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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
early voting; ballot deadlines; certificates
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. Extends in-person early voting to the Saturday and Monday before election day, and 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 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. Extends on-site early voting from the Friday before election day to the Saturday and Monday before election day.
4. 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.
5. Requires in-person early voters, beginning in 2026, to complete an early voting certificate that follows a prescribed format, which allows the person to vote without issuing or completing a mail affidavit envelope.
6. Modifies early voting instructions that must be provided to early voters beginning in 2026 to indicate that voted early ballots must be returned to voting locations not later than 7:00 p.m. on the Friday before election day.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Prepared by Senate Research
January 9, 2025
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