HCR2056 - 562R - Senate Fact Sheet

Purpose

Prohibits the use of foreign monies for election administration purposes or to influence the outcome of a ballot measure. Changes the date by which early ballots must be returned to a polling place from 7:00 p.m. on election day to 7:00 p.m. on the Friday before election day, with exceptions for delivery to the office of the county recorder during emergency voting. Requires the county recorder or other officer in charge of elections to provide for on-site tabulation of all ballots for all voting conducted during early voting or on election day.

Background

Foreign Monies

The Federal Election Campaign Act of 1971 (Act) prohibits a foreign national from directly or indirectly participating in the decision making process regarding a person's federal or
non-federal election related activities, including by way of: 1) a contribution or donation of money or other thing of value in connection with a federal, state or local election; 2) a contribution or donation to a committee of a political party; or 3) an expenditure, independent expenditure or disbursement for electioneering communication. In 2021, the Federal Elections Commission determined that spending specifically related to ballot initiatives is generally outside the purview of the Act because such spending is not in connection with elections as defined by the Act. In 2021, the Legislature enacted legislation that prohibited the state or a city, town, county, school district or other public body that conducts or administers elections from receiving or expending private monies for the purpose of preparing for, administering or conducting an election, including to register voters (52 U.S.C. § 30121; FEC; and Laws 2021, Ch. 199).

Voting

Laws 2022, Chapter 271 allows every county recorder or other officer in charge of elections to provide for a qualified elector who presents valid identification to have the elector's voted early ballot tabulated on-site at the elector's designated polling location or voting center. Statute outlines requirements for a voting location that allows on-site tabulation, including requirements that the county recorder or other officer in charge of elections: 1) designate an area within the precinct or voting center for processing voted early ballots on-site that is separate from the area for regular in person voting; 2) categorize and separately tally electors whose voted early ballots are tabulated on-site; and 3) reconcile the number of electors who appear on the signature roster or e-pollbook with the number of completed early ballot affidavits and voted early ballots tabulated on-site.

Once an elector presents valid identification, the elector must present the elector's early ballot affidavit to the election official in charge of the signature roster, and the election official must confirm that the name and address on the completed affidavit reasonably appears to be the same as the name and address on the precinct register. If the elector's affidavit is not complete, the election officer must 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. When the elector proceeds to the tabulating equipment, under observation of an election official, the elector must 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 ballot into a tabulating machine. An elector that does not present valid identification must either deposit the early ballot, while still in the ballot's 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 may then vote a provisional ballot.

Laws 2024, Chapter 1 allows a voter, beginning in 2026, to provide valid identification when presenting the voter's mailed early ballot at any voting location and, upon confirming that the name and address on the voter's identification appears to be the same name and address shown on the voter's registration record, requires the election official to place the early ballot and affidavit in the secured ballot box labeled for verified early ballots and stamp the signed affidavit with a stamp that reads ID verified. The voter's early ballot is then deemed ready for tabulating and is exempt from additional signature verification.

Laws 2024, Chapter 1 extends the deadline for in-person early voting from 5:00 p.m. on the Friday before election day to 7:00 p.m. on the Friday before election day. Beginning in 2026, the early ballot instructions must include a statement that in order to be valid and counted the mail affidavit containing the ballot must have the voter's signature on the envelope and be returned to the office of the county recorder by: 1) delivering the affidavit and ballot to the county recorder or other officer in charge of elections by 7:00 p.m. on election day; 2) depositing the affidavit and ballot at any polling place in the county by 7:00 p.m. on election day; or 3) bringing the ballot to any polling place in the county by 7:00 p.m. on election day and presenting valid identification.

The strike-everything amendment to H.C.R. 2056 appropriates $11,000,000 from the Citizens Clean Elections Fund (CCEF) to the Secretary of State (SOS).

Provisions

Foreign Monies

1. Prohibits a foreign government from giving and a person, entity or committee from accepting or using 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.

2. Requires a person, entity or committee that is required to file campaign finance reports to certify in the reports, under penalty of perjury, that the person, entity or committee has not accepted or used prohibited foreign monies or in-kind goods or services.

3. Adds in-kind goods and services to the prohibition on the state or a city, town, county, school district or other public body that conducts or administers elections receiving or expending private monies for the purpose of preparing for, administering or conducting an election.

4. Prohibits a government entity in Arizona from using monies or in-kind goods or services donated, directly or indirectly, by a foreign government or any foreign nongovernmental source for election administration.

5. Requires a person or vendor that provides services to a government entity for election administration to provide a certification to the SOS that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the direct or indirect recipient of donations from a foreign source.

6. Requires the person to update the foreign donation certification annually.

7. Requires a person, if the person obtains information unknown at the time of initial certification, to update the initial certification within five business days to reflect the new information and to include a new statement that the person is now knowingly the direct or indirect recipient of foreign donations.

8. Requires the SOS to:

a) maintain records of submitted foreign donation certifications and to post the foreign donation certifications on the SOS's website;

b) require government entities to provide the SOS a quarterly report of all persons or vendors that provide services for election administration to the government entity; and

c) notify a government entity by email if the government entity fails to file a quarterly report as outlined, and to advise the government entity of possible enforcement actions.

9. Classifies, as a class 1 misdemeanor, knowingly failing to provide an accurate initial or updated foreign donation certification to the SOS.

10. Stipulates that a person's or vendor's failure to provide an accurate foreign donation certification:

a) invalidates any agreement between the person and a government entity; and

b) bars a state, county or local government entity from entering into or continuing any agreement with the person.

11. Allows the Attorney General to file an action regarding a person's knowing violation of the foreign donation prohibition or certification requirement.

12. Specifies that a foreign donation violation action may include a request for:

a) an injunction;

b) damages of at least $5,000 for each knowing violation; and

c) other relief that the court may provide.

13. Allows any qualified elector or state officer to initiate a civil action to enjoin a foreign donation violation or enforce any requirement relating to disclosure of foreign donations.

14. Requires the court to award a prevailing civil claimant:

a) injunctive relief sufficient to prevent the defendant from violations or engaging in, acts that aid or abet foreign donation violations;

b) damages in the amount of $1,000 per day from the date of noncompliance until the defendant comes into compliance; and

c) costs and attorney fees.

15. Specifies that the remedies, duties, prohibitions and penalties associated with foreign donation violations are in addition to all other causes of action, remedies or penalties as provided by law.

16. Defines person as an individual or a candidate, nominee, committee, corporation, limited liability company, labor organization, partnership, trust, association, organization, joint venture, cooperative or unincorporated organization or association.

Voting

17. Allows, beginning in 2026, a county board of supervisors (county BOS), on a specific resolution that is voted on by a recorded vote, to authorize the county recorder or other officer in charge of elections to designate any county recorder's office for emergency voting.

18. Accelerates, beginning in 2026, from 7:00 p.m. on election day to 7:00 p.m. on the Friday before election day, the date by which a voted early ballot must be returned to a polling place to be valid and counted, except that a qualified elector may deliver a voted early ballot during the Saturday, Sunday and Monday prior to election day to a county recorder's office designated for emergency voting by a county BOS.

19. Requires, beginning in 2026, every county recorder or other officer in charge of elections to allow a qualified elector to have the elector's ballot tabulated on-site, if the elector appears at a polling place or other polling location during the period of early voting or on election day with the elector's voted early ballot in its envelope along with the early ballot affidavit.

20. Requires, beginning in 2026, all ballots for all voting conducted during early voting or on election day at a polling place or other voting location to be tabulated at the polling place or other voting location before being transported to a receiving station or central facility.

21. Applies the elector identification requirements for on-site tabulation of early ballots on election day to an elector that appears at a polling place with the elector's voted early ballot during early voting and on election day.

22. Exempts provisional, misread or write-in ballots from the on-site tabulation requirements.

23. Specifies, in the early ballot instructions for ballot delivery to a polling place, that the elector may bring the ballot to a polling location in the county by 7:00 p.m. on election day and present identification to tabulate the ballot on-site.

24. Requires a qualified elector who presents identification at a precinct or other polling location during early voting to be given a ballot to complete tabulate on-site.

25. Removes the stipulation that, to tabulate an elector's early ballot on-site, the elector's early ballot affidavit must be complete.

26. Prohibits county election officials from generating or requiring early ballot mail affidavit envelopes for an elector that presents identification and is given a ballot to complete and tabulate on-site.

27. Replaces references to polling place or vote centers with precinct or other polling location.

Appropriations

28. Appropriates $11,000,000 from the Fund to the SOS 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.

29. Exempts the appropriation from lapsing.

Miscellaneous

30. Makes technical and conforming changes.

31. Requires the SOS to submit the proposition to the voters at the next general election.

32. Becomes effective if approved by the voters and on proclamation of the Governor.

Amendments Adopted by Committee

1. Modifies the early ballot instructions.

2. Replaces references to polling place or vote centers with precinct or other polling location.

3. Requires a qualified elector who presents identification at a precinct or other polling location during early voting to be given a ballot to complete tabulation on-site.

4. Prohibits county election officials from generating or requiring early ballot mail affidavit envelopes for specified electors.

5. Expands the prohibition on a public body receiving private monies for the purpose of administering an election.

6. Specifies that the foreign donation certification in a campaign finance report is under penalty of perjury.

7. Specifies that the prohibition on a government entity using foreign monies or in-kind goods or services applies to direct or indirect donations.

8. Removes the reductions to the FY 2024 and FY 2025 appropriations included in the FY 2022 General Appropriations Act to the State Treasurer for secure ballot paper and removes the $11,000,000 appropriation to the SOS.

9. Appropriates $11,000,000 from the CCEF to the SOS.

10. Makes conforming changes.

Senate Action

ELEC 5/16/24 DPA/SE 4-3-1