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REFERENCE TITLE: early ballots; affidavit; collections. |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1426 |
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Introduced by Senators Quezada: Dalessandro, Mendez, Peshlakai, Rios; Representative Andrade
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AN ACT
amending sections 16-547 and 16-1005, 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 16-547, 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 or returning 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 or returning the voter's ballot, I marked or returned 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 or was otherwise unable to return the ballot 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 delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county no later than 7:00 p.m. on election day.
WARNING-It is a felony to offer or receive any compensation for a ballot.
Sec. 2. Section 16-1005, Arizona Revised Statutes, is amended to read:
16-1005. Ballot abuse; violation; classification
A. Any person who knowingly marks a voted or unvoted ballot or ballot envelope with the intent to fix an election for that person's own benefit or for that of another person is guilty of a class 5 felony.
B. It is unlawful to offer or provide any consideration to acquire a voted or unvoted early ballot. A person who violates this subsection is guilty of a class 5 felony.
C. It is unlawful to receive or agree to receive any consideration in exchange for a voted or unvoted ballot. A person who violates this subsection is guilty of a class 5 felony.
D. It is unlawful to possess a voted or unvoted ballot with the intent to sell the voted or unvoted ballot of another person. A person who violates this subsection is guilty of a class 5 felony.
E. A person or entity that knowingly solicits the collection of voted or unvoted ballots by misrepresenting itself as an election official or as an official ballot repository or is found to be serving as a ballot drop off site, other than those established and staffed by election officials, is guilty of a class 5 felony.
F. A person who knowingly collects voted or unvoted ballots and who does not turn those ballots in to an election official, the United States postal service or any other entity permitted by law to transmit post is guilty of a class 5 felony.
G. A person who engages or participates in a pattern of ballot fraud is guilty of a class 4 felony. For the purposes of this subsection, "pattern of ballot fraud" means the person has offered or provided any consideration to three or more persons to acquire the voted or unvoted ballot of a person.
H. A person who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 felony. An election official, a United States postal service worker or any other person who is allowed by law to transmit United States mail is deemed not to have collected an early ballot if the official, worker or other person is engaged in official duties.
I. Subsection H of This section subsection does not apply to:
1. An election held by a special taxing district that is formed pursuant to title 48 for the purpose of protecting or providing services to agricultural lands or crops and that is authorized to conduct elections pursuant to title 48.
2. A family member, household member or caregiver of the voter or a person who signs the ballot affidavit as provided in section 16-547.
I. For the purposes of this paragraph subsection H of this section:
(a) 1. "Caregiver" means a person who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home.
(b) 2. "Collects" means to gain possession or control of an early ballot.
(c) 3. "Family member" means a person who is related to the voter by blood, marriage, adoption or legal guardianship.
(d) 4. "Household member" means a person who resides at the same residence as the voter.