Bill Number: S.B. 1466
Gray Floor Amendment
Reference to: JUDICIARY Committee amendment
Amendment drafted by: Jake Agron
FLOOR AMENDMENT EXPLANATION
1. Makes the changes in the bill applicable statewide, instead of only in Maricopa County and Pima County.
2. Consolidates the definitions of voting centers and early voting centers and clarifies that a voting center can be used for early voting and ballot replacement.
3. Removes language requiring the Board of Supervisors to determine the method and manner of voting at polling locations, including whether voting equipment must tabulate ballots.
4. Permits a county recorder or other officer in charge of elections to make changes to a voting center, but requires notification to the public and the Board of Supervisors as soon as is practicable.
5. Permits a county recorder to continue to operate early voting locations during the three-day period immediately preceding election day under certain conditions.
6. Creates voting center election boards to oversee voting centers.
Second Regular Session S.B. 1466
GRAY FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1466
(Reference to JUDICIARY Committee amendment)
Page 1, strike lines 1 through 12, insert:
"Page 1, between lines 1 and 2, insert:
"Section 1. Section 16-193, Arizona Revised Statutes, is amended to read:
16-193. Active registered voters; applicability
The terms "registered voters", "persons who are registered to vote", "registered electors" and "voters registered" as used in the following sections include only active registered voters for purposes of the following:
1. Calculating petition signature requirements pursuant to sections 11‑133, 16‑322, 16‑341, 45‑415, 45‑433, 48‑4433 and 48‑4832.
2. Mailing and distributing election-related notices, pamphlets or ballots pursuant to sections 11‑137, 15‑905.01, 16‑245, 16‑412, 16‑461, 16‑510, 19‑123, 19-141, 35‑454, 41‑563.02, 42‑6109.01, 42‑17057, 42‑17107, 48‑620, 48‑4021, 48‑4236, 48‑5314, 48‑6432 and 48‑6433.
3. Providing voting machines pursuant to section 16-430.
4. Furnishing ballots pursuant to sections 16‑508 and 48‑685.
5. Determining qualification for political parties' continued representation on the ballot pursuant to sections 16‑244 and 16‑804.
6. Choosing political party officers pursuant to sections 16‑821 and 16‑823."
Renumber to conform
Page 1, line 16, after the comma strike remainder of line
Strike lines 17 and 18
Line 19, strike "must tabulate ballots at the polling place."
Line 44, after "voting" insert "and to determine additional voting"; strike ". after"
Strike line 45
Page 2, strike lines 1 through 4, insert "as follows:"
Line 6, strike "facility in"
Line 7, strike "which" insert "physical location that allows"; strike "to receive receives" insert "to receive"
Line 8, strike "on election day"; strike "may"; after "ballot" insert "for an election"; strike "Voting"
Strike line 9
Line 10, strike "county recorder" insert "Voting centers may be established in coordination and consultation with the county recorder"; after "," strike remainder of line
Strike lines 11 through 18, insert "OR OTHER OFFICER IN CHARGE OF ELECTIONS at other county offices or at other locations in the county deemed appropriate. ON ELECTION DAY, A VOTING CENTER IS DEEMED TO BE A POLLING PLACE AND SECTIONS 13-3102, 16-515 AND 16-579 APPLY. A VOTING CENTER MAY BE USED AS AN EARLY VOTING LOCATION AS PRESCRIBED BY SECTION 16-542 AND AS A BALLOT REPLACEMENT LOCATION AS PRESCRIBED BY SECTION 16-558.02."
Reletter to conform
Line 22, after the period strike remainder of line
Strike lines 23 through 26"
Page 1, between lines 13 and 14, insert:
"Sec. 3. Title 16, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 16-411.01, to read:
16-411.01. Appointment of voting center election boards; qualifications
A. WHEN AN ELECTION IS ORDERED AND VOTING CENTERS ARE USED, THE BOARD OF SUPERVISORS SHALL APPOINT A VOTING CENTER ELECTION BOARD FOR EACH VOTING CENTER CONSISTING OF AT LEAST ONE INSPECTOR, ONE MARSHAL AND AS MANY JUDGES OR CLERKS AS DEEMED NECESSARY. BOARD WORKERS MAY BE HIRED TO WORK SHIFTS AS LONG AS THERE ARE ALWAYS SUFFICIENT WORKERS PRESENT TO ASSIST VOTERS. INSPECTORS, MARSHALS, JUDGES AND CLERKS SHALL BE QUALIFIED VOTERS OF THE COUNTY, AND DIFFERENT POLITICAL PARTIES MUST BE REPRESENTED WITHIN EACH BOARD. THERE SHALL BE AN EQUAL NUMBER OF INSPECTORS IN THE VARIOUS VOTING CENTERS IN THE COUNTY WHO ARE MEMBERS OF THE TWO LARGEST POLITICAL PARTIES.
B. NOTWITHSTANDING ANY OTHER LAW, THE BOARD OF SUPERVISORS MAY APPOINT A PERSON WHO IS NOT ELIGIBLE TO VOTE TO A VOTING CENTER ELECTION BOARD TO SERVE AS A CLERK OF ELECTIONS ONLY IF ALL OF THE FOLLOWING APPLY:
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 VOTING CENTER 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 VOTING CENTER ELECTION BOARD.
3. THE PERSON IS SUPERVISED BY AN ADULT WHO HAS BEEN TRAINED AS A VOTING CENTER ELECTION BOARD WORKER.
4. THE PERSON HAS RECEIVED TRAINING PROVIDED BY THE OFFICER IN CHARGE OF ELECTIONS.
5. THE PERSON'S PARENT OR GUARDIAN HAS PROVIDED WRITTEN PERMISSION FOR THE PERSON TO SERVE.
C. 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 A VOTING CENTER ELECTION BOARD PURSUANT TO SUBSECTION B OF THIS SECTION.
D. 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 A VOTING CENTER ELECTION BOARD PURSUANT TO SUBSECTION B OF THIS SECTION AGAINST ANY MANDATORY ATTENDANCE REQUIREMENTS FOR THE PUPIL.
E. THIS SECTION DOES NOT PREVENT THE BOARD OF SUPERVISORS OR OFFICER IN CHARGE OF ELECTIONS FROM REFUSING TO REAPPOINT FOR CAUSE, OR FROM REMOVING FOR CAUSE, A VOTING CENTER ELECTION BOARD MEMBER.
Sec. 4. Repeal
Title 16, chapter 4, article 3, Arizona Revised Statutes, is repealed."
Page 1, line 14, strike "2." insert "5."
Page 2, line 12, after the first "a" insert "specific"; strike "in a county"
Line 13, strike "with a population of 500,000 or more persons," insert ", the board may authorize"; strike "may" insert "or other officer in charge of elections to"
Line 14, strike "the recorder deems" insert "deemed"
Line 15, after the period insert "A COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS MAY MAKE CHANGES TO THE APPROVED EARLY VOTING LOCATIONS AND SHALL NOTIFY THE PUBLIC AND THE BOARD OF SUPERVISORS REGARDING THESE CHANGES AS SOON AS IS PRACTICABLE. NOTWITHSTANDING ANY OTHER LAW, A COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS WHO ESTABLISHES EARLY VOTING LOCATIONS MAY CONTINUE TO OPERATE THOSE EARLY VOTING LOCATIONS DURING THE THREE-DAY PERIOD IMMEDIATELY PRECEDING ELECTION DAY, EXCEPT THAT ON-SITE EARLY VOTING SHALL END AS NEEDED TO ENSURE THAT PRECINCT REGISTERS AND OTHER ELECTION MATERIALS ARE REVISED FOR USE ON ELECTION DAY TO INDICATE WHICH VOTERS HAVE REQUESTED AN EARLY BALLOT, WHICH VOTERS HAVE ALREADY VOTED AND WHICH VOTERS ARE ON THE INACTIVE VOTER LIST."
Page 3, line 26, after "location" insert ", EXCEPT THAT IF THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS IS ABLE TO REVISE PRECINCT REGISTERS AND OTHER ELECTIONS MATERIALS IN A TIMELY MANNER FOR USE ON ELECTION DAY AS PRESCRIBED BY SUBSECTION A OF THIS SECTION, THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS MAY OPERATE THE ON-SITE EARLY VOTING LOCATIONS DURING THE THREE-DAY PERIOD IMMEDIATELY PRECEDING ELECTION DAY."
Page 4, line 8, after "election" insert "and if early voting for that election has ended in that county"
Strike lines 31 and 32
Strike page 5
Page 6, strike lines 1 through 23, insert:
"Sec. 6. Section 16-558.02, Arizona Revised Statutes, is amended to read:
16-558.02. Replacement ballots
A. The county recorder or other officer in charge of the election elections shall determine a central location one or more locations in the district appropriate jurisdiction for electors to obtain a replacement ballot. The each location shall be open until 7:00 p.m. of the day of the election. An elector may obtain a replacement ballot until 7:00 p.m. on the day of the election on presentation of a signed, sworn statement that the ballot was lost, spoiled, destroyed or not received cast.
B. The recorder or other officer in charge of elections shall keep a record of each replacement ballot provided pursuant to this section.
C. If an elector to whom a replacement ballot is issued votes more than once, only the first ballot received shall be counted.
Sec. 7. Section 16-584, Arizona Revised Statutes, is amended to read:
16-584. Qualified elector not on precinct register; recorder's certificate; verified ballot; procedure
A. A qualified elector whose name is not on the precinct register and who presents a certificate from the county recorder showing that the elector is entitled by law to vote in the precinct shall be entered on the signature roster on the blank following the last printed name and shall be given the next consecutive register number, and the qualified elector shall sign in the space provided.
B. A qualified elector whose name is not on the precinct register, upon on presentation of identification verifying the identity of the elector that includes the voter's given name and surname and the complete residence address that is verified by the election board to be in the precinct or on signing an affirmation that states that the elector is a registered voter in that jurisdiction and is eligible to vote in that jurisdiction, shall be allowed to vote a provisional ballot.
C. If a voter has moved to a new address within the county and has not notified the county recorder of the change of address before the date of an election, the voter shall be permitted to correct the voting records for purposes of voting in future elections at the appropriate polling place for the voter's new address. The voter shall be permitted to vote a provisional ballot. The voter shall present a form of identification that includes the voter's given name and surname and the voter's complete residence address. The residence address must be within the precinct in which the voter is attempting to vote, and the voter shall affirm in writing that the voter is registered in that jurisdiction and is eligible to vote in that jurisdiction.
D. On completion of the ballot, the election official shall remove the ballot stub, voter shall place the ballot in a provisional ballot envelope and shall deposit the envelope in the ballot box. Within ten calendar days after a general election that includes an election for a federal office and within five business days after any other election or no later than the time at which challenged early voting ballots are resolved, the signature shall be compared to the precinct signature roster of the former precinct where the voter was registered. If the voter's name is not signed on the roster and if there is no indication that the voter voted an early ballot, the provisional ballot envelope shall be opened and the ballot shall be counted. If there is information showing the person did vote, the provisional ballot shall remain unopened and shall not be counted. When provisional ballots are confirmed for counting, the county recorder shall use the information supplied on the provisional ballot envelope to correct the address record of the voter.
E. When a voter is allowed to vote a provisional ballot, the elector's name shall be entered on a separate signature roster page at the end of the signature roster. Voters' names shall be numbered consecutively beginning with the number V‑1. The elector shall sign in the space provided. The ballot stub shall be removed and the ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name or number, a sworn or attested statement of the elector that the elector resides in the precinct, is eligible to vote in the election and has not previously voted in the election, the signature of the elector and the voter registration number of the elector, if available. The ballot shall be verified for proper registration of the elector by the county recorder before being counted. The verification shall be made by the county recorder within ten calendar days after a general election that includes an election for a federal office and within five business days following any other election, and the voter receipt card, notification or identification card, if any, from the county recorder used therefor, if valid, shall be returned to the elector within a reasonable time thereafter. Verified ballots shall be counted by depositing the ballot in the ballot box and showing on the records of the election that the elector has voted. If registration is not verified the ballot shall remain unopened and shall be retained in the same manner as voted ballots.
F. For
any person who votes a provisional ballot, the county recorder or other officer
in charge of elections shall provide for a method of notifying the provisional
ballot voter at no cost to the voter whether the voter's ballot was verified
and counted and, if not counted, the reason for not counting the ballot. The
notification may be in the form of notice by mail to the voter, establishment
of a toll free telephone number, internet access or other similar method to
allow the voter to have access
to this information. The method of notification shall provide reasonable restrictions that are designed to limit transmittal of the information only to the voter."
Amend title to conform