Assigned
to ELEC AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
elections; early ballot drop boxes
Purpose
Requires early ballot drop boxes to be usable only Monday through Friday from 8:00 a.m. to 5:00 p.m. and to include a camera or video recorder that stores the images of each person who deposits one or more early ballots. Prescribes fines for individuals who commit acts of ballot abuse.
Background
A county or municipality that establishes ballot drop boxes must develop and implement security procedures. Ballot drop boxes must be approved by the county board of supervisors. A ballot drop box must be located in a secure location such as inside or in front of a federal, state, local or tribal government building. An unstaffed drop box placed outdoors must be securely fastened to prevent moving or tampering and an unstaffed drop box placed indoors must be secured to prevent unauthorized removal. Staffed drop boxes do not need to be securely fastened or locked to a permanent fixture but must be located inside a government building and monitored by an employee. All drop boxes must be clearly and visibly marked as an official ballot drop box and secured by a lock or a tamper-evident seal. Only an election official or designated ballot retriever may have access to the keys or combination of the lock to remove the deposited ballots. All drop boxes must have an opening slot that does not allow for deposited ballots to be removed. Ballots retrieved from a ballot drop box are processed in the same manner as ballots by mail (EPM Ch. 2 (1)(I)(1;4)).
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 marks a voted or unvoted ballot or ballot envelope with the intent to fix an election for that person's own benefit or the benefit of another person is guilty of a class 5 felony. A person who possesses a voted or unvoted ballot with the intent to sell the ballot of another person is guilty of a class 5 felony. 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. An election official, United States postal service worker or any other person who may transmit U.S. mail is exempt from the terms if engaged in their official duties (A.R.S. § 16-1005).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires ballot drop boxes used for the receipt of voted early ballots to:
a) be located inside a county building;
b) be secured to a building or footing, for a ballot drop box that is located outside of a building;
c) be usable only Monday through Friday from 8:00 a.m. to 5:00 p.m.; and
d) include a functioning camera or video recorder that photographs or video records and stores the images of each person who deposits one or more early ballots.
2. Requires, for a ballot drop box that is located outside of a building, the ballot drop box to be locked in a manner that prevents the deposit of ballots outside the prescribed time frame.
3. Allows the camera or video recorder to be motion activated.
4. Subjects a person who knowingly marks a voted or unvoted ballot or ballot envelope with the intent to fix an election to a fine of $1,000 for each ballot.
5. Stipulates that a person who possesses a voted or unvoted ballot with the intent to sell the ballot is liable for a fine of $1,000 for each ballot.
6. Subjects a person who knowingly collects voted or unvoted early ballots from another person to a fine of $100 for each ballot unlawfully collected or delivered to a ballot drop box.
7. Contains a statement of legislative intent.
8. Makes technical changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Makes technical changes.
House Action Senate Action
MOE 2/15/23 DPA 6-4-0-0 ELEC 3/20/23 DPA 5-3-0
3rd Read 3/1/23 31-28-1
Prepared by Senate Research
March 28, 2023
AN/slp