Assigned to JUD FOR
COMMITTEE
Assigned to JUD FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
elections; equipment; amendments
Purpose
Makes changes to election procedures related to methods of casting votes with equipment no longer in use.
Background
Title 16, Article 3, Chapter 4 provides statutory authority for the use of lever voting machines (Laws 1979, Chapter 209). Statute describes lever voting machines as equipped with a device for printing, embossing or photographing the count as shown on the candidate and amendment counters. The device provides machine counter readings before and after the close of polls (A.R.S. § 16-424). S.B. 1437 removes statutory authorization of lever voting machines as well as punch card ballots.
A county board of supervisors (BOS) is required to appoint an election marshal who is a qualified voter of the precinct the person is appointed to serve. The election marshal is tasked with preserving order at the polls and preventing violations of election law. Statute grants election marshals with vested powers of a constable while polls are open until ballots are counted (A.R.S. § 16-535).
The Help America Vote Act (HAVA) of 2002 was passed by the United States Congress to make reforms to the nation's voting process. HAVA addresses improvements to voting systems and voter access that were identified following the 2000 election. HAVA creates new mandatory minimum standards for states to follow in several key areas of election administration.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Repeals statute authorizing lever voting equipment including the type of ballots used for such equipment.
2. Removes the requirement for a BOS to provide ballot labels, ballot cards and write-in ballots in preparation for elections.
3. Removes the requirement for a BOS to identify polling place changes submitted to the U.S. Department of Justice in providing public notice of polling places.
4. Removes reference to use of ballot cards, punch cards, tally boards and ballot labels in statute.
5. Eliminates reference to voters marking write-in votes with rubber stamps or other marking devices on a separate ballot.
6. Removes requirement for paper ballots to have a stub number that separates from the top of the ballot.
7. Allows a ballot to have a place for the voter to mark the voter's choice to the left of the candidate's name.
8. Places ballot instructions before, instead of after, ballot headings.
9. Removes the requirement that certain notices to voter posters be made in English and revises the notice to remove reference to write-in ballot envelopes and punch cards.
10. Removes reference to a BOS appointing tally boards.
11. Removes the requirement for a BOS or other authority in charge of elections to conduct classes for deputized counting center election officials.
12. Eliminates the ability for election marshals to be vested with powers of a constable.
13. Repeals requirement that counties, cities and towns have punch card early ballots available to voters.
14. Repeals requirement that keys to voting machines be delivered to judges prior to polls opening on election day.
15. Clarifies that a person in line at the time of polls closing may vote not specifically in the presence of the election board or an election board official.
16. Removes reference to inspection of punch machines by election officers on election day.
17. Repeals requirement for voting places to have voting device operating models for instructional use.
18. Removes restriction that prohibits a voter to be in the voting booth for more than five minutes.
19. Removes reference for how a voter must fold a ballot.
20. Allows a person to reenter a voting area after voting if the person is authorized by an official observer or that person is assisting another voter.
21. Eliminates the requirement, for purposes of counting a provisional ballot, for the county recorder to return to the voter a receipt card or notification or identification card.
22. Removes the requirement that a judge or inspector must sign a spoiled ballot.
23. Repeals requirement for election or tally board to immediately count the votes cast after the last ballot has been deposited in a ballot box.
24. Repeals requirement for paper ballots to be strung with string and sealed after being tallied.
25. Repeals section of law detailing how lever style voting equipment is inspected.
26. Repeals requirement for election or tally board to prepare an abstract and condensed abstract of the election results.
27. Removes prohibition from statute preventing a person from showing another voter's machine on which the voter used in a way that reveals how the person voted.
28. Defines the term E-pollbook.
29. Makes heading changes.
30. Makes technical and conforming changes.
31. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2018
JA/lat