SB1170 - 562R - Senate Fact Sheet

Purpose

Prohibits the county board of supervisors (county BOS), county recorder or county officer in charge of elections from using a voting center or early voting location. Modifies the requirements relating to early voting and the identification requirements for an elector to receive a ballot. Contains requirements for enactment for initiatives and referendums (Proposition 105).

Background

The county BOS must designate a polling place within each precinct before a general or special election. Upon request from the officer in charge of elections, public schools must provide sufficient space for use as a polling place for any city, county or state election. The principal of a public school may deny the request if the principal provides a written statement within two weeks after the request, indicating why the election cannot be held in the school, including if: 1) space is not available at the school; or 2) the safety or welfare of the children would be jeopardized. The county BOS, on a specific resolution, may authorize the use of voting centers in place of, or in addition to, specifically designated polling places. A voting center must allow any voter in the county to receive the appropriate ballot for the voter on election day after presenting identification. The county BOS may also pass a resolution authorizing the county recorder or other officer in charge of elections to establish emergency voting centers (A.R.S. § 16-411). The county recorder may establish on-site early voting locations at the county recorder's office, which must be open and available for use beginning the same day that the county begins to mail out early ballots. A county recorder may also establish any other necessary early voting locations in the county (A.R.S. § 16-542).

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. If the elector does not present valid identification that complies with the outlined requirements, the elector is only eligible to vote a provisional ballot or a conditional provisional ballot (A.R.S. § 16-579).

Ballot fraud countermeasures must contain at least three of the following: 1) unique, controlled-supply watermarked clearing bank specification 1 security paper; 2) secure holographic foil that acts as a visual deterrent and anti-copy feature; 3) branded overprint of any hologram that personalizes the hologram with customer logo; 4) custom complex security background designs with banknote-level security; 5) secure variable digital infill; 6) thermochromic, tri-thermochromic, photochromic or optically variable inks; 7) stealth numbering in ultraviolet, infrared or taggant inks; 8) multicolored micro-numismatic invisible ultraviolet designs; 9) unique forensic fraud detection technology that is built into security inks; or 10) a unique bar code or QR code that is accessible only to the voter and that tracks the voter's ballot.

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Prohibits the county BOS, county recorder and county officer in charge of elections from using a voting center, an early voting location or other similar method of voting.

2. Requires all voting to occur in individual precincts.

3. Replaces the ballot fraud countermeasures by requiring the ballots to include the use of colored threads or threads that fluoresce under ultraviolet light or both.

4. Replaces the eligibility for any qualified voter to vote by early ballot with the ability of a qualified elector to vote by mail-in ballot only if the qualified elector is:

a) registered to vote in Arizona and is a student who resides outside of Arizona;

b) registered to vote in Arizona and is temporarily residing outside of Arizona; or

c) eligible to vote under the Uniformed and Overseas Citizens Absentee Voting Act.

5. Modifies, subject to the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105), the identification requirements for a qualified elector to receive a ballot at a voting location by removing the ability of the elector to present:

a) two different items that contain the name and address of the elector that reasonably appear to be the same as the name and address in the precinct register; or

b) 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.

6. Removes the ability of an elector to vote a provisional or conditional provisional ballot, if the elector does not present identification that complies with the outlined requirements.

7. Removes the ability of a principal of a public school to deny a request to provide space for use as a polling place for any city, county or state election if the principal provides a written statement indicating that the election cannot be held in the school because:

a) space is not available at the school; or

b) the safety or welfare of the children would be jeopardized.

8. Requires the election board workers to, on completion of the tally at the precinct, enter the tally and total into a county database that is publicly viewable.

9. Removes the requirement that the statements of tally be delivered to receiving stations designated by the county BOS in the same manner as the delivery of ballots.

10. Directs Legislative Council Staff to prepare proposed conforming legislation in the Fifty-Seventh Legislature, First Regular Session.

11. Makes technical and conforming changes.

12. Becomes effective on the general effective date.