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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
misplaced ballots; invalidity; misdemeanor; damages
Purpose
Declares, as an invalid ballot, any ballot that is not included in chain of custody documentation. Classifies, as a class 2 misdemeanor, knowingly placing a ballot into the collection, verification or tabulation process outside of the official chain of custody. Allows a provisional or early voter whose ballot was accidentally misplaced to file an action for damages against the governmental body administering the election.
Background
Upon opening the polls, the inspector at a polling place must produce a sealed package of official ballots and publicly open the ballots and deliver one book or block to the judges. The other books or blocks of ballots must remain with the inspector until called for by the judges and required for voting. One of the judges must keep the ballots within the polling place in plain view of the public. A person is prohibited from taking or removing a ballot from the polling place before the polls are closed (A.R.S. § 16-572).
In any primary, special or general election in which the votes are cast on an electronic voting machine or tabulator, the election judge must compare the number of votes indicated as being cast on the machine or tabulator with the number of votes indicated as being cast on the poll list and the number of provisional ballots cast. The election judge must prepare and submit a written report including this information to the officer in charge of elections along with other tally reports (A.R.S. § 16-602). In each election precinct where voting machines are used, statements of tally must be printed to conform with the voting machine used.
After the close of the polls the members of the election board must prepare a report in duplicate of the number of voters who voted according to the poll list and place the report in the ballot box or metal container where the voted ballots have been placed. The container must be sealed with a numbered seal and delivered along with the statements of tally and delivered by two election board members of different political parties to the central counting place or other receiving station. The person in charge of receiving ballots must provide a numbered receipt acknowledging receipt of the ballots (A.R.S. § 16-608).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Declares, as an invalid ballot which may not be counted, any ballot that is not included in chain of custody documentation.
2. Classifies, as a class 2 misdemeanor, knowingly placing a ballot into the collection, verification or tabulation process outside of the official chain of custody.
3. Allows a voter with a provisional or early ballot that is accidentally misplaced and that cannot be counted to file an action for damages against the governmental body administering the election for the loss of the right to vote if the ballot identifies the voter on the face of the affidavit or envelope.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Declares, as an invalid ballot which may not be counted, any ballot that is not included in the chain of custody documentation, rather than any ballot that is misplaced and not included in the initial tally at a polling place.
2. Classifies, as a class 2 misdemeanor, knowingly placing a ballot into the collection, verification or tabulation process outside of the official chain of custody, rather than misplacing a ballot.
3. Outlines action for damages for a voter whose ballot is accidentally misplaced, rather than misplaced, and cannot be counted.
4. Makes technical and conforming changes.
Senate Action
GOV 1/31/22 DP 4-3-0
Prepared by Senate Research
March 11, 2022
MH/HW/slp