a partisan open primary election and the voter is not registered as a member of one of the political parties that is recognized for purposes of that primary, the notice shall include information on the procedure for the voter to designate a political party ballot. The notice shall be delivered with return postage prepaid and shall also include a means for the voter to do any of the following: 1. Change the mailing address for the voter's ballot to another location in the voter's county of residence. 2. Update the voter's residence address in the voter's county of residence. 3. Request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice. E. G. If the notice that is mailed to the voter is returned undeliverable by the postal service, the county recorder or other officer in charge of elections shall take the necessary steps to contact the voter at the voter's new residence address in order to update that voter's address or to move the voter to inactive status as prescribed in section 16-166, subsection A. If a voter is moved to inactive status, the voter shall be removed from the active early voting list. If the voter is removed from the active early voting list, the voter shall only be added to the active early voting list again if the voter submits a new request pursuant to this section. F. H. Not later than the first day of early voting, the county recorder or other officer in charge of elections shall mail an early ballot to all eligible voters included on the active early voting list in the same manner prescribed in section 16-542, subsection C. If the voter has not returned the notice or otherwise notified the election officer within forty-five days before the election that the voter does not wish to receive an early ballot by mail for the election or elections indicated, the ballot shall automatically be scheduled for mailing. G. I. If a voter who is on the active early voting list is not registered as a member of a recognized political party and fails to notify the county recorder of the voter's choice for political party ballot within forty-five days before a partisan open primary election, the following apply: 1. The voter shall not automatically be sent a ballot for that partisan open primary election only and the voter's name shall remain on the active early voting list for future elections. 2. To receive an early ballot for the primary election, the voter shall submit the voter's choice for political party ballot to the county recorder. H. J. After a voter has requested to be included on the active early voting list, the voter shall be sent an early ballot by mail automatically for any election at which a voter at that residence address is eligible to vote until any of the following occurs: 1. The voter requests in writing to be removed from the active early voting list. 2. 2. The voter's registration or eligibility for registration is moved to inactive status or canceled as otherwise provided by law. 3. 3. The notice sent by the county recorder or other officer in charge of elections is returned undeliverable and the county recorder or officer in charge of elections is unable to contact the voter to determine the voter's continued desire to remain on the list. 4. 4. The voter fails to vote an early ballot in all elections for two consecutive election cycles. For the purposes of this paragraph, "election" means any regular primary or regular general election for which there was a federal race on the ballot or for which a city or town candidate primary or first election or city or town candidate second, general or runoff election was on the ballot. This paragraph does not apply to: (a) A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections. (b) A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter. {{I.}} {{K.}} A voter may make a written request at any time to be removed from the active early voting list. The request shall include the voter's name, residence address, date of birth and signature. On receipt of a completed request to remove a voter from the active early voting list, the county recorder or other officer in charge of elections shall remove the voter's name from the list as soon as practicable. {{J.}} {{L.}} An absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20310) is eligible to be placed on the active early voting list pursuant to this section. {{K.}} {{M.}} A voter's failure to vote an early ballot once received does not constitute grounds to remove the voter from the active early voting list, except that a county recorder shall remove a voter from the active early voting list if both of the following apply: 1. The county recorder or other officer in charge of elections complies with subsection M O of this section. 2. The voter fails to vote using an early ballot in all of the following elections for two consecutive election cycles: (a) A regular primary and regular general election for which there was a federal race on the ballot. (b) A city or town candidate primary or first election and a city or town candidate second, general or runoff election. {{L.}} {{N.}} On or before January 15 of each odd-numbered year, the county recorder or other officer in charge of elections shall send a notice to each voter who is on the active early voting list and who did not vote an early ballot in all elections for two consecutive election cycles as prescribed by subsection {{K }} {{M}} of this section. If the voter has provided the voter's telephone or mobile phone number or email address to the county recorder, the county recorder may additionally provide the notice to the voter by telephone call, text message or email. The notice shall inform the voter that if the voter wishes to remain on the active early voting list, the voter shall do both of the following with the notice received: 1. Confirm in writing the voter's desire to remain on the active early voting list. 2. Return the completed notice to the county recorder or other officer in charge of elections within ninety days after the notice is sent to the voter. The notice shall be signed by the voter and shall contain the voter's address and date of birth. {{M.}} {{O.}} If a voter receives a notice as prescribed by subsection {{L }} {{N}} of this section and the voter fails to respond within the ninety-day period, the county recorder or other officer in charge of elections shall remove the voter's name from the active early voting list. {{N. }} {{P.}} A candidate, political committee or other organization may distribute active early voting list request forms to voters. If the active early voting list request forms include a printed address for return, that address shall be the political subdivision that will conduct the election. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the active early voting list request. {{O.}} {{Q.}} All original and completed active early voting list request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate or political committee or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political committee or other organization that fails to submit a completed active early voting list request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed active early voting list request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony. {{P.}} {{R.}} A person who receives an early ballot at an address at which another person formerly resided, without voting the ballot or signing the envelope, shall write "not at this address" on the envelope and place the mail piece in a United States postal service collection box or other mail receptacle. On receipt, the county recorder or other officer in charge of elections shall proceed in the manner prescribed in subsection {{E }} {{G}} of this section. {{Q.}} {{S.}} When the county recorder receives confirmation from another county that a person registered has registered to vote in that other county, the county recorder shall remove that person from the active early voting list. {{R.}} {{T.}} If the county recorder receives credible information that a person has registered to vote in a different county, the county recorder shall confirm the person's voter registration with that other county and, on confirmation, shall remove that person from the county's active early voting list pursuant to subsection {{Q }} {{S}} of this section. {{S.}} {{U.}} For the purposes of this section, "election cycle" means the two-year period beginning on January 1 in the year after a statewide general election or, for cities and towns, the two-year period beginning on the first day of the calendar quarter after the calendar quarter in which the city's or town's second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city's or town's immediately following second, runoff or general election is scheduled, however that election is designated by the city or town. END_STATUTE {{t. For the purposes of Arizona law: 1. "Election cycle" means the period between a general election and the subsequent general election. 2. "Voter's signature on the voter's registration form" and "SIGNATURE of the elector on or in the elector's registration record" and all SUBSTANTIALLY similar phrases shall have the identical meaning of being the signature the voter provided on the form prescribed in section 16-152.}}Sec. 6. Section 16-547, Arizona Revised Statutes, is amended to read: START_STATUTE16-547. Mail affidavit; form A. The early ballot shall be accompanied by an envelope bearing on the front the name, official title and post office address of the recorder or other officer in charge of elections and {{on the other side}} a printed affidavit {{and space for voter to write the voter's early voter ID number that can be concealed by the voter when delivered or mailed to the county recorder, the affidavit shall include a statement}} in substantially the following form: I declare the following under penalty of perjury: I am a registered voter in ___________ county Arizona, I have not voted and will not vote in this election in any other county or state, I understand that knowingly voting more than once in any election is a class 5 felony and I voted the enclosed ballot and signed this mail affidavit personally unless noted below. If the voter was assisted by another person in marking the ballot, complete the following: I declare the following under penalty of perjury: At the registered voter's request I assisted the voter identified in this mail affidavit with marking the voter's ballot, I marked the ballot as directly instructed by the voter, I provided the assistance because the voter was physically unable to mark the ballot solely due to illness, injury or physical limitation and I understand that there is no power of attorney for voting and that the voter must be able to make the voter's selection even if the voter cannot physically mark the ballot. Name of voter assistant: ___________________ Address of voter assistant: ________________ B. The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by the applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20301). Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters. C. The officer charged by law with the duty of preparing ballots at any election shall ensure that the early ballot is sent in an envelope that states substantially the following: If the addressee does not reside at this address, mark the unopened envelope "return to sender" and deposit it in the United States mail. D. The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the mail affidavit, mark the ballot and return both in the enclosed self-addressed envelope that complies with section 16-545, and: 1. Through 2025, the instructions shall include the following statement: In order to be valid and counted, the ballot and mail affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county not later than 7:00 p.m. on election day. The ballot will not be counted without the voter's signature on the envelope. (WARNING It is a felony to offer or receive any compensation for a ballot.) 2. Beginning in 2026 {{and until 2027}}, the instructions {{for a county that provides on-site tabulation of ballots pursuant to section 16-579.01 or 16-579.02}} shall include the following statement: In order to be valid and counted, the mail affidavit that contains the mail ballot must have the voter's {{signature}} {{early voter ID number}} on the envelope and must be returned to the office of the county recorder by any one of the following methods: (a) {{Delivering}} {{mailing}} it to the office of the county recorder or other officer in charge of elections{{ where it must be received}} not later than 7:00 p.m. on election day. (b) {{Depositing it at any polling place in the county not later than 7:00 p.m. on election day.}} {{Hand delivering it to the office of the county recorder or officer in charge of elections not later than 7:00 P.M. on election day.}} {{(c) Bringing the ballot to any polling place in the county not later than 7:00 p.m. on election day and choosing to present valid identification that complies with section 16-579, subsection A, paragraph 1, Arizona Revised Statutes.}} {{(c) DEPOSITING it at any voting location in the county by 7:00 P.M. on the Friday before election day. (d) After 7:00 P.M. on the Friday before election day, bringing the ballot to any voting location in the county that offers on-site tabulation and submitting it to the election officials in the county by 7:00 P.M. on the Friday before election day. (d) After 7:00 P.M. on the Friday before election day, bringing the ballot to any voting location in the county that offers on-site tabulation and submitting it to the election officials for separation from the envelope and processing as required by the county. {{3. Beginning in 2027, the instructions shall include the following statement:}} abc. {{IN ORDER TO BE VALID AND COUNTED, THE MAILED AFFIDAVIT THAT CONTAINS THE MAILED BALLOT MUST HAVE THE VOTER'S EARLY VOTER ID NUMBER ON THE ENVELOPE AND MUST BE RETURNED TO THE OFFICE OF THE COUNTY RECORDER BY ONE OF THE FOLLOWING METHODS: (a) DEPOSITING IT IN A SECURE IDENTIFIED CONTAINER AT ANY EARLY VOTING LOCATION IN THE COUNTY NO LATER THAN 7:00 P.M. ON THE LAST FRIDAY BEFORE ELECTION DAY. (b) DELIVERING IT TO THE OFFICE OF THE COUNTY RECORDER OR ANY OTHER OFFICER IN CHARGE OF ELECTIONS NO LATER THAN 7 P.M. ON ELECTION DAY. (c) ON ELECTION DAY, BRINGING THE BALLOT TO THE OFFICE OF THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS WHICH, ON ELECTION DAY, WILL BE THE ONLY VALID LOCATION FOR RECEIVING THE COMPLETED BALLOT, WHICH MUST BE HAND DELIVERED.}} [{{IN ORDER TO BE VALID AND COUNTED, THE MAILED AFFIDAVIT THAT CONTAINS THE MAILED BALLOT MUST HAVE THE VOTER'S EARLY VOTER ID NUMBER ON THE ENVELOPE AND MUST BE RETURNED TO THE OFFICE OF THE COUNTY RECORDER BY ONE OF THE FOLLOWING METHODS: (a) DEPOSITING IT IN A SECURE IDENTIFIED CONTAINER AT ANY EARLY VOTING LOCATION IN THE COUNTY NO LATER THAN 7:00 P.M. ON THE LAST FRIDAY BEFORE ELECTION DAY. (b) DELIVERING IT TO THE OFFICE OF THE COUNTY RECORDER OR ANY OTHER OFFICER IN CHARGE OF ELECTIONS NO LATER THAN 7 P.M. ON ELECTION DAY. (c) ON ELECTION DAY, BRINGING THE BALLOT TO THE OFFICE OF THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS WHICH, ON ELECTION DAY, WILL BE THE ONLY VALID LOCATION FOR RECEIVING THE COMPLETED BALLOT, WHICH MUST BE HAND DELIVERED.}}] {{3. Beginning in 2026, the instructions for a county that does not provide on-site tabulation of ballots pursuant to section 16-579.01 or 16-579.02 shall include the following statement: In order to be valid and counted, the mail AFFIDAVIT that contains the mail ballot MUST have the voter's signature on the envelope and must be RETURNED to the office of the county recorder by any one that does not provide on-site tabulation of ballots pursuant to section 16-579.01 or 16-579.02 shall include the following statement: In order to be valid and counted, the mail AFFIDAVIT that contains the mail ballot MUST have the voter's signature on the envelope and must be RETURNED to the office of the county recorder by any one of the following methods: (a) Mailing it to the office of the county recorder or other officer in charge of elections, which must be received not later than 7:00 P.M. on election day. (b) Hand delivering it to the office of the county recorder or officer in charge of elections not later than 7:00 P.M. on election day. (c) Depositing it at any voting location in the county not later than 7:00 P.M. on the Friday before election day. (d) After 7:00 P.M. on the Friday before election day, bringing the ballot to any polling place in the county not later than 7:00 p.m. on election day and presenting identification that complies with section 16-579, subsection A, paragraph 1, Arizona Revised Statutes. (WARNING It is a felony to offer or receive any which must be received not later than 7:00 P.M. on election day. (b) Hand delivering it to the office of the county recorder or officer in charge of elections not later than 7:00 P.M. on election day. (c) Depositing it at any voting location in the county not later than 7:00 P.M. on the Friday before election day. (d) After 7:00 P.M. on the Friday before election day, bringing the ballot to any polling place in the county not later than 7:00 p.m. on election day and presenting identification that complies with section 16-579, subsection A, paragraph 1, Arizona Revised Statutes (WARNING It is a felony to offer or receive any compensation for a ballot.)}} (WARNING It is a felony to offer or receive any compensation for a ballot.) E. The printed instructions prescribed by subsection D of this section shall also include the following information regarding section 16-1005, subsections H and I in substantially the following form: A person may only handle or return {{their}} {{ the person's}} own ballot or the ballot of family members, household members or persons for whom {{they are}} {{the person is}} a caregiver. It is unlawful under section 16-1005, Arizona Revised Statutes, to handle or return the ballot of any other person. END_STATUTE Sec. 7. Section 16-548, Arizona Revised Statutes, is amended to read: START_STATUTE16-548. Preparation and transmission of ballot A. The early voter shall make and sign the affidavit and shall then mark his the ballot in {{such}} a manner that his the early voter's vote cannot be seen. The early voter shall fold the ballot, if a paper ballot, so as to conceal the vote{{,}} {{and}} deposit the voted ballot in the envelope provided for that purpose, which shall be securely sealed and, together with the affidavit, {{delivered or}} {{return the voted ballot by one of the following methods: 1.}} {{mMailed}} {{Mail the voted ballot }} to the county recorder or other officer in charge of elections of the political subdivision in which the {{elector}} {{voter}} is registered {{or deposited by the voter or the voter's agent at any polling place in the county}}. {{Through 2026,}} In order to be counted and valid, the ballot must be received by the county recorder or other officer in charge of elections {{or deposited at any polling place in the county}} no not later than 7:00 p.m. on election day. {{2. Hand deliver the voted ballot to the office of the county recorder or other officer in charge of elections of the political subdivision in which the voter is registered. In order to be counted and valid, the ballot must be received by the county RECORDER or other officer in charge of elections not later than 7:00 P.M. on election day. 3. Deposit the voted ballot at any voting location in the county. In order to be counted and valid, the ballot must be received county recorder or other officer in charge of elections of the political subdivision in which the voter is registered. In order to be counted and valid, the ballot must be received by the county RECORDER or other officer in charge of elections not later than 7:00 P.M. on election day. 3. Deposit the voted ballot at any voting location in the county. In order to be counted and valid, the ballot must be received at the voting location not later than 7:00 P.M. on the Friday before election day.}} {{B. Beginning in 2027, the voted ballot and affidavit must be deposited in a secure receptacle at any early voting location in the county not later than 7:00 p.m. on the Friday before election day, delivered to the office of the county recorder or other officer in charge of elections not later than 7:00 p.m. on election day or, on election day, brought by hand delivery to the office of the county recorder or other officer in charge of elections before 7:00 p.m., which is the only valid location for receiving the voted mail ballot by hand delivery on election day.}} {{B. A person who appears personally at an early voting location established pursuant to section 16-542 during the period of early voting, including on the Saturday, sunday and Monday before election day, shall present identification as prescribed by section 16-579, sign the early voter affidavit, mark the ballot in a manner that the early voter's vote cannot be seen and return the voted ballot to the election official at the early voting location. for a county that provides for on-site tabulation of ballots pursuant to section 16-579.01 during the Saturday, Sunday or Monday immediately preceding election day, the following apply: 1. The early voter shall appear personally at the on-site tabulation location and submit the voter's early ballot and affidavit. 2. The election official shall allow the early voter to tabulate the early ballot on-site as prescribed by sections 16-579.01 and 16-579.02. C. For early ballots that are cast in person pursuant to subsection B of this section, the officer in charge of elections shall ensure that chain of custody procedures for these early ballots are identical to those prescribed for in-person election day voting.}} B. {{C.}} {{D. }}If the early voter is an overseas citizen, a qualified elector absent from the United States or in the United States service, a spouse or dependent residing with the early voter or a qualified elector of a special district mail ballot election as provided in article 8.1 of this chapter, the early voter may subscribe to the affidavit before and obtain the signature and military identification number or passport number, if available, of any person who is a United States citizen eighteen years of age or older. END_STATUTE Sec. 8. Section 16-551, Arizona Revised Statutes, is amended to read: START_STATUTE16-551. Early election board; violation; classification A. The board of supervisors or the governing body of the political subdivision shall appoint one or more early election boards to serve at places to be designated by the board of supervisors or the governing body to canvass and tally early election ballots. Members of early election boards shall be selected in accordance with the provisions for selecting members of regular election boards as provided in section 16-531. B. If an electronic voting system is in use for early voting, the early election board shall consist of at least one inspector and two judges who shall perform the processing requirements in accordance with the rules issued by the secretary of state. The inspector and judges shall be appointed in the same manner by party as provided in section 16-531. C. All early ballots received by the county recorder or other officer in charge of elections before 7:00 p.m. on election day and the original mail ballot affidavit of the voter shall be delivered to the early election boards for processing as provided in the rules of the secretary of state. Beginning in 2026, all early ballots that are delivered by a voter to a voting location without presenting identification that complies with section 16-579, subsection A, paragraph 1 must be signature verified. The office of the county recorder or other officer in charge of elections shall remain open until 7:00 p.m. on election day for the purpose of receiving early ballots. Partial or complete tallies of the early election board shall not be released or divulged before all precincts have reported or one hour after the closing of the polls on election day, whichever occurs first. Any person who unlawfully releases information regarding vote tallies or who possesses a tally sheet or summary without authorization from the recorder or officer in charge of elections is guilty of a class 6 felony. D. The county recorder or other officer in charge of elections shall count the number of early ballots that are returned at voting locations on election day and shall post on its website those totals with the last unofficial results that are released on election night pursuant to section 16-622. Beginning with the day following the election, the county recorder or other officer in charge of elections shall enter into the county's ballot tracking system, if established, early ballots that were returned at the voting location on election day. E. The necessary printed blanks for poll lists, tally lists, lists of voters, ballots, oaths and returns, together with envelopes in which to enclose the returns, shall be furnished by the board of supervisors or the governing body of the political subdivision to the early election board for each election precinct at the expense of the county or the political subdivision. END_STATUTESTART_STATUTESec. 9. Section 16-552, Arizona Revised Statutes, is amended to read: 16-552. Early ballots; processing; challenges A. In a jurisdiction that uses optical scan ballots, the officer in charge of elections may use the procedure prescribed by this section or may request approval from the secretary of state for a different method for processing early ballots. The request shall be made in writing at least ninety days before the election for which the procedure is intended to be used. After the election official has confirmed with the secretary of state that all election equipment passes the logic and accuracy test, the election official may begin to count early ballots. No early ballot results may be released except as prescribed by section 16-551. B. EXCEPT FOR A PERSON WHO VOTES PERSONALLY AT AN EARLY VOTING LOCATION DURING THE PERIOD OF EARLY VOTING AS PRESCRIBED BY SECTION 16-548, SUBSECTION B, the early election board shall check the voter's mail {{ballot}} affidavit on the envelope containing the early ballot. If it is found to be sufficient, the vote shall be allowed. If the mail ballot affidavit is insufficient, the vote shall not be allowed. Beginning in 2026, for an early ballot that is received and verified as prescribed by section 16-579, subsection A, paragraph 4, additional signature verification is not required. C. The county chairman of each political party represented on the ballot, by written appointment addressed to the early election board, may designate party representatives and alternates to act as early ballot challengers for the party. No party may have more than the number of such representatives or alternates that were mutually agreed on by each political party to be present at one time. If such agreement cannot be reached, the number of representatives shall be limited to one for each political party. D. An early ballot may be challenged on any grounds set forth in section 16-591. All challenges shall be made in writing with a brief statement of the grounds before the early ballot is placed in the ballot box. A record of all challenges and resulting proceedings shall be kept in substantially the same manner as provided in section 16-594. If an early ballot is challenged, it shall be set aside and retained in the possession of the early election board or other officer in charge of early ballot processing until a time that the early election board sets for determination of the challenge, subject to the procedure in subsection E of this section, at which time the early election board shall hear the grounds for the challenge and shall decide what disposition shall be made of the early ballot by majority vote. If the early ballot is not allowed, it shall be handled pursuant to subsection G of this section. E. Within twenty-four hours of receipt of a challenge, the early election board or other officer in charge of early ballot processing shall mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the request for an early ballot or, if none was provided, to the mailing address shown on the registration rolls. Notice shall also be mailed to the challenger at the address listed on the written challenge and provided to the county chairman of each political party represented on the ballot. The board shall meet to determine the challenge at the time specified by the notice but, in any event, not earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m. on the Monday following the election. The board shall provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge. The board may decline to permit comments, either in person or in writing, by anyone other than the voter, the challenger and the party representatives. The burden of proof is on the challenger to show why the voter should not be permitted to vote. The fact that the voter fails to appear shall not be deemed to be an admission of the validity of the challenge. The early election board or other officer in charge of early ballot processing is not required to provide the notices described in this subsection if the written challenge fails to set forth at least one of the grounds listed in section 16-591 as a basis for the challenge. In that event, the challenge will be summarily rejected at the meeting of the board. Except for election contests pursuant to section 16-672, the board's decision is final and may not be appealed. F. If the vote is allowed, the board shall open the envelope containing the ballot in such a manner that the mail ballot affidavit thereon is not destroyed, take out the ballot without unfolding it or permitting it to be opened or examined and show by the records of the election that the elector has voted. G. If the vote is not allowed, the mail ballot affidavit envelope containing the early ballot shall not be opened and the board shall mark across the face of such envelope the grounds for rejection. The mail ballot affidavit envelope and its contents shall then be deposited with the opened mail ballot affidavit envelopes and shall be preserved with official returns. If the voter does not enter an appearance, the board shall send the voter a notice stating whether the early ballot was disallowed and, if disallowed, providing the grounds for the determination. The notice shall be mailed by first class mail to the voter's mailing address as shown on the registration rolls within three days after the board's determination. H. Party representatives and alternates may be appointed as provided in subsection C of this section to be present and to challenge the verification of questioned ballots pursuant to section 16-584 on any grounds allowed by this section. Questioned ballots that are challenged shall be presented to the early election board for decision under the provisions of this section.END_STATUTE Sec. 10. Section 16-579.01, Arizona Revised Statutes, is amended to read: START_STATUTE16-579.01. Early ballots; on-site tabulation A. Every county recorder or other officer in charge of elections may provide for a qualified elector who appears at that elector's designated polling location or at a voting center at any time during the period of early voting and on election day with the elector's voted early ballot to have the elector's voted early ballot tabulated as prescribed in section 16-579.02. B. The county recorder or other officer in charge of elections shall do all of the following if the on-site tabulation of early ballots is allowed: 1. Designate an area within a precinct or voting center for processing electors with their voted early ballots that is physically separate from the area for voters who are voting pursuant to section 16-579. 2. Provide adequate poll workers, election officials and equipment necessary to conduct voting pursuant to this section and section 16-579.02. 3. Categorize and tally separately in the official canvass and other reports electors whose voted early ballots are tabulated at the precinct or voting center. The tally shall be reported by precinct in the official canvass and other voting reports. 4. Reconcile for that polling place or voting center the number of electors who appear on the signature roster or e-pollbook electronic pollbook with the number of completed early ballot affidavits and the voted early ballots tabulated on-site. END_STATUTE ≤≤Sec. 11. Severability If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.≤≤<<Sec. 9. Section 16-579.02, Arizona Revised Statutes, is amended to read: Sec. 12. Legislative findings The legislature finds that: 1. Arizona takes far longer than most other states to report its final vote tabulations for elections. 2. The most significant causal factor in Arizona's delayed vote count is matching signatures to the signatures in the voter file for envelopes for early ballots that are returned on or shortly before election day, sometimes called "late early ballots". 3. Another cause of administrative delays in Arizona elections is the recent surge in emergency voting during the weekend before election day. Originally intended to accommodate voters with bona fide last-minute emergencies that would otherwise interfere with voting, emergency voting has recently shifted to an unauthorized expansion of the early voting period without any meaningful confirmation that voters are, in fact, burdened by a last-minute emergency that would otherwise prevent them from voting. This recent expansion of emergency voting diverts scarce resources from elections officials' offices at the very end of the election cycle, when time and manpower are most precious, that otherwise could be used to fully process early ballots, ensure smooth operations on election day and facilitate the prompt reporting of election results. 4. Arizona's delayed results are sometimes perceived as evidence of election worker incompetence or inefficiency or as an opportunity for unscrupulous participants to affect the ballot tabulation process improperly. In this way, Arizona's delay in reporting final numbers reduces public confidence in Arizona's voting system. 5. By decentralizing and streamlining the process for confirming voter identity associated with late early ballots and eliminating emergency voting during the days immediately before election day, Arizona can substantially reduce administrative burdens, speed up the ballot tabulation process and increase confidence in the electoral system. 6. By enlarging the overall early voting period and maintaining other voting rights and processes such as in-person early voting, in person election day voting, early voting by mail through the Friday before election day, special election boards, accessible voting systems and translations for protected language groups, the proposed changes in Arizona election administration processes will not have a substantial net effect on either access to or the ease of voting in Arizona. a. A FOREIGN GOVERNMENT SHALL NOT knowingly GIVE AND A PERSON, entity OR COMMITTEE SHALL NOT knowingly ACCEPT OR USE MONIES OR IN-KIND GOODS OR SERVICES that are CONTRIBUTED BY A FOREIGN GOVERNMENT or a foreign nongovernmental source TO INFLUENCE THE OUTCOME OF AN ELECTION ON a BALLOT MEASURE. b. a person, entity or committee that is required to file campaign finance reports pursuant to section 16-926 shall certify under penalty of perjury in those reports that the person, entity or committee has not accepted or used monies or in-kind goods or services in violation of subsection a of this section. C. For the purposes of this section: 1. Foreign government does not include federally recognized sovereign tribal nations. 2. "Foreign nongovernmental source": (a) Means an individual who is not a United States citizen or national. (b) Does not include federally recognized sovereign tribal nations. ≥≥ }}≥≥Sec. 13. Short title This act may be cited as the "{{Florida-Style Election}} {{Arizona Free and Fair Elections}} Act". 2.2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona. |
|---|
| 78 | + | Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to elections, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor: AN ACT amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding sections 16-407.04 and 16-407.05; Amending sections 16-544, 16-547, 16-548, 16-550 and 16-560.01, Arizona Revised Statutes; AMENDING TITLE 16, CHAPTER 6, ARTICLE 1.2, ARIZONA REVISED STATUTES, BY ADDING SECTION 16-919; relating to elections. Be it enacted by the Legislature of the State of Arizona: Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 16-407.04 and 16-407.05, to read: START_STATUTE16-407.04. Donations from a foreign source; election administration; certification; records; reports; civil penalty; definitions a. a government entity in this state may not use monies or in-kind goods or services that are donated, directly or indirectly, by a foreign GOVERNMENT or any foreign nongovernmental source for election ADMINISTRATION. b. A person or vendor that PROVIDES services to a government entity for election administration shall provide a certification to the secretary of state that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. The person shall annually update the certification. If the person obtains information that was unknown at the time of the initial certification, the person shall update the initial certification within five business days to reflect the new information and shall include a new statement that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. THIS subsection DOES NOT APPLY TO A PERSON OR ORGANIZATION WHEN PROVIDING A FACILITY THAT SERVES AS a VOTING LOCATION. c. The secretary of state shall require government entities to provide to the secretary of state a quarterly report that lists any person or vendor that provides services to that government entity for election administration. The secretary of state shall notify the government ENTITY by email if the government ENTITY fails to file its quarterly report prescribed by this section and advise the government ENTITY THAT section 16-407.05 provides for possible enforcement actions. d. The secretary of state shall maintain records of the certifications prescribed by this section and shall post these certifications on the secretary of state's website. e. A person or vendor that fails to provide the certification PRESCRIBED by this section or that provides an inaccurate certification to the secretary of state invalidates any agreement with the government entity, and the state, county or local government entity is barred from entering into or continuing any agreement with that person. f. A person or vendor that knowingly fails to provide an accurate initial or updated certification as prescribed by this section is liable for a civil penalty in the amount of three times the money paid or contracted to be paid by the government entity, which shall be paid to the first successful litigant under this section. The controlling person of any vendor shall be jointly and severally liable to pay that amount. G. For the purposes of this section: 1. Foreign government does not include federally recognized sovereign tribal nations. 2. "Foreign nongovernmental source": (a) Means an individual who is not a United States citizen or national. (b) Does not include federally recognized sovereign tribal nations. 3. "Person": (a) Means an individual or a corporation or other entity as defined in section 16-901. (b) dOES NOT INCLUDE POLL WORKERS. END_STATUTE START_STATUTE16-407.05. Enforcement; private right of action a. Any qualified elector or any state officer acting in the officer's official capacity may bring a civil action to do any or all of the following: 1. Enjoin a violation of section 16-407.04. 2. Enforce any provision of section 16-407.04. b. If the claimant prevails in an action brought under subsection a of this section, the court shall award: 1. Injunctive relief sufficient to prevent the defendant from violating section 16-407.04 or engaging in acts that aid or abet violations of section 16-407.04. 2. damages in the amount of $1,000 per day from the date of noncompliance until the defendant comes into compliance, adjusted for inflation as prescribed by the consumer price index along with any civil penalty amounts prescribed by section 16-407.04. 3. Costs and attorney fees. c. The remedies, duties, prohibitions and penalties prescribed by this section and section 16-407.04 are in addition to all other causes of action, remedies and penalties provided by law. END_STATUTE Sec. 2. Section 16-544, Arizona Revised Statutes, is amended to read: START_STATUTE16-544. Active early voting list; unique number; civil penalty; violation; classification; definitions A. Any voter may request to be included on a list of voters to receive an early ballot by mail for any election for which the county voter registration roll is used to prepare the election register as prescribed by this section. The county recorder of each county shall maintain the active early voting list as part of the voter registration roll and shall issue a unique early voter ID number to each voter on the list. The early voter ID number does not constitute a public record and shall be protected as personal identifying information. B. In order to be included on the active early voting list, the voter shall make a written request specifically requesting that the voter's name be added to the active early voting list for all elections in which the applicant is eligible to vote and shall confirm the voter's address each election cycle thereafter to obtain an early ballot for ELECTIONS in that election cycle. An early voter request form shall conform to requirements prescribed in the instructions and procedures manual issued pursuant to section 16-452. The application shall allow for the voter to provide the voter's name, residence address, mailing address in the voter's county of residence, date of birth and signature and shall state that the voter is attesting that the voter is a registered voter who is eligible to vote in the county of residence. The voter shall not list a mailing address that is outside of this state for the purpose of the active early voting list unless the voter is an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20310). In lieu of the application, the applicant may submit a written request that contains the required information. C. On receipt of a request to be included on the active early voting list, the county recorder or other officer in charge of elections shall verify the voter's IDENTITY and address using the voter's early voter ID number or, for voters who have not been PREVIOUSLY issued an early voter ID number, compare the signature on the request form with the voter's signature on the voter's registration form and, if the request is from the voter, shall mark the voter's registration file as an active early ballot request. If the county recorder or other officer in charge of elections is unable to verify the voter's identity and address as prescribed by this subsection, the county recorder or other officer in charge of elections shall reject the voter's application to be placed on the active early voting list. D. Not less than ninety days before any polling place election scheduled in March or August, the county recorder or other officer in charge of elections shall mail to all voters who are eligible for the election and who are included on the active early voting list an election notice by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification. If an election is not formally called by a jurisdiction by the one hundred eightieth day before the election, the recorder or other officer in charge of elections is not required to send the election notice. The notice shall include the dates of the elections that are the subject of the notice, the dates that the voter's ballot is expected to be mailed and the address where the ballot will be mailed. If the upcoming election is a partisan open primary election and the voter is not registered as a member of one of the political parties that is recognized for purposes of that primary, the notice shall include information on the procedure for the voter to designate a political party ballot. The notice shall be delivered with return postage prepaid and shall also include a means for the voter to do any of the following: 1. Change the mailing address for the voter's ballot to another location in the voter's county of residence. 2. Update the voter's residence address in the voter's county of residence. 3. Request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice. E. If the notice that is mailed to the voter is returned undeliverable by the postal service, the county recorder or other officer in charge of elections shall take the necessary steps to contact the voter at the voter's new residence address in order to update that voter's address or to move the voter to inactive status as prescribed in section 16-166, subsection A. If a voter is moved to inactive status, the voter shall be removed from the active early voting list. If the voter is removed from the active early voting list, the voter shall only be added to the active early voting list again if the voter submits a new request pursuant to this section. F. Not later than the first day of early voting, the county recorder or other officer in charge of elections shall mail an early ballot to all eligible voters included on the active early voting list in the same manner prescribed in section 16-542, subsection C. If the voter has not returned the notice or otherwise notified the election officer within forty-five days before the election that the voter does not wish to receive an early ballot by mail for the election or elections indicated, the ballot shall automatically be scheduled for mailing. G. If a voter who is on the active early voting list and who requested an early ballot for a partisan primary election is not registered as a member of a recognized political party and fails to notify the county recorder of the voter's choice for political party ballot within forty-five days before a partisan open primary election, the following apply: 1. The voter shall not automatically be sent a ballot for that partisan open primary election only and the voter's name shall remain on the active early voting list for future elections. 2. To receive an early ballot for the primary election, the voter shall submit the voter's choice for political party ballot to the county recorder. H. After a voter has requested to be included on the active early voting list, the voter shall be sent an early ballot by mail automatically for any election at which a voter at that residence address is eligible to vote. the voter may continue to be on the active early voting list if the voter confirms the voter's mailing address once each election CYCLE. the COUNTY recorder shall allow the voter to confirm the voter's address by TELEPHONE, in writing or online, and shall provide for at least two of those methods of confirmation. the voter shall be sent an early ballot by mail until any of the following occurs: 1. the voter fails to confirm the voter's address during an election cycle. 1. 2. The voter requests in writing to be removed from the active early voting list. 2. 3. The voter's registration or eligibility for registration is moved to inactive status or canceled as otherwise provided by law. 3. 4. The notice sent by the county recorder or other officer in charge of elections is returned undeliverable and the county recorder or officer in charge of elections is unable to contact the voter to determine the voter's continued desire to remain on the list. 4. 5. The voter fails to vote an early ballot in all elections for two consecutive election cycles. For the purposes of this paragraph, "election" means any regular primary or regular general election for which there was a federal race on the ballot or for which a city or town candidate primary or first election or city or town candidate second, general or runoff election was on the ballot. This paragraph does not apply to: (a) A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections. (b) A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter. I. A voter may make a written request at any time to be removed from the active early voting list. The request shall include the voter's name, residence address, date of birth and signature. On receipt of a completed request to remove a voter from the active early voting list, the county recorder or other officer in charge of elections shall remove the voter's name from the list as soon as practicable. J. An absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20310) is eligible to be placed on the active early voting list pursuant to this section. K. A voter's failure to vote an early ballot once received does not constitute grounds to remove the voter from the active early voting list, except that a county recorder shall remove a voter from the active early voting list if both of the following apply: 1. The county recorder or other officer in charge of elections complies with subsection M of this section. 2. The voter fails to vote using an early ballot in all of the following elections for two consecutive election cycles: (a) A regular primary and regular general election for which there was a federal race on the ballot. (b) A city or town candidate primary or first election and a city or town candidate second, general or runoff election. L. On or before January 15 of each odd-numbered year, the county recorder or other officer in charge of elections shall send a notice to each voter who is on the active early voting list and who did not vote an early ballot in all elections for two consecutive election cycles as prescribed by subsection K of this section. If the voter has provided the voter's telephone or mobile phone number or email address to the county recorder, the county recorder may additionally provide the notice to the voter by telephone call, text message or email. The notice shall inform the voter that if the voter wishes to remain on the active early voting list, the voter shall do both of the following with the notice received: 1. Confirm in writing the voter's desire to remain on the active early voting list. 2. Return the completed notice to the county recorder or other officer in charge of elections within ninety days after the notice is sent to the voter. The notice shall be signed by the voter and shall contain the voter's address and date of birth. M. If a voter receives a notice as prescribed by subsection L of this section and the voter fails to respond within the ninety-day period, the county recorder or other officer in charge of elections shall remove the voter's name from the active early voting list. N. A candidate, political committee or other organization may distribute active early voting list request forms to voters. If the active early voting list request forms include a printed address for return, that address shall be the political subdivision that will conduct the election. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the active early voting list request. O. All original and completed active early voting list request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate or political committee or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political committee or other organization that fails to submit a completed active early voting list request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed active early voting list request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony. P. A person who receives an early ballot at an address at which another person formerly resided, without voting the ballot or signing the envelope, shall write "not at this address" on the envelope and place the mail piece in a United States postal service collection box or other mail receptacle. On receipt, the county recorder or other officer in charge of elections shall proceed in the manner prescribed in subsection E of this section. Q. When the county recorder receives confirmation from another county that a person registered has registered to vote in that other county, the county recorder shall remove that person from the active early voting list. R. If the county recorder receives credible information that a person has registered to vote in a different county, the county recorder shall confirm the person's voter registration with that other county and, on confirmation, shall remove that person from the county's active early voting list pursuant to subsection Q of this section. S. For the purposes of this section, "election cycle" means the two-year period beginning on January 1 in the year after a statewide general election or, for cities and towns, the two-year period beginning on the first day of the calendar quarter after the calendar quarter in which the city's or town's second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city's or town's immediately following second, runoff or general election is scheduled, however that election is designated by the city or town. t. For the purposes of Arizona law: 1. "Election cycle" means the period between a general election and the subsequent general election. 2. "Voter's signature on the voter's registration form" and "SIGNATURE of the elector on or in the elector's registration record" and all SUBSTANTIALLY similar phrases shall have the identical meaning of being the signature the voter provided on the form prescribed in section 16-152.END_STATUTE Sec. 3. Section 16-547, Arizona Revised Statutes, is amended to read: START_STATUTE16-547. Mail affidavit; form A. The early ballot shall be accompanied by an envelope bearing on the front the name, official title and post office address of the recorder or other officer in charge of elections and on the other side a printed affidavit and space for voter to write the voter's early voter ID number that can be concealed by the voter when delivered or mailed to the county recorder, the affidavit shall include a statement in substantially the following form: I declare the following under penalty of perjury: I am a registered voter in ___________ county Arizona, I have not voted and will not vote in this election in any other county or state, I understand that knowingly voting more than once in any election is a class 5 felony and I voted the enclosed ballot and signed this mail affidavit personally unless noted below. If the voter was assisted by another person in marking the ballot, complete the following: I declare the following under penalty of perjury: At the registered voter's request I assisted the voter identified in this mail affidavit with marking the voter's ballot, I marked the ballot as directly instructed by the voter, I provided the assistance because the voter was physically unable to mark the ballot solely due to illness, injury or physical limitation and I understand that there is no power of attorney for voting and that the voter must be able to make the voter's selection even if the voter cannot physically mark the ballot. Name of voter assistant: ___________________ Address of voter assistant: ________________ B. The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by the applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20301). Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters. C. The officer charged by law with the duty of preparing ballots at any election shall ensure that the early ballot is sent in an envelope that states substantially the following: If the addressee does not reside at this address, mark the unopened envelope "return to sender" and deposit it in the United States mail. D. The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the mail affidavit, mark the ballot and return both in the enclosed self-addressed envelope that complies with section 16-545, and: 1. Through 2025, the instructions shall include the following statement: In order to be valid and counted, the ballot and mail affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county not later than 7:00 p.m. on election day. The ballot will not be counted without the voter's signature on the envelope. (WARNING It is a felony to offer or receive any compensation for a ballot.) 2. Beginning in 2026 and until 2027, the instructions shall include the following statement: In order to be valid and counted, the mail affidavit that contains the mail ballot must have the voter's signature early voter ID number on the envelope and must be returned to the office of the county recorder by any one of the following methods: (a) Delivering it to the office of the county recorder or other officer in charge of elections not later than 7:00 p.m. on election day. (b) Depositing it at any polling place in the county not later than 7:00 p.m. on election day. (c) Bringing the ballot to any polling place in the county not later than 7:00 p.m. on election day and choosing to present valid identification that complies with section 16-579, subsection A, paragraph 1, Arizona Revised Statutes. 3. Beginning in 2027, the instructions shall include the following statement: In order to be valid and counted, the mail affidavit that contains the mail ballot must have the voter's early voter ID number on the envelope and must be returned to the office of the county recorder by one of the following methods: (a) Depositing it in a secure receptacle at any early voting location in the county not later than 7:00 p.m. on the Friday before election day. (b) Delivering it to the office of the county recorder or other officer in charge of elections not later than 7:00 p.m. on election day. (c) On election day, bringing it to the office of the county recorder or other officer in charge of elections which, on election day, is the only valid location for receiving the voted mail ballot by hand delivery. (WARNING It is a felony to offer or receive any compensation for a ballot.) E. The printed instructions prescribed by subsection D of this section shall also include the following information regarding section 16-1005, subsections H and I in substantially the following form: A person may only handle or return their the person's own ballot or the ballot of family members, household members or persons for whom they are the person is a caregiver. It is unlawful under section 16-1005, Arizona Revised Statutes, to handle or return the ballot of any other person. END_STATUTE Sec. 4. Section 16-548, Arizona Revised Statutes, is amended to read: START_STATUTE16-548. Preparation and transmission of ballot A. The early voter shall make and sign the affidavit and shall then mark his the ballot in such a manner that his the early voter's vote cannot be seen. The early voter shall fold the ballot, if a paper ballot, so as to conceal the vote and deposit the voted ballot in the envelope provided for that purpose, which shall be securely sealed and, together with the affidavit, delivered or mailed to the county recorder or other officer in charge of elections of the political subdivision in which the elector is registered or deposited by the voter or the voter's agent at any polling place in the county. Through 2026, in order to be counted and valid, the ballot must be received by the county recorder or other officer in charge of elections or deposited at any polling place in the county no not later than 7:00 p.m. on election day. B. Beginning in 2027, the voted ballot and affidavit must be deposited in a secure receptacle at any early voting location in the county not later than 7:00 p.m. on the Friday before election day, delivered to the office of the county recorder or other officer in charge of elections not later than 7:00 p.m. on election day or, on election day, brought by hand delivery to the office of the county recorder or other officer in charge of elections before 7:00 p.m., which is the only valid location for receiving the voted mail ballot by hand delivery on election day. B. C. If the early voter is an overseas citizen, a qualified elector absent from the United States or in the United States service, a spouse or dependent residing with the early voter or a qualified elector of a special district mail ballot election as provided in article 8.1 of this chapter, the early voter may subscribe to the affidavit before and obtain the signature and military identification number or passport number, if available, of any person who is a United States citizen eighteen years of age or older. END_STATUTE Sec. 5. Section 16-550, Arizona Revised Statutes, is amended to read: START_STATUTE16-550. Receipt of voter's ballot; cure period; tracking system A. Except for early ballots tabulated as prescribed in section 16-579.02 or, beginning in 2026, received at a voting location after a voter's identification is confirmed as prescribed by section 16-579, subsection A, paragraph 4, on receipt of the envelope containing the early ballot and the mail ballot affidavit, the county recorder or other officer in charge of elections shall conduct signature verification as prescribed by this section and section 16-550.01. The county recorder or other officer in charge of elections shall compare the signature and early voter ID number on the envelope with the signature of the elector and the elector's name and address on the elector's registration record as prescribed by section 16-550.01 and on the early ballot security envelope. If the signature is inconsistent with the elector's signature on the elector's registration record, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the voter, advise the voter of the inconsistent signature and allow the voter to correct or the county to confirm the inconsistent signature. The county recorder or other officer in charge of elections shall allow signatures to be corrected not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election. If the election is a primary, general or special election that includes a federal office, in addition to the office's regular business hours, the county recorder's and any city or town clerks' offices that have an agreement with a county to be used as locations at which a voter may submit proof of identification shall be open during regular business hours to allow for curing signatures during the Friday and weekend before and the Friday and weekend after the election. Regular business hours include at a minimum 8:00 a.m. until 5:00 p.m. If the signature is missing, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the elector, advise the elector of the missing signature and allow the elector to add the elector's signature not later than 7:00 p.m. on election day. If satisfied that the signatures correspond and after compliance with section 16-550.01, the recorder or other officer in charge of elections shall hold the envelope containing the early ballot and the completed mail affidavit unopened in accordance with the rules of the secretary of state. Signatures that cannot be verified pursuant to section 16-550.01 or cured pursuant to this section shall be rejected. If the ballot is a conditional provisional ballot, the voter shall provide proof of identification to the county recorder or other officer in charge of elections not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election. Beginning with the first missing or mismatched signature that is identified after the period of early voting begins through the Monday immediately preceding the election, the county recorder or other officer in charge of elections shall submit daily to the political parties that are qualified for continued representation on the state ballot an updated list of all voters whose signatures are missing or inconsistent with the voter's signature on the voter's registration record. Beginning on the Wednesday immediately following the election through the end of the signature cure period after a primary, general or special election that includes a federal office, or the third business day after the election for any other election, the county recorder or other officer in charge of elections shall submit daily to the political parties that are qualified for continued representation on the state ballot an updated list of all voters whose signatures are inconsistent with the voter's signature on the voter's registration record and all voters who voted with a conditional provisional ballot. This list of voters whose signatures require curing shall include for those voters all voter information that is provided to the political parties that are qualified for continued representation on the state ballot as prescribed by section 16-168. B. The recorder or other officer in charge of elections shall thereafter safely keep the mail ballot affidavits and early ballots in the recorder's or other officer's office and may deliver them for tallying pursuant to section 16-551. C. Processing and tabulation of individual ballots may begin immediately after the envelope and completed mail ballot affidavit are processed pursuant to this section and delivered to the early election board and shall continue without delay until completed. Until election day, the early election board and the county recorder or other officer in charge of elections shall: 1. Not access an aggregated complete results file of early voting and vote by mail ballots that were processed and tabulated by the end of the early voting period. 2. Not produce for internal or external use an aggregated results report or associated files of complete results. 3. Only produce a partial results report or associated files if it is part of the internal preparation for the hand count pursuant to section 16-602 or for the logic and accuracy testing required pursuant to section 16-449. 4. Not publicly release complete or partial results, whether for internal or external use, until all precincts have reported or one hour after the closing of the polls on election day, whichever is earlier. D. The county recorder or other officer in charge of elections shall post on its website within forty-eight hours after all ballot tabulation is complete all system log files and other similar files from the election management system that verify compliance with subsection C of this section. E. The county recorder shall send a list of all voters who were issued early ballots to the election board of the precinct in which the voter is registered. F. For a county that uses early ballots, the county recorder or other officer in charge of elections shall provide an early ballot tracking system that indicates whether the voter's early ballot has been received and whether the early ballot has been verified and sent to be tabulated or rejected. The county recorder or other officer in charge of elections shall provide voters with access to the early ballot tracking system on the county's website. G. This section does not apply to: 1. A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections. 2. A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter. END_STATUTE Sec. 6. Section 16-550.01, Arizona Revised Statutes, is amended to read: START_STATUTE16-550.01. Signature verification; procedures A. Except for early ballots tabulated as prescribed in section 16-579.02, on receipt of the envelope containing the early ballot and the ballot affidavit, the county recorder or other officer in charge of elections shall conduct signature verification as prescribed by this section. B. The evaluator shall examine all the broad characteristics of the signature. If the broad characteristics of the signature on the ballot affidavit are clearly consistent with the broad characteristics of the voter's signature in the voter's registration record, the evaluator may accept the signature as valid COMPARE THE EARLY VOTER ID NUMBER ON THE ENVELOPE TO THE VOTER'S NAME AND ADDRESS IN THE VOTER'S REGISTRATION RECORD AND ON THE EARLY BALLOT SECURITY ENVELOPE. IF THE EARLY VOTER ID NUMBER MATCHES THE NAME AND ADDRESS IN THE VOTER'S REGISTRATION RECORD AND ON THE EARLY BALLOT SECURITY ENVELOPE, THE ENVELOPE SHALL BE OPENED AND THE BALLOT COUNTED. IF THE EARLY VOTER ID NUMBER DOES NOT MATCH THE NAME OR ADDRESS IN THE VOTER'S REGISTRATION RECORD THE PROCEDURES SET FORTH IN SECTION 16-550 FOR CURING SHALL BE FOLLOWED. IF THE ENVELOPE CANNOT BE VERIFIED PURSUANT TO THIS SUBsection or CURED PURSUANT TO SECTION 16-550, THE EARLY BALLOT SECURITY ENVELOPE SHALL NOT BE OPENED AND THE BALLOT THEREIN SHALL NOT BE COUNTED. C. If the evaluator finds discrepancies between the signature on the ballot affidavit and the voter's signature in the voter's registration record, the evaluator shall examine the local characteristics of the signature. If the local characteristics of the signature on the ballot affidavit are clearly consistent with the local characteristics of the voter's signature in the voter's registration record, the evaluator may accept the signature as valid. D. If the evaluator finds a combination of broad and local characteristic differences between the signature on the ballot affidavit and the voter's signature in the voter's registration record, the evaluator shall denote the signature for a second review that shall be conducted by an evaluator using the same standards prescribed by this section. E. Electronic signatures shall be evaluated as prescribed by this section, except that electronic signatures that use a typed font shall be rejected. F. The legislature intends that the illustrations of broad and local characteristics in the 2020 secretary of state's signature verification guide be used as reference. G. For the purposes of this section: 1. "Broad characteristics" means all of the following: (a) The type of writing. (b) The speed of writing. (c) Overall spacing. (d) Overall size and proportions. (e) Position of the signature. (f) Spelling and punctuation. 2. "Evaluator" means the individual who is designated by the county recorder or officer in charge of elections and who conducts signature verification. 3. "Local characteristics" means all of the following: (a) Internal spacing. (b) The size or proportions of a letter or letter combination. (c) Curves, loops and cross points. (d) The presence or absence of pen lifts. (e) Beginning and ending strokes. 4. "Signature verification" means the process of manually comparing the signature on a voter's affidavit envelope or ballot affidavit with the voter's signature in the voter's registration record. H. The legislature intends by this section to codify procedures based on the 2020 secretary of state signature verification guide, provided that in the event of any conflict between the guide and this section, this section controls. This section is not intended to modify the grounds on which a party-appointed challenger may challenge an early ballot. This section does not require signature evaluators to examine broad or local characteristics one at a time. This section is not intended to require an exact match. END_STATUTE Sec. 7. Title 16, chapter 6, article 1.2, Arizona Revised Statutes, is amended by adding section 16-919, to read: START_STATUTE16-919. Foreign contributions prohibited; ballot measures; certification; definitions a. A FOREIGN GOVERNMENT SHALL NOT knowingly GIVE AND A PERSON, entity OR COMMITTEE SHALL NOT knowingly ACCEPT OR USE MONIES OR IN-KIND GOODS OR SERVICES that are CONTRIBUTED BY A FOREIGN GOVERNMENT or a foreign nongovernmental source TO INFLUENCE THE OUTCOME OF AN ELECTION ON a BALLOT MEASURE. b. a person, entity or committee that is required to file campaign finance reports pursuant to section 16-926 shall certify under penalty of perjury in those reports that the person, entity or committee has not accepted or used monies or in-kind goods or services in violation of subsection a of this section. C. For the purposes of this section: 1. Foreign government does not include federally recognized sovereign tribal nations. 2. "Foreign nongovernmental source": (a) Means an individual who is not a United States citizen or national. (b) Does not include federally recognized sovereign tribal nations. END_STATUTE Sec. 8. Emergency This act may be cited as the "Florida-Style Election Act". 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona. |
|---|