election officers; privacy protections

HB2630 - 572R - I Ver

REFERENCE TITLE:
election officers; privacy protections

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2630

Introduced by

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

AN
ACT

amending sections 11-483, 11-484, 13-2401
and 16-153, Arizona Revised Statutes; amending title 16, chapter 7, article 1,
Arizona Revised Statutes, by adding section 16-1025; amending sections 28-454,
39-123 and 39-124, Arizona Revised Statutes; relating to election
officers.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 11-483, Arizona Revised
Statutes, is amended to read:

START_STATUTE
11-483.

Records maintained by county recorder; confidentiality;
definitions

A. Notwithstanding any other provision of this
article, in any county an eligible person may request that the general public
be prohibited from accessing the unique identifier and the recording date
contained in indexes of recorded instruments maintained by the county recorder
and may request the county recorder to prohibit access to that person's
identifying information, including any of the following:

1. That person's documents, instruments or writings
recorded by the county recorder.

2. If the person is a public official, the address
of a property held in trust by the public official.

B. An eligible person may request this action by
filing an affidavit that states all of the following on an application form
developed by the administrative office of the courts in agreement with an
association of counties, an organization of peace officers and the motor
vehicle division of the department of transportation:

1. The person's full legal name and residential
address.

2. The full legal description and parcel number of
the person's property.

3. Unless the person is the spouse of a peace
officer or the spouse or minor child of a deceased peace officer or the person
is a former public official or former judge, the position the person currently
holds and a description of the person's duties, except that an eligible person
who is protected under an order of protection or injunction against harassment
shall instead attach a copy of the order of protection or injunction against
harassment or an eligible person who is a participant in the address confidentiality
program shall instead attach a copy of the participant's current and valid
address confidentiality program authorization card issued pursuant to section
41-163 and a statement of certification provided by the secretary of
state's office.

4. The reasons the person reasonably believes that
the person's life or safety or that of another person is in danger and that
restricting access pursuant to this section will serve to reduce the danger.

5. The document locator number and recording date of
each instrument for which the person requests access restriction pursuant to
this section.

6. A copy of pages from each instrument that
includes the document locator number and the person's identifying information,
including the person's full legal name and residential address or full legal
name and telephone number.

C. If an eligible person is also requesting pursuant
to section 11-484 that the general public be prohibited from accessing
records maintained by the county assessor and county treasurer, the eligible
person may combine the request pursuant to subsection B of this section with
the request pursuant to section 11-484 by filing one
affidavit. The affidavit and subsequent action by the appropriate
authorities shall meet all of the requirements of this section and section 11-484.

D. The affidavit shall be filed with the presiding
judge of the superior court in the county in which the affiant
resides. To prevent multiple filings, an eligible person who is a
peace officer, spouse of a peace officer, spouse or minor child of a deceased
peace officer, public defender, prosecutor, code enforcement officer,
corrections or detention officer, corrections support staff member or law
enforcement support staff member shall deliver the affidavit to the peace
officer's commanding officer, or to the head of the prosecuting, public
defender, code enforcement, law enforcement, corrections or detention agency,
as applicable, or that person's designee, who shall file the affidavits at one
time.� In the absence of an affidavit that contains a request for immediate
action and that is supported by facts justifying an earlier presentation, the
commanding officer, or the head of the prosecuting, public defender, code
enforcement, law enforcement, corrections or detention agency, as applicable,
or that person's designee, shall not file affidavits more often than quarterly.

E. On receipt of an affidavit or affidavits, the
presiding judge of the superior court shall file with the clerk of the superior
court a petition on behalf of all requesting affiants. Each
affidavit presented shall be attached to the petition. In the
absence of an affidavit that contains a request for immediate action and that
is supported by facts justifying an earlier consideration, the presiding judge
may accumulate affidavits and file a petition at the end of each quarter.

F. The presiding judge of the superior court shall
review the petition and each attached affidavit to determine whether the action
requested by each affiant should be granted. If the presiding judge
of the superior court concludes that the action requested by the affiant will
reduce a danger to the life or safety of the affiant or another person, the
presiding judge of the superior court shall order that the county recorder
prohibit access for five years to the affiant's identifying information,
including any of that person's documents, instruments or writings recorded by
the county recorder and made available on the internet.� If the presiding judge
of the superior court concludes that the affiant or another person is in actual
danger of physical harm from a person or persons with whom the affiant has had
official dealings and that action pursuant to this section will reduce a danger
to the life or safety of the affiant or another person, the presiding judge of
the superior court shall order that the general public be prohibited for five
years from accessing the unique identifier and the recording date contained in
indexes of recorded instruments maintained by the county recorder and
identified pursuant to subsection B of this section.

G. On motion to the court, if the presiding judge of
the superior court concludes that an instrument or writing recorded by the
county recorder has been redacted or sealed in error, that the original affiant
no longer lives at the address listed in the original affidavit, that the cause
for the original affidavit no longer exists or that temporary access to the
instrument or writing is needed, the presiding judge may temporarily stay or
permanently vacate all or part of the court order prohibiting public access to
the recorded instrument or writing.

H. On entry of the court order, the clerk of the
superior court shall file the court order and a copy of the affidavit required
by subsection B of this section with the county recorder.� Not more than ten
days after the date on which the county recorder receives the court order, the
county recorder shall restrict access to the information as required by
subsection F of this section.

I. If the court denies an affiant's request pursuant
to this section, the affiant may request a court hearing. The
hearing shall be conducted by the court in the county where the petition was
filed.

J. The county recorder shall remove the restrictions
on all records restricted pursuant to this section by January 5 in the year
after the court order expires.� The county recorder shall send by mail one
notice to either the health professional, election officer, public official,
former public official, peace officer, spouse of a peace officer, spouse or
minor child of a deceased peace officer, public defender, prosecutor, code
enforcement officer, corrections or detention officer, corrections support staff
member, law enforcement support staff member, employee of the department of
child safety or employee of adult protective services who has direct contact
with families in the course of employment or the employing agency of the peace
officer, public defender, prosecutor, code enforcement officer, corrections or
detention officer, corrections support staff member, law enforcement support
staff member or employee of adult protective services who was granted an order
pursuant to this section of the order's expiration date at least six months
before the expiration date.� If the notice is sent to the employing agency, the
employing agency shall immediately notify the person who was granted the order
of the upcoming expiration date.� The county recorder may coordinate with the
county assessor and county treasurer to prevent multiple notices from being
sent to the same person.

K. To include subsequent recordings in the court
order, the eligible person shall present to the county recorder at the time of
recordation a certified copy of the court order or shall provide to the county
recorder the recording number of the court order. The county
recorder shall ensure that public access is restricted pursuant to subsection A
of this section.

L. This section does not restrict access to public
records for the purposes of perfecting a lien pursuant to title 12, chapter 9,
article 2.

M. This section does not prohibit access to the
records of the county recorder by parties to the instrument, a law enforcement
officer performing the officer's official duties pursuant to subsection N of
this section, a title insurer, a title insurance agent or an escrow agent
licensed by the department of insurance and financial institutions.

N. A law enforcement officer is deemed to be
performing the officer's official duties if the officer provides a subpoena,
court order or search warrant for the records.

O. For the purposes of this section:

1. "Code enforcement officer" means a
person who is employed by a state or local government and whose duties include
performing field inspections of buildings, structures or property to ensure
compliance with and enforce national, state and local laws, ordinances and
codes.

2. "Commissioner" means a commissioner of
the superior court or municipal court.

3. "Corrections support staff member"
means an adult or juvenile corrections employee who has direct contact with
inmates.

4. "Election officer" means
a
state, county or municipal employee who holds an election officer's certificate
issued pursuant to section 16-407
an individual,
including an election board member, who is assigned by this state or a
political subdivision of this state to perform official duties related to
elections
.

5. "Eligible person" means a health
professional, election officer, public official, former public official, peace
officer, spouse of a peace officer, spouse or minor child of a deceased peace
officer, justice, judge, commissioner, hearing officer, public defender,
prosecutor, code enforcement officer, adult or juvenile corrections officer,
corrections support staff member, probation officer, member of the commission
on appellate court appointments, member of the board of executive clemency, law
enforcement support staff member, employee of the department of child safety or
employee of adult protective services who has direct contact with families in
the course of employment, national guard member who is acting in support of a
law enforcement agency, person who is protected under an order of protection or
injunction against harassment, person who is a participant in the address
confidentiality program pursuant to title 41, chapter 1, article 3 or
firefighter who is assigned to the Arizona counter terrorism information center
in the department of public safety.

6. "Former public official" means a person
who was duly elected or appointed to Congress, the legislature or a statewide
office, who ceased serving in that capacity and who was the victim of a
dangerous offense as defined in section 13-105 while in office.

7. "Health
professional" means an individual who is licensed pursuant to title 32,
chapter 13, 15, 17, 19.1, 25 or 33.

8. "Hearing officer" means a hearing
officer who is appointed pursuant to section 28-1553.

9. "Indexes" means only those indexes that
are maintained by and located in the office of the county recorder, that are
accessed electronically and that contain information beginning from and after
January 1, 1987.

10. "Judge" means a judge or former judge
of the United States district court, the United States court of appeals, the
United States magistrate court, the United States bankruptcy court, the United
States immigration court, the Arizona court of appeals, the superior court or a
municipal court.

11. "Justice" means a justice of the
United States or Arizona supreme court or a justice of the peace.

12. "Law enforcement support staff member"
means a person who serves in the role of an investigator or prosecutorial
assistant in an agency that investigates or prosecutes crimes, who is integral
to the investigation or prosecution of crimes and whose name or identity will
be revealed in the course of public proceedings.

13. "Peace officer":

(a) Means any person vested by law, or formerly
vested by law, with a duty to maintain public order and make arrests.

(b) Includes a federal law enforcement officer or
agent who resides in this state and who has the power to make arrests pursuant
to federal law.

14. "Prosecutor" means a current or former
county attorney, municipal prosecutor, attorney general or United States
attorney and includes a current or former assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.

15. "Public defender" means a federal
public defender, county public defender, county legal defender or county
contract indigent defense counsel and includes an assistant or deputy federal
public defender, county public defender or county legal defender.

16. "Public
official" means a person who is duly elected or appointed to Congress, the
legislature, a statewide office or a county, city or town office.

END_STATUTE

Sec. 2. Section 11-484, Arizona Revised
Statutes, is amended to read:

START_STATUTE
11-484.

Records maintained by county assessor and county treasurer;
redaction; definitions

A. Notwithstanding any other provision of this
article, in any county an eligible person may request that the general public
be prohibited from accessing that person's identifying information, including
any of the following:

1. That person's documents, instruments, writings
and information maintained by the county assessor and the county treasurer.

2. If the person is a public official, the address
of a property held in trust by the public official.

B. An eligible person may request this action by
filing an affidavit that states all of the following on an application form
developed by the administrative office of the courts in agreement with an
association of counties, an organization of peace officers and the motor
vehicle division of the department of transportation:

1. The person's full legal name and residential
address.

2. The full legal description and parcel number of
the person's property.

3. Unless the person is the spouse of a peace
officer or the spouse or minor child of a deceased peace officer or the person
is a former public official or former judge, the position the person currently
holds and a description of the person's duties, except that an eligible person
who is protected under an order of protection or injunction against harassment
shall attach a copy of the order of protection or injunction against harassment
or an eligible person who is a participant in the address confidentiality
program shall instead attach a copy of the participant's current and valid
address confidentiality program authorization card issued pursuant to section
41-163 and a statement of certification provided by the secretary of
state's office.

4. The reasons the person reasonably believes that
the person's life or safety or that of another person is in danger and that
redacting the person's identifying information, including the residential
address and telephone number, will serve to reduce the danger.

C. If an eligible person is also requesting pursuant
to section 11-483 that the general public be prohibited from accessing
records maintained by the county recorder, the eligible person may combine the
request pursuant to subsection B of this section with the request pursuant to
section 11-483 by filing one affidavit.� The affidavit and subsequent
action by the appropriate authorities shall meet all of the requirements of
this section and section 11-483.

D. The affidavit shall be filed with the presiding
judge of the superior court in the county in which the affiant
resides. To prevent multiple filings, an eligible person who is a
peace officer, spouse of a peace officer, spouse or minor child of a deceased
peace officer, public defender, prosecutor, code enforcement officer,
corrections or detention officer, corrections support staff member or law
enforcement support staff member shall deliver the affidavit to the peace
officer's commanding officer, or to the head of the prosecuting, public
defender, code enforcement, law enforcement, corrections or detention agency,
as applicable, or that person's designee, who shall file the affidavits at one
time.� In the absence of an affidavit that contains a request for immediate
action and that is supported by facts justifying an earlier presentation, the
commanding officer, or the head of the prosecuting, public defender, code
enforcement, law enforcement, corrections or detention agency, as applicable,
or that person's designee, shall not file affidavits more often than quarterly.

E. On receipt of an affidavit or affidavits, the
presiding judge of the superior court shall file with the clerk of the superior
court a petition on behalf of all requesting affiants. Each
affidavit presented shall be attached to the petition. In the
absence of an affidavit that contains a request for immediate action and that
is supported by facts justifying an earlier consideration, the presiding judge
may accumulate affidavits and file a petition at the end of each quarter.

F. The presiding judge of the superior court shall
review the petition and each attached affidavit to determine whether the action
requested by each affiant should be granted. If the presiding judge
of the superior court concludes that the action requested by the affiant will
reduce a danger to the life or safety of the affiant or another person, the
presiding judge of the superior court shall order the redaction of the
affiant's identifying information, including any of that person's documents,
instruments, writings and information maintained by the county assessor and the
county treasurer. The redaction shall be in effect for five years.

G. On motion to the court, if the presiding judge of
the superior court concludes that an instrument or writing maintained by the
county assessor or the county treasurer has been redacted or sealed in error,
that the original affiant no longer lives at the address listed in the original
affidavit, that the cause for the original affidavit no longer exists or that
temporary access to the instrument or writing is needed, the presiding judge
may temporarily stay or permanently vacate all or part of the court order
prohibiting public access to the instrument or writing.

H. On entry of the court order, the clerk of the
superior court shall file the court order and a copy of the affidavit required
by subsection B of this section with the county assessor and the county
treasurer.� Not more than ten days after the date on which the county assessor
and the county treasurer receive the court order, the county assessor and the
county treasurer shall restrict access to the information as required by
subsection F of this section.

I. If the court denies an affiant's request pursuant
to this section, the affiant may request a court hearing. The
hearing shall be conducted by the court in the county where the petition was
filed.

J. The county assessor and the county treasurer
shall remove the restrictions on all records that are redacted pursuant to this
section by
January 5 in the year after the court
order expires.� The county assessor
or the county treasurer shall send
by mail one notice to either the health professional, election officer,
public official, former public official, peace officer, spouse of a peace
officer, spouse or minor child of a deceased peace officer, public defender,
prosecutor, code enforcement officer, corrections or detention officer,
corrections support staff member, law enforcement support staff member,
employee of the department of child safety or employee of adult protective
services who has direct contact with families in the course of employment or
the employing agency of the peace officer, public defender, prosecutor, code
enforcement officer, corrections or detention officer, corrections support
staff member, law enforcement support staff member or employee of adult
protective services who was granted an order pursuant to this section of the
order's expiration date at least six months before the expiration date.� If the
notice is sent to the employing agency, the employing agency shall immediately
notify the person who was granted the order of the upcoming expiration date.�
The county assessor or county treasurer may coordinate with the county recorder
to prevent multiple notices from being sent to the same person.

K. For the purposes of this section:

1. "Code enforcement officer" means a
person who is employed by a state or local government and whose duties include
performing field inspections of buildings, structures or property to ensure
compliance with and enforce national, state and local laws, ordinances and
codes.

2. "Commissioner" means a commissioner of
the superior court or municipal court.

3. "Corrections support staff member"
means an adult or juvenile corrections employee who has direct contact with
inmates.

4. "Election officer" means
a
state, county or municipal employee who holds an election officer's certificate
issued pursuant to section 16-407

an individual,
including an election board member, who is assigned by this state or a
political subdivision of this state to perform official duties related to
elections
.

5. "Eligible person" means a health
professional, election officer, public official, former public official, peace
officer, spouse of a peace officer, spouse or minor child of a deceased peace
officer, justice, judge, commissioner, hearing officer, public defender,
prosecutor, code enforcement officer, adult or juvenile corrections officer,
corrections support staff member, probation officer, member of the commission
on appellate court appointments, member of the board of executive clemency, law
enforcement support staff member, employee of the department of child safety or
employee of adult protective services who has direct contact with families in
the course of employment, national guard member who is acting in support of a
law enforcement agency, person who is protected under an order of protection or
injunction against harassment, person who is a participant in the address
confidentiality program pursuant to title 41, chapter 1, article 3, or
firefighter who is assigned to the Arizona counter terrorism information center
in the department of public safety.

6. "Former public official" means a person
who was duly elected or appointed to Congress, the legislature or a statewide
office, who ceased serving in that capacity and who was the victim of a
dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an
individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25
or 33.

8. "Hearing officer" means a hearing
officer who is appointed pursuant to section 28-1553.

9. "Judge" means a judge or former judge
of the United States district court, the United States court of appeals, the
United States magistrate court, the United States bankruptcy court, the United
States immigration court, the Arizona court of appeals, the superior court or a
municipal court.

10. "Justice" means a justice of the
United States or Arizona supreme court or a justice of the peace.

11. "Law enforcement support staff member"
means a person who serves in the role of an investigator or prosecutorial
assistant in an agency that investigates or prosecutes crimes, who is integral
to the investigation or prosecution of crimes and whose name or identity will
be revealed in the course of public proceedings.

12. "Peace officer":

(a) Means any person vested by law, or formerly
vested by law, with a duty to maintain public order and make arrests.

(b) Includes a federal law enforcement officer or
agent who resides in this state and who has the power to make arrests pursuant
to federal law.

13. "Prosecutor" means a current or former
county attorney, municipal prosecutor, attorney general or United States
attorney and includes a current or former assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.

14. "Public defender" means a federal
public defender, county public defender, county legal defender or county
contract indigent defense counsel and includes an assistant or deputy federal
public defender, county public defender or county legal defender.

15. "Public official" means a person who
is duly elected or appointed to Congress, the legislature, a statewide office
or a county, city or town office.
END_STATUTE

Sec. 3. Section 13-2401, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-2401.

Personal information on the internet; exception; classification;
definitions

A. It is unlawful for a person to knowingly make
available on the internet the personal information of a health professional,
election officer, public official, peace officer, justice, judge, commissioner,
hearing officer, public defender, member of the commission on appellate court
appointments, employee of the department of child safety or employee of adult
protective services who has direct contact with families in the course of
employment or prosecutor if the dissemination of the personal� information poses
an imminent and serious threat to the
�health
professional's, election officer's, public official's, peace officer's,
justice's, judge's, commissioner's, hearing officer's, public defender's,
member's, department of child safety employee's, adult protective services
employee's or prosecutor's safety or the safety of that person's immediate
family and the threat is reasonably apparent to the person making the
information available on the internet to be serious and imminent.� For the
purposes of this subsection, "personal information" includes the
address of a property held in trust by a public official.

B. It is not a violation of this section if an
employee of a county recorder, county treasurer or county assessor publishes
personal information, in good faith, on the website of the county recorder,
county treasurer or county assessor in the ordinary course of carrying out
public functions.

C. A violation of subsection A of this section is a
class 5 felony.

D. For the purposes of this section:

1. "Commissioner" means a commissioner of
the superior court or municipal court.

2. "Election officer" means
a
state, county or municipal employee who holds an election officer's certificate
issued pursuant to section 16-407

an individual,
including an election board member, who is assigned by this state or a
political subdivision of this state to perform official duties related to
elections
.

3. "Health professional" means an
individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25
or 33.

4. "Hearing officer" means a hearing
officer who is appointed pursuant to section 28-1553.

5. "Immediate family" means a health
professional's, peace officer's, justice's, judge's, commissioner's, public
defender's or prosecutor's spouse, child or parent and any other adult who
lives in the same residence as the person.

6. "Judge" means a judge of the United
States district court, the United States court of appeals, the United States
magistrate court, the United States bankruptcy court, the Arizona court of
appeals, the superior court or a municipal court.

7. "Justice" means a justice of the United
States or Arizona supreme court or a justice of the peace.

8. "Personal information" means a health
professional's, election officer's, public official's, peace officer's,
justice's, judge's, commissioner's, hearing officer's, public defender's,
commission on appellate court appointments member's or prosecutor's home
address, home telephone number, pager number or personal photograph, directions
to the person's home or photographs of the person's home or vehicle.

9. "Prosecutor" means a current or former
county attorney, municipal prosecutor, attorney general or United States
attorney and includes a current or former assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.

10. "Public defender" means a federal
public defender, county public defender, county legal defender or county
contract indigent defense counsel and includes an assistant or deputy federal
public defender, county public defender or county legal defender.

11. "Public official" means a person who
is duly elected or appointed to Congress, the legislature, a statewide office
or a county, city or town office.
END_STATUTE

Sec. 4. Section 16-153, Arizona Revised
Statutes, is amended to read:

START_STATUTE
16-153.

Voter registration; confidentiality; definitions

A. Eligible persons, and any other registered voter
who resides at the same residence address as the eligible person, may request
that the general public be prohibited from accessing the eligible person's
identifying information, including any of the following:

1. That person's documents and voting precinct
number contained in that person's voter registration record.

2. If the person is a public official, the address
of a property held in trust by the public official.

B. Eligible persons may request this action by
filing an affidavit that states all of the following on an application form
developed by the administrative office of the courts in agreement with an
association of counties and an organization of peace officers:

1. The person's full legal name, residential address
and date of birth.

2. Unless the person is the spouse of a peace
officer or the spouse or minor child of a deceased peace officer or the person
is a former public official or former judge, the position the person currently
holds and a description of the person's duties, except that an eligible person
who is protected under an order of protection or injunction against harassment
shall instead attach a copy of the order of protection or injunction against
harassment.

3. The reasons for reasonably believing that the
person's life or safety or that of another person is in danger and that sealing
the identifying information and voting precinct number of the person's voting
record will serve to reduce the danger.

C. The affidavit shall be filed with the presiding
judge of the superior court in the county in which the affiant
resides. To prevent multiple filings, an eligible person who is a
peace officer, prosecutor, public defender, code enforcement officer,
corrections or detention officer, corrections support staff member or law
enforcement support staff member shall deliver the affidavit to the peace
officer's commanding officer, or to the head of the prosecuting, public
defender, code enforcement, law enforcement, corrections or detention agency,
as applicable, or that person's designee, who shall file the affidavits at one
time. In the absence of an affidavit that contains a request for
immediate action and is supported by facts justifying an earlier presentation,
the commanding officer, or the head of the prosecuting, public defender, code
enforcement, law enforcement, corrections or detention agency, as applicable,
or that person's designee, shall not file affidavits more often than quarterly.

D. On receipt of an affidavit or affidavits, the
presiding judge of the superior court shall file with the clerk of the superior
court a petition on behalf of all requesting affiants.� The petition shall have
attached each affidavit presented.� In the absence of an affidavit that
contains a request for immediate action and that is supported by facts
justifying an earlier consideration, the presiding judge may accumulate
affidavits and file a petition at the end of each quarter.

E. The presiding judge of the superior court shall
review the petition and each attached affidavit to determine whether the action
requested by each affiant should be granted.� The presiding judge of the
superior court shall order the sealing for five years of the information
contained in the voter record of the affiant and, on request, any other
registered voter who resides at the same residence address if the presiding
judge concludes that this action will reduce a danger to the life or safety of
the affiant.

F. The recorder shall
remove the restrictions on all voter records submitted pursuant to subsection E
of this section by January 5 in the year after the court order
expires. The county recorder shall send by mail one notice to either
the health professional, election officer, public official,

former
public official, peace officer, spouse of a peace officer, spouse or minor
child of a deceased peace officer, public defender, prosecutor, code
enforcement officer, corrections or detention officer, corrections support
staff member, law enforcement support staff member, employee of the department
of child safety or employee of adult protective services who has direct contact
with families in the course of employment or the employing agency of the peace
officer, public defender, prosecutor, code enforcement officer, corrections or
detention officer, corrections support staff member or law enforcement support
staff member who was granted an order pursuant to this section of the order's
expiration date at least six months before the January 5 removal
date. If the notice is sent to the employing agency, the employing
agency shall immediately notify the person who was granted the order of the
upcoming expiration date. The county recorder may coordinate with
the county assessor and county treasurer to prevent multiple notices from being
sent to the same person.

G. On entry of the court order, the clerk of the
superior court shall file the court order with the county
recorder. On receipt of the court order the county recorder shall
seal the voter registration of the persons listed in the court order not later
than one hundred twenty days from the date of receipt of the court
order. To include a subsequent voter registration in the court
order, a person listed in the court order shall present to the county recorder
at the time of registration a certified copy of the court order or shall
provide the county recorder the recording number of the court
order. The information in the registration shall not be disclosed
and is not a public record.

H. If the court denies an affiant's requested
sealing of the voter registration record, the affiant may request a court
hearing. The hearing shall be conducted by the court where the
petition was filed.

I. On motion to the court, if the presiding judge of
the superior court concludes that a voter registration record has been sealed
in error or that the cause for the original affidavit no longer exists, the
presiding judge may vacate the court order prohibiting public access to the
voter registration record.

J. On request by a person who is protected under an
order of protection or injunction against harassment and presentation of an
order of protection issued pursuant to section 13-3602, an injunction
against harassment issued pursuant to section 12-1809 or an order of
protection or injunction against harassment issued by a court in another state
or a program participant in the address confidentiality program pursuant to
title 41, chapter 1, article 3, the county recorder shall seal the voter registration
record of the person who is protected and, on request, any other registered
voter who resides at the residence address of the protected
person. The record shall be sealed not later than one hundred twenty
days from the date of receipt of the court order.� The information in the
registration shall not be disclosed and is not a public record.

K. For the purposes of this section:

1. "Code enforcement officer" means a
person who is employed by a state or local government and whose duties include
performing field inspections of buildings, structures or property to ensure
compliance with and enforce national, state and local laws, ordinances and
codes.

2. "Commissioner" means a commissioner of
the superior court or municipal court.

3. "Corrections support staff member"
means an adult or juvenile corrections employee who has direct contact with
inmates.

4. "Election officer" means
a
state, county or municipal employee who holds an election officer's certificate
issued pursuant to section 16-407

an individual,
including an election board member, who is assigned by this state or a
political subdivision of this state to perform official duties related to
elections
.

5. "Eligible person" means a health
professional, election officer, public official, former public official, peace
officer, spouse of a peace officer, spouse or minor child of a deceased peace
officer, justice, judge, commissioner, hearing officer, public defender,
prosecutor, member of the commission on appellate court appointments, code
enforcement officer, adult or juvenile corrections officer, corrections support
staff member, probation officer, member of the board of executive clemency, law
enforcement support staff member, employee of the department of child safety or
employee of adult protective services who has direct contact with families in
the course of employment, national guard member who is acting in support of a
law enforcement agency, person who is protected under an order of protection or
injunction against harassment or firefighter who is assigned to the Arizona
counter terrorism information center in the department of public safety.

6. "Former public official" means a person
who was duly elected or appointed to Congress, the legislature or a statewide
office, who ceased serving in that capacity and who was the victim of a
dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an
individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25
or 33.

8. "Hearing officer" means a hearing
officer who is appointed pursuant to section 28-1553.

9. "Judge" means a judge or former judge
of the United States district court, the United States court of appeals, the
United States magistrate court, the United States bankruptcy court, the United
States immigration court, the Arizona court of appeals, the superior court or a
municipal court.

10. "Justice" means a justice of the
United States or Arizona supreme court or a justice of the peace.

11. "Law enforcement support staff member"
means a person who serves in the role of an investigator or prosecutorial
assistant in an agency that investigates or prosecutes crimes, who is integral
to the investigation or prosecution of crimes and whose name or identity will
be revealed in the course of public proceedings.

12. "Peace officer":

(a) Has the same meaning prescribed in section 1-215.

(b) Includes a federal law enforcement officer or
agent who resides in this state and who has the power to make arrests pursuant
to federal law.

13. "Prosecutor" means a current or former
United States attorney, county attorney, municipal prosecutor or attorney
general and includes a current or former assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.

14. "Public defender" means a federal
public defender, county public defender, county legal defender or county
contract indigent defense counsel and includes an assistant or deputy federal
public defender, county public defender or county legal defender.

15. "Public official" means a person who
is duly elected or appointed to Congress, the legislature, a statewide office
or a county, city or town office.
END_STATUTE

Sec. 5. Title 16, chapter 7, article 1, Arizona
Revised Statutes, is amended by adding section 16-1025, to read:

START_STATUTE
16-1025.

Election officer; release of personal information; violation;
classification; definitions

A.
It is
unlawful for a person to knowingly and without the election officer's consent
make the personal information of the election officer or the election officer's
family or household member publicly available if both:

1. The
dissemination poses an imminent and serious threat to the safety of the
election officer or an election officer's family or household member.

2. The
person making the information publicly available knows or reasonably should
know of any imminent and serious threat.

B. A
person who violates this section is guilty of a class 1 misdemeanor.

C. For
the purposes of this section:

1. "Election
officer" means an individual, including an election board member, who is
assigned by this state or a political subdivision of this state to perform
official duties related to elections.

2. "Personal information"
means a person's home address, home telephone number, pager number or personal
photograph, directions to the person's home or photographs of the person's home
or vehicle.
END_STATUTE

Sec. 6. Section 28-454, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-454.

Records maintained by department of transportation; redaction;
definitions

A. Notwithstanding
sections 28-447 and 28-455, an eligible person may request that
persons be prohibited from accessing the eligible person's
identifying
information, including any of the following:

1. That person's
documents, contained in any record maintained by the department.

2. If the person is a
public official, the address of a property held in trust by the public
official.

B. An
eligible person may request this action by filing an affidavit that states all
of the following on an application form developed by the administrative office
of the courts in agreement with an association of counties, an organization of peace
officers and the department:

1. The
person's full legal name and residential address.

2. Unless
the person is the spouse of a peace officer or the spouse or minor child of a
deceased peace officer or the person is a former public official or former
judge, the position the person currently holds and a description of the
person's duties, except that an eligible person who is protected under an order
of protection or injunction against harassment shall attach a copy of the order
of protection or injunction against harassment.

3. The
reasons the person reasonably believes that the person's life or safety or that
of another person is in danger and that redacting the
identifying
information
from the department's public records will
serve to reduce the danger.

C. The
affidavit shall be filed with the presiding judge of the superior court in the
county in which the affiant resides. To prevent multiple filings, an
eligible person who is a peace officer, spouse of a peace officer, spouse or minor
child of a deceased peace officer, prosecutor, code enforcement officer,
corrections or detention officer, corrections support staff member or law
enforcement support staff member shall deliver the affidavit to the peace
officer's commanding officer, or to the head of the prosecuting, code
enforcement, law enforcement, corrections or detention agency, as applicable,
or that person's designee, who shall file the affidavits at one
time. In the absence of an affidavit that contains a request for
immediate action and that is supported by facts justifying an earlier
presentation, the commanding officer, or the head of the prosecuting, code
enforcement, law enforcement, corrections or detention agency, as applicable,
or that person's designee, shall not file affidavits more often than quarterly.

D. On
receipt of an affidavit or affidavits, the presiding judge of the superior
court shall file with the clerk of the superior court a petition on behalf of
all requesting affiants. Each affidavit presented shall be attached
to the petition. In the absence of an affidavit that contains a
request for immediate action and that is supported by facts justifying an
earlier consideration, the presiding judge may accumulate affidavits and file a
petition at the end of each quarter.

E. The
presiding judge of the superior court shall review the petition and each
attached affidavit to determine whether the action requested by each affiant
should be granted.� The presiding judge of the superior court shall order the
redaction of the residence address and telephone number from the public records
maintained by the department if the judge concludes that this action will
reduce a danger to the life or safety of the affiant or another person.

F. On
entry of the court order, the clerk of the superior court shall file the court
order with the department.�
Not
more than one
hundred fifty days after the date the department receives the court order, the
department shall redact the
identifying information of the
affiants listed in the court order from the public records
of the department. The
identifying information shall not be
disclosed and is not part of a public rec
ord.

G. If
the court denies an affiant's request pursuant to this section, the affiant may
request a court hearing. The hearing shall be conducted by the court
in the county where the petition was filed.

H. On
motion to the court, if the presiding judge of the superior court concludes
that
identifying information has been sealed in error or that the cause for the
original affidavit no longer exists
, the presiding
judge may vacate the court order prohibiting public access to the
identifying
information.

I. Notwithstanding
sections 28-447 and 28-455, the department shall not release a
photograph of a peace officer if the peace officer has made a request as
prescribed in this section that persons be prohibited from accessing the peace
officer's
identifying information
in any record maintained by
the department.

J. This
section does not prohibit the use of a peace officer's photograph that is
either:

1. Used
by a law enforcement agency to assist a person who has a complaint against an
officer to identify the officer.

2. Obtained
from a source other than the department.

K. For
the purposes of this section:

1. "Code
enforcement officer" means a person who is employed by a state or local
government and whose duties include performing field inspections of buildings,
structures or property to ensure compliance with and enforce national, state
and local laws, ordinances and codes.

2. "Commissioner"
means a commissioner of the superior court or municipal court.

3.
"Corrections
support staff member" means an adult or juvenile corrections employee who
has direct contact with inmates.

4. "Election
officer" means
a state, county or municipal employee who
holds an election officer's certificate issued pursuant to section 16-407

an individual, including an election board member, who is
assigned by this state or a political subdivision of this state to perform
official duties related to elections
.

5. "Eligible
person" means a health professional, election officer, public official,
former public
official, peace officer, spouse of a
peace officer, spouse or minor child of a deceased
public
peace
officer, justice, judge or
former judge, commissioner,
hearing officer,
public
defender, prosecutor, code enforcement officer, adult or juvenile corrections
officer, corrections support staff member, probation officer,
member of
the commission on appellate court appointments,
member
of the board of executive clemency, law enforcement support staff member,
employee of the department of child
safety or employee of adult
protective services who
has direct contact with
families in the course of employment, national guard member who is acting in
support of a law enforcement agency, person who is protected under an order of
protection or injunction against harassment or firefighter who is assigned to
the
Arizona counter terrorism information center in the department of
public safety.

6. "Former public
official" means a person who was duly elected or appointed to Congress,
the legislature or a statewide office, who ceased serving in that capacity and
who was the victim of a dangerous offense as defined in section 13-105
while in office.

7. "Health professional" means an
individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25
or 33.

8. "Hearing officer" means a hearing
officer who is appointed pursuant to section 28-1553.

9. "Judge" means a judge or former judge
of the United States district court, the United States court of appeals, the
United States magistrate court, the United States bankruptcy court, the United
States immigration court, the Arizona court of appeals, the superior court or a
municipal court.

10. "Justice" means a justice of the
United States supreme court or the Arizona supreme court or a justice of the
peace.

11. "Law
enforcement support staff member" means a person who serves in the role of
an investigator or prosecutorial assistant in an agency that investigates or
prosecutes crimes, who is integral to the investigation or prosecution of
crimes and whose name or identity will be revealed in the course of public
proceedings.

12. "Peace
officer":

(a) Has the same meaning
prescribed in section 1-215.

(b) Includes a federal
law enforcement officer or agent who resides in this state and who has the
power to make arrests pursuant to federal law.

13.
"Prosecutor"
means a
current or former United States attorney,
county attorney, municipal prosecutor or attorney general
and includes
a current or former
assistant or
deputy
United States attorney,
county
attorney, municipal prosecutor or attorney general.

14. "Public
official" means a person who is duly elected or appointed to Congress, the
legislature, a statewide office or a county, city or town office.

END_STATUTE

Sec. 7. Section 39-123, Arizona Revised Statutes,
is amended to read:

START_STATUTE
39-123.

Information identifying eligible persons; confidentiality;
definitions

A.
Nothing in
This chapter
requires

does not require
disclosure from
a personnel file by a law enforcement agency or employing state or local
governmental entity of the home address or home telephone number of eligible
persons or the address of a property held in trust by a public official.

B. The agency or governmental entity may release the
information in subsection A of this section only if either:

1. The person consents in writing to the release.

2. The custodian of records of the agency or
governmental entity determines that release of the information does not create
a reasonable risk of physical injury to the person or the person's immediate
family or damage to the property of the person or the person's immediate
family.

C. A law enforcement agency may release a photograph
of a peace officer if either:

1. The peace officer has been arrested or has been
formally charged by complaint, information or indictment for a misdemeanor or a
felony offense.

2. The photograph is requested by a representative
of a newspaper for a specific newsworthy event unless:

(a) The peace officer is serving in an undercover
capacity or is scheduled to be serving in an undercover capacity within sixty
days.

(b) The release of the photograph is not in the best
interest of this state after taking into consideration the privacy,
confidentiality and safety of the peace officer.

(c) An order pursuant to section 28-454 is in
effect.

D. This section does not prohibit the use of a peace
officer's photograph that is either:

1. Used by a law enforcement agency to assist a
person who has a complaint against an officer to identify the officer.

2. Obtained from a source other than the law
enforcement agency.

E. This section does not apply to a certified peace
officer or code enforcement officer who is no longer employed as a peace
officer or code enforcement officer by a state or local government entity.

F. For the purposes of this section:

1. "Code enforcement officer" means a
person who is employed by a state or local government and whose duties include
performing field inspections of buildings, structures or property to ensure
compliance with and enforce national, state and local laws, ordinances and
codes.

2. "Commissioner" means a commissioner of
the superior court or municipal court.

3. "Corrections support staff member"
means an adult or juvenile corrections employee who has direct contact with
inmates.

4. "Election officer" means
a
state, county or municipal employee who holds an election officer's certificate
issued pursuant to section 16-407

an individual,
including an election board member, who is assigned by this state or a
political subdivision of this state to perform official duties related to
elections
.

5. "Eligible person" means a health
professional, election officer, public official, former public official, peace
officer, spouse of a peace officer, spouse or minor child of a deceased peace
officer, border patrol agent, justice, judge, commissioner, hearing officer,
public defender, prosecutor, code enforcement officer, adult or juvenile
corrections officer, corrections support staff member, probation officer,
member of the commission on appellate court appointments, member of the board
of executive clemency, law enforcement support staff member, employee of the
department of child safety or employee of adult protective services who has
direct contact with families in the course of employment, national guard member
who is acting in support of a law enforcement agency, person who is protected
under an order of protection or injunction against harassment, firefighter who
is assigned to the Arizona counter terrorism information center in the
department of public safety or victim of domestic violence or stalking who is
protected under an order of protection or injunction against harassment.

6. "Former public official" means a person
who was duly elected or appointed to Congress, the legislature or a statewide
office, who ceased serving in that capacity and who was the victim of a
dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an
individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25
or 33.

8. "Hearing officer" means a hearing
officer who is appointed pursuant to section 28-1553.

9. "Judge" means a judge or former judge
of the United States district court, the United States court of appeals, the
United States magistrate court, the United States bankruptcy court, the United
States immigration court, the Arizona court of appeals, the superior court or a
municipal court.

10. "Justice" means a justice of the
United States or Arizona supreme court or a justice of the peace.

11. "Law enforcement support staff member"
means a person who serves in the role of an investigator or prosecutorial
assistant in an agency that investigates or prosecutes crimes, who is integral
to the investigation or prosecution of crimes and whose name or identity will
be revealed in the course of public proceedings.

12. "Peace officer" has the same meaning
prescribed in section 13-105.

13. "Prosecutor" means a current or former
county attorney, municipal prosecutor, attorney general or United States
attorney and includes a current or former assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.

14. "Public defender" means a federal
public defender, county public defender, county legal defender or county
contract indigent defense counsel and includes an assistant or deputy federal
public defender, county public defender or county legal defender.

15. "Public
official" means a person who is duly elected or appointed to Congress, the
legislature, a statewide office or a county, city or town office.

END_STATUTE

Sec. 8. Section 39-124, Arizona Revised
Statutes, is amended to read:

START_STATUTE
39-124.

Releasing information identifying an eligible person; violations;
classification; definitions

A. Any person who is employed by a state or local
government entity and who, in violation of section 39-123, knowingly
releases the home address or home telephone number of an eligible person or the
address of a property held in trust by a public official with the intent to
hinder an investigation, cause physical injury to an eligible person or the
eligible person's immediate family or cause damage to the property of an
eligible person or the eligible person's immediate family is guilty of a class
6 felony.

B. Any person who is employed by a state or local
government entity and who, in violation of section 39-123, knowingly
releases a photograph of a peace officer with the intent to hinder an
investigation, cause physical injury to a peace officer or the peace officer's
immediate family or cause damage to the property of a peace officer or the
peace officer's immediate family is guilty of a class 6 felony.

C. For the purposes of this section:

1. "Code enforcement officer" means a
person who is employed by a state or local government and whose duties include
performing field inspections of buildings, structures or property to ensure
compliance with and enforce national, state and local laws, ordinances and
codes.

2. "Commissioner" means a commissioner of
the superior court or municipal court.

3. "Corrections support staff member"
means an adult or juvenile corrections employee who has direct contact with
inmates.

4. "Election officer" means
a
state, county or municipal employee who holds an election officer's certificate
issued pursuant to section 16-407
an individual,
including an election board member, who is assigned by this state or a
political subdivision of this state to perform official duties related to
elections
.

5. "Eligible person" means a health
professional, election officer, public official, former public official, peace
officer, spouse of a peace officer, spouse or minor child of a deceased peace
officer, border patrol agent, justice, judge, commissioner, hearing officer,
public defender, prosecutor, code enforcement officer, adult or juvenile
corrections officer, corrections support staff member, probation officer,
member of the board of executive clemency, law enforcement support staff
member, employee of the department of child safety or employee of adult
protective services who has direct contact with families in the course of
employment, national guard member who is acting in support of a law enforcement
agency, person who is protected under an order of protection or injunction
against harassment, firefighter who is assigned to the Arizona counter
terrorism information center in the department of public safety or victim of
domestic violence or stalking who is protected under an order of protection or
injunction against harassment.

6. "Former public official" means a person
who was duly elected or appointed to Congress, the legislature or a statewide
office, who ceased serving in that capacity and who was the victim of a
dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an
individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25
or 33.

8. "Hearing officer" means a hearing
officer who is appointed pursuant to section 28-1553.

9. "Judge" means a judge or former judge
of the United States district court, the United States court of appeals, the
United States magistrate court, the United States bankruptcy court, the United
States immigration court, the Arizona court of appeals, the superior court or a
municipal court.

10. "Justice" means a justice of the
United States or Arizona supreme court or a justice of the peace.

11. "Law enforcement support staff member"
means a person who serves in the role of an investigator or prosecutorial
assistant in an agency that investigates or prosecutes crimes, who is integral
to the investigation or prosecution of crimes and whose name or identity will
be revealed in the course of public proceedings.

12. "Peace officer" has the same meaning
prescribed in section 13-105.

13. "Prosecutor" means a current or former
county attorney, municipal prosecutor, attorney general or United States
attorney and includes a current or former assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.

14. "Public
defender" means a federal public defender, county public defender, county
legal defender or county contract indigent defense counsel and includes an
assistant or deputy federal public defender, county public defender or county
legal defender.

15. "Public
official" means a person who is duly elected or appointed to Congress, the
legislature, a statewide office or a county, city or town office.
END_STATUTE