COMMITTEE ON MUNICIPAL OVERSIGHT & ELECTIONS
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2101
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 16-181, Arizona Revised Statutes, is amended to read:
16-181. Return of registration; alteration; civil penalty; violation; classification
A. An intentional failure of an authorized person, including a person or nonGOVERNMENTAL organization that receives BLANK voter registration forms from the secretary of state, county RECORDER or other authorized election official, to return the completed registration materials as provided in this chapter is a class 2 misdemeanor. A nongovernmental organization that fails to timely return completed registration materials that are timely received from a registrant is subject to a civil penalty of $50,000.
B. If an employee, contractor or volunteer of a nongovernmental organization registers voters on behalf of the nongovernmental organization and unlawfully alters the information on a voter registration form, the nongovernmental ORGANIZATION is subject to a civil penalty of $1,500 for each unlawfully altered voter registration form it returns.
Sec. 2. Title 16, chapter 1.1, article 1, Arizona Revised Statutes, is amended by adding section 16-194, to read:
16-194. Primary and general elections; requirements
A. NOTWITHSTANDING any other law, All primary and general elections in this state shall be conducted in strict adherence to the following:
1. A voter may not receive or vote a ballot unless the voter has presented valid state-issued identification.
2. Except for ABSENTEE ballots as prescribed by section 16-541:
(a) all voting shall occur on election day only.
(b) All ballots shall be cast in person by the voter at the voter's election precinct polling place.
3. All ballots shall be counted by hand and canvassed and the RETURNS made within TWENTY-four hours after the polls are closed.
B. Except as required by subsection A of this section, all Primary and general elections shall be conducted as otherwise provided by law.
Sec. 3. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 16-407.04 and 16-410.01, to read:
16-407.04. Ranked choice voting prohibited
An election in this state may not allow the ranking of candidates in any manner other than with a single vote for one candidate for each office to be filled.
16-410.01. County recorder; duties
Notwithstanding any other law, the county recorder is responsible only for providing an adequate number and type of ballots, pens, tables and other equipment as necessary for the various polling places located in precincts as determined by the number of registered voters in the precincts. The county board of supervisors shall perform or supervise all other election related duties.
Sec. 4. Section 16-515, Arizona Revised Statutes, is amended to read:
16-515. "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. 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. Notwithstanding section 16-1018, a person may not take photographs or videos while within the seventy-five foot limit.
H. Any A person violating who violates this section is guilty of a class 2 misdemeanor.
I. 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.
Sec. 5. Title 16, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 16-575, to read:
16-575. Mask mandate; vaccination; testing prohibition
The board of supervisors, county recorder and officer in charge of elections may not require that a voter, a board worker or any other person wear a facial mask at a polling place or other voting or tabulating location or be vaccinated against or tested for a virus as a condition of entering a polling place or other voting or tabulating location.
Sec. 6. Section 16-1011, Arizona Revised Statutes, is amended to read:
16-1011. Counterfeiting election returns; violation; classification
A. A person who knowingly forges or counterfeits returns of an election purporting to have been held at a precinct or place where no election was in fact held, or who knowingly substitutes, forges or counterfeits returns of election instead of the true returns for a precinct or place where an election was actually held, is guilty of a class 3 felony.
B. A person who knowingly substitutes, forges, counterfeits or tampers with ballot tabulations or totals or election results by electronic means or through the use of a computer, machine or other device is guilty of a class 3 2 felony. This subsection does not apply to the casting or tallying of ballots as provided by law or to the substitution or duplication of ballots as prescribed by sections 16-573, and 16-574 and 16-621.
C. Notwithstanding sections 13-907 and 13-908, a person who is convicted under this section shall not be automatically restored the right to vote."
Amend title to conform