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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
ballots; election day; identification
Purpose
Allows early ballots returned to a voting location on election day after confirming the voter's identification to be removed from the voting location by two authorized election workers who complete a chain of custody log and delivered to an official elections facility. Deems the early ballot of a voter who is issued an early ballot during the early voting period after confirming identification and stamped as ready for tabulating.
Background
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).
Upon opening the polls, the inspector at a polling place must produce a sealed package of official ballots and publicly open the ballots and deliver one book or block to the judges. The other books or blocks of ballots must remain with the inspector until called for by the judges and required for voting. One of the judges must keep the ballots within the polling place in plain view of the public. A person may not take or remove a ballot from the polling place before the polls are closed (A.R.S. § 16-572).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that a voter's early ballot is ready for tabulating and exempt from signature verification if:
a) a voter is issued an early ballot at a voting location during the early voting period after presenting and confirming valid identification; and
b) the election official stamps the signed envelope with a stamp that reads ID VERIFIED after confirming that the name and address on the voter's identification reasonably appear to be the same as the voter's early ballot affidavit.
2. Subjects an early ballot affidavit that is deposited in the ballot box designated for verified early ballots without a stamp to signature verification requirements.
4. Requires the chain of custody log for the early ballots returned at voting locations on election day to be available for inspection within 48 hours after election day by the public, the political parties, the committees representing ballot measures on the ballot and the candidates on the ballot.
5. Requires 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 in the secured ballot box and sign an affidavit that includes:
a) the election official's name;
b) the polling location;
c) the time and date;
d) the number of ballots deposited according to the tally maintained; and
e) a statement that the election official affirms that the election official required every voter to present identification as prescribed and confirmed that the name and address on the identification appeared to be the same as the voter's early ballot affidavit.
6. Specifies that a designated receiving site must be an official elections facility and may not be a third-party vendor.
7. Requires the two authorized election workers to each be a member of a different political party of the two largest political parties.
8. Requires the election official in charge of the polling location to ensure that a voter who does not present identification is not able to deposit the voter's ballot in the secured ballot drop box.
9. Requires a polling location open for early voting or on election day to include at least one secured ballot box for a voter to deposit the voter's completed ballot and at least one secured ballot box designated for verified early ballots after the envelope has been stamped by the election official.
10. Requires each ballot box to be physically separated and clearly labeled.
11. Defines ID verified as a ballot for which a voter has presented identification that complies with the statutory identification verification procedure for obtaining a ballot.
12. Makes technical and conforming changes.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Allows certain early ballots returned to a voting location to be removed from the voting location by two authorized election workers who have completed a chain of custody log and who deliver the ballots to an official elections facility.
2. Requires the two authorized election workers to each be a member of a different political party.
3. Specifies that the early ballots removed from a voting location by authorized election workers may not be delivered to a third-party vendor.
4. Requires the chain of custody log located at the voting location to include the total count of the early ballots being transported.
5. Requires the chain of custody log for early ballots returned at voting locations on election day to be available for inspection within 48 hours after election day.
6. Removes the requirement that an early ballot must be received by the county or deposited at a polling place by 5:00 p.m. on the Friday before an election.
7. Removes the requirement that a voter who delivers their own early ballot present and confirm identification before depositing the voter’s own early ballot in a secure ballot box.
8. Removes the requirement that a voter only deliver the voter’s own ballot.
9. Reinserts the exemption of a family member, household member and caregiver of a voter from the requirements relating to ballot abuse.
10. Reinserts the definitions of family member, household member and caregiver.
11. Makes technical and conforming changes.
Amendments Adopted by the House of Representatives
1. Adds, for an early ballot to be ready for tabulating, the requirement that the election official stamp the signed envelope with a stamp that reads ID VERIFIED after confirming that the name and address on the voter's identification reasonably appear to be the same as the voter's early ballot affidavit.
2. Subjects an early ballot affidavit that is deposited in the ballot box designated for verified early ballots without a stamp to signature verification requirements.
3. Requires 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 in the secured ballot box and sign a prescribed affidavit.
4. Prescribes requirements relating to ballot drop boxes.
5. Requires the election official to ensure that a voter who does not present identification can deposit the voter's early ballot into the ballot box designated for verified early ballots.
6. Defines ID verified.
7. Makes a technical change.
Senate Action House Action
ELEC 2/13/23 DP 5-3-0 MOE 3/29/23 DP 7-3-0-0
3rd Read 3/22/23 29-0-1 3rd Read 5/15/23 37-21-1-0-1
Prepared by Senate Research
May 17, 2023
AN/slp