Arizona 2025 2025 Regular Session

Arizona Senate Bill SB1063 Engrossed / Bill

Filed 02/28/2025

                    Senate Engrossed   juror summons; election worker option             State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025           SENATE BILL 1063                    An Act   amending title 16, chapter 4, article 7, Arizona Revised Statutes, by adding section 16-531.01; amending sections 21-202, 21-331 and 21-332, Arizona Revised Statutes; relating to summoning jurors.     (TEXT OF BILL BEGINS ON NEXT PAGE)   

 

 

 

 

Senate Engrossed   juror summons; election worker option
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SENATE BILL 1063

Senate Engrossed

 

juror summons; election worker option

 

 

 

 

State of Arizona

Senate

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

SENATE BILL 1063

 

 

 

 

An Act

 

amending title 16, chapter 4, article 7, Arizona Revised Statutes, by adding section 16-531.01; amending sections 21-202, 21-331 and 21-332, Arizona Revised Statutes; relating to summoning jurors.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

 Be it enacted by the Legislature of the State of Arizona: Section 1. Title 16, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 16-531.01, to read: START_STATUTE16-531.01. Prospective jurors; temporary election board workers; procedures A. After receiving the names and contact information of prospective jurors from a jury commissioner pursuant to section 21-331, subsection E, the county officer in charge of elections shall determine whether those persons are qualified to serve as election board workers, ineligible to serve as otherwise provided by law or unwilling to serve at the location or in the POSITION designated by the officer in charge of ELECTIONS.  After that determination, the county officer in charge of elections may appoint those persons as temporary election board workers. B. At the discretion of the county officer in charge of elections, the prospective temporary election board workers may receive all or some of their required election training by web-based training modules or other similar electronic means. C. On completion of the election and confirmation that a temporary election board worker completed the board worker's service in that role, the county officer in charge of elections shall notify the jury commissioner that the temporary election board worker's duties were completed. END_STATUTE Sec. 2. Section 21-202, Arizona Revised Statutes, is amended to read: START_STATUTE21-202. Persons entitled to be excused from jury service A. It is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state, unless excused. B. On timely application to the court, the following persons shall be excused temporarily from service as a juror if the judge or jury commissioner finds that any of the following applies: 1. The prospective juror has a mental or physical condition that causes the juror to be incapable of performing jury service. The juror or the juror's personal representative shall provide to the court or jury commissioner a medical statement from a physician who is licensed pursuant to title 32, a physician assistant who is licensed pursuant to title 32, chapter 25 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 that explains an existing mental or physical condition that renders the person unfit for jury service. If a prospective juror does not have a physician, a physician assistant or a registered nurse practitioner, the prospective juror or the juror's personal representative shall provide a sworn statement from a professional caregiver for the prospective juror that is deemed acceptable by the court or jury commissioner and that explains the mental or physical condition that renders the prospective juror incapable of performing jury service. For the purposes of this paragraph: (a) The statement shall be in writing and shall contain a description and duration of any mobility restrictions, the specific symptoms that make the prospective juror mentally or physically unfit for jury service and their duration, the employment status of the prospective juror and the printed name, signature, professional license number if applicable, area of specialty and contact information of the authorizing physician, physician assistant, registered nurse practitioner or professional caregiver. (b) A form that complies with this paragraph shall be made available at courthouses, the Arizona medical board website, the Arizona regulatory board of physician assistants website, the Arizona board of osteopathic examiners in medicine and surgery website, the Arizona state board of nursing website and other appropriate locations that are identified by the court or jury commissioner. (c) These documents are not public records and shall not be disclosed to the general public. 2. Jury service by the prospective juror would substantially and materially affect the public interest or welfare in an adverse manner. 3. The prospective juror is not currently capable of understanding the English language. 4. Jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror's care or supervision. For the purposes of this paragraph: (a) A judge or jury commissioner of the court for which the person was called to jury service shall determine whether jury service would cause the prospective juror undue or extreme physical or financial hardship. (b) A person who requests to be excused under this paragraph shall take all actions necessary to obtain a ruling on the request before the date on which the person is scheduled to appear for jury duty. (c) Undue or extreme physical or financial hardship is limited to the following circumstances in which a person: (i) Would be required to abandon a person under the prospective juror's care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury. (ii) Would incur costs that would have a substantial adverse impact on the payment of the person's necessary daily living expenses or on those for whom the prospective juror provides regular employment or the principal means of support. (iii) Would suffer physical hardship that would result in illness or disease. (d) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from the prospective juror's place of employment. (e) A person who requests to be excused under this paragraph shall provide the judge or jury commissioner with documentation that supports the request to be excused, such as federal and state income tax returns, payroll records, medical statements from physicians licensed pursuant to title 32, physician assistants licensed pursuant to title 32, chapter 25 or registered nurse practitioners licensed pursuant to title 32, chapter 15, proof of dependency or guardianship or other similar documents. The judge or jury commissioner may excuse a person if the documentation clearly supports the request to be excused. These documents are not public records and shall not be disclosed to the general public. 5. The prospective juror is a peace officer who is certified by the Arizona peace officer standards and training board and who is employed as a peace officer by this state or any political subdivision of this state. The employer of a peace officer shall not in any way influence the peace officer to make or not to make an application to the court, pursuant to this section, to be excused from jury service. 6. A judge or jury commissioner of the court for which the person was called to jury service excuses the prospective juror for good cause based on a showing of undue or extreme hardship under the circumstances, including being temporarily absent from the jurisdiction or a lack of transportation. 7. The prospective juror is summoned within four years after the prospective juror's last day of service on a grand jury in this state.  This paragraph does not apply to a person selected as an alternate grand juror. 8. The prospective juror is employed in the correctional officer class series by the state department of corrections. 9. the prospective juror provides PROOF from the county that EMPLOYED the prospective juror that the prospective JUROR served as an election board worker as an inspector, marshal, judge or clerk pursuant to section 16-531 within one hundred eighty days immediately preceding EMPLOYED the prospective juror that the prospective JUROR served as an election board worker as an inspector, marshal judge or clerk pursuant to section 16-531 within one hundred eighty days immediately preceding receipt of the jury summons. C. Notwithstanding subsection B of this section, a prospective juror who is at least seventy-five years of age may submit a written statement to the court requesting that the person be excused from service. The prospective juror may request to be excused temporarily or permanently. On receipt of the request, the judge or jury commissioner shall excuse the prospective juror from service. D. A person who is excused temporarily pursuant to this section becomes eligible for qualification as a juror when the temporary excuse expires unless the person is permanently excused from jury service. E. A person may be permanently excused only if the deciding judge or jury commissioner determines that the underlying grounds for being excused are permanent in nature or the person is permanently excused under subsection C of this section.  F. If the judge, jury commissioner or jury manager permanently excuses the person from jury service, the person shall be notified that the person is permanently excused.END_STATUTE Sec. 3. Section 21-331, Arizona Revised Statutes, is amended to read: START_STATUTE21-331. Procedure for summoning jurors A. The jury commissioner or jury manager shall use either of the following methods for summoning persons for a particular juror pool:  1. The court shall order the jury commissioner or jury manager to summon a specific number of qualified jurors, at random, for either a trial jury or grand jury panel.  2. The jury commissioner or jury manager shall determine a specific number of persons to be summoned for a court location and date.  B. In counties in which multiple superior court locations exist, a juror shall not be summoned to more than one court location on the same date and is not required to serve in more than one court location on any specific date. C. The summons shall be delivered by giving personal notice to each person, or by leaving a written notice to that effect at the person's place of residence, with some person of proper age and discretion, by telephone or by mailing such notice by first class mail, registered mail or certified mail. D. Any person who fails to appear in response to a notice sent by first class mail shall be immediately resummoned by a notice sent by first class mail, registered mail or certified mail and shall not be subject to a body attachment or fine as provided in section 21-334 21-223 unless the juror fails to appear in response to this second summons. Notwithstanding section 21-301, subsection C, for any juror whose mail is returned as undeliverable, the jury commissioner or jury manager shall notify the county recorder who shall send a follow-up notice to the juror pursuant to section 16-166, subsection A, including information regarding possible removal from the voter registration rolls, and on completion of the notification process pursuant to section 16-166, the county recorder shall transfer the juror to the inactive voter list.  e. Notwithstanding any other law, during the period from one hundred twenty days to ninety days immediately preceding the date of the regular primary election, the jury commissioner may give a qualified juror the option to serve as a temporary election worker in the appropriate county for the upcoming primary and general elections instead of fulfilling a jury service obligation.  Not later than ninety days before the general election, the jury commissioner shall submit the names and contact INFORMATION of the prospective jurors who express interest in FULFILLING their jury service obligation by serving as a temporary election worker to the county officer in charge of elections. The county officer in charge of elections shall process those names as prescribed by section 16-531.01 and inform the jury obligation by serving as a temporary election worker to the county officer in charge of elections. The county officer in charge of elections shall process those names as prescribed by section 16-531.01 and inform the jury commissioner of the names of proscpectivePROSPECTIVE jurors who intend to fuflfillFULFILL their jury servbiceSERVICE obligation by serving as temporary election workers1. Not later than ninety days before the general election, the jury commissioner shall submit the names and contact INFORMATION of the prospective TEMPORARY election workers to the county chairpersons of the political parties. 2. Within ten days after receiving the names and contact information of the prospective TEMPORARY election workers, the county party chairpersons may strike the name of any person on the prospective TEMPORARY election worker list.  3. The prospective temporary election workers may receive all of their required election training by web-based training modules or other similar electronic means. 4. From the names provided as prescribed by paragraph 1 of this subsection, The county chairs of the political parties may appoint judges to serve on election boards. The county recorder or other county officer in charge of elections shall accept the persons appointed as judges unless they are ineligible as otherwise provided by law]. END_STATUTE Sec. 4. Section 21-332, Arizona Revised Statutes, is amended to read: START_STATUTE21-332. Jurors' term of service; exemption A. A person's jury service obligation is fulfilled when the person does any of the following: 1. Serves on one trial until being excused or discharged. 2. Appears at court but is not assigned to a trial division for selection of a jury before the end of that day. 3. Is assigned on one day to one or more trial divisions for jury selection and serves through the completion of jury selection or is excused. 4. Complies with a request to telephone a court or check a court's web site website to determine whether to report on a particular day, for four days within a thirty day thirty-day period. 5. Provides the court with a valid telephone number and stands ready to serve on the same day, for a period of two days. 6. Serves as a temporary election board worker PURSUANT to section 16-531.01. B. A presiding judge of a county superior court, in coordination with the jury commissioner, may apply to the supreme court for an exemption for the county from this section for a specified period of time, not to exceed one year. END_STATUTE 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 16, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 16-531.01, to read:

START_STATUTE16-531.01. Prospective jurors; temporary election board workers; procedures

A. After receiving the names and contact information of prospective jurors from a jury commissioner pursuant to section 21-331, subsection E, the county officer in charge of elections shall determine whether those persons are qualified to serve as election board workers, ineligible to serve as otherwise provided by law or unwilling to serve at the location or in the POSITION designated by the officer in charge of ELECTIONS.  After that determination, the county officer in charge of elections may appoint those persons as temporary election board workers.

B. At the discretion of the county officer in charge of elections, the prospective temporary election board workers may receive all or some of their required election training by web-based training modules or other similar electronic means.

C. On completion of the election and confirmation that a temporary election board worker completed the board worker's service in that role, the county officer in charge of elections shall notify the jury commissioner that the temporary election board worker's duties were completed. END_STATUTE

Sec. 2. Section 21-202, Arizona Revised Statutes, is amended to read:

START_STATUTE21-202. Persons entitled to be excused from jury service

A. It is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state, unless excused.

B. On timely application to the court, the following persons shall be excused temporarily from service as a juror if the judge or jury commissioner finds that any of the following applies:

1. The prospective juror has a mental or physical condition that causes the juror to be incapable of performing jury service. The juror or the juror's personal representative shall provide to the court or jury commissioner a medical statement from a physician who is licensed pursuant to title 32, a physician assistant who is licensed pursuant to title 32, chapter 25 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 that explains an existing mental or physical condition that renders the person unfit for jury service. If a prospective juror does not have a physician, a physician assistant or a registered nurse practitioner, the prospective juror or the juror's personal representative shall provide a sworn statement from a professional caregiver for the prospective juror that is deemed acceptable by the court or jury commissioner and that explains the mental or physical condition that renders the prospective juror incapable of performing jury service. For the purposes of this paragraph:

(a) The statement shall be in writing and shall contain a description and duration of any mobility restrictions, the specific symptoms that make the prospective juror mentally or physically unfit for jury service and their duration, the employment status of the prospective juror and the printed name, signature, professional license number if applicable, area of specialty and contact information of the authorizing physician, physician assistant, registered nurse practitioner or professional caregiver.

(b) A form that complies with this paragraph shall be made available at courthouses, the Arizona medical board website, the Arizona regulatory board of physician assistants website, the Arizona board of osteopathic examiners in medicine and surgery website, the Arizona state board of nursing website and other appropriate locations that are identified by the court or jury commissioner.

(c) These documents are not public records and shall not be disclosed to the general public.

2. Jury service by the prospective juror would substantially and materially affect the public interest or welfare in an adverse manner.

3. The prospective juror is not currently capable of understanding the English language.

4. Jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror's care or supervision. For the purposes of this paragraph:

(a) A judge or jury commissioner of the court for which the person was called to jury service shall determine whether jury service would cause the prospective juror undue or extreme physical or financial hardship.

(b) A person who requests to be excused under this paragraph shall take all actions necessary to obtain a ruling on the request before the date on which the person is scheduled to appear for jury duty.

(c) Undue or extreme physical or financial hardship is limited to the following circumstances in which a person:

(i) Would be required to abandon a person under the prospective juror's care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury.

(ii) Would incur costs that would have a substantial adverse impact on the payment of the person's necessary daily living expenses or on those for whom the prospective juror provides regular employment or the principal means of support.

(iii) Would suffer physical hardship that would result in illness or disease.

(d) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from the prospective juror's place of employment.

(e) A person who requests to be excused under this paragraph shall provide the judge or jury commissioner with documentation that supports the request to be excused, such as federal and state income tax returns, payroll records, medical statements from physicians licensed pursuant to title 32, physician assistants licensed pursuant to title 32, chapter 25 or registered nurse practitioners licensed pursuant to title 32, chapter 15, proof of dependency or guardianship or other similar documents. The judge or jury commissioner may excuse a person if the documentation clearly supports the request to be excused. These documents are not public records and shall not be disclosed to the general public.

5. The prospective juror is a peace officer who is certified by the Arizona peace officer standards and training board and who is employed as a peace officer by this state or any political subdivision of this state. The employer of a peace officer shall not in any way influence the peace officer to make or not to make an application to the court, pursuant to this section, to be excused from jury service.

6. A judge or jury commissioner of the court for which the person was called to jury service excuses the prospective juror for good cause based on a showing of undue or extreme hardship under the circumstances, including being temporarily absent from the jurisdiction or a lack of transportation.

7. The prospective juror is summoned within four years after the prospective juror's last day of service on a grand jury in this state.  This paragraph does not apply to a person selected as an alternate grand juror.

8. The prospective juror is employed in the correctional officer class series by the state department of corrections.

9. the prospective juror provides PROOF from the county that EMPLOYED the prospective juror that the prospective JUROR served as an election board worker as an inspector, marshal, judge or clerk pursuant to section 16-531 within one hundred eighty days immediately preceding EMPLOYED the prospective juror that the prospective JUROR served as an election board worker as an inspector, marshal judge or clerk pursuant to section 16-531 within one hundred eighty days immediately preceding receipt of the jury summons.

C. Notwithstanding subsection B of this section, a prospective juror who is at least seventy-five years of age may submit a written statement to the court requesting that the person be excused from service. The prospective juror may request to be excused temporarily or permanently. On receipt of the request, the judge or jury commissioner shall excuse the prospective juror from service.

D. A person who is excused temporarily pursuant to this section becomes eligible for qualification as a juror when the temporary excuse expires unless the person is permanently excused from jury service.

E. A person may be permanently excused only if the deciding judge or jury commissioner determines that the underlying grounds for being excused are permanent in nature or the person is permanently excused under subsection C of this section. 

F. If the judge, jury commissioner or jury manager permanently excuses the person from jury service, the person shall be notified that the person is permanently excused.END_STATUTE

Sec. 3. Section 21-331, Arizona Revised Statutes, is amended to read:

START_STATUTE21-331. Procedure for summoning jurors

A. The jury commissioner or jury manager shall use either of the following methods for summoning persons for a particular juror pool: 

1. The court shall order the jury commissioner or jury manager to summon a specific number of qualified jurors, at random, for either a trial jury or grand jury panel. 

2. The jury commissioner or jury manager shall determine a specific number of persons to be summoned for a court location and date. 

B. In counties in which multiple superior court locations exist, a juror shall not be summoned to more than one court location on the same date and is not required to serve in more than one court location on any specific date.

C. The summons shall be delivered by giving personal notice to each person, or by leaving a written notice to that effect at the person's place of residence, with some person of proper age and discretion, by telephone or by mailing such notice by first class mail, registered mail or certified mail.

D. Any person who fails to appear in response to a notice sent by first class mail shall be immediately resummoned by a notice sent by first class mail, registered mail or certified mail and shall not be subject to a body attachment or fine as provided in section 21-334 21-223 unless the juror fails to appear in response to this second summons. Notwithstanding section 21-301, subsection C, for any juror whose mail is returned as undeliverable, the jury commissioner or jury manager shall notify the county recorder who shall send a follow-up notice to the juror pursuant to section 16-166, subsection A, including information regarding possible removal from the voter registration rolls, and on completion of the notification process pursuant to section 16-166, the county recorder shall transfer the juror to the inactive voter list. 

e. Notwithstanding any other law, during the period from one hundred twenty days to ninety days immediately preceding the date of the regular primary election, the jury commissioner may give a qualified juror the option to serve as a temporary election worker in the appropriate county for the upcoming primary and general elections instead of fulfilling a jury service obligation.  Not later than ninety days before the general election, the jury commissioner shall submit the names and contact INFORMATION of the prospective jurors who express interest in FULFILLING their jury service obligation by serving as a temporary election worker to the county officer in charge of elections. The county officer in charge of elections shall process those names as prescribed by section 16-531.01 and inform the jury obligation by serving as a temporary election worker to the county officer in charge of elections. The county officer in charge of elections shall process those names as prescribed by section 16-531.01 and inform the jury commissioner of the names of proscpectivePROSPECTIVE jurors who intend to fuflfillFULFILL their jury servbiceSERVICE obligation by serving as temporary election workers1. Not later than ninety days before the general election, the jury commissioner shall submit the names and contact INFORMATION of the prospective TEMPORARY election workers to the county chairpersons of the political parties.

2. Within ten days after receiving the names and contact information of the prospective TEMPORARY election workers, the county party chairpersons may strike the name of any person on the prospective TEMPORARY election worker list. 

3. The prospective temporary election workers may receive all of their required election training by web-based training modules or other similar electronic means.

4. From the names provided as prescribed by paragraph 1 of this subsection, The county chairs of the political parties may appoint judges to serve on election boards. The county recorder or other county officer in charge of elections shall accept the persons appointed as judges unless they are ineligible as otherwise provided by law]. END_STATUTE

Sec. 4. Section 21-332, Arizona Revised Statutes, is amended to read:

START_STATUTE21-332. Jurors' term of service; exemption

A. A person's jury service obligation is fulfilled when the person does any of the following:

1. Serves on one trial until being excused or discharged.

2. Appears at court but is not assigned to a trial division for selection of a jury before the end of that day.

3. Is assigned on one day to one or more trial divisions for jury selection and serves through the completion of jury selection or is excused.

4. Complies with a request to telephone a court or check a court's web site website to determine whether to report on a particular day, for four days within a thirty day thirty-day period.

5. Provides the court with a valid telephone number and stands ready to serve on the same day, for a period of two days.

6. Serves as a temporary election board worker PURSUANT to section 16-531.01.

B. A presiding judge of a county superior court, in coordination with the jury commissioner, may apply to the supreme court for an exemption for the county from this section for a specified period of time, not to exceed one year. END_STATUTE