|
REFERENCE TITLE: early voting; ballots; processing |
|
State of Arizona Senate Fifty-third Legislature First Regular Session 2017
|
|
SB 1237 |
|
|
|
Introduced by Senator Kavanagh
|
AN ACT
amending sections 16‑545, 16-547 and 16-548, Arizona Revised Statutes; relating to early voting.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-545, Arizona Revised Statutes, is amended to read:
16-545. Early ballot
A. The early ballot shall be one prepared for use in the precinct in which the applicant resides and, if a partisan primary election, of the political party with which the applicant is affiliated as shown by the affidavit of registration. The ballot shall be identical with the regular official ballots, except that it shall have printed or stamped on it "early" and it shall bear the name and address of the polling place for that precinct.
B. The officer charged by law with the duty of preparing ballots at any election shall:
1. Prepare the official early ballot and deliver a sufficient number to the recorder or other officer in charge of elections not later than the thirty‑third day before the election. Except as provided in section 16‑542, subsection D, regular early ballots shall not be distributed to the general public before the beginning of early voting.
2. Ensure that the ballot return envelopes are of a type that are is tamper evident when properly sealed.
Sec. 2. Section 16-547, Arizona Revised Statutes, is amended to read:
16-547. Ballot 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 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 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 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 their the voter's selection even if they 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 such 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 of 1986 (P.L. 99‑410; 42 52 United States Code section 1973ff 20301). Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters.
C. The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the affidavit, mark the ballot and return both in the enclosed self‑addressed envelope that complies with section 16-545. The instructions shall include the following statement:
In order to be valid and counted, the ballot and affidavit must be postmarked by ______ days before the election if mailed, or, if delivered to the office of the county recorder or other officer in charge of elections, they must be received no later than 7:00 p.m. on election day or they may be deposited voted and processed at any the voter's correct polling place in the county no later than 7:00 p.m. on election day and may not be deposited or delivered at any other polling place on election day.
WARNING-It is a felony to offer or receive any compensation for a ballot.
Sec. 3. Section 16-548, Arizona Revised Statutes, is amended to read:
16-548. Preparation and transmission of ballot
A. The early voter shall make and sign the affidavit and shall then mark his ballot in such a manner that his 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 the envelope shall be postmarked by _______ days before the election if mailed to the county recorder or other officer in charge of elections of the political subdivision in which the elector is registered, or, if delivered, the envelope must be delivered to the county recorder or other officer in charge of elections or deposited carried by the voter or the voter's agent at any to the voter's correct polling place in the county where the voter shall present identification, open the ballot envelope and vote that ballot in the method used for ballots issued at that polling place. In order to be counted and valid, the ballot must be postmarked by ______ days before the election if mailed, or, if DELIVERED to the county recorder or other officer in charge of elections, the envelope must be received by the county recorder or other officer in charge of elections no later than 7:00 p.m. on election day or deposited voted at any the voter's correct polling place in the county no later than 7:00 p.m. on election day.
B. 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.