 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
elections; observers; federal candidates
Purpose
Allows each candidate for federal office to designate a representative who may act as a challenger in each polling place or voting location and removes the ability of a candidate for a nonpartisan office from designating an observer at a counting center and requires each U.S. House of Representatives (U.S. House) candidate to participate in a lottery to determine which representatives may remain at outlined locations.
Background
A person may not remain within 75 feet of a polling place while the polls are open except for the purpose of voting. Once voters cast their ballot, the voter must move outside the 75-foot limit. The only individuals that may remain inside the limit while the polls are open are: 1) election officials; 2) one representative from each political party on the ballot who has been appointed by the county chairman of the political party; and 3) the challengers allowed by law. The county board of supervisors must supply three notices with the ballots for each polling place outlining statutory requirements regarding the 75-foot limit. An election official, representative of a political party or a challenger may not wear, carry or display materials that identify or express support or opposition to: 1) a candidate; 2) a political party; 3) an organization; 4) a ballot question; or 5) any other political issue (A.R.S. § 16-515).
A county chairman of each political party may designate a party agent or representative and alternates who may act as challengers for the party for each election precinct and observe the proceedings of the election. For each polling place, one actor may be present and acting, but the challenger is prohibited from entering a voting booth unless they are marking their own ballot. Only the number of party representatives that were mutually agreed upon by each party on the ballot may be in the polling place at one time. If no agreement was reached, the number of representatives must be limited to one person in the polling place at one time for each political party. A challenger or party representative must be a resident of Arizona and to be registered to vote in Arizona (A.R.S. § 16-590).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows each candidate for federal office to have a representative in each polling place or early voting location at any one time during the election to observe the election and allows the representative to act as a challenger for the candidate for federal office.
2. Prohibits a poll observer from:
a) approaching an election official's table, equipment or the voting booths at a distance that is any closer than reasonably for the observer to perform their duties;
b) being a candidate on the ballot;
c) obstructing the orderly conduct of any election; and
d) interacting with a voter.
3. Allows a poll observer within each polling place or early voting location to observe the conduct of electors and officials, including the setup and closeout procedures.
4. Requires a poll observer to:
a) provide their own materials and necessities;
b) pose questions regarding polling place procedures to the inspector at the voting location or to the officer in charge of the election; and
c) be a registered voter in Arizona.
6. Exempts a representative who is appointed by a candidate for federal office from the 75-foot limit.
7. Requires each U.S. House candidate to participate in a lottery to determine which representatives may remain at the outlined locations.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires each U.S. House candidate to participate in a lottery to determine which representatives may remain at the outlined locations.
2. Makes technical and conforming changes.
Senate Action
ELEC 2/13/23 DPA 5-3-0
Prepared by Senate Research
February 21, 2023
AN/slp