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REFERENCE TITLE: legislative intent; secrecy; mail voting |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2544 |
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Introduced by Representatives Jones: Gillette, Marshall, McGarr, Smith; Senator Wadsack
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An Act
amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding sections 16-410.01 and 16-410.02; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 16-410.01 and 16-410.02, to read:
16-410.01. Legislative intent; secret ballot
A. The sanctity of the secret ballot was recognized by the framers of the Arizona Constitution and enshrined within the Arizona constitution as Article VII, Section 1.
B. The clear intent of the framers, as described in territorial law, was for an election by secret ballot. An election by secret ballot is an election in which voters are provided absolute protection against the possibility of any other person knowing how they voted, especially those closest to them including family members, friends and coworkers. By making it impossible for another person to prove how a voter voted, the voters are truly freed to vote their conscience. Secrecy in voting also makes it impossible for other persons to buy votes as they have no way to know how a voter actually voted.
C. The secret ballot calls for the voter to only be in possession of a ballot when the voter is in a physically protected area that makes it impossible for any other person to see how the voter marks the ballot even if the voter desires to show it. This physically protected area is the polling booth with privacy curtain, within a staffed polling location, with the ballots strictly controlled within the polling location and with no ballots coming in or going out. Ballots are voted on-site, folded and placed in a ballot box.
D. Secret ballot legislation was driven by the existence of massive vote fraud in the United States that culminated in the stolen presidential election of 1888, which was stolen through vote buying in the swing states. By making it impossible for voters to prove how they voted, secret ballot legislation eliminated the fraudulent practice of vote buying.
E. The secret ballot requirement in the Arizona constitution necessarily precludes voting by mail, as voting by mail is not secret. When a mail ballot is outside the control of a voting location and at a voter's home, the voter is no longer protected from coercion and influence. A person who is the head of a household can demand that the household vote together at the kitchen table or that any adult children allow the head of the household to vote their ballots since they live in that person's home. Similarly, Employers and unions can require employees to vote together. And once again, vote buyers are free to operate, as a willing vote seller can easily allow a vote buyer into the voter's home, vote the ballot in front of the vote buyer and collect payment. Mail ballots are not secret and thus are precluded by the constitution.
F. It is the intent of the legislature, both then and now, that any voting methods in this state strictly comport as closely as possible with the Australian Ballot, which precludes to the greatest extent possible the ability of any other person to know how a voter voted, regardless of the voter's own privacy wishes.
16-410.02. Mail voting ban; exceptions; intent
A. Notwithstanding any other law, voting by mail is banned in this state. Persons who are unable to go to the polls will be provided alternate means of voting that ensure secrecy in voting to the greatest extent possible.
B. Subsection A of this section does not apply to persons who are covered by the uniformed and overseas citizens absentee voting act (P.L. 99-410; 52 United States Code section 20310) and citizens of this state who are temporarily residing out of state. A ballot must not be mailed to an address within this state and strict protections must be in place to verify the identity of anyone voting by mail. These exceptions are only provided because this class of voters cannot vote in person and the legislature has no means of providing an alternate method for them to vote, which maintains secrecy. The legislature must put in place additional measures to ensure as much secrecy as possible for these voters, including the following:
1. Confirming that the person is a resident of and registered voter in this state.
2. Ensuring that the mailed ballot is sent to the correct address.
3. Having a certified witness attest that the voter voted in the absence of others and that the voter did not show any other person the voted ballot before placing it in the envelope.