Bill
Number: H.B. 2786
Ugenti-Rita Floor Amendment
Reference
to: House
Engrossed Bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1.
Prohibits the
use of a drop box for voted ballots in a county with a population of more than
1,000,000 persons.
2.
Prohibits a
county recorder or other officer in charge of elections, in a county with a
population of 1,000,000 persons or fewer, from using an unmonitored drop box
for the receipt of voted ballots, unless a drop box is located inside:
a) a polling place, voting center or other
location at which persons are voting and election staff is present and
monitoring the drop box; or
b) an office or other facility that is used
by a county recorder or other officer in charge of elections and at which
election staff is present and monitoring the drop box.
3.
Requires a
county with a population of 1,000,000 persons or fewer to provide and maintain
24-hour video surveillance each day for a location where it is not practicable
for election staff to be present.
4.
Requires
video recordings of the surveillance to be retained by the county for four
years.
5.
Exempts post
office boxes, privately owned mailboxes or cluster mail units intended for the
receipt and deliver of U.S. mail.
6.
Prohibits
a county recorder or other officer in charge of elections from providing for or
allowing a voter to receive a ballot and vote from a vehicle or other
conveyance, unless required for compliance with:
a) statutory requirements for
polling places that are inaccessible to elderly persons or persons with
disabilities;
b) the statutory
prohibition against discrimination in voting rights or public accommodations;
c) the ADA; or
d) federal law.
Fifty-fifth Legislature Ugenti-Rita
Second
Regular Session H.B. 2786
UGENTI-RITA FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2786
(Reference to House engrossed
bill)
Page 8,
after line 28, insert:
"Sec. 4. Title
16, chapter 4, article 8, Arizona Revised Statutes, is amended by adding
section 16-546, to read:
START_STATUTE16-546. Ballot drop boxes; vehicles;
prohibition
A. NOTWITHSTANDING
any other law, in a county with a population of more than one million persons,
a county recorder or other officer in charge of elections may not use a drop
box for receipt of voted ballots.
B. Notwithstanding
any other law, in a county with a population of one million persons or less, a
county recorder or other officer in charge of elections may not use an
unmonitored drop box for receipt of voted ballots. This subsection
does not apply to a ballot drop box that is located as follows:
1. Inside
a polling place, voting center or other location at which persons are voting
and election staff is present and monitoring the ballot drop box to ensure
compliance with applicable laws.
2. Inside
An office or other facility that is used by the county recorder or other
officer in charge of elections and at which election staff is present and
monitoring the ballot drop box.
C. Notwithstanding
subsection B of this section, in a county with a population of one million
persons or less, for a location where it is not practicable for election staff
to be present, the county shall provide and maintain video surveillance
twenty-four hours each day. The video recordings of the surveillance
shall be retained by the county for four years.
D. Subsections
A and B of this section do not apply to post office boxes, privately owned
mailboxes or cluster box units that are intended for the receipt and delivery
of United States mail.
E. EXCEPT
AS REQUIRED TO COMPLY WITH SECTION 16-581, TITLE 41, CHAPTER 9, ARTICLE 5, THE
AMERICANS WITH DISABILITIES ACT OF 1990 (P.L. 101-336) OR OTHER FEDERAL
LAW, THE COUNTY RECORDER OR other OFFICER IN CHARGE OF ELECTIONS MAY NOT
PROVIDE FOR OR ALLOW A VOTER TO RECEIVE A BALLOT AND VOTE FROM A VEHICLE OR
OTHER CONVEYANCE.END_STATUTE"
Amend title to conform