PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1713
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 16, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 16-541.01, to read:
16-541.01. Definitions
In this article, unless the context otherwise requires:
1. "Completed affidavit" means a signed affidavit that includes the required voter information.
2. "Voter information" means the voter's date of birth and either the voter's voter REGISTRATION number or the VOTER'S Arizona DRIVER LICENSE number.
Sec. 2. 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 that is able to be concealed when delivered or mailed to the county recorder or other officer in charge of elections. The affidavit shall require a voter to provide voter information and shall be 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 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 the voter's ballot, I marked 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 and I understand that there is no power of attorney for voting and that the voter must be able to make their selection even if they 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 complete and sign the affidavit, mark the ballot and return both them 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 completed 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 not later than 7:00 p.m. on election day.
WARNING-It is a felony to offer or receive any compensation for a ballot.
D. Notwithstanding subsections A and C of this section, a special district that is not primarily supported by taxes may provide an early ballot affidavit that does not do either of the following:
1. Require a voter to provide voter information.
2. Conceal the voter's signature when delivered or mailed to the county recorder or other officer in charge of elections.
Sec. 3. Section 16-548, Arizona Revised Statutes, is amended to read:
16-548. Preparation and transmission of ballot
A. The early voter shall make complete and sign the affidavit and shall then mark his the ballot in such a manner that his the voter's vote cannot be seen. The early voter shall fold the ballot, if a paper ballot, so as to conceal the vote and deposit the voted ballot in the envelope provided for that purpose, which shall be securely sealed and, together with the completed affidavit, delivered or mailed to the county recorder or other officer in charge of elections of the political subdivision in which the elector is registered or deposited by the voter or the voter's agent at any polling place in the county. In order to be counted and valid, the ballot and completed affidavit must be received by the county recorder or other officer in charge of elections or deposited at any polling place in the county no not later than 7:00 p.m. on election day.
B. If the early voter is an overseas citizen, a qualified elector absent from the United States or in the United States service, a spouse or dependent residing with the early voter or a qualified elector of a special district mail ballot election as provided in article 8.1 of this chapter, the early voter may subscribe to the affidavit before and obtain the signature and military identification number or passport number, if available, of any person who is a United States citizen eighteen years of age or older.
C. Notwithstanding subsections A and B of this section, a special district that is not primarily supported by taxes may provide an early ballot affidavit that does not require the voter to provide voter information.
Sec. 4. Section 16-550, Arizona Revised Statutes, is amended to read:
16-550. Receipt of voter's ballot; cure period
A. On receipt of the envelope containing the early ballot and the ballot affidavit, the county recorder or other officer in charge of elections shall compare the signatures thereon with the signature of the elector on the elector's registration record and shall confirm the elector's voter information submitted by the elector pursuant to section 16-548, subsection A. If the signature is inconsistent with the elector's signature on the elector's registration record or the elector's voter information cannot be confirmed, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the voter, advise the voter of the inconsistent signature or inability to confirm the voter's information and allow the voter to correct or the county to confirm the inconsistent signature or voter information. The county recorder or other officer in charge of elections shall allow signatures to be corrected and voter information to be confirmed not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election. If satisfied that the signatures correspond or the voter information can be confirmed, the recorder or other officer in charge of elections shall hold the envelope containing the early ballot and the completed affidavit unopened in accordance with the rules of the secretary of state.
B. The recorder or other officer in charge of elections shall thereafter safely keep the affidavits and early ballots in the recorder's or other officer's office until delivered pursuant to section 16-551 and tallying of ballots shall not begin any earlier than fourteen days before election day.
C. The county recorder shall send a list of all voters who were issued early ballots to the election board of the precinct in which the voter is registered.
D. This section does not apply to:
1. A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.
2. A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter."
Amend title to conform