SB1276 - 511R

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

Section 1. Section 16-248, Arizona Revised Statutes, is amended to read:

START_STATUTE16-248. Designation of polling places

A. Not less than twenty days before a presidential preference election, the board of supervisors shall designate a reasonable and adequate number of polling places where the election shall be held.

B. The number of polling places for the presidential preference election is to be determined according to the number of active registered voters as of January 1 of the year of the presidential preference election.

C. Each county with two hundred thousand or more active registered voters shall determine the number of polling places for the presidential preference election by using no more than one‑half of the number of precincts as of January 1 of the year of the presidential preference election.

D. Each county with less than two hundred thousand active registered voters but ten thousand or more active registered voters shall determine the number of polling places for the presidential preference election by using no more than one polling place for every two thousand active registered voters as of January 1 of the year of the presidential preference primary.

E. Each county with less than ten thousand active registered voters shall determine the number of polling places for the presidential preference election by using no more than one polling place for every one thousand active registered voters as of January 1 of the year of the presidential preference election.

F. If it is determined by the secretary of state determines that compliance with state and federal regulations would be jeopardized, the secretary of state has the authority to release a county from the number of polling places prescribed by this section.

G. This section does not apply to land located on an Indian reservation.

H. G. In precincts that contain fewer than three hundred active registered voters for which the board of supervisors makes a SPECIFIC finding that the number of registered voters in the precinct who are listed as permanent early voters pursuant to section 16-544, when subtracted from the number of active registered voters in the precinct, will result in a total of three hundred fifty or fewer active registered voters in that precinct, the officer in charge of elections may conduct a presidential preference election by mail. 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. Except as prescribed by subsection J of this section, the board of supervisors of each county, on or before December 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. Such election precinct boundaries shall be so established as 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.

B. Not less than 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 such 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. Any such 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 permanent early voters pursuant to section 16‑544 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 finding 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 and 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. on a SPECIFIC finding of the board that the number of registered voters in the precinct who are listed as permanent early voters pursuant to section 16-544, when subtracted from the number of active registered voters in the precinct, will result in a total of three hundred fifty or fewer active registered voters in that precinct, the officer in charge of elections may conduct the election by mail.

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 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. 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 including identification of polling place changes that were submitted to the United States department of justice for approval.

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 shall not be construed to permit 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 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 exemption was granted. If the polling place is not on the website list of polling places with emergency conditions, electioneering and other political activity shall be permitted outside of the seventy‑five foot limit. If an emergency arises after the county recorder's initial website posting, the county recorder 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 exemption was granted.

I. 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 election board members and clerks and the number of rosters that will reduce voter wait time at the polls.

J. The board of supervisors of a county shall not change precinct lines during the period after July 31, 2008 and before January 1, 2011. The board of supervisors may subdivide an election precinct for administrative purposes or may provide for more than one polling place within the boundaries of the election precincts established for use in voting in elections held after July 31, 2008 and before January 1, 2011. In providing for multiple polling places within a precinct, the board of supervisors shall consider the particular population characteristics of each precinct in order to provide the voters the most reasonable access to the polls possible. END_STATUTE

Sec. 3. Section 16-466, Arizona Revised Statutes, is amended to read:

START_STATUTE16-466. Ballots, ballot labels and ballot screens; electromechanical

A. Ballots, ballot labels and ballot screens, as far as practicable, shall be in the same order of arrangement as provided for paper ballots, except that such information may be printed in vertical or horizontal rows, or in a number of separate pages or screens that are placed or displayed on the voting device.

B. Ballot labels shall be printed in plain clear type in black ink and, for use in a general election, upon on clear white materials and be of such size and arrangement as to fit the construction of the voting device or the vote tabulating equipment. Ballots prepared for use in a primary election shall be printed on material of a different color designation for each political party represented. Ballots may contain printed code marks or punched holes which may be used for placing the ballots in correct reading positions in counting devices. The code marks or punched holes shall not be used in any way that will reveal the identity of the voters voting the ballot.

C. The titles of offices may be arranged in vertical columns or in a series of separate pages or screens and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. In case there are more candidates for an office than can be printed in one column or on one ballot page or screen, the ballot label shall be clearly marked that the list of candidates is continued on the following column, page or screen, and insofar as may be practicable, the same number of names shall be printed on each column, page or screen.

D. In primary and nonpartisan elections the names of candidates for each office shall appear on the ballot, ballot labels or ballot screens so that each candidate occupies each position substantially the same number of times insofar as may be practicable. If there are fewer or the same number of candidates seeking office than the number to be elected, rotation of names shall not be required and the names shall be placed in alphabetical order.

E. In primary elections for a judicial office if there are two or more candidates of the same political party their names shall be alternated on the ballots or ballot screens so that the name of each candidate shall appear substantially an equal number of times in each possible location on the ballot or screen.

F. Two One sample ballots ballot, which shall be a facsimile copies copy of the official ballot or ballot labels, shall be provided for each polling place and shall be posted on election day as provided for paper ballots or shall be posted on the county's website. Sample ballots may be printed on a single page or on a number of pages stapled together.END_STATUTE

Sec. 4. Section 16-531, Arizona Revised Statutes, is amended to read:

START_STATUTE16-531. Appointment of election boards and tally boards; qualifications

A. When an election is ordered, and not less than twenty days before a general or primary election, the board of supervisors shall appoint for each election precinct one inspector, one marshal, two judges and as many clerks of election as deemed necessary. The inspector, marshal, judges and clerks shall be qualified voters of the precinct for which appointed, unless there is not a sufficient number of persons available to provide the number of appointments required. If the inspector, marshal and judges shall not have changed their political party affiliation or their no party preference affiliation since the last preceding general election, and if they are members of the two political parties that cast the highest number of votes in the state at the last preceding general election, they shall be divided equally between these two parties. There shall be an equal number of inspectors in the various precincts in the county who are members of the two largest political parties. In each precinct where the inspector is a member of one of the two largest political parties, the marshal in that precinct shall be a member of the other of the two largest political parties. Whenever possible, any person appointed as an inspector shall have had previous experience as an inspector, judge, marshal or clerk of elections. If there is no qualified person in a given precinct, the appointment of an inspector may be made from names provided by the county party chairman. If not less than ninety days before the election the chairman of the county committee of either of the parties designates qualified voters of the precinct, or of another precinct if there are not sufficient members of his party available in the precinct to provide the necessary representation on the election board as judge, such designated qualified voters shall be appointed. The judges, together with the inspector, shall constitute the board of elections. Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk.

B. If the election precinct consists of fewer than three hundred qualified electors, the board of supervisors may appoint not fewer than one inspector and two judges. The board of supervisors shall give notice of election precincts consisting of fewer than three hundred qualified electors to the county chairmen of the two largest political parties not later than thirty days before the election. The inspector and judges shall be appointed in the same manner by party as provided in subsection A of this section.

C. B. If a nonpartisan election is ordered, not less than twenty days before the election the governing board holding the election shall appoint, without consideration for political party, a minimum of three election workers for each polling place. The election workers shall consist of at least one inspector and two judges. Whenever possible, they shall be qualified electors of the precinct located within the district, without consideration for political party.

D. C. Where the election precinct consists of three hundred fifty or more qualified electors, the board of supervisors may in addition to the board of elections appoint a similar board to be known as the tally board. The tally board shall take custody of the ballots from the closing of the polls until the tally of the ballots is completed. The tally board shall consist of the inspector of the board of elections, two judges and not less than two clerks. The inspector and two judges shall be appointed to provide as equal as practicable representation of members of the two largest political parties on the board in the same manner as provided for the election boards. Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk. A member appointed to serve on the tally board, with the exception of the inspector of the board of elections, shall not be appointed to serve on the board of elections. The inspector of the board of elections shall be a member of the tally board and during such time shall act as the supervisor of the tally board. No United States, state, county or precinct officer, nor a candidate for office at the election, other than a precinct committeeman or a candidate for the office of precinct committeeman, is qualified to act as judge, inspector, marshal or clerk.

E. D. If an electronic voting system is in use the write‑in ballots shall be tallied by a board of elections consisting of one inspector and two judges who are appointed in the same manner by party as provided in subsection A of this section.

F. E. At least ten days before a special election, the governing body conducting the election may in like manner appoint a special tally board or boards for the specific purpose of tallying the ballots on the closing of the polls. The tally boards shall consist of at least one inspector and two judges. The inspector of the board of elections shall act as the supervisor of the tally board.

G. F. Notwithstanding any other law, the board of supervisors may appoint to an election board to serve as a clerk of election a person who is not eligible to vote if all of the following conditions are met:

1. The person is a minor who will be at least sixteen years of age at the time of the election for which the person is named to the election board.

2. The person is a citizen of the United States at the time of the election for which the person is named to the election board.

3. The person is supervised by an adult who has been trained as an elections officer.

4. The person has received training provided by the officer in charge of elections.

5. The parent or guardian of the person has provided written permission for the person to serve.

H. G. A school district or charter school shall not be required to reduce its average daily membership, as defined in section 15-901, for any pupil who is absent from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection G F of this section.

I. H. A school district or charter school shall not count any pupil's absence from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection G F of this section against any mandatory attendance requirements for the pupil.

J. I. Nothing in this section shall prevent the board of supervisors or governing body from refusing for cause to reappoint, or from removing for cause, an election or tally board member. END_STATUTE

Sec. 5. Section 16-563, Arizona Revised Statutes, is amended to read:

START_STATUTE16-563. Posting sample ballots, instruction cards and notice to voters before opening polls

Before opening the polls the inspector of election shall direct the following postings:

1. One of the sample ballots ballot provided for in section 16‑510, which shall be a facsimile copy of the official ballot or ballot labels, in each polling place and shall be posted on election day as provided for paper ballots or shall be posted on the county's website, one of the cards of instructions provided for in section 16‑513 and one of the "Right to vote a provisional ballot" notices provided for in section 16‑513.01 in plain view in the room where the ballots are cast. Sample ballots may be printed on a single page or on a number of pages stapled together. At least one other sample ballot, card of instruction and "Right to vote a provisional ballot" notice shall be posted in a conspicuous place in and around the polling place.

2. Three seventy‑five foot limit notices approximately seventy‑five feet in different directions from the main outside entrance being used by voters to enter the building in which the election is being held.

3. In each voting booth, a notice to voters provided in section 16‑514 at general elections only. END_STATUTE