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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
voting; election day only; holiday
Purpose
Establishes the primary and general election days as legal state holidays. Repeals the authorization for voting locations or voting centers to be used for on-site early voting. Repeals the authorization for emergency voting centers to be established by a county board of supervisors (county BOS) or a county recorder.
Background
The primary election day occurs on the first Tuesday in August in the year of a general election and the general election day occurs on the first Tuesday after the first Monday in November of every even-numbered year (A.R.S. § 16-206). A person may be absent from work for the purposes of voting if there is less than three consecutive hours between the opening of the polls and the closing of the polls and the person's regular work shift. A person must notify the employer of such absence before the day of election and the employer may specify the hours during which the employee may be absent (A.R.S. § 16-402).
A county BOS may pass a resolution authorizing the county recorder or other officer in charge of elections to establish emergency voting centers (A.R.S. § 16-411). A county recorder may establish on-site early voting locations at the county recorder's office, which must be open and available for use beginning the same day that the county begins to mail out early ballots. A county recorder may also establish any other necessary early voting locations in the county. An elector who personally appears at an early voting location by 5:00 p.m. on the Friday preceding the election must be given a ballot after presenting valid identification. As a result of an emergency between 5:00 p.m. on the Friday preceding an election and 5:00 p.m. on the Monday preceding an election, an elector may request to vote at an emergency voting center established by the county BOS. An emergency is any unforeseen circumstances that would prevent the elector from voting at the polls (A.R.S. § 16-542).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the primary and general election days as legal state holidays.
2. Repeals the authorization for the county recorder or other office in charge of elections to establish voting locations and voting centers that allow for in-person early voting and instead requires voting locations and voting centers to be used on election day only.
3. Repeals the authorization for a county BOS to authorize the use of emergency voting centers in an election.
4. Repeals the authorization for a county recorder, other officer in charge of elections or county BOS to provide for emergency balloting for persons who experience an emergency after 5:00 p.m. on the Friday preceding an election, including the presidential preference election, and before 5:00 p.m. on the Monday immediately preceding the election.
5. Repeals the authority of a county recorder to establish on-site early voting locations at the county recorder's office.
6. Allows a person to be absent from the service or employment at which the person is employed on the day of election, rather than only if there are less than three consecutive hours between the opening of the polls and the closing of the polls and the person's regular work shift.
7. Removes the ability of an employer to specify the hours during which the employee can be absent for the purpose of voting.
8. Classifies, as a class 2 misdemeanor, knowingly removing an official ballot from an on-site voting location or voting center, rather than only removing an official ballot from a polling place.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2022
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