HB2059 - 552R

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

Section 1. Section 16-515, Arizona Revised Statutes, is amended to read:

START_STATUTE16-515. "Seventy-five foot limit" notices; posting; violation; classification

A. Except as prescribed in this section and section 16-580, a person shall not be allowed to remain inside the seventy-five foot limit while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of that political party and the challengers allowed by law, and no electioneering may not occur within the seventy-five foot limit. Voters having cast their ballots shall promptly move outside the seventy-five foot limit.

B. The board of supervisors shall furnish, with the ballots for each polling place, three notices, printed in letters not less than two inches high, with the heading: "Seventy-five foot limit" and underneath that heading the following:

No person shall be allowed to remain inside these limits while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of such political party, and the challengers allowed by law. Voters having cast their ballots shall at once retire without the seventy-five foot limit. A person violating any provision of this notice is guilty of a class 2 misdemeanor.

C. A minor voting in a simulated election at a polling place is subject to the same seventy-five foot limit restrictions prescribed for a voter. Persons supervising or working in a simulated election in which minors vote may remain within the seventy-five foot limit of the polling place. The inspector for the polling place shall exercise authority over all election and simulated election related activities at the polling place.

D. For an election that is held by an Indian tribe and that is held at a polling place at the same time and on the same date as any other election, the following apply:

1. A person who is voting is subject to the same seventy-five foot limit restrictions prescribed for other voters.

2. An election official for the tribal election may remain within the seventy-five foot limit for the polling place.

E. With the permission of the voter, a minor may enter and remain within the seventy-five foot limit in order to accompany a voter into a polling place, an on-site early voting facility and a voting booth while the voter is voting.

F. For any drop boxes that are used for receiving voted early ballots, the board of supervisors shall furnish three notices prescribed by subsection B of this section and electioneering may not occur within the seventy-five foot limit. Voters who have delivered their ballots shall promptly move outside the seventy-five foot limit.

F. G. Notwithstanding any other law, an election official, a representative of a political party who has been appointed by the county chairman of that political party or a challenger who is authorized by law to be within the seventy-five foot limit as prescribed by this section shall not wear, carry or display materials that identify or express support for or opposition to a candidate, a political party or organization, a ballot question or any other political issue and shall not electioneer within the seventy-five foot limit of a polling place.

G. H. Notwithstanding section 16-1018, a person may not take photographs or videos while within the seventy-five foot limit.

H. I. Any person violating this section is guilty of a class 2 misdemeanor.

I. J. For the purposes of this section, electioneering occurs when an individual knowingly, intentionally, by verbal expression and in order to induce or compel another person to vote in a particular manner or to refrain from voting expresses support for or opposition to a candidate who appears on the ballot in that election, a ballot question that appears on the ballot in that election or a political party with one or more candidates who appear on the ballot in that election. END_STATUTE

Sec. 2. Title 16, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 16-546, to read:

START_STATUTE16-546. Ballot drop boxes; prohibition

Notwithstanding any other law, a county recorder or other officer in charge of elections may not use an unmonitored drop box for receiving voted early ballots. END_STATUTE

Sec. 3. Section 16-552, Arizona Revised Statutes, is amended to read:

START_STATUTE16-552. Early ballots; processing; challenges

A. In a jurisdiction that uses optical scan ballots, the officer in charge of elections may use the procedure prescribed by this section or may request approval from the secretary of state for a different method for processing early ballots. The request shall be made in writing at least ninety days before the election for which the procedure is intended to be used. After the election official has confirmed with the secretary of state that all election equipment passes the logic and accuracy test, the election official may begin to count early ballots. No early ballot results may be released except as prescribed by section 16-551.

B. The early election board shall check the voter's affidavit on the envelope containing the early ballot. If it is found to be sufficient, the vote shall be allowed. If the affidavit is insufficient, the vote shall not be allowed. An early election board member may not consider the voter's party affiliation while determining whether the affidavit is sufficient.

C. The county chairman of each political party represented on the ballot, by written appointment addressed to the early election board, may designate party representatives and alternates to act as early ballot challengers for the party. No party may have more than the number of such representatives or alternates that were mutually agreed on by each political party to be present at one time. If such agreement cannot be reached, the number of representatives shall be limited to one for each political party.

D. An early ballot may be challenged on any grounds set forth in section 16-591. All challenges shall be made in writing with a brief statement of the grounds before the early ballot is placed in the ballot box. A record of all challenges and resulting proceedings shall be kept in substantially the same manner as provided in section 16-594. If an early ballot is challenged, it shall be set aside and retained in the possession of the early election board or other officer in charge of early ballot processing until a time that the early election board sets for determination of the challenge, subject to the procedure in subsection E of this section, at which time the early election board shall hear the grounds for the challenge and shall decide what disposition shall be made of the early ballot by majority vote. If the early ballot is not allowed, it shall be handled pursuant to subsection G of this section.

E. Within twenty-four hours of receipt of a challenge, the early election board or other officer in charge of early ballot processing shall mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the request for an early ballot or, if none was provided, to the mailing address shown on the registration rolls. Notice shall also be mailed to the challenger at the address listed on the written challenge and provided to the county chairman of each political party represented on the ballot. The board shall meet to determine the challenge at the time specified by the notice but, in any event, not earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m. on the Monday following the election. The board shall provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge. The board may decline to permit comments, either in person or in writing, by anyone other than the voter, the challenger and the party representatives. The burden of proof is on the challenger to show why the voter should not be permitted to vote. The fact that the voter fails to appear shall not be deemed to be an admission of the validity of the challenge. The early election board or other officer in charge of early ballot processing is not required to provide the notices described in this subsection if the written challenge fails to set forth at least one of the grounds listed in section 16-591 as a basis for the challenge. In that event, the challenge will be summarily rejected at the meeting of the board. Except for election contests pursuant to section 16-672, the board's decision is final and may not be appealed.

F. If the vote is allowed, the board shall open the envelope containing the ballot in such a manner that the affidavit thereon is not destroyed, take out the ballot without unfolding it or permitting it to be opened or examined and show by the records of the election that the elector has voted.

G. If the vote is not allowed, the affidavit envelope containing the early ballot shall not be opened and the board shall mark across the face of such envelope the grounds for rejection. The affidavit envelope and its contents shall then be deposited with the opened affidavit envelopes and shall be preserved with official returns. If the voter does not enter an appearance, the board shall send the voter a notice stating whether the early ballot was disallowed and, if disallowed, providing the grounds for the determination. The notice shall be mailed by first class mail to the voter's mailing address as shown on the registration rolls within three days after the board's determination.

H. Party representatives and alternates may be appointed as provided in subsection C of this section to be present and to challenge the verification of questioned ballots pursuant to section 16-584 on any grounds permitted by this section. Questioned ballots that are challenged shall be presented to the early election board for decision under the provisions of this section. END_STATUTE

Sec. 4. Section 16-590, Arizona Revised Statutes, is amended to read:

START_STATUTE16-590. Appointment of challengers and party representatives

A. The county chairman of each party may designate, for each precinct, by written appointment addressed to the election board, designate a party agent or representative and alternates for a polling place in the precinct who may act as challengers for the party which appointed him that challenger.

B. At each voting place, one challenger for each political party may be present and act, but no a challenger may not enter a voting booth except to mark his THAT challenger's ballot.

C. Not more than the number of party representatives for each party which that were mutually agreed upon on by each political party represented on the ballot shall be in the polling place at one time. If such agreement cannot be reached, the number of representatives shall be limited to one in the polling place at one time for each political party.

D. A challenger or party representative shall be a resident of this state and registered to vote in this state and shall at all times prominently display the challenger or representative's name badge. The county recorder or officer in charge of elections shall issue name badges that include the party affiliation of the challenger or party representative. END_STATUTE

Sec. 5. Section 16-1017, Arizona Revised Statutes, is amended to read:

START_STATUTE16-1017. Unlawful acts by voters with respect to voting; classification

A voter who knowingly commits any of the following acts is guilty of a class 2 misdemeanor 6 felony:

1. Makes a false statement as to the voter's inability to mark a ballot.

2. Interferes with a voter within the seventy-five foot limit of a ballot drop box or the polling place as posted by the election marshal or within seventy-five feet of the main outside entrance to an on-site early voting location established by a county recorder pursuant to section 16-542, subsection A.

3. Endeavors while within the seventy-five foot limit for a ballot drop box or a polling place or on-site early voting location to induce a voter to vote for or against a particular candidate or issue.

4. Prior to Before the close of an election defaces or destroys a sample ballot posted by election officers, or defaces, tears down, removes or destroys a card of instructions posted for the instruction of voters.

5. Removes or destroys supplies or conveniences furnished to enable a voter to prepare the voter's ballot.

6. Hinders the voting of others.

7. Votes in a county in which the voter no longer resides, except as provided in section 16-125. END_STATUTE