ballot delivery; collection

HB2628 - 572R - I Ver

REFERENCE TITLE:
ballot delivery; collection

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2628

Introduced by

Representatives
Austin: Abeytia, Aguilar, Cavero, Crews, Garcia, Gutierrez, Liguori, Villegas

AN
ACT

amending sections 16-513, 16-547
and 16-1005, Arizona Revised Statutes; relating to ballot collection.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 16-513, Arizona Revised
Statutes, is amended to read:

START_STATUTE
16-513.

Instructions for voters and election officers; overvote notice

A. The board of supervisors shall prepare
instructions for the guidance of voters and election officers at the election,
according to which the election shall be conducted and which shall govern the
voters and election officers as provided in the secretary of state's
instructions and procedures manual.� The board of supervisors shall furnish to
the inspector in each election precinct at least two instruction cards
,
at the time and in the same manner as the printed
ballots are furnished.

B. If the voting equipment used for the election
provides for the rejection of overvoted ballots or ballots that contain other
irregularities, the board of supervisors shall provide for a written notice
advising the voter that if the voter chooses to override the overvoted office
or measure or override any other ballot irregularity, the voter's vote for that
office or measure will not be tallied.� The notice shall be posted on or near
the voting equipment so that the voter has a clear view of the notice.

C. The instructions prescribed by
subsection A of this section shall also include the following information
regarding section 16-1005, subsections H and I in substantially the
following form:

A person may only handle or return their own
ballot or the ballot of family members, household members or persons for whom
they are a caregiver. It is unlawful under section 16-1005 to handle or
return the ballot of any other person.

END_STATUTE

Sec. 2. Section 16-547, Arizona Revised
Statutes, is amended to read:

START_STATUTE
16-547.

Mail affidavit; form

A. The early ballot shall be accompanied by an
envelope bearing on the front the name, official title and post office address
of the recorder or other officer in charge of elections and on the other side a
printed affidavit in substantially the following form:

I declare the following under penalty of
perjury: I am a registered voter in ___________ county Arizona, I
have not voted and will not vote in this election in any other county or state,
I understand that knowingly voting more than once in any election is a class 5
felony and I voted the enclosed ballot and signed this
mail
affidavit
personally unless noted below.

If the voter was assisted by another person in marking the
ballot, complete the following:

I declare the following under penalty of
perjury: At the registered voter's request I assisted the voter
identified in this
mail
affidavit with marking the
voter's ballot, I marked the ballot as directly instructed by the voter, I
provided the assistance because the voter was physically unable to mark the
ballot solely due to illness, injury or physical limitation and I understand
that there is no power of attorney for voting and that the voter must be able
to make the voter's selection even if the voter cannot physically mark the
ballot.

Name of voter assistant: _____________________________

Address of voter assistant: __________________________

B. The face of each envelope in which a ballot is
sent to a federal postcard applicant or in which a ballot is returned by the
applicant to the recorder or other officer in charge of elections shall be in
the form prescribed in accordance with the uniformed and overseas citizens
absentee voting act (P.L. 99-410; 52 United States Code section 20301).�
Otherwise, the envelopes shall be the same as those used to send ballots to, or
receive ballots from, other early voters.

C. The officer charged by law with the duty of
preparing ballots at any election shall ensure that the early ballot is sent in
an envelope that states substantially the following:

If the addressee does not reside at
this address, mark the unopened envelope "return to sender" and
deposit it in the United States mail.

D. The county recorder or other officer in charge of
elections shall supply printed instructions to early voters that direct them to
sign the
mail
affidavit, mark the ballot and return both
in the enclosed self-addressed envelope that complies with section 16-545,
and:

1. Through 2025, the instructions shall include the
following statement:

In order to be valid and counted, the ballot and mail
affidavit must be delivered to the office of the county recorder or other
officer in charge of elections or may be deposited at any polling place in the
county not later than 7:00 p.m. on election day. The ballot will not
be counted without the voter's signature on the envelope.

(WARNING � It is a felony to offer or receive any
compensation for a ballot.)

2. Beginning in 2026, the instructions shall include
the following statement:

In order to be valid and counted, the mail affidavit that
contains the mail ballot must have the voter's signature on the envelope and
must be returned to the office of the county recorder by any one of the
following methods:

(a) Delivering it to the office of the county
recorder or other officer in charge of elections not later than 7:00 p.m.
on election day.

(b) Depositing it at any polling place in the
county not later than 7:00 p.m. on election day.

(c) Bringing the ballot to any polling place in
the county not later than 7:00 p.m. on election day and choosing to present
valid identification that complies with section 16-579, subsection A,
paragraph 1, Arizona Revised Statutes.

(WARNING � It is a felony to offer or receive any
compensation for a ballot.)

E. The printed instructions prescribed
by subsection D of this section shall also include the following information
regarding section 16-1005, subsections H and I in substantially the
following form:

A person may only handle or return their own
ballot or the ballot of family members, household members or persons for whom
they are a caregiver. It is unlawful under section 16-1005 to handle or
return the ballot of any other person.

END_STATUTE

Sec. 3. Section 16-1005, Arizona Revised
Statutes, is amended to read:

START_STATUTE
16-1005.

Ballot abuse; violation; classification; definitions

A.
Any
A

person who knowingly marks a voted or unvoted ballot or ballot envelope with
the intent to fix an election for that person's own benefit or for that of
another person is guilty of a class 5 felony.

B. It is unlawful to offer or provide any
consideration to acquire a voted or unvoted early ballot. A person
who violates this subsection is guilty of a class 5 felony.

C. It is unlawful to receive or agree to receive any
consideration in exchange for a voted or unvoted ballot. A person
who violates this subsection is guilty of a class 5 felony.

D. It is unlawful to possess a voted or unvoted
ballot with the intent to sell the voted or unvoted ballot of another person.�
A person who violates this subsection is guilty of a class 5 felony.

E. A person or entity that knowingly solicits the
collection of voted or unvoted ballots by misrepresenting itself as an election
official or as an official ballot repository or is found to be serving as a
ballot drop off site, other than those established and staffed by election
officials, is guilty of a class 5 felony.

F. A person who knowingly collects voted or unvoted
ballots and who does not turn those ballots in to an election official, the
United States postal service or any other entity
permitted
allowed
by law to transmit post is guilty of a class 5 felony.

G. A person who engages or participates in a pattern
of ballot fraud is guilty of a class 4 felony.� For the purposes of this
subsection, "pattern of ballot fraud" means the person has offered or
provided any consideration to three or more persons to acquire the voted or
unvoted ballot of a person.

H. A person who knowingly collects
voted
or
unvoted early ballots from another person is guilty of a class 6
felony.� An election official, a United States postal service worker or any
other person who is allowed by law to transmit United States mail is deemed not
to have collected an early ballot if the official, worker or other person is
engaged in official duties.
A voter may give the
voter's voted early ballot to another person to DELIVER to a polling place, a
BALLOT drop BOX, an election official, the United States postal service or any
other entity allowed by law to TRANSMIT post.

I.
The prohibition on collecting
unvoted early ballots in
subsection H of this section does not apply to:

1. An election held by a special taxing district
that is
formed pursuant to title 48 for the purpose of
protecting or providing services to agricultural lands or crops and that is
authorized to conduct elections pursuant to title 48.

2. A family member, household member or caregiver of
the voter.

J.
For the purposes of this
paragraph
section
:

(a)

1.
"Caregiver"
means a person who provides medical or health care assistance to the voter in a
residence, nursing care institution, hospice facility, assisted living center,
assisted living facility, assisted living home, residential care institution,
adult day health care facility or adult foster care home.

(b)

2.
"Collects"
means to gain possession or control of an early ballot.

(c)

3.
"Family
member" means a person who is related to the voter by blood, marriage,
adoption or legal guardianship.

(d)

4.
"Household
member" means a person who resides at the same residence as the voter.
END_STATUTE