Bill
Number: H.B. 2039
Ugenti-Rita
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
·
Amends
Laws 2019, Chapter 107 (S.B. 1090) to clarify that a qualified elector who
becomes ill or disabled prior to an election, and who requests a ballot to be
delivered by a special election board, must sign a statement that the person is
experiencing an emergency that began as early as the second Friday, rather than
the first Friday, before the election.
Fifty-fourth Legislature UGENTI-RITA
First
Regular Session H.B. 2039
UGENTI-RITA FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2039
(Reference to House engrossed
bill)
Page 1,
after line 16, insert:
"Sec. 2. Section
16-549, Arizona Revised Statutes, as amended by Laws 2019, chapter 107, section
4, is amended to read:
START_STATUTE16-549. Special
election boards; voting procedure for ill electors or electors with
disabilities; expenses
A. The
county recorder or other officer in charge of elections, for the purpose of
making it possible for qualified electors who are ill or have a disability to
vote, may appoint such number of special election boards as
needed. In a partisan election, each such board shall consist of two
members, one from each of the two political parties that cast the highest
number of votes in the state in the last preceding general
election. The county chairman of each such party shall furnish,
within sixty days before the election day, the county recorder or other officer
in charge of elections with a list of names of qualified electors within the
chairman's political party, and such additional lists as may be required, from
which the county recorder or other officer in charge of elections shall appoint
members to such special election boards. The county recorder or
other officer in charge of elections may refuse for cause to appoint or may for
cause remove a member of this board. A person who is a candidate for
an office other than precinct committeeman is not eligible to serve on the
special election board for that election.
B. Members
of special election boards appointed under this section shall be reimbursed for
travel expenses in the manner provided by law and shall also receive such
compensation as the board of supervisors or the governing body prescribes, all
of which shall be paid by the county or other political subdivision.
C. In
lieu of the mailed early ballot procedure, any qualified elector who is
confined as the result of a continuing illness or physical disability and is,
therefore, not able to go to the polls on the day of the next election and who
does not wish to vote by the mailed early ballot procedure, may make a verbal
or a signed written request to the county recorder or other officer in charge
of elections to have a ballot personally delivered to the elector by the
special election board at the elector's place of confinement within the county
or other political subdivision. The ballot shall be delivered to the
elector in person by a special election board as provided in this
section. Such requests must be made by 5:00 p.m. on the second
Friday before the election.
D. Qualified
electors who become ill or become a person with a disability after the second
Friday before the election may nevertheless request personal ballot delivery
pursuant to this section, and the county recorder or other officer in charge of
elections shall when possible honor such requests up to and including the last
day before the election. Qualified electors who are admitted to a hospital
after 5:00 p.m. on the second Friday preceding the election and before 5:00
p.m. on election day may request the county recorder or other officer in charge
of elections to provide a special election board with a ballot at the elector's
place of confinement. If the county recorder or other officer in
charge of elections is able to accommodate the request, the voted ballot of the
elector shall be sealed in an envelope and shall be processed as a provisional
ballot pursuant to section 16‑584. Before receiving a ballot pursuant to
this subsection, a qualified elector shall provide identification as prescribed
in section 16-579 and shall sign a statement under penalty of perjury that
states that the person is experiencing or experienced an emergency after 5:00
p.m. on the second Friday immediately
preceding the election and before 5:00 p.m. on the Monday immediately preceding
the election that would prevent the person from voting at the polls. Signed statements
received pursuant to this subsection are not subject to inspection pursuant to
title 39, chapter 1, article 2.
E. The
manner and procedure of voting shall be as provided in section 16‑548,
except that the marked ballot in the sealed envelope shall be handed by the
elector to the special election board and shall be delivered by the board to
the county recorder or other officer in charge of elections.END_STATUTE"
Amend title to conform