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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
early ballot drop off; identification
Purpose
Outlines identification and attestation requirements for voters and voters' agents who drop off one or more voted early ballots at a polling location, voting center or emergency voting center and classifies a knowing violation of the outlined attestation and identification requirements as a class 5 felony.
Background
Any election called pursuant to Arizona law must provide for any qualified elector to vote by early ballot. An early ballot must be accompanied by an envelope containing a printed affidavit and an early voter must make and sign the affidavit. An early voter must mark the ballot, fold the ballot to conceal the vote and deposit the voted ballot into the envelope provided. In order to be counted and valid, an early ballot must be delivered with the affidavit by 7:00 p.m. on election day (A.R.S. §§ 16-541; 16-547; and 16-548).
A person who knowingly collects voted early ballots from another voter, except for the voter's family member, household member or caregiver, is guilty of a class 6 felony. A class 6 felony carries a presumptive term of imprisonment of one year and a maximum fine of $150,000 (A.R.S. §§ 13-702; 13-801; and 16-1005).
To receive a ballot at a polling location, an elector must present: 1) a valid form of identification bearing their photograph, name and address; 2) two different items containing the name and address of the elector that is the same name and address in the precinct register; or 3) a valid form of identification that does not appear to be the same address as in the precinct register and one item containing the name and address of the elector that is the same as in the precinct register. Beginning in 2026, a voter may choose to provide identification when presenting the voter's voted early ballot at any voting location and, if so, the election official must: 1) require the voter to present identification that complies with the outlined requirements for an elector obtaining the elector's ballot on election day; 2) confirm that the name and address on the identification reasonably appear to match the information shown on the voter's registration record; 3) stamp the signed ballot affidavit with a stamp that reads ID verified and place the stamped affidavit containing the early ballot in a secured ballot box labeled for early ballots; and 4) maintain a tally of the number of early ballots that have been deposited in the secure ballot box and sign a prescribed affidavit that includes a statement sufficient to record and maintain the chain of custody of those ballots (A.R.S. § 16-579).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
b) on which the voter's name reasonably appears to match the ballot affidavit.
2. Requires a voter's agent who delivers another person's voted early ballot to a polling place, voting center or emergency voting center to:
a) present identification to the election board worker that complies with the identification requirements prescribed for obtaining an elector's ballot from a polling location on election day; and
b) attest in writing that the voter's agent is the voter's family member, household member or caregiver.
3. Classifies, as a class 5 felony, a knowing violation of the outlined identification and attestation requirements for voted early ballot drop off to a polling location, voting center or emergency voting center.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
ZD/KS/ci