HB2364 - 542R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-424, Arizona Revised Statutes, is amended to read:

START_STATUTE15-424. Election of governing board members; terms; statement of contributions and expenditures

A. A regular election shall be held for each school district at the time and place, and in the manner, of general elections as provided in title 16.

B. Except as provided in subsection C of this section and sections 15‑429 and 15‑430, the term of office for each member shall be four years from January 1 next following the member's election.

C. At the first general election held for a newly formed district, three members shall be elected. The candidate receiving the highest number of votes shall be elected to a four year four-year term, and the candidates having the second and third highest number of votes shall be elected to two year two-year terms. A district increasing its governing board to five members shall elect at the next general election members in the following manner:

1. If one of the previous three offices is to be filled, the three candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four year four-year terms.

2. If two of the previous three offices are to be filled, the candidates receiving the highest, the second highest and the third highest number of votes shall be elected to four year four-year terms. The candidate receiving the fourth highest number of votes shall be elected to a two year two-year term. Thereafter all such offices shall have four year four-year terms.

D. If only one person files a nominating petition or nomination paper for a write‑in candidate for an election to fill a district office, the board of supervisors no not earlier than seventy‑five one hundred five days before the election may cancel the election for the position and appoint the person who filed the nominating petition or nomination paper to fill the position. If no person files a nominating petition or nomination paper for an election to fill a district office, the board of supervisors no not earlier than seventy‑five one hundred five days before the election may cancel the election for that office and that office is deemed vacant and shall be filled as provided in section 15‑302. A person who is appointed pursuant to this subsection is fully vested with the powers and duties of the office as if elected to that office.

E. If two or more candidates receive an equal number of votes for the same office, and a higher number than any other candidate for that office, whether upon on the tally by the school election board or canvass of returns by the board of supervisors, or upon on recount by a court, the officer or board whose duty it is to declare the result shall determine by lot and in the presence of the candidates which candidate shall be declared elected.

F. Position of the names of candidates for each office shall be rotated so that each candidate occupies each position on the ballot an equal number of times, insofar as is possible, for each ballot style. For candidates seeking election to fill a vacancy on the governing board, the ballot shall be designated as provided in section 16‑502.

G. This section does not require that a school election at which no member is to be elected be held on a general election day.

H. All candidates for the office of school district governing board member shall file with the county school superintendent a statement of contributions and expenditures as provided in section 16‑926. END_STATUTE

Sec. 2. Section 15-1442, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1442. Nominating petitions; election; returns; results; certificate of election; statement of contributions and expenditures

A. Candidates for the district board must file nominating petitions, conforming to section 16‑314, with the appropriate county officer.

B. Members of the district board shall be elected at the time and place, and in the manner, of general elections as provided in title 16.

C. If only one person files a nominating petition or nomination paper for a write-in candidate for an election to fill a community college board office, the county school superintendent no not earlier than seventy‑five one hundred five days before the election may cancel the election for the position and appoint the person who filed the nominating petition or nomination paper to fill the position. If no person files a nominating petition or nomination paper for a candidate or for a write‑in candidate for an election to fill a community college board office, the county board of supervisors no not earlier than seventy-five one hundred five days before the election may cancel the election for that office and that office is deemed vacant and shall be filled as provided in section 15‑1441. A person who is appointed pursuant to this subsection is fully vested with the powers and duties of the office as if elected to that office.

D. The county school superintendent and the chairman of the board of supervisors shall meet on the seventh day following the election to canvass the returns in accordance with procedures for the canvass of returns in a general election. The county school superintendent shall declare the results of the election, declare elected the person receiving the highest number of votes for each office to be filled and issue to that person a certificate of election.

E. All candidates for the office of community college district governing board member shall file with the clerk of the board of supervisors a statement of contributions and expenditures as provided in section 16‑926.END_STATUTE

Sec. 3. Section 16-166, Arizona Revised Statutes, is amended to read:

START_STATUTE16-166. Verification of registration

A. Except for the mailing of sample ballots, a county recorder who mails an item to any elector shall send the mailing by nonforwardable first class mail marked with the statement required by the postmaster to receive an address correction notification. If the item is returned undelivered, the county recorder shall send a follow‑up notice to that elector within three weeks of receipt of the returned notice. The county recorder shall send the follow‑up notice to the address that appears in the general county register or to the forwarding address provided by the United States postal service. The follow‑up notice shall include an appropriate internet address for revising voter registration information or a registration form and the information prescribed by section 16‑131, subsection C and shall state that if the elector does not complete and return a new registration form with current information to the county recorder or make changes to the elector's voter registration information that is maintained online within thirty‑five days, the elector's registration status shall be changed from active to inactive.

B. If the elector provides the county recorder with a new registration form or otherwise revises the elector's information, the county recorder shall change the general register to reflect the changes indicated on the new registration. If the elector indicates a new residence address outside that county, the county recorder shall forward the voter registration form or revised information to the county recorder of the county in which the elector's address is located. If the elector provides a new residence address that is located outside this state, the county recorder shall cancel the elector's registration.

C. The county recorder shall maintain on the inactive voter list the names of electors who have been removed from the general register pursuant to subsection A or E of this section for a period of four years or through the date of the second general election for federal office following the date of the notice from the county recorder that is sent pursuant to subsection E of this section.

D. On notice that a government agency has changed the name of any street, route number, post office box number or other address designation, the county recorder shall revise the registration records and shall send a new verification of registration notice to the electors whose records were changed.

E. The county recorder on or before May 1 of each year preceding a state primary and general election or more frequently as the recorder deems necessary may use the change of address information supplied by the postal service through its licensees to identify registrants whose addresses may have changed. If it appears from information provided by the postal service that a registrant has moved to a different residence address in the same county, the county recorder shall change the registration records to reflect the new address and shall send the registrant a notice of the change by forwardable mail and a postage prepaid preaddressed return form or an appropriate internet address for revising voter registration information by which the registrant may verify or correct the registration information. If the registrant fails to revise the information or return the form postmarked not later than thirty-five days after the mailing of the notice, the elector's registration status shall be changed from active to inactive. If the notice sent by the recorder is not returned, the registrant may be required to provide affirmation or confirmation of the registrant's address in order to vote. If the registrant does not vote in an election during the period after the date of the notice from the recorder through the date of the second general election for federal office following the date of that notice, the registrant's name shall be removed from the list of inactive voters. If the registrant has changed residence to a new county, the county recorder shall provide information on how the registrant can continue to be eligible to vote.

F. The county recorder shall reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship. Satisfactory evidence of citizenship shall include any of the following:

1. The number of the applicant's driver license or nonoperating identification license issued after October 1, 1996 by the department of transportation or the equivalent governmental agency of another state within the United States if the agency indicates on the applicant's driver license or nonoperating identification license that the person has provided satisfactory proof of United States citizenship.

2. A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the county recorder.

3. A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the county recorder of the applicant's United States passport.

4. A presentation to the county recorder of the applicant's United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States immigration and naturalization service by the county recorder.

5. Other documents or methods of proof that are established pursuant to the immigration reform and control act of 1986.

6. The applicant's bureau of Indian affairs card number, tribal treaty card number or tribal enrollment number.

G. Notwithstanding subsection F of this section, any person who is registered in this state on the effective date of this amendment to this section is deemed to have provided satisfactory evidence of citizenship and shall not be required to resubmit evidence of citizenship unless the person is changing voter registration from one county to another.

H. For the purposes of this section, proof of voter registration from another state or county is not satisfactory evidence of citizenship.

I. A person who modifies voter registration records with a new residence ballot shall not be required to submit evidence of citizenship. After citizenship has been demonstrated to the county recorder, the person is not required to resubmit satisfactory evidence of citizenship in that county.

J. After a person has submitted satisfactory evidence of citizenship, the county recorder shall indicate this information in the person's permanent voter file. After two years the county recorder may destroy all documents that were submitted as evidence of citizenship.END_STATUTE

Sec. 4. Section 16-250, Arizona Revised Statutes, is amended to read:

START_STATUTE16-250. Expenses of election

A. The secretary of state in consultation with the county recorders and the county officers in charge of elections shall include in the budget request for the department of state sufficient monies from the state general fund to conduct the presidential preference election prescribed by this article.

B. Reimbursement of charges incurred by the counties for the presidential preference election shall be made in the amount of one dollar twenty‑five cents $1.25 for each active registered voter in the county on January 1 2 of the year of the presidential preference election as evidenced by a proper claim submitted to the secretary of state. If the secretary of state determines that reimbursement at the rate prescribed by this subsection would jeopardize the ability of a county to comply with federal and state laws and regulations, the secretary of state may release the county from that rate of reimbursement. END_STATUTE

Sec. 5. Section 16-311, Arizona Revised Statutes, is amended to read:

START_STATUTE16-311. Nomination papers; statement of interest; filing; definitions

A. Any person desiring to become a candidate at a primary election for a political party and to have the person's name printed on the official ballot shall be a qualified elector of the party and, not less than one hundred twenty nor more than one hundred fifty days before the primary election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or description of place of residence and post office address, naming the party of which the person desires to become a candidate, stating the office and district or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section, and giving the date of the primary election and, if nominated, the date of the general election at which the person desires to become a candidate. Except for a candidate for United States senator or representative in Congress, a candidate for public office shall be a qualified elector at the time of filing and shall reside in the county, district or precinct that the person proposes to represent. A candidate for partisan public office shall be continuously registered with the political party of which the person desires to be a candidate beginning no later than the date of the first petition signature on the candidate's petition through the date of the general election at which the person is a candidate.

B. Any person desiring to become a candidate at any nonpartisan election and to have the person's name printed on the official ballot shall be at the time of filing a qualified elector of the county, city, town or district and, not less than one hundred twenty nor more than one hundred fifty days before the election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or description of place of residence and post office address, stating the office and county, city, town or district and ward or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section and giving the date of the election. A candidate for office shall reside at the time of filing in the county, city, town, district, ward or precinct that the person proposes to represent.

C. Notwithstanding subsection B of this section, any city or town may adopt by ordinance for its elections the time frame provided in subsection A of this section for filing nomination petitions. The ordinance shall be adopted not less than one hundred fifty days before the first election to which it applies.

D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A of this section a declaration, which shall be printed in a form prescribed by the secretary of state. The declaration shall include facts sufficient to show that, other than the residency requirement provided in subsection A of this section and the satisfaction of any monetary penalties, fines or judgments as prescribed in subsection J of this section, the candidate will be qualified at the time of election to hold the office the person seeks, and that for any monetary penalties, fines or judgments as prescribed in subsection J of this section, the candidate has made complete payment before the time of filing.

E. The nomination paper of a candidate for the office of United States senator or representative in Congress, for the office of presidential elector or for a state office, including a member of the legislature, or for any other office for which the electors of the entire state or a subdivision of the state greater than a county are entitled to vote, shall be filed with the secretary of state no later than 5:00 p.m. on the last date for filing.

F. The nomination paper of a candidate for superior court judge or for a county, district and precinct office for which the electors of a county or a subdivision of a county other than an incorporated city or town are entitled to vote shall be filed with the county elections officer no later than 5:00 p.m. on the last date for filing as prescribed by subsection A of this section. The nomination paper of a candidate for a city or town office shall be filed with the city or town clerk no later than 5:00 p.m. on the last date for filing. The nomination paper of a candidate for school district office shall be filed with the county school superintendent no later than 5:00 p.m. on the last date for filing.

G. The nomination paper shall include the exact manner in which the candidate desires to have the person's name printed on the official ballot and shall be limited to the candidate's surname and given name or names, an abbreviated version of such names or appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William" or "S." for "Samuel". Nicknames are permissible, but in no event shall nicknames, abbreviated versions or initials of given names may not suggest reference to professional, fraternal, religious or military titles. No other descriptive name or names shall be printed on the official ballot, except as provided in this section. Candidates' abbreviated names or nicknames may be printed within quotation marks. The candidate's surname shall be printed first, followed by the given name or names.

H. Not later than the date of the first petition signature on a nomination petition, a person who may be a candidate for office pursuant to this section shall file a statement of interest with the appropriate filing officer for that office. The statement of interest shall contain the name of the person, the political party, if any, and the name of the office that may be sought. Any nomination petition signatures collected before the date the statement of interest is filed are invalid and subject to challenge. This subsection does not apply to:

1. Candidates for elected office for special taxing districts that are established pursuant to title 48, chapters 2, 3, 11, 12, 15, 17, 18, 19, 20, 22, 27 and 32.

2. Candidates for precinct committeeman.

3. Candidates for president or vice president of the United States.

4. Candidates for elected office for school districts, community college districts or career technical education districts.

I. A person who does not file a timely nomination paper that complies with this section is not eligible to have the person's name printed on the official ballot for that office. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the person provides or has provided all of the following:

1. The financial disclosure statement as prescribed for candidates for that office.

2. The declaration of qualification and eligibility as prescribed in subsection D of this section.

J. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.

K. For the purposes of this title:

1. "Election district" means the this state, any county, city, town, precinct or other political subdivision or a special district that is not a political subdivision, that is authorized by statute to conduct an election and that is authorized or required to conduct its election in accordance with this title.

2. "Nomination paper" means the form filed with the appropriate office by a person wishing to declare the person's intent to become a candidate for a particular political office. END_STATUTE

Sec. 6. Section 16-312, Arizona Revised Statutes, is amended to read:

START_STATUTE16-312. Filing of nomination papers for write‑in candidates

A. Any person desiring to become a write‑in candidate for an elective office in any election shall file a nomination paper, signed by the candidate, giving the person's actual residence address or description of place of residence and post office address, age, length of residence in the state and date of birth.

B. A write‑in candidate shall file the nomination paper not later than 5:00 p.m. on the fortieth day before the election, except that:

1. A candidate running as a write‑in candidate as provided in section 16‑343, subsection D shall file the nomination paper not later than 5:00 p.m. on the fifth day before the election.

2. A candidate running as a write-in candidate for an election that may be canceled pursuant to section 16‑410 shall file the nomination paper not later than 5:00 p.m. on the seventy-sixth one hundred sixth day before the election.

C. The write‑in filing procedure shall be in the same manner as prescribed in section 16‑311. Any person who does not file a timely nomination paper shall not be counted in the tally of ballots. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided the financial disclosure statement as prescribed for candidates for that office.

D. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a write-in candidate for state or local office if the person is liable for an aggregation of one thousand dollars $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.

E. The secretary of state shall notify the various boards of supervisors as to write‑in candidates filing with the secretary of state's office. The county school superintendent shall notify the appropriate board of supervisors as to write‑in candidates filing with the superintendent's office. The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements. In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed. No other write‑ins shall be counted. The election board inspector shall post the notice of official write‑in candidates in a conspicuous location within the polling place.

F. Except as provided in section 16‑343, subsection E, a candidate may not file pursuant to this section if any of the following applies:

1. For a candidate in the general election, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.

2. For a candidate in the general election, the candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16‑322.

3. For a candidate in the primary election, the candidate filed a nomination petition for the current primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16‑322, withdrew from the primary election after a challenge was filed or was removed from or otherwise determined by court order to be ineligible for the primary election ballot.

4. For a candidate in the general election, the candidate filed a nomination petition for nomination other than by primary for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16‑341.

G. A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice‑presidential running mate, the names of presidential electors who will represent that candidate and a statement signed by the vice‑presidential running mate and designated presidential electors that indicates their consent to be designated. A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper. The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state. END_STATUTE

Sec. 7. Section 16-410, Arizona Revised Statutes, is amended to read:

START_STATUTE16-410. Cancellation of certain elections; appointment to office; filling vacancies

A. Notwithstanding any other law, in any election that is to be held pursuant to title 15, title or 48 or section 16-822, if the total of the number of persons who file a nomination petition for a candidate and the number of persons who file a nomination paper for a write-in candidate as prescribed by chapter 3, articles 2 and 3 of this title is less than or equal to the number of positions to be filled at the election for which the nomination petition or nomination paper is filed, the county board of supervisors may cancel the election no earlier than seventy‑five one hundred five days before the election and appoint the person or persons who filed the nomination petition or nomination paper to fill the position for the term of office for which the candidate was nominated by the qualified electors.

B. A person who is appointed pursuant to subsection A of this section is fully vested with the powers and duties of the office as if elected to that office.

C. If no nomination petitions for a candidate and no nomination papers for a write-in candidate have been filed to fill the position for which the election was being held, the position is deemed vacant and shall be filled in accordance with laws governing the filling of those vacancies.

D. Canceled elections shall not appear on any ballot, but if a withdrawal or disqualification of one or more candidates results in the cancellation of an election after the ballots have been printed, the results of any vote for that office shall not be canvassed. END_STATUTE

Sec. 8. Section 16-449, Arizona Revised Statutes, is amended to read:

START_STATUTE16-449. Required test of equipment and programs; notice; procedures manual

A. Within the period of time before the election day prescribed by the secretary of state in the instructions and procedures manual adopted pursuant to section 16‑452, the board of supervisors or other election officer in charge, or for an election involving state or federal candidates, the secretary of state, shall have the automatic tabulating equipment and programs tested to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least forty‑eight hours prior thereto before the test by publication once in one or more daily or weekly newspapers published in the town, city or village using such equipment, if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be observed by at least two election inspectors, who shall not be of the same political party, and shall be open to representatives of the political parties, and shall be open to candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject such votes. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment and programs are approved. A copy of a revised program shall be filed with the secretary of state within forty‑eight hours after the revision is made. If the error was created by automatic tabulating equipment malfunction, a report shall be filed with the secretary of state within forty‑eight hours after the correction is made, stating the cause and the corrective action taken. The test shall be repeated immediately before the start of the official count of the ballots in the same manner as set forth above. After the completion of the count, the programs used and the ballots shall be sealed, retained and disposed of as provided for paper ballots.

B. Electronic ballot tabulating systems shall be tested for logic and accuracy within seven days before their use for early balloting pursuant to the instructions and procedures manual for electronic voting systems that is adopted by the secretary of state as prescribed by section 16‑452. The instructions and procedures manual shall include procedures for the handling of ballots, the electronic scanning of ballots and any other matters necessary to ensure the maximum degree of correctness, impartiality and uniformity in the administration of an electronic ballot tabulating system.

C. Notwithstanding subsections A and B of this section, if a county uses accessible voting equipment to mark ballots and that accessible voting equipment does not independently tabulate or tally votes, the secretary of state in cooperation with the county officer in charge of elections may designate a single date to test the logic and accuracy of both the accessible voting equipment and electronic ballot tabulating systems. END_STATUTE

Sec. 9. Section 16-464, Arizona Revised Statutes, is amended to read:

START_STATUTE16-464. Rotation of names on ballots

A. When there are two or more candidates for a nomination, except in the case of precinct committeemen, the names of all candidates for the nomination shall be so alternated upon on the ballots used in each election precinct that the name of each candidate shall appear substantially an equal number of times at the top, at the bottom and in each intermediate place of the list or group of candidates in which they belong. When there are fewer than or the same number of candidates seeking office as the number to be elected, rotation of names is not required and the names shall be placed in alphabetical order.

B. The position of the names of candidates for precinct committeemen shall be drawn by lot for appearance on the ballot when there are more candidates than positions available. Such The drawing shall take place at a public meeting called by the board of supervisors for that purpose.

C. In elections in which paper ballots are used, the ballots shall be printed and bound so that every ballot in the bound blocks shall have the names in a different and alternating position from the preceding ballot.

D. C. When there are two or more precincts in a political subdivision that hold an all mail ballot election, candidate name rotation shall be the presumed method of ballot organization, unless candidate name rotation is found to be impracticable. When candidate name rotation is found to be impracticable, the position of the names of candidates shall be drawn by lot at a public meeting.

E. D. The provisions of this section shall do not be applied apply where voting machines are used.END_STATUTE

Sec. 10. Section 16-542, Arizona Revised Statutes, is amended to read:

START_STATUTE16-542. Request for ballot; civil penalties; violation; classification

A. Within ninety‑three days before any election called pursuant to the laws of this state, an elector may make a verbal or signed request to the county recorder, or other officer in charge of elections for the applicable political subdivision of this state in whose jurisdiction the elector is registered to vote, for an official early ballot. In addition to name and address, the requesting elector shall provide the date of birth and state or country of birth or other information that if compared to the voter registration information on file would confirm the identity of the elector. If the request indicates that the elector needs a primary election ballot and a general election ballot, the county recorder or other officer in charge of elections shall honor the request. For any partisan primary election, if the elector is not registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16‑804, the elector shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the elector may receive and vote the ballot of only that one political party, which also shall include any nonpartisan offices and ballot questions, or the elector shall designate the ballot for nonpartisan offices and ballot questions only and the elector may receive and vote the ballot that contains only nonpartisan offices and ballot questions. The county recorder or other officer in charge of elections shall process any request for an early ballot for a municipal election pursuant to this subsection. The county recorder may establish on‑site early voting locations at the recorder's office, which shall be open and available for use beginning the same day that a county begins to send out the early ballots. On approval of the board of supervisors in advance of the start of early voting, the county recorder or other officer in charge of elections may also establish any other early voting locations in the county the recorder or other officer deems necessary. 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 and on-site early voting locations until 5:00 p.m. on the Monday immediately preceding election day, except that early voting shall end for early voting locations or on‑SITE early voting locations 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. Any on-site early voting location or other early voting location shall require each elector to present identification as prescribed in section 16‑579 before receiving a ballot. Notwithstanding section 16‑579, subsection A, paragraph 2, at any on-site early voting location or other early voting location the county recorder or other officer in charge of elections may provide for a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instruction instructions and procedures manual adopted pursuant to section 16‑452.

B. Notwithstanding subsection A of this section, a request for an official early ballot from an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99‑410; 52 United States Code section 20310) or a voter whose information is protected pursuant to section 16‑153 that is received by the county recorder or other officer in charge of elections more than ninety‑three days before the election is valid. If requested by the absent uniformed services or overseas voter, or a voter whose information is protected pursuant to section 16‑153, the county recorder or other officer in charge of elections shall provide to the requesting voter early ballot materials through the next regularly scheduled general election for federal office immediately following receipt of the request unless a different period of time, which does not exceed the next two regularly scheduled general elections for federal office, is designated by the voter.

C. The county recorder or other officer in charge of elections shall mail the early ballot and the envelope for its return postage prepaid to the address provided by the requesting elector within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to section 16‑545, except that early ballot distribution shall not begin more than twenty-seven days before the election. If an early ballot request is received on or before the thirty‑first day before the election, the early ballot shall be distributed not earlier than the twenty-seventh day before the election and not later than the twenty-fourth day before the election.

D. Only the elector may be in possession of that elector's unvoted early ballot. If a complete and correct request is made by the elector within twenty‑seven days before the election, the mailing must be made within forty‑eight hours after receipt of the request. Saturdays, Sundays and other legal holidays are excluded from the computation of the forty‑eight hour period prescribed by this subsection. If a complete and correct request is made by an absent uniformed services voter or an overseas voter before the election, the regular early ballot shall be transmitted by mail, by fax or by other electronic format approved by the secretary of state within twenty‑four hours after the early ballots are delivered pursuant to section 16‑545, subsection B, excluding Sundays.

E. In order to be complete and correct and to receive an early ballot by mail, an elector's request that an early ballot be mailed to the elector's residence or temporary address must include all of the information prescribed by subsection A of this section and must be received by the county recorder or other officer in charge of elections no not later than 5:00 p.m. on the eleventh day preceding the election. An elector who appears personally no not later than 5:00 p.m. on the Friday preceding the election at an on‑site early voting location that is established by the county recorder or other officer in charge of elections shall be given a ballot after presenting identification as prescribed in section 16‑579 and shall be permitted allowed to vote at the on‑site location, except that if the county recorder or other officer in charge of elections is able to revise precinct registers and other election 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 until 5:00 p.m. on the Monday immediately preceding election day. Notwithstanding section 16‑579, subsection A, paragraph 2, at any on-site early voting location the county recorder or other officer in charge of elections may provide for a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instruction instructions and procedures manual adopted pursuant to section 16‑452. If an elector's request to receive an early ballot is not complete and correct but complies with all other requirements of this section, the county recorder or other officer in charge of elections shall attempt to notify the elector of the deficiency of the request.

F. Unless an elector specifies that the address to which an early ballot is to be sent is a temporary address, the recorder may use the information from an early ballot request form to update voter registration records.

G. The county recorder or other officer in charge of early balloting shall provide an alphabetized list of all voters in the precinct who have requested and have been sent an early ballot to the election board of the precinct in which the voter is registered not later than the day before the election.

H. As a result of experiencing an emergency between 5:00 p.m. on the Friday preceding the election and 5:00 p.m. on the Monday preceding the election, qualified electors may request to vote in the manner prescribed by the board of supervisors of their respective county. Before voting pursuant to this subsection, an elector who experiences an emergency 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 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. For the purposes of this subsection, "emergency" means any unforeseen circumstances that would prevent the elector from voting at the polls.

I. Notwithstanding section 16‑579, subsection A, paragraph 2, for any voting pursuant to subsection H of this section, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16‑452.

J. A candidate, political committee or other organization may distribute early ballot request forms to voters. If the early ballot request forms include a printed address for return, the addressee shall be the political subdivision that will conduct the election. Failure to use the political subdivision as the return addressee is punishable by a civil penalty of up to three times the cost of the production and distribution of the request.

K. All original and completed early ballot request forms that are received by a candidate, political committee or other organization shall be submitted within six business days after receipt by a candidate, political committee or other organization or eleven days before the election day, whichever is earlier, to the political subdivision that will conduct the election. Any person, political committee or other organization that fails to submit a completed early ballot request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed early ballot request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony. END_STATUTE

Sec. 11. Section 16-558.02, Arizona Revised Statutes, is amended to read:

START_STATUTE16-558.02. Replacement ballots

A. The county recorder or other officer in charge of the election elections shall determine a central location in the district and shall provide for a ballot replacement center that is as near to that location as is practicable for electors to obtain a replacement ballot. The 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 presenting a signed, sworn statement that the ballot was lost, spoiled, destroyed or not received.

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. END_STATUTE

Sec. 12. Section 16-615, Arizona Revised Statutes, is amended to read:

START_STATUTE16-615. Delivery of returns

A. Before it adjourns, the election board shall enclose and seal in a strong envelope secure container provided for that purpose one of the poll lists, signed as required.

B. The envelope containing container enclosing the poll list shall constitute the official returns of the election and, together with the envelope containing container enclosing the voted ballots, shall be delivered to one of the members of the election board, previously determined by lot, unless otherwise agreed on, and such member shall by himself, or by an agent agreed on by the board and sworn by a member thereof, in the presence of the board to faithfully perform the duties of election messenger, without delay, and by the most expeditious means and route, deliver the packages and envelopes, without opening them, to the officer in charge of the election at his office, or to the nearest postmaster or sworn express agent, who shall endorse on the packages and envelopes the name of the person delivering them, and the hour and date of the delivery, and forward the packages and envelopes by the first mail or express to the officer in charge of the election at the county seat without delay and by the most expeditious means and route. For a county with a population of more than three hundred thousand persons, at least four persons, not more than two of whom may be members of the same political party, shall accompany the returns. For a county with a population of three hundred thousand persons or less and, if practicable, at least four persons, not more than two of whom may be members of the same political party, and if not practicable, two persons, who may not be members of the same political party, shall accompany the returns. END_STATUTE

Sec. 13. Section 16-802, Arizona Revised Statutes, is amended to read:

START_STATUTE16-802. Representation of new party on ballot for county or municipal election

A new political party shall become eligible for recognition, shall be represented by an official party ballot at the next ensuing primary election of a county, city or town and shall be placed on the official ballot at the succeeding regular election upon on filing with the officer in charge of elections of the county or the city or town clerk, as the case may be, a petition signed by a number of qualified electors equal to not less than two per cent percent of the votes cast for county attorney in the case of a county petition or for mayor in the case of a city or town petition and if the petition contains the signatures of qualified electors in at least one-fourth of the election precincts of the COUNTY, city or town. The petition shall bear the certification of the county recorder or the city or town clerk, as the case may be, that he has examined the signatures on the petition, that it contains the signatures of a number of qualified electors equal to not less than two per cent of the votes cast for county attorney or mayor at the last preceding election, and that it contains the signatures of qualified electors in not less than one‑fourth of the election precincts of the county, city or town. The county recorder or the city or town clerk, as applicable, shall review the petitions in the same manner prescribed by section 16-803, including the selection of a random sample of twenty percent of the total signatures eligible for verification, which shall be individually verified and certified, and a calculation and projection of the total number of valid signatures and a determination whether the party shall be recognized as prescribed by section 16-803, subsection I. END_STATUTE

Sec. 14. Section 16-822, Arizona Revised Statutes, is amended to read:

START_STATUTE16-822. Precinct committeemen; eligibility; vacancy; duties; term

A. Any member of a recognized political party who is a registered voter in the precinct is eligible to seek the office of precinct committeeman of that party in that precinct.

B. If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is less than or equal to the number of precinct committeeman positions, the county board of supervisors may cancel the election for those positions not sooner than seventy‑five one hundred five days before the election and appoint the person who filed the nominating petition to fill the position. If no person has filed a nominating petition to fill a position, the position is deemed vacant and shall be filled as otherwise provided by law. A precinct committeeman who is appointed pursuant to this subsection after filing a nominating petition shall be deemed an elected precinct committeeman.

C. If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is more than the number of precinct committeeman positions for a recognized political party in a precinct, a separate an additional ballot style shall be prepared for the election of precinct committeemen for the political party in that precinct, which shall include the office of precinct committeeman. The ballot shall conform as nearly as practicable to ballot requirements in this title, and to the official ballot prepared for that party in the primary election, but shall be designated as the "official ballot for electing precinct committeemen of the __________ party, primary election (date), __________ precinct, __________ county, state of Arizona." Only persons who are registered as members of that political party in that precinct may vote that precinct committeeman ballot style. The election board or official shall provide the partisan precinct committeeman ballot to voters who are registered with that party in addition to the official ballot prepared for that party in the primary election.

D. In addition to other provisions of law regarding removal from office, a vacancy shall exist in the office of precinct committeeman when the precinct committeeman moves from the precinct from which elected or changes political party from the party in which the precinct committeeman was elected.

E. The minimum duties of a precinct committeeman shall be to assist the precinct committeeman's political party in voter registration and to assist the voters of that political party to vote on election days. Additional duties shall be as provided for in the state committee bylaws of the precinct committeeman's political party.

F. The term of office of a precinct committeeman is two years and begins on October 1 after the primary election at which the precinct committeeman was a candidate and continues until October 1 after the following primary election at which a precinct committeeman is elected. END_STATUTE

Sec. 15. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.