ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: JUDE DP 4-3-0-0 | 3rd Read: 17-10-2-0-1

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


SB 1001: early ballots; identification; tabulation

Sponsor: Senator Mesnard, LD 13

Committee on Federalism, Military Affairs & Elections

Overview

Authorizes counties to provide for on-site tabulation during the period of early voting and  establishes identification  and chain of custody requirements for a voter returning their voted early ballot after the Friday before election day.

History

When an elector is required to present a valid form of identification, the elector must present: 1) a valid form of identification bearing the photograph, name and address of the elector that is the same to the information in the precinct register; 2) two differing items containing the name and address of the elector that match the information in the precinct register which can include specified bills, bank statements, insurance cards, tribal enrollment cards and valid id's; or 3) if the address on a valid form of identification does not appear to be the same as that on the precinct register, then it must be accompanied by a specified document from the previous provision (A.R.S. § 16-579).

Beginning in 2026, a voter may choose to provide identification when presenting their mailed early ballot.  In this case the election official must: 1) require the voter to present identification complying with the previously stated requirements; 2) confirm the name and address match between the identification and the voter's registration record; 3) stamp the signed affidavit with a stamp saying ID verified, which deems the ballot ready for tabulation and additional signature verification is not required; and 4) maintain a tally of ballots deposited in the secured ballot box and provide a statement sufficient to record and maintain the chain of custody for those ballots (A.R.S. § 16-579).

Provisions

On-Site Early Voting

1.   Authorizes a county to provide for on-site tabulation during the period of early voting. (Sec. 12)

2.   Authorizes  counties that provide for on-site tabulation of early ballots to conduct the required logic and accuracy testing of the associated vote tabulating equipment within 50 days before election day. (Sec. 2)

3.   Clarifies that the revised logic and accuracy timeline for a county's on-site tabulation equipment does not affect the deadlines for performing logic and accuracy testing on other equipment. (Sec. 2)

4.   Extends the period of on-site early voting to 7:00 P.M. on the Monday before the election. (Sec. 3)

5.   Clarifies that the period of on-site early voting ends at 7:00 P.M. on the Friday before election day if the County Recorder or officer in charge of elections is not able to revise precinct registers and other elections materials for use on election day to indicate:

a)   which voters have requested an early ballot;

b)   which voters have already voted; and

c) hich voters are on the inactive list. (Sec. 3)

6.   Adds, to the list of reasons a voter can be removed from the Active Early Voting List, the voter's failure to provide valid identification when dropping off their voted early ballot after 5:00 P.M. on the Friday before election day. (Sec. 4, 6)

Acceptable Methods of Returning an Early Ballot

7.   Authorizes a voter to return their voted early ballot by one of the following methods:

a)   mailing the voted ballot to the County Recorder or officer in charge of elections, which must be received by 7:00 P.M. on election day; or

b)   depositing it at a designated location in the county. (Sec. 6)

8.   Clarifies that after 7:00 P.M. on the Friday before election day, for a voter depositing their voted early ballot at a designated location in the county, the voter must present specified valid identification and sign the signature roster or E-Pollbook before depositing their ballot at the voting location. (Sec. 6)

9.   Specifies that if a voter's agent delivers a voter's ballot to any location in the county after 7:00 PM on the Friday before election day, the voter's ballot will only be counted and valid if the voter presents valid identification. (Sec. 6)

10.  Requires a person who appears personally at an on-site early voting location during the period of early voting, including the Saturday, Sunday and Monday before election day, to deposit their mailed early ballot, must present valid identification, sign the early voter affidavit, mark their ballot in a manner that their vote cannot be seen and return the voted ballot to the election official. (Sec. 6)

11.  Requires, for a county that provides for on-site tabulation during the Saturday, Sunday or Monday before the election:

a)   the early voter to appear personally at the on-site tabulation location and submit their early ballot and affidavit; and

b)   the election official allow the early voter to tabulate their ballot on site, in the manner prescribed by law. (Sec. 1)

Chain of Custody

12.  Authorizes two election workers, each a differing member of the two largest political parties, to remove early ballots returned at voting locations on election day after the voter's identification is confirmed, provided they complete a chain of custody log maintained at the voting location. (Sec. 10)

13.  Specifies the chain of custody log must include the total count of the early ballots being transported. (Sec. 10)

14.  Requires, if early ballots are transported as prescribed by this measure, that the early ballots be delivered to a designated receiving site that is an official elections facility and not a third-party location. (Sec. 10)

15.  States the chain of custody log for early ballots must be made available for inspection by the public, the political parties, committees representing ballot measures on the ballot and candidates on the ballot within 48 hours after election day. (Sec. 10)

16.  Adds the following information that an election official must include in the affidavit that is deposited in the secured ballot box designated for verified early ballots:

a)   an affirmation that the election official required every voter to present valid identification;

b)   confirmation that the name and address on the identification presented by voters reasonably appeared to be the same name and address on each voter's early mail affidavit; and

c) affirm that any completed early mail affidavit that is not stamped ID Verified will be subject to signature verification. (Sec. 11)

17.  Requires each early voting or election day voting location to include a minimum of at least one secure ballot box for a voter to deposit their completed early ballot and at least one secure ballot box for a voter who presents valid identification to deposit their voted early ballot after their envelope has been stamped by the election official. (Sec. 11)

18.  Asserts that each type of ballot box must be physically separated and clearly labeled. (Sec. 11)

19.  Instructs the election official in charge of the voting location to ensure that a voter who does not present valid identification is not able to deposit their completed early ballot in the ballot box designated for verified early ballots. (Sec. 11)

Early Voting Instructions

20.  Modifies the instructions sent to early voters to specify the following options for returning their early ballot:

a)   mailing it to the office of the County Recorder or officer in charge of elections so that it is received by 7:00 P.M. on election day;

b)   depositing it at a designated location in the County; or

c) bringing the ballot to a voting location in a county that offers on-site tabulation or after 7:00 P.M. on the Friday before the election. (Sec. 5)

Designation of Voting Locations

21.  Authorizes the officer in charge of elections, if they are unable to otherwise obtain sufficient voting locations, to request that a public-school serving grade 7 through 12 serve as a voting location and removes language allowing the principal of a school to deny such a request. (Sec. 1)

22.  Requires all buildings or facilities owned by a county, municipality or school district to serve as a voting location for any state, county or municipal election when requested to do so by the officer in charge of elections. (Sec. 1)

Miscellaneous Provisions

23.  Repeals statute allowing the Board of Supervisors to use emergency voting centers. (Sec. 1)

24.  Alters the signature cure period and the conditional provisional ballot cure period from 5 business days to 5 calendar days after an election that includes a federal office. (Sec. 7)

25.  Defines ID Verified and voter's agent.

26.  Makes technical and conforming changes. (Sec. 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13)

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30.                    SB 1001

31.  Initials JH           Page 0 Federalism, Military Affairs & Elections

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