ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: ELECT DPA 10-0-0-0 | 3rd Read: 59-0-1-0


HB 2364: election law amendments

Sponsor:  Representative Townsend, LD 16

House Engrossed

Overview

Makes various changes to statute relating to elections and contains an emergency clause.

History

Certain elections may be cancelled by the Board of Supervisors if only one person or no person files a nominating petition for a particular office.  The cancellation of the election must occur no earlier than 75 days before the election for that office.  If no person files a nominating petition, that office is deemed vacant and a person must be appointed to fill the position according to statute (A.R.S. §§ 15-424, 15-1442).

Current statute authorizes the county recorder to establish on-site early voting locations at the recorder's office that must be open and available for use beginning the same day that a county begins to send out the early ballots.  Additionally, the county recorder is permitted to establish any other early voting locations in the county that the recorder deems necessary (A.R.S. § 16-542).

Before the election board adjourns, the poll lists and voted ballots must be enclosed and sealed in a strong envelope and delivered to one of the members of the election board who shall, by himself or by an agent, deliver the packages and envelopes to the officer in charge of elections at his office without delay, and by the most expeditious means (A.R.S. § 16-615).

For a recognized political party in a precinct, if the number of people who file a nominating petition is more than the number of precinct committeeman positions, a separate ballot must be prepared for the election of precinct committeeman.  Current statute outlines the requirements of how this ballot must look and what information must be included.  The election board or official must provide the partisan precinct committeeman ballot to voters who are registered with that party in addition to the official ballot for the primary election (A.R.S. § 16-822).

Provisions

Cancellation of Elections

1.    Modifies the deadline for cancelling an election of school district governing or community college district boards to at least 105 days before the election if only one person or no person files a nominating petition. (Sec. 1, 2)

2.    Specifies that an election for education, special taxing districts or precinct committeeman that may be cancelled must be cancelled no earlier than 105 days before the election. (Sec. 7, 13)

3.    Adjusts the deadline for the filing of nomination papers by a write-in candidate for an election that may be cancelled to no later than the 106th day before the election. (Sec. 6)

 

 

Delivery of Returns

4.    Specifies that the delivery of returns must be in a secure container. (Sec. 11)

5.    Requires at least four election board workers, consisting of two members from each of the two largest political parties, to observe closing and sealing of the secure container and to sign the poll list and official ballot report for a county with a population of one million or more people. (Sec. 11)

6.    Stipulates that counties with a population of less than one million people must have at least two election board workers, one member from each of the two largest political parties, that observe the closing and sealing of the secure container and sign the poll list and official ballot report. (Sec. 11)

7.    Modifies where the official returns are delivered to and requires the returns be delivered without delay and by the most expeditious means and route. (Sec. 11)

8.    Asserts that for counties with a population of one million or more people, the returns must be accompanied by at least four people, two from each of the two largest political parties, if practicable, and if not, the returns must be accompanied by at least two people, one from each of the two largest political parties. (Sec. 11)

9.    Specifies that the returns must be accompanied by at least two people, one from each of the two largest political parties, if practicable, in counties with a population of less than one million people. (Sec. 11)

Political Party Representation

10.  Adds the requirement for the petition for representation on a ballot of a new political party to include the signatures of qualified electors in at least one-fourth of the election precincts of the county, city or town. (Sec. 12)

11.  Modifies the current signature verification on petitions for new political party representation on a ballot. (Sec. 12)

12.  Requires the county recorder or the city or town clerk, as applicable, to review the petitions in the manner prescribed in statute including the selection of a random sample of 20% of the total signatures. (Sec. 12)

13.  Asserts that each signature in the random sample must be individually verified and certified, and a calculation and projection of the total number of valid signatures and a determination of whether the party will be recognized. (Sec. 12)

Miscellaneous

14.  Eliminates the requirement for a county recorder to mail an item to any elector by first class mail. (Sec. 3)

15.  Specifies that the reimbursement of charges incurred by the counties for the presidential preference election will be based on each active registered voter in the county on January 2 of the year of the presidential preference election. (Sec. 4)

16.  Stipulates that the statement of interest requirements do not apply to candidates for elected office for career technical education districts, school districts or community college districts. (Sec. 5)

17.  Removes the requirement for the testing of the automatic tabulating equipment and programs to be observed by at least two election inspectors of different political parties. (Sec. 8)

18.  Specifies that the automatic tabulating equipment testing must be observed by at least one representative from each of the two largest political parties based on statewide voter registration totals. (Sec. 8)

19.  Deletes current language that requires paper ballots to be printed and bound so that every ballot has candidate names in a different and alternating position from the preceding ballot. (Sec. 9)

20.  Directs the county recorder or other officer in charge of elections to provide for a ballot replacement center that is as near to the central location as is practicable for electors to obtain a replacement ballot. (Sec. 10)

21.  Stipulates that if the number of people who file a nominating petition for a precinct committeeman position is more than the number of positions for a recognized political party, an additional ballot style must be prepared which includes the office of precinct committeeman. (Sec. 13)

22.  Makes technical and conforming changes. (Sec. 1, 2, 4-13)

23.  ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☒ Emergency (40 votes)	☐ Fiscal NoteContains an emergency clause. (Sec. 14)

 

 

 

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Initials SJ                    House Engrossed

 

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