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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
AMENDED
early ballots; election day tabulation
Purpose
Requires, rather than allows, every county recorder to provide for a method for an elector to have the elector's completed early ballot tabulated on site at a polling place or voting center (voting location) according to outlined requirements.
Background
Any election called pursuant to Arizona law must provide for any qualified elector to vote by early ballot (A.R.S. § 16-541). A county recorder or officer in charge of elections may allow a qualified elector who appears with the elector's voted early ballot and required identification at the elector's designated voting location on election day to have the voted early ballot tabulated on site. For a voting location that offers the on-site tabulation of early ballots, a county recorder or officer in charge of elections must: 1) designate an area within a precinct or voting center for processing electors with voted early ballots that is physically separate from the area for voters who are voting standard ballots on site; 2) provide adequate poll workers, election officials and equipment necessary to conduct early ballot on-site tabulation; 3) categorize and separately tally by precinct, in the official canvass and other reports, electors whose voted early ballots are tabulated on site at the precinct or voting center; and 4) reconcile the number of electors who appear on the signature roster or electronic pollbook with the number of completed early ballot affidavits and early ballots tabulated on site for a polling place or voting center (A.R.S. § 16-579.01).
An elector who appears with the elector's voted early ballot at a voting
location that allows for on-site tabulation of early ballots and who does not
present valid identification must either:
1) deposit the elector's voted early ballot in the affidavit envelope in an
official drop box; or
2) proceed to the area designated for election day voting to surrender the
early ballot to the election board for retention. An elector that surrenders
the elector's early ballot to an election board may vote a provisional ballot.
For the on-site tabulation of early ballots under the observation of an
election official, an elector must: 1) remove the early ballot from the
completed affidavit envelope; 2) deposit the empty, completed affidavit
envelope in the secured and labeled drop box; and
3) insert the early ballot into the tabulating machine (A.R.S.
§ 16-579.02).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, rather than allows, every county recorder or other county officer in charge of elections to provide for a method for an elector who appears with the elector's voted early ballot at the elector's designated voting location on election day to have the early ballot tabulated on site.
2. Exempts a county that tabulates election day ballots at a central location and does not otherwise tabulate election day ballots on-site at a polling location or a voting center from the requirement for each county recorder or other officer in charge of elections to provide on-site tabulation for early ballots.
3. Makes technical and conforming changes
4. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Exempts a county that tabulates election day ballots at a central location and does not otherwise tabulate election day ballots on-site at a polling location or a voting center from the requirement for each county recorder or other officer in charge of elections to provide on-site tabulation for early ballots.
2. Specifies that only a county recorder or county officer in charge of elections is subject to the requirements relating to on-site tabulation.
Governor's Veto Message
The Governor indicates in her veto message that requirements of S.B. 1105 would be difficult for election officials to implement, creating logistical challenges to the administration of free and fair elections in Arizona.
Senate Action House Action
ELEC 1/30/23 DP 5-3-0 MOE 3/15/23 DP 5-4-1-1
3rd Read 2/28/23 14-16-0 3rd Read 5/15/23 31-26-2-0-1
3rd Read* 3/7/23 16-14-0
*on reconsideration
Vetoed by the Governor on 5/26/23
Prepared by Senate Research
May 30, 2023
AN/slp