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Senate Engrossed House Bill
elections; early ballot drop boxes |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HOUSE BILL 2591 |
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An Act
amending title 16, chapter 4, article 8, Arizona Revised Statutes, by adding section 16-546; amending section 16-1005, Arizona Revised Statutes; relating to early voting.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 16-546, to read:
16-546. Early ballot drop boxes; locations; recording
Notwithstanding any other law, all ballot drop boxes used in THIS state to receive voted early ballots must:
1. Be located inside a county building, except that a drop box may be located outside of a building if the ballot drop box is secured to a building or footing.
2. Be usable only on Monday through Friday from 8:00 a.m. to 5:00 p.m. If a ballot drop box is located outside of a building, the ballot drop box must be locked in a manner that prevents the deposit of ballots during any time other than Monday through Friday from 8:00 a.m. to 5:00 p.m.
3. Include a functioning camera or video recorder that photographs or video records and stores the images of each person who deposits one or more early ballots. The camera or video recorder may be motion activated.
Sec. 2. Section 16-1005, Arizona Revised Statutes, is amended to read:
16-1005. Ballot abuse; violation; classification; definitions
A. Any A person who knowingly marks a voted or unvoted ballot or ballot envelope with the intent to fix an election for that person's own benefit or for that of another person is guilty of a class 5 felony and is subject to a fine of $1,000 for each ballot.
B. It is unlawful to offer or provide any consideration to acquire a voted or unvoted early ballot. A person who violates this subsection is guilty of a class 5 felony.
C. It is unlawful to receive or agree to receive any consideration in exchange for a voted or unvoted ballot. A person who violates this subsection is guilty of a class 5 felony.
D. It is unlawful to possess a voted or unvoted ballot with the intent to sell the voted or unvoted ballot of another person. A person who violates this subsection is guilty of a class 5 felony and is liable for a fine of $1,000 for each ballot.
E. A person or entity that knowingly solicits the collection of voted or unvoted ballots by misrepresenting itself as an election official or as an official ballot repository or is found to be serving as a ballot drop off site, other than those established and staffed by election officials, is guilty of a class 5 felony.
F. A person who knowingly collects voted or unvoted ballots and who does not turn those ballots in to an election official, the United States postal service or any other entity permitted allowed by law to transmit post is guilty of a class 5 felony.
G. A person who engages or participates in a pattern of ballot fraud is guilty of a class 4 felony. For the purposes of this subsection, "pattern of ballot fraud" means the person has offered or provided any consideration to three or more persons to acquire the voted or unvoted ballot of a person.
H. A person who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 felony. An election official, a United States postal service worker or any other person who is allowed by law to transmit United States mail is deemed not to have collected an early ballot if the official, worker or other person is engaged in official duties. A person who violates this subsection is subject to a fine of $100 for each ballot unlawfully collected from a voter or unlawfully delivered to a ballot drop box.
I. Subsection H of This section subsection does not apply to:
1. An election held by a special taxing district that is formed pursuant to title 48 for the purpose of protecting or providing services to agricultural lands or crops and that is authorized to conduct elections pursuant to title 48.
2. A family member, household member or caregiver of the voter.
I. For the purposes of this paragraph section:
(a) 1. "Caregiver" means a person who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home.
(b) 2. "Collects" means to gain possession or control of an early ballot.
(c) 3. "Family member" means a person who is related to the voter by blood, marriage, adoption or legal guardianship.
(d) 4. "Household member" means a person who resides at the same residence as the voter.
Sec. 3. Legislative intent
This act is not intended to authorize the use of drop boxes, which is already prohibited by existing law.