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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
VETOED
FACT SHEET FOR H.B. 2703/S.B. 1011
early voting; ballot deadlines
Purpose
Requires a voted early ballot that is deposited at a voting location to be received by the voting location not later than 7:00 p.m. on the Friday before election day in order to be counted and valid. Allows county recorders to provide for on-site tabulation of early ballots at any time during the period of early voting, rather than only on election day. Eliminates emergency voting that occurs between 7:00 p.m. on the Friday before election day and 5:00 p.m. on the Monday before election day.
Background
Any election called pursuant to Arizona law must provide for early voting, including accessible voting by U.S. mail for persons who are blind or have a visual impairment. Any qualified elector may vote by early ballot by making a request for a one-time early ballot as provided by statute or by requesting to be on the Active Early Voter List (AEVL) which allows a voter to vote by early mail ballot until the voter fails to vote an early ballot for two consecutive election cycles (A.R.S. §§ 16-541 and 16-544). Statute requires early voters to secure their ballot in a provided envelope, together with the prescribed affidavit, and either deliver or mail the secured ballot to the appropriate county recorder or deposit the secured ballot at any polling place in the county. In order to be counted and valid, the ballot must be received by the county recorder or other officer in charge of elections no later than 7:00 p.m. on election day, or deposited by the voter or the voter's agent at any polling place in the county no later than 7:00 p.m. on election day (A.R.S. § 16-548). A voter may also choose to vote early in-person at any on-site early voting location up to 27 days before the election and until 7:00 p.m. on the Friday before the election (A.R.S. § 16-542). Before receiving a ballot at any on-site early voting location, a voter must provide identification as prescribed by statute (A.R.S. § 16-579).
Upon receipt of a voted early ballot and completed affidavit, the county recorder or other officer in charge of elections must compare the signature on the affidavit with the voter's signature in the voter's registration record. If satisfied that the signatures were made by the same person, the county recorder must place a distinguishing mark on the unopened affidavit envelope to indicate that the signature is sufficient, and the ballot is ready for further processing and tabulation (A.R.S. § 16-550). Beginning in 2026, an early voter may also present their voted ballot along with prescribed forms of voter identification and, upon confirming that the name and address on the voter's identification appear to match the information shown on the voter's registration record, the election official must stamp the signed affidavit with a stamp that reads ID verified, thereby allowing the ballot to bypass additional signature verification (A.R.S. § 16-579).
Statute delegates the authority to establish emergency voting centers to the county board of supervisors (A.R.S. § 16-411). If a voter experiences an emergency between 7:00 p.m. on the Friday preceding the election and 5:00 p.m. on the Monday preceding the election, the voter may request to vote at an emergency voting center. The voter must present valid voter identification and sign a statement under penalty of perjury that the person is experiencing an emergency that would prevent the person from voting at the polls (A.R.S. § 16-542).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a voted early ballot that is deposited at a voting location to be received by the voting location not later than 7:00 p.m. on the Friday before election day, rather than 7:00 p.m. on election day, in order to be valid and counted.
2. Specifies that voted early ballots may still be delivered or mailed to the office of the county recorder not later than 7:00 p.m. on election day in order to be valid and counted.
3. Allows county recorders to provide for on-site tabulation of early ballots at any time during the period of early voting, rather than only on election day.
4. Extends on-site early voting from the Friday before election day to the Saturday, Sunday and Monday before election day.
5. Eliminates emergency voting between 7:00 p.m. on the Friday before election day and 5:00 p.m. on the Monday before election day, and repeals statute delegating the authority to establish emergency voting centers to the county board of supervisors.
6. Requires in-person early voters who appear at an on-site tabulation location in a county that provides for such locations during the Saturday, Sunday and Monday immediately preceding election day to submit the voter's early ballot and affidavit in order to tabulate the early ballot on-site according to prescribed procedures.
7. Modifies early voting instructions that must be used beginning in 2026 to indicate that voters must:
a) mail their ballot to the county recorder, where it must be received no later than 7:00 p.m. on election day;
b) hand deliver their ballot to the county recorder no later than 7:00 p.m. on election day; or
c) deposit their ballot at any voting location in the county by 7:00 p.m. on the Friday before election day either;
i. after 7:00 p.m. on the Friday before election day, for counties that do provide for on-site tabulation, bring the ballot to any voting location in the county and submit it to election officials for separation from the envelope and further processing; or
ii. after 7:00 p.m. on the Friday before election day, for counties that do not provide for on-site tabulation, bring the ballot to any polling place in the county and present acceptable identification.
8. Requires early mail voters to confirm their address before receiving an early ballot by mail, regardless of whether the early mail voter is on AEVL, either:
a) each election cycle if the voter lives in a county with 500,000 persons or more; or
b) every four-year period that constitutes two consecutive election cycles, if the voter lives in a county with fewer than 500,000 persons.
9. Requires the county recorder to allow an early mail voter to confirm their address by way of mail notification, telephone call or through a county website portal.
10. Requires the county website portal to prompt an early mail voter to confirm or update their address each time they log in if the address has not yet been confirmed for that election cycle.
11. Outlines formatting requirements for the notification sent to early mail voters.
12. Stipulates that an address confirmation received after the last day to request an early ballot will be processed for the next upcoming election for which the early mail voter is eligible in the current election cycle.
13. Removes the ability for a school principal to deny a request from the officer in charge of elections to provide space for use as a polling place for an election.
14. Requires the county board of supervisors or other officer in charge of elections in a county that provides for on-site tabulation to test electronic ballot tabulating equipment for logic and accuracy within 50 days before the election day.
15. Specifies that this 50-day deadline does not impact deadlines for performing logic and accuracy testing on other equipment.
16. Requires the officer in charge of elections to ensure that chain of custody procedures for early ballots cast in person are identical to those prescribed for in-person election day voting.
17. Specifies that county recorders must count the number of early ballots returned at voting locations on election day and must post the count on its website with unofficial election night results if the county does not provide for on-site tabulation.
18. Contains a severability clause.
19. Contains a legislative findings clause.
20. Makes technical and conforming changes.
21. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Allows, rather than requires, voting locations to be open for in-person early voting on the Saturday and Monday before election day.
2. Allows county recorders to begin distributing early ballots up to 29 days before election day, rather than 27 days before election day.
3. Removes the ability for a school principal to deny a request from the officer in charge of elections to provide space for use as a polling place for an election.
4. Requires in-person early voters who appear at an on-site tabulation location in a county that provides for such locations during the Saturday and Monday immediately preceding election day to surrender the voter's early ballot and affidavit in order to tabulate the early ballot on-site according to prescribed procedures.
5. Requires the officer in charge of elections to ensure that chain of custody procedures for early ballots cast in person are identical to those prescribed for in-person election day voting.
6. Allows county recorders to provide for on-site tabulation of early ballots at any time during the period of early voting, rather than only on election day.
7. Removes the requirement that the county recorder count the number of early ballots that are returned to voting locations on election day and post the totals on the county's website along with unofficial election night results.
8. Removes the ability of an in-person early voter to complete an early voting certificate in lieu of a mail affidavit envelope.
9. Reinserts existing statute on early voting instructions relating to the option to present valid identification along with a voted early ballot.
Amendments Adopted by Committee of the Whole
1. Modifies early voting instructions that must be used beginning in 2026 to indicate that voters must:
a) mail their ballot to the county recorder, where it must be received no later than 7:00PM on election day; or
b) hand deliver their ballot to the county recorder no later than 7:00PM on election day;
c) deposit their ballot at any voting location in the county by 7:00PM on the Friday before election day either;
i. after 7:00PM on the Friday before election day, for counties that do provide for on-site tabulation, bring the ballot to any voting location in the county and submit it to election officials for separation from the envelope and further processing; or
ii. after 7:00PM on the Friday before election day, for counties that do not provide for on-site tabulation, bring the ballot to any polling place in the county and present acceptable identification.
2. Allows in-person early voting to take place on the Sunday before election day, rather than just the Saturday and Monday before election day.
3. Requires early mail voters to confirm their address before receiving an early ballot by mail, regardless of whether the early mail voter is on AEVL, either:
a) each election cycle if the voter lives in a county with 500,000 persons or more; or
b) every four-year period that constitutes two consecutive election cycles, if the voter lives in a county with fewer than 500,000 persons.
4. Requires the county recorder to allow an early mail voter to confirm their address by way of mail notification, telephone call or through a county website portal.
5. Outlines formatting requirements for the notification sent to early mail voters.
6. Stipulates that an address confirmation received after the last day to request an early ballot will be processed for the next upcoming election for which the early mail voter is eligible in the current election cycle.
7. Reverts the early ballot distribution date from 29 days before the election back to 27 days before the election.
8. Requires the county board of supervisors or other officer in charge of elections in a county that provides for on-site tabulation to test electronic ballot tabulating equipment for logic and accuracy within 50 days before the election day.
9. Specifies that this 50-day deadline does not impact deadlines for performing logic and accuracy testing on other equipment.
10. Specifies that county recorders must count the number of early ballots returned at voting locations on election day and must post the count on its website with unofficial election night results if the county does not provide for on-site tabulation.
11. Clarifies that a voter who appears personally at an on-site tabulation location must submit, rather than surrender, their early ballot and affidavit.
12. Adds a severability clause.
13. Adds a legislative findings clause.
Governor's Veto Message
The Governor indicates in her veto message that while she too wants faster election results, the solution should not restrict Arizona citizens' freedom to vote.
House Action Senate Action
FMAE 2/3/25 DPA 4-3-0-0 JUDE 1/15/25 DPA 4-3-0
3rd Read 2/12/25 32-27-0 3rd Read 2/13/25 16-10-4
(H.B. 2703 was substituted for S.B. 1011 on 3rd Read)
Vetoed by the Governor 2/18/25
Prepared by Senate Research
February 20, 2025
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