Fifty-sixth Legislature                                                Government

First Regular Session                                                   S.B. 1695

 

PROPOSED

SENATE AMENDMENTS TO S.B. 1695

(Reference to printed bill)

 

 


Page 1, line 20, after "election" strike remainder of line

Line 21, strike "population of more than one million persons"

Line 23, after "election" strike remainder of line

Strike line 24

Line 25, strike "One percent of the eligible voters in the county" insert "if all of the following occur:

1. Voters in the county are disenfranchised as a result of at least one of the following OCCURRING:

(a) Voters wait more than ninety minutes outside of a voting location.  A Voter's wait time is calculated as beginning when a voter joins a line of persons who are waiting to vote outside of the voting location until that voter submits the voter's ballot into a tabulator if the location uses an on-site tabulator or DEPOSITS the ballot in the secure container provided for that purpose.

(b) An election official for that election fails to comply with a provision of this title or the instructions and procedures manual adopted PURSUANT to section 16-452.

(c) The ballot CHAIN of custody is not maintained as prescribed by this title or the instructions and procedures manual adopted PURSUANT to section 16-452.

2. Voters compLete and submit within five days after election day an affidavit in substantially the following form that alleges facts that support at least one of the claims prescribed by paragraph 1 of this subsection:

Affidavit of voter

I, ______________, residing at ________________ in ____________ county, Arizona, hereby swear or affirm that:

__  I waited more than ninety minutes outside of a voting location before I could COMPLETE and submit my ballot. The location, date and time of this event was at ________________, on _______ at ____ __.M.

__ I WITNESSED an election official's failure to comply with the statutes or the elections procedures manual by ______________ at ____________, on _______ at ____ __.M.

__ I witnessed a FAILURE to maintain a ballot's chain of custody by ___________ at ___________, on _______ at _____ _.M.

______________________________, SIGNED on _______________

3. A SUFFICIENT number of voters submit completed affidavits to the clerk of the superior court for the county in which the events OCCURRED to require action by a superior court judge.  For a county with one million registered voters or more, one thousand voters in that county is a sufficient number as PRESCRIBED by this paragraph. For a county with fewer than one million registered voters, two hundred fifty voters is a sufficient number as prescribed by this paragraph.

4. A superior court judge orders the canvass to be DELAYED and appoints a special master to examine the submitted affidavits and confirm the necessary facts within ten days after the date the affidavits are required to be submitted to the clerk of the superior court as prescribed by paragraph 3 of this subsection. The court shall order the canvass delayed and appoint a special master if a sufficient number of submitted affidavits are confirmed. The special master must be a CERTIFIED election officer in this state who CONDUCTS elections in a county other than the county affected by the court's orders.

5. The court declares the election to be a failed election and orders the county board of supervisors to call another election to be held within thirty days after the court's declaration.  The court shall declare the ELECTION to be a failed election if the court confirms the necessary facts as PRESCRIBED by paragraph 4 of this subsection.

E."

Reletter to conform

Page 1, line 27, after "election" insert "if so ordered by the court"

Line 28, after "D" insert "or E"

Amend title to conform


 

 

JAKE HOFFMAN

 

1695HOFFMAN.docx

02/15/2023

11:28 AM

C: MR