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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
ballots; election day; identification
Purpose
Requires an early ballot be received by the county recorder or deposited at a polling place by 5:00 p.m. on the Friday preceding an election to be counted and valid and requires a voter to present valid identification before depositing the voter's early ballot into the ballot box. Allows an early voter to only deliver the voter's own ballot. Exempts early ballots from signature verification if valid identification is presented and confirmed.
Background
Any election called pursuant to Arizona law must provide for any qualified elector to vote by early ballot (A.R.S. § 16-541). An early voter must sign the early ballot affidavit and mark the ballot in a manner that conceals their vote. To be counted and validated, an early ballot must be received by the county recorder or deposited at any polling place no later than 7:00 p.m. on election day (A.R.S. § 16-548). On receipt of an envelope containing an early ballot and ballot affidavit, a county recorder or other officer in charge of elections must compare the affidavit signature with the signature on the elector's registration record. If satisfied that the signatures correspond, the county recorder or other officer in charge of elections must hold the envelope containing the early ballot and completed affidavit unopened and may deliver the early ballot and affidavit for tallying (A.R.S. § 16-550).
In order to receive a ballot at a voting location an elector must present: 1) a valid form of identification bearing their photograph, name and address; 2) two different items containing the name and address of the elector that is the same name and address in the precinct register; or 3) a valid form of identification that does not appear to be the same address as in the precinct register and one item containing the name and address of the elector that is the same as in the precinct register (A.R.S. § 16-579).
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 or caregiver, is guilty of a class 6 felony (A.R.S. § 16-1005).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, for an early ballot to be counted and valid, the ballot to be received by the county recorder or other officer in charge of elections or deposited at a polling place by 5:00 p.m. on the Friday before an election, rather than by 7:00 p.m. on election day.
2. Specifies that a voter with an unvoted early ballot who has not cast a ballot may vote a provisional ballot subject to prescribed requirements.
3. Stipulates that, if a voter is issued an early ballot at a voting location during the early voting period after presenting and confirming valid identification, the voter's ballot is ready for tabulating and exempt from signature verification.
4. Requires, for a voter who delivers the voter's own early ballot after the early voting period, the voter to present and confirm identification before depositing the early ballot in a secure ballot box separate from ballot tabulators.
5. Specifies that an early voter may only deliver the voter's own ballot.
6. Removes a family member, household member or caregiver of a voter from the exemption relating to ballot abuse.
7. Removes the definitions of family member, household member and caregiver.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2023
AN/slp