Second Regular Session H.C.R. 2056
COMMITTEE ON ELECTIONS
SENATE AMENDMENTS TO H.C.R. 2056
(Reference to House engrossed resolution)
Strike everything after the resolving clause and insert:
"1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to elections, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending section 16-407.01, arizona revised statutes; amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding sections 16-407.04 and 16-407.05; amending sections 16-411, 16-547, 16-579.01, 16-579.02 and 16-607, Arizona Revised Statutes; amending title 16, chapter 6, article 1.2, Arizona Revised Statutes, by adding section 16-919; appropriating monies; relating to elections.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-407.01, Arizona Revised Statutes, is amended to read:
16-407.01. Election administration; private monies; in-kind contributions; prohibition
Notwithstanding any other law, this state and a city, town, county, school district or other public body that conducts or administers elections may not receive or expend private monies or in-kind goods or services for preparing for, administering or conducting an election, including registering voters.
Sec. 2. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 16-407.04 and 16-407.05, to read:
16-407.04. Donations from a foreign source; election administration; certification; records; reports; violation; classification; definition
a. a government entity in this state may not use monies or in-kind goods or services donated, directly or indirectly, by a foreign GOVERNMENT or any foreign nongovernmental source for election ADMINISTRATION.
b. A person or vendor that PROVIDES services to a government entity for election administration shall provide a certification to the secretary of state that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. The person shall annually update the certification. If the person obtains information unknown at the time of the initial certification, the person shall update the initial certification within five business days to reflect the new information and shall include a new statement that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source.
c. The secretary of state shall require government entities to provide to the secretary of state a quarterly report that lists any person or vendor that provides services to that government entity for election administration. The secretary of state shall notify the government ENTITY by email if the government ENTITY fails to file its quarterly report prescribed by this section and advise the government ENTITY THAT section 16-407.05 provides for possible enforcement actions.
d. The secretary of state shall maintain records of the certifications prescribed by this section and shall post these certifications on the secretary of state's website.
e. A person or vendor that fails to provide the certification PRESCRIBED by this section or that provides an inaccurate certification to the secretary of state invalidates any agreement with the government entity, and the state, county or local government entity is barred from entering into or continuing any agreement with that person.
f. A person or vendor that knowingly fails to provide an accurate initial or updated certification as prescribed by this section is guilty of a class 1 misdemeanor.
g. for the purposes of this section, "person" means an individual or a corporation or other entity as defined in section 16-901.
16-407.05. Enforcement; attorney general; private right of action
A. The attorney general may file an action regarding a knowing violation of section 16-407.04. The action may include a request for an injunction, damages of at least $5,000 for each knowing violation and other relief that the court may provide. In addition to the penalties prescribed by this section, any person that violates section 16-407.04 is subject to all of the penalties prescribed in section 16-407.04.
B. Any qualified elector and any state officer may bring a civil action to do any or all of the following:
1. Enjoin a violation of section 16-407.04.
2. Enforce any provision of section 16-407.04.
C. If the claimant prevails in an action brought under subsection B of this section, the court shall award:
1. Injunctive relief sufficient to prevent the defendant from violating section 16-407.04 or engaging in acts that aid or abet violations of section 16-407.04.
2. damages in the amount of $1,000 per day from the date of noncompliance until the defendant comes into compliance.
3. Costs and attorney fees.
D. The remedies, duties, prohibitions and penalties prescribed by this section and section 16-407.04 are in addition to all other causes of action, remedies and penalties provided by law.
Sec. 3. Section 16-411, Arizona Revised Statutes, is amended to read:
16-411. Designation of election precincts and polling places; polling locations; electioneering; wait times
A. The board of supervisors of each county, on or before October 1 of each year preceding the year of a general election, by an order, shall establish a convenient number of election precincts in the county and define the boundaries of the precincts as follows:
1. The election precinct boundaries shall be established so as to be included within election districts prescribed by law for elected officers of the state and its political subdivisions, including community college district precincts, except those elected officers provided for in titles 30 and 48.
2. If after October 1 of the year preceding the year of a general election the board of supervisors must further adjust precinct boundaries due to the redistricting of election districts as prescribed by law and to comply with this subsection, the board of supervisors shall adjust these precinct boundaries as soon as is practicable.
B. At least twenty days before a general or primary election, and at least ten days before a special election, the board shall designate one polling place within each precinct where the election shall be held, except that:
1. On a specific finding of the board, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for that precinct may be designated within an adjacent precinct.
2. Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48. The officer in charge of elections may also split a precinct for administrative purposes. The polling places shall be listed in separate sections of the order or resolution.
3. On a specific finding of the board that the number of persons who are listed as early voters pursuant to section 16-544 and who are not expected to have their ballots tabulated at the polling place as prescribed in section 16-579.02 is likely to substantially reduce the number of voters appearing at one or more specific polling places at that election, adjacent precincts may be consolidated by combining polling places and precinct boards for that election. The board of supervisors shall ensure that a reasonable and adequate number of polling places will be designated for that election. Any consolidated polling places shall be listed in separate sections of the order or resolution of the board.
4. On a specific resolution of the board, the board may authorize the use of voting centers polling locations in place of or in addition to specifically designated polling places. A voting center polling location shall allow any voter in that county to receive the appropriate ballot for that voter on election day after presenting identification as prescribed in section 16-579 and to lawfully cast the ballot. Voting centers polling locations may be established in coordination and consultation with the county recorder, at other county offices or at other locations in the county deemed appropriate.
5. On a specific resolution of the board of supervisors that is limited to a specific election date and that is voted on by a recorded vote, the board may authorize the county recorder or other officer in charge of elections to use emergency voting centers polling locations as follows:
(a) The board shall specify in the resolution the location and the hours of operation of the emergency voting centers polling locations.
(b) A qualified elector voting at an emergency voting center polling location shall provide identification as prescribed in section 16-579, except that notwithstanding section 16-579, subsection A, paragraph 2, for any voting at an emergency voting center polling location, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.
(c) If an emergency voting center polling location established pursuant to this section becomes unavailable and there is not sufficient time for the board of supervisors to convene to approve an alternate location for that emergency voting center polling location, the county recorder or other officer in charge of elections may make changes to the approved emergency voting center polling location and shall notify the public and the board of supervisors regarding that change as soon as practicable. The alternate emergency voting center polling location shall be as close in proximity to the approved emergency voting center polling location as possible.
6. Beginning in 2026, on a specific resolution of the board of supervisors that is voted on by a recorded vote, the board of supervisors may authorize the county recorder or other officer in charge of elections to designate a county recorder's office for emergency voting. Qualified electors may deliver voted early ballots in their envelopes along with the ballot AFFIDAVITS to any county recorder's office that is designated for emergency voting on the saturday, sunday and monday immediately preceding election day.
C. If the board fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peace in the precinct, two days before the election, by an order, copies of which the justice of the peace shall immediately post in three public places in the precinct, shall designate the place within the precinct for holding the election. If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election board of the precinct shall designate and give notice of the place within the precinct of holding the election. For any election in which there are no candidates for elected office appearing on the ballot, the board may consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply:
1. All affected voters are notified by mail of the change at least thirty-three days before the election.
2. Notice of the change in polling places includes notice of the new voting location, notice of the hours for voting on election day and notice of the telephone number to call for voter assistance.
3. All affected voters receive information on early voting that includes the application used to request an early voting ballot.
D. The board is not required to designate a polling place for special district mail ballot elections held pursuant to article 8.1 of this chapter, but the board may designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the day of the election.
E. Except as provided in subsection F of this section, a public school shall provide sufficient space for use as a polling place for any city, county or state election when requested by the officer in charge of elections.
F. The principal of the school may deny a request to provide space for use as a polling place for any city, county or state election if, within two weeks after a request has been made, the principal provides a written statement indicating a reason the election cannot be held in the school, including any of the following:
1. Space is not available at the school.
2. The safety or welfare of the children would be jeopardized.
G. Beginning in 2026, the department of administration shall coordinate with state agencies and counties to provide available and appropriate state-owned facilities for use as a voting location for any city, county or state election when requested by the officer in charge of elections.
H. The board shall make available to the public as a public record a list of the polling places for all precincts in which the election is to be held.
I. Except in the case of an emergency, any facility that is used as a polling place on election day or that is used as an early voting site during the period of early voting shall allow persons to electioneer and engage in other political activity outside of the seventy-five foot limit prescribed by section 16-515 in public areas and parking lots used by voters. This subsection does not allow the temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters. The county recorder or other officer in charge of elections shall post on its website at least two weeks before election day a list of those polling places in which emergency conditions prevent electioneering and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. If the polling place is not on the website list of polling places with emergency designations, electioneering and other political activity shall be allowed outside of the seventy-five foot limit. If an emergency arises after the county recorder or other officer in charge of elections' initial website posting, the county recorder or other officer in charge of elections shall update the website as soon as is practicable to include any new polling places, shall highlight the polling place location on the website and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation.
J. For the purposes of this section, a county recorder or other officer in charge of elections shall designate a polling place as an emergency polling place and thus prohibit persons from electioneering and engaging in other political activity outside of the seventy-five foot limit prescribed by section 16-515 but inside the property of the facility that is hosting the polling place if any of the following occurs:
1. An act of God renders a previously set polling place as unusable.
2. A county recorder or other officer in charge of elections has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation.
K. The secretary of state shall provide through the instructions and procedures manual adopted pursuant to section 16-452 the maximum allowable wait time for any election that is subject to section 16-204 and provide for a method to reduce voter wait time at the polls in the primary and general elections. The method shall consider at least all of the following for primary and general elections in each precinct:
1. The number of ballots voted in the prior primary and general elections.
2. The number of registered voters who voted early in the prior primary and general elections.
3. The number of registered voters and the number of registered voters who cast an early ballot for the current primary or general election.
4. The number of registered voters whose early ballots were tabulated on-site as prescribed in section 16-579.02 in the prior primary and general elections.
5. The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls.
Sec. 4. Section 16-547, Arizona Revised Statutes, is amended to read:
16-547. Ballot affidavit; form
A. The early ballot shall be accompanied by an envelope bearing on the front the name, official title and post office address of the recorder or other officer in charge of elections and on the other side a printed affidavit in substantially the following form:
I declare the following under penalty of perjury: I am a registered voter in ___________ county Arizona, I have not voted and will not vote in this election in any other county or state, I understand that knowingly voting more than once in any election is a class 5 felony and I voted the enclosed ballot and signed this affidavit personally unless noted below.
If the voter was assisted by another person in marking the ballot, complete the following:
I declare the following under penalty of perjury: At the registered voter's request I assisted the voter identified in this affidavit with marking the voter's ballot, I marked the ballot as directly instructed by the voter, I provided the assistance because the voter was physically unable to mark the ballot solely due to illness, injury or physical limitation and I understand that there is no power of attorney for voting and that the voter must be able to make the voter's selection even if the voter cannot physically mark the ballot.
Name of voter assistant: ____________________
Address of voter assistant: _________________
B. The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by the applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20301). Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters.
C. The officer charged by law with the duty of preparing ballots at any election shall ensure that the early ballot is sent in an envelope that states substantially the following:
If the addressee does not reside at this address, mark the unopened envelope "return to sender" and deposit it in the United States mail.
D. The county recorder or other officer in charge of elections shall supply printed instructions to early voters that direct them to sign the affidavit, mark the ballot and return both in the enclosed self-addressed envelope that complies with section 16-545, and:
1. Through 2025, the instructions shall include the following statement:
In order to be valid and counted, the ballot and mail affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county not later than 7:00 p.m. on election day. The ballot will not be counted without the voter's signature on the envelope.
(WARNING — It is a felony to offer or receive any compensation for a ballot.)
2. Beginning in 2026, the instructions shall include the following statement:
In order to be valid and counted, the mail affidavit that contains the mail ballot must have the voter's signature on the envelope and must be returned to the office of the county recorder by any one of the following methods:
(a) Delivering it to the office of the county recorder or other officer in charge of elections not later than 7:00 p.m. on election day.
(b) Depositing it at any polling place in the county not later than 7:00 p.m. on the Friday before election day. if a county board of supervisors designates a county recorder's office for emergency voting, the mail ballot may be delivered to any office of the county recorder that is designated for emergency voting on the saturday, sunday or monday immediately preceding election day.
(WARNING — It is a felony to offer or receive any
compensation for a ballot.)
E. The printed instructions prescribed by subsection D of this section shall also include the following information regarding section 16-1005, subsections H and I in substantially the following form:
A person may only handle or return their own ballot or the ballot of family members, household members or persons for whom they are a caregiver. It is unlawful under section 16-1005 to handle or return the ballot of any other person.
Sec. 5. Section 16-579.01, Arizona Revised Statutes, is amended to read:
16-579.01. Ballots; on-site tabulation
A. Every county recorder or other officer in charge of elections may provide for a qualified elector who appears at that elector's designated polling location or at a voting center place or other polling location on election day with the elector's voted early ballot to have the elector's voted early ballot tabulated as prescribed in section 16-579.02. Beginning in 2026, every county recorder or other officer in charge of elections shall provide for a qualified elector who appears at a polling place during early voting or on election day with the elector's voted early ballot in its envelope along with the early ballot AFFIDAVIT to have the elector's voted early ballot tabulated as prescribed in section 16-579.02.
B. The county recorder or other officer in charge of elections shall do all of the following if the on-site tabulation of early ballots is allowed:
1. Designate an area within a precinct or voting center other polling location for processing electors with their voted early ballots that is physically separate from the area for voters who are voting pursuant to section 16-579.
2. Provide adequate poll workers, election officials and equipment necessary to conduct voting pursuant to this section and section 16-579.02.
3. Categorize and tally separately in the official canvass and other reports electors whose voted early ballots are tabulated at the precinct or voting center other polling location. The tally shall be reported by precinct in the official canvass and other voting reports.
4. Reconcile for that polling place precinct or voting center other polling location the number of electors who appear on the signature roster or e-pollbook electronic pollbook with the number of completed early ballot affidavits and the voted early ballots tabulated on-site.
Sec. 6. Section 16-579.02, Arizona Revised Statutes, is amended to read:
16-579.02. On-site ballot tabulation procedure
A. A qualified elector who appears at a voting center or at the elector's designated precinct or other polling place location that allows for the on-site tabulation of early ballots with the elector's voted early ballot shall present identification as prescribed in section 16-579, subsection A, paragraph 1 and proceed as follows: prescribed in subsection c of this section.
b. beginning in 2026, a QUALIFIED elector who appears at a precinct or other polling location during early voting and who presents identification that complies with section 16-579, subsection A, paragraph 1 shall be given a ballot to complete and have tabulated on site. Early ballot mail affidavit envelopes shall not be generated by county elections officials or required for qualified electors who comply with this section.
c. on review of the identification presented to the election official pursuant to subsection A or B of this section, the following apply during early voting:
1. If the elector does not present identification that complies with section 16-579, subsection A, paragraph 1, the elector shall either deposit the elector's voted early ballot in its affidavit envelope in an official drop box or proceed to the area designated for election day voting to surrender the early ballot to the election board for retention and not for tabulating. The elector shall then be allowed to vote a provisional ballot as prescribed in section 16-584. An election official may not allow for the on-site tabulation of an early ballot if the elector does not present identification that complies with section 16-579, subsection A, paragraph 1.
2. If the elector presents sufficient identification to comply with section 16-579, subsection A, paragraph 1, the elector shall present the elector's early ballot affidavit to the election official in charge of the signature roster, and the election official shall confirm that the name and address on the completed affidavit reasonably appear to be the same as the name and address on the precinct register.
3. If the elector's affidavit is not complete, the election official in charge of the signature roster shall allow the elector to complete the affidavit. The election official may not allow for the on-site tabulation of an early ballot until the elector presents a completed early ballot affidavit.
B. 2. If the elector's affidavit is complete, If the elector presents sufficient identification, the elector's name shall be numbered consecutively by the clerk and in the order of application for early ballot tabulation.
d. Beginning in 2026, a qualified elector who appears at a polling place on election day with the elector's voted early ballot shall present identification as prescribed by section 16-579, subsection A, paragraph 1 to the election official and, on review, the following apply for election day:
1. If the elector does not present identification that complies with section 16-579, subsection A, paragraph 1, the elector shall PROCEED to the area designated for voting to surrender the early ballot to the election board for retention and not for tabulation. The elector shall then be allowed to vote a provisional ballot as prescribed in section 16-584. An election official may not allow for the on-site tabulation of an early ballot if the elector does not present identification that complies with section 16-579, subsection A, paragraph 1.
2. If the elector presents sufficient identification, the elector's name shall be numbered CONSECUTIVELY by the clerk and in the order of application for early ballot tabulation.
C. E. For precincts and other polling locations in which a paper signature roster is used, each qualified elector shall sign the elector's name in the signature roster as prescribed in section 16-579, subsection D before proceeding to the tabulating equipment.
D. F. For precincts and other polling locations in which an electronic pollbook is used, each qualified elector shall sign the elector's name as prescribed in section 16-579, subsection E before proceeding to the tabulating equipment.
E. G. After signing the signature roster or electronic pollbook, the elector shall proceed to the tabulating equipment and, while under the observation of an election official, remove the early ballot from the completed affidavit envelope, deposit the empty completed affidavit envelope in the secured and labeled drop box and insert the early ballot into a tabulating machine. An early ballot that has been separated from the elector's completed affidavit envelope may not be removed from the on-site early ballot tabulation area.
F. H. The drop box prescribed in subsection E G of this section shall be clearly labeled to indicate that the completed affidavits are from ballots tabulated pursuant to this section and shall be secured in a manner substantially similar to other ballot boxes at that location.
G. I. Through 2025, during the period of early voting and ending at 7:00 P.M. on election day and, beginning in 2026, during the period of early voting and ending at 7:00 p.m. on the Friday before election day, any qualified elector who lawfully brings to a polling place or voting center precinct or other polling location another elector's voted early ballot that is sealed in its affidavit envelope shall deposit the other elector's voted early ballot in the appropriate ballot drop box before entering the on-site early ballot tabulation area for purposes of tabulating the elector's own early ballot. The county recorder or other officer in charge of elections shall ensure that a voter is not in possession of another voter's ballot within the on-site early ballot tabulation area.
Sec. 7. Section 16-607, Arizona Revised Statutes, is amended to read:
16-607. Statements of tally; polling place tabulation
A. In each election precinct where voting machines are used, statements of tally shall be printed to conform with the type of voting machine used. The designating number and letter on the counter for each candidate shall be printed next to the candidate's name on the statements of tally and shall provide for the entry of the number of votes for each candidate and the "yes" and "no" over each question.
B. NOTWITHSTANDING any other law, beginning in 2026, For all voting conducted during early voting or on election day at a polling place or other voting location, and except for provisional, misread or write-in ballots, all ballots shall be tabulated at the polling place or other voting location before being transported to a receiving station or central facility.
B. C. The delivery of statements to stations designated by the board of supervisors shall be accomplished as is provided for ballots in section 16-608.
Sec. 8. Title 16, chapter 6, article 1.2, Arizona Revised Statutes, is amended by adding section 16-919, to read:
16-919. Foreign contributions prohibited; ballot measures; certification
a. A FOREIGN GOVERNMENT SHALL NOT GIVE AND A PERSON, entity OR COMMITTEE SHALL NOT ACCEPT OR USE MONIES OR IN-KIND GOODS OR SERVICES CONTRIBUTED BY A FOREIGN GOVERNMENT or a foreign nongovernmental source TO INFLUENCE THE OUTCOME OF AN ELECTION ON a BALLOT MEASURE.
b. a person, entity or committee that is required to file campaign finance reports pursuant to section 16-926 shall certify under penalty of perjury in those reports that the person, entity or committee has not accepted or used monies or in-kind goods or services in violation of subsection a of this section.
Sec. 9. Appropriation; secretary of state; exemption
A. The sum of $11,000,000 is appropriated from the citizens clean elections fund established pursuant to title 16, chapter 6, article 2, Arizona Revised Statutes, in fiscal year 2024-2025 to the secretary of state to distribute to counties on a pro rata basis that is based on the count of registered voters for each county that is reported for January 2, 2024 for the costs of implementing voter check-in and early voting and election day on-site ballot tabulation as prescribed by sections 16-579.01 and 16-579.02, Arizona Revised Statutes, as amended by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona."
Amend title to conform