ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

 


HB 2101: technical correction; presidential candidates; ballot

S/E: elections; requirements; prohibitions; violations

Sponsor: Representative Harris, LD 13

Committee on Municipal Oversight & Elections

 

Summary of the Strike-Everything Amendment to HB 2101

Overview

Outlines the minimum requirements for all primary and general elections. Defines prohibited election related activities and establishes civil penalties for specified offenses.

History

Early Voting

The County Recorder or officer in charge of elections can begin mailing out early ballots 27 days before the election. An early election board can tabulate early ballots as soon as they are received.  In Arizona, mailed early ballots must be received by the County Recorder or officer in charge of elections no later than 5:00 pm 11 days before the election (A.R.S. § 16-542).

A voter may also choose to vote early in person at an on-site early voting location established by the County Recorder. To vote early in person, an individual must present valid identification and must cast the ballot issued at that voting location (A.R.S. §§ 16-246, 16-542)

Identification Requirements

Prior to receiving a ballot at a polling place, an individual must present some form of acceptable identification. Valid identification includes federal, state and local government issued identification, such as an Arizona driver license or a United States Passport and is deemed valid unless expired.  If the address on the form of identification does not reasonably match the address in the precinct register, the identification must be accompanied by at least two different items that contain the name and address of the elector, such as a valid Arizona vehicle registration and a utility bill (A.R.S. § 16-579).

Voting Locations

A county Board of Supervisors may establish voting centers in addition to or in lieu of precinct-based polling places.  Polling places are specifically designated locations within election precincts where voters who reside in that precinct must vote. Voting centers are locations within a county where individuals can vote regardless of the person's designated election precinct (A.R.S. § 16-411)

Provisions

Primary and General Election Requirements

1.   Asserts a voter may not receive or vote a ballot unless the voter has presented valid state-issued identification. (Sec. 2)

2.   Stipulates that all voting must occur on election day and all ballots must be cast in person at the voter's designated election precinct polling place unless the voter qualifies for an absentee ballot. (Sec. 2)

3.   Requires all ballots to be counted by hand and canvassed and the returns made within 24 hours after the closing of the polls. (Sec. 2)

4.   Specifies the County Recorder is only responsible for providing an adequate number and type of ballots, pens, tables and other equipment as necessary for polling places and directs the county Board of Supervisors to perform or supervise all other election related duties. (Sec. 3)

Prohibitions

5.   Prohibits the ranking of candidates in any manner, other than with a single vote for one candidate for each office to be filled. (Sec. 3)

6.   Prohibits the Board of Supervisors, County Recorder or officer in charge of elections from requiring a voter, board worker or any other person:

a)   Wear a facial mask at a polling place or other voting or tabulating location; or

b)   Be vaccinated against or tested for a virus as a condition of entering a polling place or other voting or tabulating location. (Sec. 5)

Civil and Criminal Penalties

7.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteIncludes, in the classification of an authorized person who fails to return completed registration materials, a class 2 misdemeanor, a person or nongovernmental organization that receives blank voter registration forms from the Secretary of State, County Recorder or other authorized election official. (Sec. 1)

8.   Establishes a civil penalty of $50,000 for nongovernmental organizations that fail to timely return completed registration materials that are timely received from a registrant. (Sec. 1)

9.   Specifies a nongovernmental organization is subject to a civil penalty of $1,500 for each unlawfully altered voter registration form it returns, regardless of whether the form was unlawfully altered by an employee, contractor or volunteer of that organization. (Sec. 1)

10.  Increases, from a class 3 felony to a class 2 felony, the penalty for a person who knowingly substitutes or tampers with ballot tabulations or election results by electronic means. (Sec. 6)

Miscellaneous

11.  Allows one representative of a political party that was appointed by the chairman of that political party to be allowed to remain within the seventy-five-foot limit for purposes of making challenges, regardless of whether that political party is represented on the ballot. (Sec. 4)

12.  Repeals language concerning the seventy-five-foot limit and its application to minors voting in simulated elections. (Sec. 4)

13.  Makes technical changes. (Sec. 4)

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17.                    HB 2101

18.  Initials JH  Page 0 Municipal Oversight & Elections

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