Fifty-fourth Legislature                                                        

Second Regular Session                                                          

 

COMMITTEE ON ELECTIONS

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2268

(Reference to printed bill)

 

 


Page 1, between lines 1 and 2, insert:

"Section 1.  Section 16-142, Arizona Revised Statutes, is amended to read:

START_STATUTE16-142.  Secretary of state; national voter registration act; uniformed and overseas citizens

A.  The secretary of state or the secretary's designee is:

1.  The chief state election officer who is responsible for coordination of state responsibilities under the national voter registration act of 1993 (P.L. 103‑31; 107 Stat. 77; 42 52 United States Code section 394 20509) and under the uniformed and overseas citizens absentee voting act (42 52 United States Code section 1973 20302).

2.  Responsible for providing information on registration and absentee or early ballot procedures to absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in this state.

B.  Not later than ninety days after the date of each regularly scheduled general election at which an election is held for federal office, the secretary of state shall submit a report to the election assistance commission established pursuant to the help America vote act of 2002 (P.L. 107‑252) that includes information on the number of ballots transmitted to absent uniformed services voters and overseas voters and the number of ballots returned and cast in the election.  The secretary of state shall prepare the report in cooperation and in conjunction with the county recorders and county officers in charge of elections.  The report shall be made available to the public.

C.  The secretary of state shall provide for a toll free telephone number for the use of the public to report incidents of voter fraud.  To the extent permitted by federal law, the secretary of state may use monies received from the United States government pursuant to the help America vote act of 2002 (P.L. 107‑252) to establish, staff and maintain the toll free telephone number and may also use those monies to defray the costs of any investigations arising from any reports received on the toll free telephone number. END_STATUTE

Sec. 2.  Section 16-1021, Arizona Revised Statutes, is amended to read:

START_STATUTE16-1021.  Enforcement by attorney general and county, city or town attorney

In any election for federal or state office, members of the legislature, justices of the supreme court, judges of the court of appeals or statewide initiative or referendum the attorney general may enforce the provisions of this title through civil and criminal actions.  In any election for county, city or town office, community college district governing board, judge or a county, city or town initiative or referendum, the appropriate county, city or town attorney may enforce the provisions of this title through civil and criminal actions.  In any special district election, the county attorney of any county in which the district or a portion of the district is located or the attorney general may enforce the laws governing such election.  For violations of this title that do not arise out of an election, the attorney general or the appropriate county, city or town attorney may ENFORCE these provisions through civil and criminal actions.END_STATUTE"

Renumber to conform

Page 1, line 4, after the first semicolon insert "voter fraud hotline;"

Line 6, after "that" insert "a violation of this title or"

Line 9, after the second "the" insert "violation, the"

Lines 12 and 13, strike "a toll‑free telephone number and"

Page 1, between lines 13 and 14, insert:

"B.  The attorney general shall provide for a toll-free telephone number for the use of the public to report incidents of voter fraud.  To the extent allowed by federal law, the attorney general may use monies received from the United States government pursuant to the help America vote act of 2002 (P.L. 107‑252) to establish, staff and maintain the toll‑free telephone number and may also use those monies to defray the costs of any investigations arising from any reports received on the toll‑free telephone number.

C.  the SECRETARY of state, the county board of supervisors, the county recorder, any other officers in charge of elections and ELECTION board workers shall promptly report known or suspected CRIMINAL violations of this title to the attorney general, except that alleged violations of chapter 6 of this title shall be reported, investigated and enforced as prescribed by that chapter."

Reletter to conform

Line 16, strike "and" insert "or may refer the matter to the appropriate jurisdiction for investigation PURSUANT to section 16-1021.  Unless PROVIDING a copy of the COMPLAINT would JEOPARDIZE an ongoing INVESTIGATION, the attorney general shall"; after "COMPLAINT" insert "on request"

Line 22, strike "recommended"

Line 23, after "actions" insert "taken"

Between lines 26 and 27, insert:

"F.  Within ninety days after each general election, the attorney general shall provide a summary report to the PRESIDENT of the senate and the speaker of the house of representatives with the NUMBER of COMPLAINTS RECEIVED during the year and the number of opened, closed and pending investigations."

Reletter to conform

Line 27, after the comma insert "a law enforcement officer or"

Line 29, after "use" strike remainder of line

Page 1, strike lines 30 and 31, insert "to preserve order or to investigate a criminal complaint.  Investigative ACTIVITY may not interfere with the lawful conduct of an election and may not interfere with or impede an elector's ability to vote."

Amend title to conform


And, as so amended, it do pass

 

KELLY TOWNSEND

CHAIRMAN

 

 

2268ELECTIONS

02/11/2020

04:53 PM

H: ra