ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: ELEC DP 5-3-0-0 | 3rd Read: 29-0-1-0

House: MOE DP 7-3-0-0 | 3rd Read: 37-21-1-0-1

SB 1518: ballots; election day; identification

Sponsor: Senator Bennett, LD 1

Conference Committee

Overview

Allows voters to present identification during the period of early voting or on election day if presenting a voted early ballot to have their early ballot deemed ready for tabulating and able to bypass the signature verification requirement. 

History

Signature Verification

On receipt of an early ballot, the County Recorder or the officer in charge of elections is required to verify the voter's signature on the affidavit envelope with the voter's signature on file in the voter registration database. If the signature is missing or inconsistent, elections officials must make a reasonable effort to contact the elector to verify a signature or allow the elector to add a missing signature. Signatures can be corrected no later than five business days after the election if the election includes a federal office or three business days after any other election. The tallying of ballots can begin immediately after the early ballot is processed and the signature is verified (A.R.S. § 16-550).

Digital Ballot Images

While not all systems capture digital ballot images, systems that do capture digital ballot images must meet certain minimum requirements to demonstrate the functionality of the system, as specified by the Secretary of State. The demonstration of functionality test includes an examination of whether the system produces digital images of readable quality and whether the digital images are capable of being sorted by criteria (EPM).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows a voter to present, and an election official to confirm, valid identification at a voting location during the period of early voting, or on election day if the voter is presenting their mailed early ballot, to bypass the signature verification requirement and have their early ballot deemed ready for tabulating. (Sec. 3)

2.   Instructs the election official, once an elector's identification is verified, to stamp the envelope with a stamp that reads "ID Verified" and to place the early ballot in a secured drop box specifically for verified early ballots. (Sec. 3)

3.   Specifies that any completed early ballot affidavit that is not stamped "ID Verified" but is in the secured ballot box designated for verified early ballots must go through the signature verification process. (Sec. 3)

4.   Directs the election official in charge of the secured ballot box designated for verified early ballots to maintain a tally of ballots that have been deposited and must sign an affidavit that includes specified information. (Sec. 3)

5.   Allows early ballots returned at voting locations or on election day after the voter's identification is confirmed to be removed from polling places and prescribes the following procedure:

a)   Must be removed by two authorized election workers who must each be a member of a different one of the two largest political parties; and

b)   The authorized election workers complete a chain of custody log maintained at the voting location that includes the total count of the early ballots being transported and who delivers the ballots to a receiving site that must be an official elections facility. (Sec. 2)

6.   Specifies the chain of custody log for early ballots returned at voting locations on election day must be available for inspection by the public, the political parties, committees representing ballot measures on the ballot and candidates on the ballot within 48 hours after election day. (Sec. 2)

7.   Requires early voting polling locations to include a minimum of:

a)   One secured ballot box for a voter to deposit their completed early ballot; and

b)   One secured ballot box for ballots that have been ID verified. (Sec. 3)

8.   Defines ID verified. (Sec. 3)

9.   Makes technical and conforming changes. (Sec. 1, 2, 3)

Conference Committee Amendments

1.   Designates all ballot images and cast vote records as public records.

2.   Directs the County Recorder or county officer in charge of elections to submit the following information to the Secretary of State no later than 48 hours following the official county canvass of primary or general election results:

a)   The unaltered ballot images used to tabulate the results of the election; and

b)   The cast vote record in a sortable format.

3.   Instructs the Secretary of State, upon receipt of county provided ballot images and cast vote records, to immediately post them to a secure website in a convenient downloadable format.

4.   Instructs the County Recorder or other county officer in charge of elections to ensure that paper ballots can be conveniently retrieved.

5.   Exempts the Secretary of State, County Recorder or other officer in charge of elections from liability for any personal identifying information, handwritten statements or other notations included in the ballot images.

6.   Directs the Secretary of State to establish and administer an electronic portal to manage requests for access to the materials made available by this law.

7.   Requires individuals requesting access to the electronic data portal to submit a signed declaration and specified identifying information to be verified by the Secretary of State using established authentication protocols.

8.   Specifies the signed declaration required for access to the electronic portal must certify that the individual will not do any of the following:

a)   Alter or misrepresent the images or cast vote records in any manner to report inaccurate election results or data; and

b)   Use any election record or combination of records to reveal how another person voted.

9.   Classifies the violation of the signed declaration as a class 5 felony.

10.  Defines cast vote record.

11.  Strikes specified requirements regarding the removal of early ballots from polling places before the polls are closed.

12.  Modifies the period in which a voter may present, and have confirmed, valid identification with an early ballot to include the period of early voting only.

13.  Increases, from five days to seven days after completion of the official canvass of the election, the time period in which an elector may contest an election. 

14.  Makes technical and conforming changes.

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18.                    SB 1518

19.  Initials JH  Page 0 Conference Committee

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