SB1048 - 502R

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

Section 1. Section 16-502, Arizona Revised Statutes, is amended to read:

START_STATUTE16-502. Form and contents of ballot

A. Ballots shall be printed with black ink on white paper of sufficient thickness to prevent the printing thereon from being discernible from the back, and the same type shall be used for the names of all candidates. The ballots shall be headed "official ballot" in bold‑faced plain letters, with a heavy rule above and below the heading. Immediately below shall be placed the words "type of election, (date of election)" and the name of the county and state in which the election is held. The name or number of the precinct in which the election is held shall be placed on the ballot in a uniform location for all ballots. No other matter shall be placed or printed at the head of any ballot, except above the heading there may be a stub that contains the words "stub no. _____, register no. _____, to be torn off by inspector." The stub shall be separated from the ballot by a perforated line, so that it may be easily detached from the ballot. Instructions to the voter on marking the ballot may be printed below the heading. The official ballots shall be bound together in blocks of not less than five nor more than one hundred.

B. Immediately below the ballot heading shall be placed the following:

"Section One

Partisan Ballot

1. Put a mark according to the instructions next to the name of each candidate for each partisan office for whom you wish to vote.

2. If you wish to vote for a person whose name is not printed on the ballot, write such name in the blank space provided on the ballot or write‑in envelope and put a mark according to the instructions next to the name so written."

C. Immediately below the instructions for voting in section one there shall be placed in columns the names of the candidates of the several political parties. Next to each candidate's name there shall be printed in bold‑faced letters the name of the political party. At the head of each column shall be printed the names of the offices to be filled with the name of each office being of uniform type size. At the head of each column shall be printed in the following order the names of candidates for:

1. President and vice-president. The indicator for the selection of a candidate shall be next to the name of the candidate for president, and the vice‑presidential candidate's name shall be listed immediately below that of the presidential candidate.

2. 1. Presidential electors. , which shall be enclosed in a bracketed list and next to the bracketed list shall be printed in bold type the surname of the presidential candidate and the surname of the vice-presidential candidate who is seeking election jointly with the presidential candidate shall be listed directly below the name of the presidential candidate. The indicator for the selection of the presidential and vice-presidential candidates shall be directly next to the surname of the presidential candidate and one mark directly next to a presidential candidate's surname shall be counted as a vote for each elector in the bracketed list next to the presidential and vice‑presidential candidates.

3. 2. United States senator.

4. 3. Representatives in Congress.

5. 4. The several state offices.

6. 5. The several county and precinct offices.

D. The names of candidates for the offices of state senator and state representative along with the district number shall be placed within the heading of each column to the right of the office name for state offices and immediately below the candidates for the office of governor. The number of the supervisorial district of which a candidate is a nominee shall be printed within the heading of each column to the right of the name of the office.

E. The lists of the candidates of the several parties shall be arranged with the names of the parties in descending order according to the votes cast for governor for that county in the most recent general election for the office of governor, commencing with the left‑hand column. In the case of political parties which did not have candidates on the ballot in the last general election, such parties shall be listed in alphabetical order below the parties which did have candidates on the ballot in the last general election. The names of all candidates nominated under section 16‑341 shall be placed in a single column below that of the recognized parties. Next to the name of each candidate, in parentheses, shall be printed a three‑letter abbreviation that is taken from the three words prescribed in the candidate's certificate of nomination.

F. Immediately below the designation of the office to be voted for shall appear the words: "Vote for not more than _________" (insert the number to be elected).

G. In each column at the right of the name of each candidate and on the same line there shall be a place for the voter to put a mark. Below the name of the last named candidate for each office there shall be as many blank lines as there are offices of the same title to be filled, with a place for the voter to put a mark unless write‑in envelopes are provided for that purpose. Upon the blank line the voter may write the name of any person for whom he desires to vote whose name is not printed, and next to the name so written he shall designate his choice by a mark as in the case of printed names.

H. When there are two or more candidates of the same political party for the same office, or more than one candidate for a judicial office, the names of all such candidates shall be so alternated on the ballots used in each election district that the name of each candidate shall appear substantially an equal number of times in each possible location. If there are fewer or the same number of candidates seeking office than the number to be elected, the rotation of names is not required and the names shall be placed in alphabetical order.

I. Immediately below section one of the ballot shall be placed the following:

"Section Two

Nonpartisan Ballot

1. Put a mark according to the instructions next to the name of each candidate for each nonpartisan office for whom you wish to vote.

3. Put a mark according to the instructions next to the word 'yes' (or for) for each proposition or question you wish to be adopted. Put a mark according to the instructions next to the word 'no' (or against) for each proposition or question you wish not to be adopted."

J. Immediately below the instructions for voting in section two shall be placed the names of the candidates for judges of the superior court standing for election pursuant to article VI, section 12, Constitution of Arizona, school district officials, justices of the supreme court, judges of the court of appeals, judges of the superior court standing for retention or rejection pursuant to article VI, section 38, Constitution of Arizona, and other nonpartisan officials in a column or in columns without partisan or other designation except the title of office in an order determined by the officer in charge of the election.

K. Immediately below the offices listed in subsection J of this section, the ballot shall contain a separate heading of any nonpartisan office for a vacant unexpired term and shall include the expiration date of the term of the vacated office.

L. All proposed constitutional amendments and other propositions or questions to be submitted to the voters shall be printed immediately below the names of candidates for nonpartisan positions in such order as the secretary of state, or if a city or town election, the city or town clerk, designates. Placement of county and local charter amendments, propositions or questions shall be determined by the officer in charge of the election. Except as provided by section 19‑125, each proposition or question shall be followed by the words "yes" and "no" or "for ______" and "against ______" as the nature of the proposition or question requires, and at the right of and next to each of such words shall be a place for the voter to put a mark according to the instructions that is similar in size to those places appearing opposite the names of the candidates, in which the voter may indicate his vote for or against such proposition or question by a mark as defined in section 16‑400.

M. Instead of printing the official and descriptive titles or the full text of each measure or question on the official ballot, the officer in charge of elections may print phrases on the official ballot that contain all of the following:

1. The number of the measure in reverse type and at least twelve point type.

2. The designation of the measure as prescribed by section 19‑125, subsection C or as a question, proposition or charter amendment, followed by the words "relating to..." and inserting the subject.

3. Either the statement prescribed by section 19‑125, subsection D that describes the effects of a "yes" vote and a "no" vote or, for other measures, the text of the question or proposition.

4. The words "yes" and "no" or "for" and "against", as may be appropriate and a place for the voter to put a mark.

N. For any ballot printed pursuant to subsection M of this section, the instructions on the official ballot shall direct the voter to the full text of the official and descriptive titles and the questions and propositions as printed on the sample ballot and posted in the polling place. END_STATUTE

Sec. 2. Section 16-507, Arizona Revised Statutes, is amended to read:

START_STATUTE16-507. Presentation of presidential candidates on ballot

A. When presidential electors are to be voted for, the presidential and vice-presidential candidates therefor of each party shall be grouped and printed together, arranged in each group in alphabetical order according to the presidential candidate's surname.

B. Presidential electors, which, and the entire group of electors of each party shall be enclosed in a scroll or bracket to the right and bracketed list and opposite the center on which next to the bracketed list shall be printed in bold type the surname of the presidential candidate and vice‑presidential candidate who is seeking election jointly with the presidential candidate shall be listed directly below the name of the presidential candidate. The indicator for the selection of a candidate the presidential and vice-presidential candidates shall be directly next to the surname of the presidential candidate, and one mark opposite directly next to a presidential candidate's surname shall be counted as a vote for each elector in that party the bracketed list next to the presidential and vice‑presidential candidates. END_STATUTE

Sec. 3. Laws 2011, chapter 332, section 30 is amended to read:

Sec. 30. 2012 legislative and congressional candidates; secretary of state; nomination papers and petitions; nomination signatures

A. Notwithstanding any other law, for candidates for election in 2012 to the legislature or to the United states congress, the following apply:

1. if the nomination paper and nomination petition are in compliance with otherwise applicable law, the secretary of state shall accept as a valid filing the nomination paper and nomination petition of a person that designates designate a legislative district for that person's candidacy and that use any or all of the following:

1. For a candidate for the legislature:

(a) A legislative district number as used in the 2010 elections.

(b) A legislative district as denominated designated in a redistricting plan adopted by the 2011 independent redistricting commission.

(c) A legislative district as denominated designated in a redistricting plan that is precleared for use in the 2012 election by the United States department of justice or that is ordered for use in the 2012 election by a court of competent jurisdiction.

2. For a candidate for the united States congress:

(a) A congressional district as used in the 2010 elections.

(b) A congressional district as designated in a redistricting plan adopted by the 2011 independent redistricting commission.

(c) A congressional district as designated in a redistricting plan that is precleared for use in the 2012 election by the United States department of justice or that is ordered for use in the 2012 election by a court of competent jurisdiction.

B. Notwithstanding any other law, for candidates for election in 2012 to the legislature or to the United States congress, if the candidate nomination petition and the petition signers are in compliance with otherwise applicable law, the secretary of state shall accept and petition signers are valid if the petition signers are registered voters who are residents of any or all of the following districts that the candidate proposes to represent:

1. For a candidate for the legislature:

(a) A legislative district as used in the 2010 elections.

(b) A legislative district as denominated designated in a redistricting plan adopted by the 2011 independent redistricting commission.

2. For a candidate for the united States congress:

(a) A congressional district as used in the 2010 elections.

(b) A congressional district as designated in a redistricting plan adopted by the 2011 independent redistricting commission.

C. This section does not apply to nomination papers and nomination petitions for a special election to fill a vacancy in the office of the united states house of representatives.

Sec. 4. Retroactivity

Laws 2011, chapter 332, section 30, as amended by this act is effective retroactively to from and after July 19, 2011.

Sec. 5. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.