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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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HB 2914: registration; signatures; audits; ballots; procedures
Sponsor: Representative Gillette, LD 30
Committee on Federalism, Military Affairs & Elections
Overview
Revises certain election procedures, establishes additional requirements for initiative and referendum petitions and creates deadlines for specified court actions.
History
The Arizona Constitution recognizes the reserved powers of initiative and referendum. 10% of qualified electors can propose an initiative, 15% of qualified electors can propose an amendment to the constitution and 5% of qualified electors can order an act of the Legislature be submitted to the polls (Art. 4, Part 1 § 1, Const. of Ariz.).
Provisions
Nominations for President by Independent Candidates
1. Allows a candidate in the presidential preference election (PPE) to submit a statement of withdrawal. (Sec. 2)
2. Clarifies that a candidate in the PPE that does not file a statement of withdrawal will appear on the ballot unless a court order directs the candidate's removal. (Sec. 2)
3. Instructs a candidate in the PPE to file a nomination paper and nomination petition no later than 75 days before the presidential election. (Sec. 2)
4. Outlines the minimum and maximum number of nomination petition signatures that a candidate for US president must submit to appear on the general election ballot if the candidate is not a member of a recognized political party. (Sec. 3)
5. Clarifies that any registered voter in Arizona is eligible to sign a nomination petition, regardless of the person's party affiliation, for a presidential candidate who is not a member of a recognized political party. (Sec. 3)
Ballot Printing and Storage
6. Requires the ballots for all elections to be printed and available at least 75 days before election day. (Sec. 4)
7. Specifies that after ballots are printed, the county must store them in a secure locked location and only an election officer can have access to the location. (Sec. 4)
Forwarding of Early Ballots
8. Allows a County Recorder, outside the voter's county of registration, to forward an early ballot received by 7:00 pm on election day to the correct county for tabulation. (Sec. 7)
9. Allows a County Recorder from a different county to provide an early ballot to the appropriate County Recorder within 3 days after election day. (Sec. 9)
Inactive Voters
10. Clarifies that the County Recorder or officer in charge of elections is not required to mail an Active Early Voting List voter an early ballot if the voter is listed as inactive. (Sec. 6)
11. Clarifies that an inactive voter can only receive an early ballot if the voter updates or otherwise confirms their registration information. (Sec. 6)
12. Instructs the County Recorder to allow for an elector who is listed as inactive to confirm or revise their voter registration information and receive a ballot. (Sec. 11)
Petition Requirements for Initiatives and Referendum
13. Allows up to 10% of the total votes for Governor in the preceding general election to be submitted for a political party recognition petition. (Sec. 13)
14. Instructs the Secretary of State to allow an unspecified percentage of qualified electors to sign petitions for statewide initiatives and referendum on E-QUAL. (Sec. 15)
15. Allows a person who signed specified petitions to withdraw their signature by 5:00 pm the day before the petition is filed. (Sec. 16)
16. Requires initiative petitions to be filed with the Secretary of State by 5:00 pm on January 15 before the general election. (Sec. 17)
Challenges to initiatives and Referendum Based on the County Recorder
17. Directs the superior court to hear and render a decision within 10 days after a citizen challenges the County Recorder's certification of petition signature sheets. (Sec. 18)
18. Requires the Supreme Court, if a party appeals the decision of the superior court, to hear and render a decision within 5 calendar days after the notice of appeal is filed. (Sec. 18)
Challenges to initiatives and Referendum Based on the Secretary of State
19. Requires actions contesting the validity of initiative or referendum measures based on the actions of the Secretary of State to be filed within 5 calendar days after the action of the Secretary of State. (Sec. 19)
20. Instructs the superior court to hear and render a decision on the matter within 10 days after filing the action. (Sec. 19)
21. Allows either party to appeal to the Supreme Court within 5 calendar days after the judgement and requires the Supreme Court to hear and render a decision within 5 calendar days after the notice of appeal is filed. (Sec. 19)
Miscellaneous
22. Requires individuals registering to vote through the Arizona Health Care Cost Containment System to sign the voter registration form in person and specifies that digital signatures are invalid. (Sec. 1)
23. Allows County Recorders in counties with populations of 500,000 or fewer, and city or town clerks in cities or towns with populations of 75,000 or fewer, to close on the weekends before and after the election if no ballots require curing. (Sec. 8)
24. Allows the Secretary of State to issue an election officer certificate during the two-year period before each general election year. (Sec. 5)
25. Makes technical and conforming changes. (Sec. 1, 4, 5, 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 19)
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29. HB 2914
30. Initials JH Page 0 Federalism, Military Affairs & Elections
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