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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
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HB 2785: early voting; absentee; military
Sponsor: Representative Harris, LD 13
Committee on Municipal Oversight & Elections
Overview
Prohibits voting by mail, except for individuals covered under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and makes specified restrictions to the early voting process.
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)
Active Early Voting List
A qualified elector may request to be added to the Active Early Voting List for the purpose of automatically receiving an early ballot by mail for all elections the person is qualified to vote in. Once added to the list, the County Recorder is required to mail each person all early ballots that voter is eligible to vote, no later than the first day of early voting. Any voter on the Active Early Voting List may request to be removed at any time (A.R.S. § 16-544).
Voting Centers
Laws 2011, Chapter 331 § 3 authorized a county Board of Supervisors to utilize voting centers in place of or in addition to precinct-based polling places. A voting center is a location within a county where individuals can vote regardless of which voting precinct the individual lives in (A.R.S. § 16-411).
Uniformed and Overseas Citizens Absentee Voting Act
UOCAVA requires states to allow certain groups of citizens to register and vote an early absentee ballot in elections for federal offices. Individuals covered by UOCAVA include United States citizens who are members of the uniformed services and merchant marine, their family members and United States citizens residing outside of the United States (P.L. 99-410).
Provisions
On-Site Early Voting
1. Directs the County Recorder to establish and the Board of Supervisors to authorize a single on-site early voting location at the main office of the County Recorder. (Sec. 7, 10)
2. Specifies the on-site early voting location must open on the 15th day before election day. (Sec. 10)
3. Prohibits the County Recorder from opening more than one location for early voting. (Sec. 10)
4. Asserts only the voters who have signed an application that certifies that they expect to be absent from their precinct on election day may vote at an on-site early voting location. (Sec. 10)
5. Specifies a voter must complete an early voting application form that requires the voter to select an attestation that describes their need to vote early, under penalty of perjury. (Sec. 10)
6. Stipulates that a voter may only vote apply for early voting if the voter:
a) Is confined;
b) Will be absent from their precinct on election day; or
c) Expects to be outside the state on election day. (Sec. 10)
7. Asserts a confined voter may only vote by use of a special election board. (Sec. 10, 15)
8. Outlines the voting procedures for a person who votes by use of a special election board. (Sec. 15)
9. Stipulates if a voter is absent from their precinct on election day, the individual may vote early by appearing in person at the on-site early voting location at the County Recorder's main office. (Sec. 10)
10. States the County Recorder is prohibited from mailing a ballot to an Arizona address. (Sec. 10).
11. Directs the County Recorder or officer in charge of elections to provide for early voting applications to be received by mail, online or in person. (Sec. 10)
12. Requires a voter applying for early voting to provide the last four digits of their Social Security Number. (Sec. 10)
13. Repeals language concerning an early voter's request for an early primary and general election ballot. (Sec. 10)
14. Removes language allowing for candidates, political committees and other organizations to distribute early ballot request forms to voters. (Sec. 10)
15. Specifies early ballots must be deposited three days before election day to be counted and valid. (Sec. 14)
16. Requires all early votes to be counted on election day, before 7:00 pm. (Sec. 14)
17. Prohibits the results of the tally from being released until after 8:00 pm on election day. (Sec. 14)
18. Asserts the voter's signature on the early ballot affidavit must be notarized and contain the notary's attestation that the voter voted without assistance and outside the view of any other person. (Sec. 14)
Signature and Information Review Process
19. Outlines minimum requirements of the County Recorder of officer in charge of elections involving the comparison of signatures and the last four digits of the voter's social security number. (Sec. 16)
20. Stipulates if inconsistent signatures, social security numbers or dates of birth are not cured within the allowed time, then the vote is invalid and not counted. (Sec. 16)
21. Allows a county political party, early election boards and party observers to make challenges to early ballots on the grounds that signatures are inconsistent or the last four digits of the voter's social security number or Date of Birth does not match the ballot affidavit. (Sec. 17)
22. Specifies party observers and early election challengers are allowed full access to all information used in the signature and information review process. (Sec. 17)
23. Directs the County Recorder or officer in charge of elections to provide the county political party, upon their request and before removing the ballots from their privacy envelopes:
a) A copy of all early ballot envelopes;
b) All reference signatures; and
c) Information for all accepted ballots. (Sec. 17)
Repeal of Voting Centers
24. Repeals statute that allows a county Board of Supervisors to authorize the use of voting centers in place of or in addition to specifically designated polling places. (Sec. 7)
Repeal of the Active Early Voting List
25. Repeals statute allowing voters to request to be included on the Active Early Voting list. (Sec. 4, 5, 8, 9 and 12)
Absentee Voting
26. Specifies a voter may not receive a mail ballot unless the person expects to be outside the state on election day and the 15 preceding days. (Sec. 10)
27. Designates requested ballots for voters who qualify under UOCAVA as absentee ballots. (Sec. 11)
28. Specifies early absentee ballots can only be mailed to a qualified elector at a temporary address outside Arizona. (Sec. 10)
29. States the Secretary of State may only receive federal postcard applications that are mailed, emailed or sent through the Secretary of State's website. (Sec. 11)
30. Repeals language that requires the Secretary of State to provide emergency procedures regarding the early balloting process for persons qualified under UOCAVA. (Sec. 11)
Presidential Preference Elections
31. Repeals language allowing a qualified presidential elector who has begun residence in another state from casting an early ballot by mail or from the precinct in which the individual was removed. (Sec. 1)
32. Repeals statute stating a presidential elector may request an early ballot. (Sec. 5)
33. Removes language that allows a presidential elector who experienced an emergency after 5:00 pm on the Friday preceding the presidential preference election to cast an emergency ballot. (Sec. 5)
34. Deletes language allowing the officer in charge of elections to conduct presidential preference elections by mail in precincts that contain fewer than 300 registered voters. (Sec. 6)
Special District and Nonpartisan Elections
35. Repeals language allowing a governing board of a special district to authorize special district elections to be conducted by mail. (Sec. 2)
36. Removes statute allowing a governing body to use mail ballots in nonpartisan elections. (Sec. 3)
Miscellaneous Provisions
37. Makes technical and conforming changes. (Sec. 1, 4, 6, 7, 8, 10, 11, 13, 14, 16 and 17)
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HB 2785
Initials JH Page 0 Municipal Oversight & Elections
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