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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
AMENDED
early ballots; identification; tabulation
Purpose
Prescribes additional requirements for an early ballot to be counted and valid. Requires a voter to present valid identification by the prescribed days after an election for a ballot that was delivered by a voter's agents or a voter who does not provide sufficient identification. Removes the requirement that the period of early voting must end at 5:00 p.m. on the Friday preceding the election. 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
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 ballot must be accompanied by an envelope containing a printed affidavit and an early voter must make and sign the affidavit. An early voter must mark the ballot, fold the ballot to conceal the vote and deposit the voted ballot into the envelope provided. In order to be counted and valid, an early ballot along with the ballot affidavit must be received by the county recorder or other officer in charge of elections or deposited at any polling place in the county by 7:00 p.m. on election day. The voter or voter's agent may deposit the completed ballot inside the ballot envelope at any polling place in the county (A.R.S. §§ 16-547 and 16-548).
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).
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, for an early ballot to be counted and valid, the early ballot to be:
a) delivered to the county recorder or other officer in charge of elections of the political subdivision in which the voter is registered and received by 7:00 p.m. on the Friday preceding election day;
b) deposited by the voter at a polling place after 7:00 p.m. on the Friday preceding election day after presenting valid identification and signing the signature roster or electronic pollbook;
c) tabulated on-site if a county is conducting the on-site tabulation of voted early ballots; or
d) received by the county recorder or other officer in charge of election by 7:00 p.m. on election day, if the ballot is mailed.
3. Prohibits a county recorder or other officer in charge of elections that is not able to revise precinct registers or other elections materials in a timely manner from operating on-site early voting after 7:00 p.m. on the Friday preceding the election.
4. Requires, for a ballot that is delivered by the voter's agent or a voter who does not have sufficient identification, the voter to present valid identification to the county recorder or other officer in charge of elections by the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election.
5. Removes the ability of an elector who appears at a voting center or polling place that provides on-site tabulation without valid identification from depositing the elector's voted early ballot into the official drop box and requires the elector to surrender the early ballot and instead, vote a provisional ballot.
6. Replaces a ballot drop box with a secured container for the purpose of depositing an empty completed ballot affidavit envelope during the process of on-site tabulation.
7. 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.
8. Subjects an early ballot affidavit that is deposited in the ballot box designated for verified early ballots without a stamp to signature verification requirements.
9. Allows, for early ballots returned to a voting location on election day after confirming voter identification, two authorized election workers who complete a chain of custody log to deliver the ballots to a designated receiving site.
10. 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.
11. 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.
12. 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.
13. 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.
14. Requires each ballot box to be physically separated and clearly labeled.
15. Specifies that a designated receiving site must be an official elections facility and may not be a third-party vendor.
16. Requires the two authorized election workers to each be a member of a different political party of the two largest political parties.
17. Defines a voter's agent as the voter's family member, household member or caregiver.
18. Defines ID verified as a ballot for which a voter has presented valid identification that complies with the outlined requirements.
19. Makes technical and conforming changes.
20. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
2. Prohibits a county recorder or other officer in charge of elections that is not able to revise precinct registers or other elections materials in a timely manner from operating on-site early voting after 7:00 p.m. on the Friday preceding the election.
3. Subjects a voter who does not have sufficient identification while at a polling place to the requirement that a voter present identification to the county recorder or other officer in charge of elections by the fifth business day after an election.
4. Makes technical and conforming changes.
Amendments Adopted by the House of Representatives
1. Specifies, for an early ballot to be counted as valid, that on-site tabulation is only required if a county is conducting the on-site tabulation of voted early ballots.
2. Allows, for early ballots returned to a voting location on election day after confirming voter identification, two authorized election workers who complete a chain of custody log to deliver the ballots to a designated receiving site.
3. Requires the chain of custody log for the early ballots returned at voting locations on election day to be available for inspection.
4. Specifies that a designated receiving site must be an official elections facility and may not be a third-party vendor.
5. Requires the two authorized election workers to each be a member of a different political party of the two largest political parties.
6. 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.
7. Subjects an early ballot affidavit that is deposited in the ballot box designated for verified early ballots without a stamp to signature verification requirements.
8. 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.
9. Prescribes requirements relating to ballot drop boxes.
10. 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.
11. Defines ID verified.
12. Makes technical and conforming changes.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1595 fails to meaningfully address the real challenges facing Arizona.
Senate Action House Action
ELEC 2/13/23 DP 5-3-0 MOE 3/22/23 DP 5-4-1-0
3rd Read 3/7/23 16-14-0 3rd Read 5/15/23 31-27-1-0-1
Final Read 6/13/23 16-12-2
Vetoed by the Governor on 6/20/23
Prepared by Senate Research
June 22, 2023
AN/slp