Assigned to ELEC FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
early ballot delivery; instruction requirements
Purpose
Requires the county board of supervisors (county BOS) and county recorder to include, in the instructions prescribed by statute, information relating to ballot abuse including the classification of felonies for acts with the intent to fix an election.
Background
Statute outlines terms relating to ballot abuse, including the classification of felonies for acts with the intent to fix an election. A person who knowingly collects voted or unvoted early ballots from another person, except for a family member, household member and caregiver, is guilty of a class 6 felony (A.R.S. § 16-1005).
A county BOS must prepare instructions for the guidance of voters and election officers at the election according to the election to be conducted. The instructions must govern the voters and election officers as provided in the Secretary of State's Instructions and Procedures Manual, commonly referred to as the Election Procedures Manual (EPM) (A.R.S. § 16-513).
A county recorder or other officer in charge of elections must supply printed instructions to early voters that direct them to: 1) sign the affidavit; 2) mark the ballot; and 3) return the affidavit and ballot in the enclosed self-addressed envelope. The instructions must outline that, in order to be counted, the ballot and affidavit must: 1) be delivered to the office of the county recorder or other officer in charge of elections no later than 7:00 p.m. on election day; and 2) include the voter's signature on the envelope. The instructions must issue a warning outlining that it is a felony to offer or receive compensation for a ballot (A.R.S. § 16-547).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a county recorder or other officer in charge of elections to include, in the early ballot affidavit instructions, information relating to state government ballot abuse, including the classification of felonies for acts with the intent to fix an election.
2. Requires the county BOS to include, in the voter guidance instructions, information relating to state government ballot abuse, including the classification of felonies for acts with the intent to fix an election.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2023
AN/CS/slp