Read the full stored bill text
SB1262 - 572R - I Ver
REFERENCE TITLE:
voting centers; early voting; security.
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1262
Introduced by
Senators
Sundareshan: Alston, Bravo, Diaz, Epstein, Fernandez, Gabald�n, Gonzales,
Hatathlie, Kuby, Miranda, Ortiz, Sears
AN
ACT
amending sections 16-166, 16-245 and
16-246, Arizona Revised Statutes; REPEALING section 16-407.01, Arizona Revised
Statutes; amending title 16, chapter 4, article 1, Arizona Revised Statutes, by
adding section 16-407.04; amending sections 16-411, 16-461, 16-510,
16-515, 16-542, 16-544, 16-550, 16-572, 16-1017 and 16-1018, Arizona
Revised Statutes; appropriating monies; relating to elections and electors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-166, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-166.
Verification of registration
A. Except for the mailing of sample ballots, a
county recorder who mails an item to any elector shall send the mailing by
nonforwardable first class mail marked with the statement required by the
postmaster to receive an address correction notification. If the
item is returned undelivered, the county recorder shall send a follow-up
notice to that elector within three weeks of receipt of the returned notice.�
The county recorder shall send the follow-up notice to the address that
appears in the general county register or to the forwarding address provided by
the United States postal service. The follow-up notice shall
include an appropriate internet address for revising voter registration
information or a registration form and the information prescribed by section 16-131,
subsection C and shall state that if the elector does not complete and return a
new registration form with current information to the county recorder or make
changes to the elector's voter registration information that is maintained
online within thirty-five days, the elector's registration status shall
be changed from active to inactive.
B. If the elector provides the county recorder with
a new registration form or otherwise revises the elector's information, the
county recorder shall change the general register to reflect the changes
indicated on the new registration. If the elector indicates a new
residence address outside that county, the county recorder shall forward the
voter registration form or revised information to the county recorder of the
county in which the elector's address is located.� If the elector provides a
new residence address that is located outside this state, the county recorder
shall cancel the elector's registration.
C. The county recorder shall maintain on the
inactive voter list the names of electors who have been removed from the
general register pursuant to subsection A or E of this section for a period of
four years or through the date of the second general election for federal
office following the date of the notice from the county recorder that is sent
pursuant to subsection E of this section.
D. On notice that a government agency has changed
the name of any street, route number, post office box number or other address
designation, the county recorder shall revise the registration records and
shall send a new verification of registration notice to the electors whose
records were changed.
E. The county recorder on or before May 1 of each
year preceding a state primary and general election or more frequently as the
recorder deems necessary may use the change of address information supplied by
the postal service through its licensees and the information provided by an
electronic voter registration information center to identify registrants whose
addresses may have changed. If it appears from information provided
by the postal service or an electronic voter registration information center
that a registrant has moved to a different residence address, the county
recorder shall send the registrant a notice of the change by forwardable mail
and a postage prepaid preaddressed return form or an appropriate internet
address for revising voter registration information by which the registrant may
verify or correct the registration information. If the registrant
fails to revise the information or return the form postmarked not later than
thirty-five days after the mailing of the notice, the elector's registration
status shall be changed from active to inactive. If the notice sent
by the recorder is not returned, the registrant may be required to provide
affirmation or confirmation of the registrant's address in order to vote.� If
the registrant does not vote in an election during the period after the date of
the notice from the recorder through the date of the second general election
for federal office following the date of that notice, the registrant's name
shall be removed from the list of inactive voters. If the registrant
has changed residence to a new county, the county recorder shall provide
information on how the registrant can continue to be eligible to vote.
F. The county recorder shall reject any application
for registration that is not accompanied by satisfactory evidence of United
States citizenship.� Satisfactory evidence of citizenship shall include any of
the following:
1. The number of the applicant's driver license or
nonoperating identification license issued after October 1, 1996 by the
department of transportation or the equivalent governmental agency of another
state within the United States if the agency indicates on the applicant's
driver license or nonoperating identification license that the person has
provided satisfactory proof of United States citizenship.
2. A legible photocopy of the applicant's birth
certificate that verifies citizenship to the satisfaction of the county
recorder.
3. A legible photocopy of pertinent pages of the
applicant's United States passport identifying the applicant and the
applicant's passport number or presentation to the county recorder of the
applicant's United States passport.
4. A presentation to the county recorder of the
applicant's United States naturalization documents or the number of the
certificate of naturalization.� If only the number of the certificate of
naturalization is provided, the applicant shall not be included in the
registration rolls until the number of the certificate of naturalization is
verified with the United States immigration and naturalization service by the
county recorder.
5. Other documents or methods of proof that are
established pursuant to the immigration reform and control act of 1986.
6. The applicant's bureau of Indian affairs card
number, tribal treaty card number or tribal enrollment number.
G. Notwithstanding subsection F of this section, any
person who is registered in this state on the effective date of this amendment
to this section is deemed to have provided satisfactory evidence of citizenship
and shall not be required to resubmit evidence of citizenship unless the person
is changing voter registration from one county to another.
H. For the purposes of this section, proof of voter
registration from another state or county is not satisfactory evidence of
citizenship.
I. A person who modifies voter registration records
with a new residence ballot shall not be required to submit evidence of
citizenship.� After citizenship has been demonstrated to the county recorder,
the person is not required to resubmit satisfactory evidence of citizenship in
that county.
J. After a person has submitted satisfactory
evidence of citizenship, the county recorder shall indicate this information in
the person's permanent voter file.� After two years the county recorder may
destroy all documents that were submitted as evidence of citizenship.
K. The secretary of state shall join
and maintain this state's participation in a multistate electronic voter
registration information center in order to ensure accurate and timely voter
registration information. the county recorder shall participate in
list maintenance efforts in coordination with the secretary of state that are
derived from this membership.
END_STATUTE
Sec. 2. Section 16-245, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-245.
Form and content of ballot
A. Ballots and ballot labels for the presidential
preference election shall be printed on different colored paper or white paper
with a different colored stripe for each party represented on the presidential
preference election ballot. Only one party may be represented on
each ballot. At the top shall be printed "official ballot of
the ______________ party, presidential preference election (date), county of
_______, state of Arizona".
B. The order of the names of certified candidates on
the ballot shall be determined by lots drawn at a public meeting called by the
secretary of state for that purpose. Rotation of candidate names is
prohibited. The certified candidates shall be listed under the title
"_______________ party candidates for President of the United
States". Immediately below shall be printed "vote for not
more than one". The ballot may also contain printed
instructions to voters as prescribed for other elections.
C. The officer in
charge of elections shall provide a sample ballot proof to the state committee
chairman of each qualified candidate's state committee
no
not
later than five days after
receipt of
RECEIVING
the certification from the secretary of state.
D. The officer in charge of elections shall mail one
sample ballot of each party represented on the presidential preference election
ballot to each household that contains a registered voter of that political
party unless that registered voter is on the
active
permanent
early voting list established pursuant to section
16-544. The return address on the sample ballot mailer shall not
contain the name of any elected or appointed official, and the name of an
appointed or elected official shall not be used to indicate who produced the
sample ballot.
E. The mailing face of each sample ballot shall be
imprinted with the great seal of the state of Arizona with the words
"official voting materials � presidential preference
election". The
polling place
voting location
for that household may also be designated on
the mailing face of the sample ballot.
END_STATUTE
Sec. 3. Section 16-246, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-246.
Early balloting; satellite locations; additional procedures
A. Within ninety-three days before the
presidential preference election and not later than 5:00 p.m. on the eleventh
day preceding the election, any elector who is eligible to vote in the
presidential preference election may make a verbal or signed, written request
for an official early ballot to the county recorder or other officer in charge
of elections for the county in which the elector is registered to
vote. If the request is verbal, the requesting elector shall provide
the date of birth and birthplace or other information that if compared to the
voter registration records for that elector would confirm the identity of the
elector.
B. Absent uniformed services voters or overseas
voters who are otherwise eligible to vote in the election may vote as
prescribed by sections 16-543 and 16-543.02.
C. The county recorder or other officer in charge of
elections may establish on-site early voting locations at the office of
the county recorder or at other locations in the county deemed necessary or
appropriate by the recorder. Early voting shall begin within the
time limits prescribed in section 16-542 unless otherwise prescribed by
this section.
D. The county recorder or other officer in charge of
elections shall send by nonforwardable mail that is marked with the statement
required by the postmaster to receive an address correction notification any
early ballots that are requested pursuant to subsections A and B of this
section and shall include a preaddressed envelope for the elector to return the
completed ballot.
E. The county recorder or other officer in charge of
elections shall provide to each election board an appropriate alphabetized list
of voters who have requested and have been sent an early ballot. Any
person who is on that list of voters and who was sent an early ballot shall not
vote at the
polling place
voting location
for that election precinct except as prescribed by section 16-579,
subsection B.
F. The county recorder or other officer in charge of
elections may provide for
any of the following
special election boards
in the same manner prescribed by law
for other elections
.
:
1. Special election boards.
2. Emergency balloting for persons who
experience an emergency after 5:00 p.m. on the Friday preceding the
presidential preference election and before 5:00 p.m. on the Monday immediately
preceding the presidential preference election. Before receiving a
ballot pursuant to this paragraph, a person who experiences an emergency shall
provide identification as prescribed in section 16-579 and shall sign a
statement under penalty of perjury that states that the person is experiencing
or experienced an emergency after 5:00 p.m. on the Friday immediately preceding
the election and before 5:00 p.m. on the Monday immediately preceding the
election that would prevent the person from voting at the
polls. Signed statements received pursuant to this subsection are
not subject to inspection pursuant to title 39, chapter 1, article 2.
G. Notwithstanding section 16-579,
subsection A, paragraph 2, for emergency balloting pursuant to subsection F,
paragraph 2 of this section, the county recorder or other officer in charge of
elections may allow a qualified elector to update the elector's voter
registration information as provided for in the secretary of state's
instructions and procedures manual adopted pursuant to section 16-452.
H.
g.
Sections
16-550, 16-551 and 16-552 govern the use of early balloting
for the presidential preference election.
END_STATUTE
Sec. 4.
Repeal
Section 16-407.01, Arizona Revised
Statutes, is repealed.
Sec. 5. Title 16, chapter 4, article 1, Arizona
Revised Statutes, is amended by adding section 16-407.04, to read:
START_STATUTE
16-407.04.
Election administration; private monies
Notwithstanding any other law, the secretary of
state, county recorders and county election directors may receive and spend
private monies for improvements to PROCESSES used in preparing for,
administering or conducting elections, including registering voters, conducting
voter education and DEVELOPING INNOVATIVE election programs
.
END_STATUTE
Sec. 6. Section 16-411, Arizona Revised Statutes, is amended to read:
START_STATUTE
16-411.
Designation of election precincts; voting centers;
electioneering; wait times
A. The board of
supervisors of each county, on or before October 1 of each year preceding the
year of a general election, by an order, shall establish a convenient number of
election precincts in the county and define the boundaries of the precincts as
follows:
1. The election precinct boundaries shall be
established so as to be included within election districts prescribed by law
for elected officers of the state and its political subdivisions, including
community college district precincts, except those elected officers provided
for in titles 30 and 48.
2. If after October 1 of the year preceding the year
of a general election the board of supervisors must further adjust precinct
boundaries due to the redistricting of election districts as prescribed by law
and to comply with this subsection, the board of supervisors shall adjust these
precinct boundaries as soon as is practicable.
B. At least twenty days before a general or primary
election, and at least ten days before a special election
, the
board shall designate one polling place within each precinct where the election
shall be held, except that:
1. On a specific finding of the board,
included in the order or resolution designating polling places pursuant to this
subsection, that no suitable polling place is available within a precinct, a
polling place for that precinct may be designated within an adjacent precinct.
2. Adjacent precincts may be combined
if boundaries so established are included in election districts prescribed by
law for state elected officials and political subdivisions including community
college districts but not including elected officials prescribed by titles 30
and 48. The officer in charge of elections may also split a precinct
for administrative purposes.� The polling places shall be listed in separate
sections of the order or resolution.
3. On a specific finding of the board
that the number of persons who are listed as early voters pursuant to section
16-544 and who are not expected to have their ballots tabulated at the
polling place as prescribed in section 16-579.02 is likely to
substantially reduce the number of voters appearing at one or more specific
polling places at that election, adjacent precincts may be consolidated by
combining polling places and precinct boards for that election. The
board of supervisors shall ensure that a reasonable and adequate number of
polling places will be designated for that election.� Any consolidated polling
places shall be listed in separate sections of the order or resolution of the
board.
4.
on
a specific resolution of the board, the board
may authorize
shall provide for
the use of voting centers in place of
or in addition to
specifically designated
polling
places
voting locations
. A voting
center shall allow any voter in that county to receive the appropriate ballot
for that voter on election day after presenting identification as prescribed in
section 16-579 and to lawfully cast the ballot. Voting centers
may
shall
be established in
coordination and consultation with the county recorder, at other county offices
or at other locations in the county deemed appropriate.
5. On a specific resolution of the
board of supervisors that is limited to a specific election date and that is
voted on by a recorded vote, the board may authorize the county recorder or
other officer in charge of elections to use emergency voting centers as
follows:
(a) The board shall specify in the
resolution the location and the hours of operation of the emergency voting
centers.
(b) A qualified elector voting at an
emergency voting center shall provide identification as prescribed in section
16-579, except that notwithstanding section 16-579, subsection A,
paragraph 2, for any voting at an emergency voting center, the county recorder
or other officer in charge of elections may allow a qualified elector to update
the elector's voter registration information as provided for in the secretary
of state's instructions and procedures manual adopted pursuant to section 16-452.
(c) If an emergency voting center
established pursuant to this section becomes unavailable and there is not
sufficient time for the board of supervisors to convene to approve an alternate
location for that emergency voting center, the county recorder or other officer
in charge of elections may make changes to the approved emergency voting center
location and shall notify the public and the board of supervisors regarding
that change as soon as practicable. The alternate emergency voting
center shall be as close in proximity to the approved emergency voting center
location as possible.
C. If the board fails to designate the
place for holding the election, or if it cannot be held at or about the place
designated, the justice of the peace in the precinct, two days before the
election, by an order, copies of which the justice of the peace shall
immediately post in three public places in the precinct, shall designate the
place within the precinct for holding the election. If there is no
justice of the peace in the precinct, or if the justice of the peace fails to
do so, the election board of the precinct shall designate and give notice of
the place within the precinct of holding the election. For any
election in which there are no candidates for elected office appearing on the
ballot, the board may consolidate polling places and precinct boards and may
consolidate the tabulation of results for that election if all of the following
apply:
1. All affected voters are notified by
mail of the change at least thirty-three days before the election.
2. Notice of the change in polling
places includes notice of the new voting location, notice of the hours for
voting on election day and notice of the telephone number to call for voter
assistance.
3. All affected voters receive
information on early voting that includes the application used to request an
early voting ballot.
D.
C.
The
board is not required to designate a
polling place
voting center
for special district mail ballot elections held
pursuant to article 8.1 of this chapter, but the board may designate one or
more sites for voters to deposit marked ballots until 7:00 p.m. on the day of
the election.
E.
D.
Except
as provided in subsection
F
e
of
this section, a public school shall provide sufficient space for use as a
polling place
voting location
for any
city, county or state election when requested by the officer in charge of
elections.
F.
E.
The
principal of the school may deny a request to provide space for use as a
polling place
voting location
for any
city, county or state election if, within two weeks after a request has been
made, the principal provides a written statement indicating a reason the
election cannot be held in the school, including any of the following:
1. Space is not available at the school.
2. The safety or welfare of the children would be
jeopardized.
G.
F.
Beginning
in 2026, the department of administration shall coordinate with state agencies
and counties to provide available and appropriate state-owned facilities
for use as a voting location for any city, county or state election when
requested by the officer in charge of elections.
H.
G.
The
board shall make available to the public as a public record a list of the
polling places
voting locations
for all
precincts in which the election is to be held.
I.
H.
Except
in the case of an emergency, any facility that is used as a
polling
place
voting location
on election day or that is
used as an early voting site during the period of early voting shall allow
persons to electioneer and engage in other political activity outside of the
seventy-five foot limit prescribed by section 16-515 in public
areas and parking lots used by voters. This subsection does not
allow the temporary or permanent construction of structures in public areas and
parking lots or the blocking or other impairment of access to parking spaces
for voters.� The county recorder or other officer in charge of elections shall
post on its website at least two weeks before election day a list of those
polling places
voting locations
in which
emergency conditions prevent electioneering and shall specify the reason the
emergency designation was granted and the number of attempts that were made to
find a
polling place
voting location
before
granting an emergency designation. If the
polling
place
voting location
is not on the website list
of
polling places
voting locations
with
emergency designations, electioneering and other political activity shall be
allowed outside of the seventy-five foot limit. If an
emergency arises after the county recorder or other officer in charge of
elections' initial website posting, the county recorder or other officer in
charge of elections shall update the website as soon as is practicable to
include any new
polling places
voting
location
, shall highlight the
polling place
voting
location on the website and shall specify the reason the
emergency designation was granted and the number of attempts that were made to
find a
polling place
voting location
before
granting an emergency designation.
J.
I.
For
the purposes of this section, a county recorder or other officer in charge of
elections shall designate a
polling place
voting
location
as an emergency
polling place
voting location
and thus prohibit persons from electioneering
and engaging in other political activity outside of the seventy-five foot
limit prescribed by section 16-515 but inside the property of the
facility that is hosting the
polling place
voting
location
if any of the following occurs:
1. An act of God renders a previously set
polling place
voting location
as unusable.
2. A county recorder or other officer in charge of
elections has exhausted all options and there are no suitable facilities in
a precinct
an area
that are willing to be
a
polling place
voting location
unless
a facility can be given an emergency designation.
K.
J.
The
secretary of state shall provide through the instructions and procedures manual
adopted pursuant to section 16-452 the maximum allowable wait time for
any election that is subject to section 16-204 and provide for a method
to reduce voter wait time at the polls in the primary and general
elections. The method shall consider at least all of the following
for primary and general elections in each precinct:
1. The number of ballots voted in the prior primary
and general elections.
2. The number of registered voters who voted early
in the prior primary and general elections.
3. The number of registered voters and the number of
registered voters who cast an early ballot for the current primary or general
election.
4. The number of registered voters whose early
ballots were tabulated on-site as prescribed in section 16-579.02
in the prior primary and general elections.
5. The number of election board members and clerks
and the number of rosters that will reduce voter wait time at the polls.
END_STATUTE
Sec. 7. Section 16-461, Arizona Revised Statutes, is amended to read:
START_STATUTE
16-461.
Sample primary election ballots; submission to party chairmen for
examination; preparation, printing and distribution of ballot
A. At least forty-five
days before a primary election, the officer in charge of that election shall:
1. Prepare a proof of a sample ballot.
2. Submit the sample ballot proof of each party to
the county chairman or in city or town primaries to the city or town chairman.
3. Mail a sample ballot proof to each candidate for
whom a nomination paper and petitions have been filed.
B. Within two calendar days after receipt of the
sample ballot, the county chairman of each political party and any candidate in
that election who has submitted and confirmed an email address shall suggest to
the election officer any change the chairman or candidate considers should be
made in the chairman's or candidate's party ballot, and if on examination the
election officer finds an error or omission on the ballot, the officer shall
correct it.� The election officer shall print and distribute the sample ballots
as required by law, shall maintain a copy of each sample ballot and shall post
a notice indicating that sample ballots are available on request.� The official
sample ballot shall be printed on colored paper or white paper with a different
colored stripe for each party that is represented on that
ballot. For voters who are not registered with a party that is
entitled to continued representation on the ballot pursuant to section 16-804,
the election officer may print and distribute the required sample ballots in an
alternative format, including a reduced size format.
C. Not later than forty days before a primary
election, the county chairman of a political party may request one sample
primary election ballot of the chairman's party for each election precinct.
D. The board of supervisors shall have printed
mailer-type sample ballots for a primary election and shall mail at least
eleven days before the election one sample ballot of a political party to each
household containing a registered voter of that political party unless that
registered voter is on the
active
permanent
early voting list established pursuant to section 16-544. Each
sample ballot shall contain the following statement:� "This is a sample
ballot and cannot be used as an official ballot under any
circumstances". A certified claim shall be presented to the
secretary of state by the board of supervisors for the actual cost of printing,
labeling and postage of each sample ballot actually mailed, and the secretary
of state shall direct payment of the authenticated claim from funds of the
secretary of state's office.
E. For city and town
elections, the governing body of a city or town may have printed mailer-type
sample ballots for a primary election.� If the city or town has printed such
sample ballots, the city or town shall provide for the distribution of such
ballots and shall bear the expense of printing and distributing such sample
ballots.
F. The return address on the mailer-type
sample ballots shall not contain the name of an appointed or elected public
officer nor may the name of an appointed or elected public officer be used to
indicate who produced the sample ballot.
G. The great seal of
the state of Arizona shall be imprinted along with the words "official
voting materials" on the mailing face of each sample ballot. In
county, city or town elections the seal of such jurisdiction shall be
substituted for the state seal.
END_STATUTE
Sec. 8. Section 16-510, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-510.
Sample ballots; preparation and distribution
A. Before printing the sample ballots for the
general election the board of supervisors shall send to each candidate whose
name did not appear on the preceding primary election ballot and to the county
chairperson of each political party a ballot proof of the sample ballot for the
candidate's and chairperson's review.� Within two calendar days after receipt
of the sample ballot, those candidates and the county chairperson of each
political party shall suggest to the election officer any change the candidate
or chairperson considers should be made to the ballot, and if on examination
the election officer finds an error or omission on the ballot, the officer
shall correct the error or omission.
B. The board of supervisors shall print and
distribute, for the information of voters at each
polling place
voting location
, a number of sample ballots as it deems
necessary.
C. The board of supervisors shall have printed
mailer-type sample ballots for a general election and shall mail at least
eleven days before the election one such sample ballot to each household in the
county containing a registered voter unless that registered voter is on the
active
permanent
early voting list
established pursuant to section 16-544.� Each sample ballot shall contain
the following statement:� "This is a sample ballot and cannot be used as
an official ballot under any circumstances". A certified claim
shall be presented to the secretary of state by the board of supervisors for
the actual cost of printing, labeling and postage of each sample ballot
actually mailed, and the secretary of state shall direct payment of the
authenticated claim from funds of the secretary of state's office.
D. For city and town elections, the governing body
of a city or town may have printed mailer-type sample ballots for a
general election. If the city or town has printed such sample
ballots, the city or town shall provide for the distribution of such ballots
and shall bear the expense of printing and distributing such sample ballots.
E. For special district elections, the governing
body of a special district may have printed mailer-type sample
ballots. If the special district has printed such sample ballots,
the special district shall provide for the distribution of such ballots and
shall bear the expense of printing and distributing such sample ballots.
END_STATUTE
Sec. 9. Section 16-515, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-515.
"Seventy-five foot limit" notices; posting; violation;
classification
A. Except as prescribed in this section and section
16-580, a person shall not be allowed to remain inside the seventy-five
foot limit
for each voting location
while the polls are
open
and for each designated ballot receptacle while accessible
to the public
, except for the purpose of voting, and except the election
officials, one representative at any one time of each political party
represented on the ballot who has been appointed by the county chairman of that
political party and the challengers allowed by law, and
no
electioneering may
not
occur within the seventy-five
foot limit. Voters having cast their ballots shall promptly move
outside the seventy-five foot limit.
B. The board of supervisors shall furnish
for each designated ballot receptacle
,
and
with the ballots for each
polling place
voting location
, three notices, printed in letters not less than two
inches high, with the heading: "Seventy-five foot
limit" and underneath that heading the following:
No person shall be allowed to remain inside these limits
while the polls are open, except for the purpose of voting, and except the
election officials, one representative at any one time of each political party
represented on the ballot who has been appointed by the county chairman of such
political party, and the challengers allowed by law. Voters having
cast their ballots shall at once retire without the seventy-five foot
limit. A person violating any provision of this notice is guilty of
a class 2 misdemeanor.
C. A minor voting in a simulated election at a
polling place
voting location
is subject
to the same seventy-five foot limit restrictions prescribed for a
voter. Persons supervising or working in a simulated election in
which minors vote may remain within the seventy-five foot limit of the
polling place
voting location
.� The
inspector for the
polling place
voting
location
shall exercise authority over all election and simulated
election related activities at the
polling place
voting location
.
D. For an election that is held by an Indian tribe
and that is held at a
polling place
voting
location
at the same time and on the same date as any other election,
the following apply:
1. A person who is voting is subject to the same
seventy-five foot limit restrictions prescribed for other voters.
2. An election official for the tribal election may
remain within the seventy-five foot limit for the
polling
place
voting location
.
E. With the permission of the voter, a minor may
enter and remain within the seventy-five foot limit in order to accompany
a voter into a
polling place
voting
location
, an on-site early voting facility and a voting booth
while the voter is voting.
F. Notwithstanding any other law, an election
official, a representative of a political party who has been appointed by the
county chairman of that political party or a challenger who is authorized by
law to be within the seventy-five foot limit as prescribed by this section
shall not wear, carry or display materials that identify or express support for
or opposition to a candidate, a political party or organization, a ballot
question or any other political issue and shall not electioneer within the
seventy-five foot limit of a
polling place
voting location or designated ballot receptacle
.
G. Notwithstanding section 16-1018, a person may not
take photographs or videos while within the seventy-five foot limit.
H.
Any
A
person
violating
who violates
this section
is guilty of a class 2 misdemeanor.
I. For the purposes of this section, electioneering
occurs when an individual knowingly, intentionally, by verbal expression and in
order to induce or compel another person to vote in a particular manner or to
refrain from voting expresses support for or opposition to a candidate who
appears on the ballot in that election, a ballot question that appears on the
ballot in that election or a political party with one or more candidates who
appear on the ballot in that election.
END_STATUTE
Sec. 10. Section 16-542, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-542.
Request for ballot; civil penalties; violation; classification
A. Within ninety-three days before any
election called pursuant to the laws of this state, an elector may make a
verbal or signed request to the county recorder, or other officer in charge of
elections for the applicable political subdivision of this state in whose jurisdiction
the elector is registered to vote, for an official early ballot.� In addition
to name and address, the requesting elector shall provide the date of birth and
state or country of birth or other information that if compared to the voter
registration information on file would confirm the identity of the
elector. If the request indicates that the elector needs a primary
election ballot and a general election ballot, the county recorder or other
officer in charge of elections shall honor the request.� For any partisan
primary election, if the elector is not registered as a member of a political
party that is entitled to continued representation on the ballot pursuant to
section 16-804, the elector shall designate the ballot of only one of the
political parties that is entitled to continued representation on the ballot
and the elector may receive and vote the ballot of only that one political
party, which also shall include any nonpartisan offices and ballot questions,
or the elector shall designate the ballot for nonpartisan offices and ballot
questions only and the elector may receive and vote the ballot that contains
only nonpartisan offices and ballot questions. The county recorder
or other officer in charge of elections shall process any request for an early
ballot for a municipal election pursuant to this subsection. The
county recorder
may
shall
establish
on-site early voting locations at the
county
recorder's
office, which shall be open and available for use beginning the same day that a
county begins to send out the early ballots. The county recorder may
also establish any other early voting locations in the county the
county
recorder deems necessary.
� The early
voting locations, including the locations at the county recorder's offices,
shall be open on the Saturday,� Sunday and Monday before election day from at
least 8:00 a.m. until at least 5:00 p.m.
� Any on-site early voting
location or other early voting location shall require each elector to present
identification as prescribed in section 16-579 before receiving a
ballot.� Notwithstanding section 16-579, subsection A, paragraph 2, at
any on-site early voting location or other early voting location the county
recorder or other officer in charge of elections may provide for a qualified
elector to update the elector's voter registration information as provided for
in the secretary of state's instructions and procedures manual adopted pursuant
to section 16-452.
B. Notwithstanding subsection A of this section, a
request for an official early ballot from an absent uniformed services voter or
overseas voter as defined in the uniformed and overseas citizens absentee
voting act (P.L. 99-410; 52 United States Code section 20310) or a voter
whose information is protected pursuant to section 16-153 that is
received by the county recorder or other officer in charge of elections more
than ninety-three days before the election is valid. If
requested by the absent uniformed services or overseas voter, or a voter whose
information is protected pursuant to section 16-153, the county recorder
or other officer in charge of elections shall provide to the requesting voter
early ballot materials through the next regularly scheduled general election
for federal office immediately following receipt of the request unless a different
period of time, which does not exceed the next two regularly scheduled general
elections for federal office, is designated by the voter.
C. The county recorder or other officer in charge of
elections shall mail the early ballot and the envelope for its return postage
prepaid to the address provided by the requesting elector within five days
after receipt of the official early ballots from the officer charged by law
with the duty of preparing ballots pursuant to section 16-545, except
that early ballot distribution shall not begin more than twenty-seven days
before the election. If an early ballot request is received on or
before the thirty-first day before the election, the early ballot shall
be distributed not earlier than the twenty-seventh day before the election and
not later than the twenty-fourth day before the election.
D. Only the elector may be in possession of that
elector's unvoted early ballot. If a complete and correct request is
made by the elector within twenty-seven days before the election, the
mailing must be made within forty-eight hours after receipt of the
request. Saturdays, Sundays and other legal holidays are excluded
from the computation of the forty-eight-hour period prescribed by this
subsection.� If a complete and correct request is made by an absent uniformed
services voter or an overseas voter before the election, the regular early
ballot shall be transmitted by mail, by fax or by other electronic format
approved by the secretary of state within twenty-four hours after the
early ballots are delivered pursuant to section 16-545, subsection B,
excluding Sundays.
E. In order to be complete and correct and to
receive an early ballot by mail, an elector's request that an early ballot be
mailed to the elector's residence or temporary address must include all of the
information prescribed by subsection A of this section and must be received by
the county recorder or other officer in charge of elections not later than 5:00
p.m. on the eleventh day preceding the election. An elector who
appears personally not later than 7:00 p.m. on the Friday preceding the
election at an on-site early voting location that is established by the
county recorder or other officer in charge of elections shall be given a ballot
after presenting identification as prescribed in section 16-579 and shall
be allowed to vote at the on-site location.� Notwithstanding section 16-579,
subsection A, paragraph 2, at any on-site early voting location the county
recorder or other officer in charge of elections may provide for a qualified
elector to update the elector's voter registration information as provided for
in the secretary of state's instructions and procedures manual adopted pursuant
to section 16-452. If an elector's request to receive an early
ballot is not complete and correct but complies with all other requirements of
this section, the county recorder or other officer in charge of elections shall
attempt to notify the elector of the deficiency of the request.
F. Unless an elector specifies that the address to
which an early ballot is to be sent is a temporary address, the recorder may
use the information from an early ballot request form to update voter
registration records.
G. The county recorder or other officer in charge of
early balloting shall provide an alphabetized list of all voters in the
precinct who have requested and have been sent an early ballot to the election
board of the precinct in which the voter is registered not later than the day
before the election.
H. As a result of experiencing an
emergency between 7:00 p.m. on the Friday preceding the election and 5:00 p.m.
on the Monday preceding the election, qualified electors may request to vote in
the manner prescribed by the board of supervisors of their respective
county. Before voting pursuant to this subsection, an elector who
experiences an emergency shall provide identification as prescribed in section
16-579 and shall sign a statement under penalty of perjury that states
that the person is experiencing or experienced an emergency after 7:00 p.m. on
the Friday immediately preceding the election and before 5:00 p.m. on the
Monday immediately preceding the election that would prevent the person from
voting at the polls.� Signed statements received pursuant to this subsection
are not subject to inspection pursuant to title 39, chapter 1, article 2.� For
the purposes of this subsection, "emergency" means any unforeseen
circumstances that would prevent the elector from voting at the polls.
I. Notwithstanding section 16-579,
subsection A, paragraph 2, for any voting pursuant to subsection H of this
section, the county recorder or other officer in charge of elections may allow
a qualified elector to update the elector's voter registration information as
provided for in the secretary of state's instructions and procedures manual
adopted pursuant to section 16-452.
J.
H.
A
candidate, political committee or other organization may distribute early
ballot request forms to voters. If the early ballot request forms
include a printed address for return, the addressee shall be the political
subdivision that will conduct the election.� Failure to use the political
subdivision as the return addressee is punishable by a civil penalty of up to
three times the cost of the production and distribution of the request.
K.
I.
All
original and completed early ballot request forms that are received by a
candidate, political committee or other organization shall be submitted within
six business days after receipt by a candidate, political committee or other
organization or eleven days before the election day, whichever is earlier, to
the political subdivision that will conduct the election. Any
person, political committee or other organization that fails to submit a
completed early ballot request form within the prescribed time is subject to a
civil penalty of up to $25 per day for each completed form withheld from
submittal. Any person who knowingly fails to submit a completed
early ballot request form before the submission deadline for the election
immediately following the completion of the form is guilty of a class 6 felony.
L.
J.
Except
for a voter who is on the
active
permanent
early
voting list prescribed by section 16-544, a voter who requests a onetime
early ballot pursuant to this section or for an election conducted pursuant to
section 16-409 or article 8.1 of this chapter, a county recorder, city or
town clerk or other election officer may not deliver or mail an early ballot to
a person who has not requested an early ballot for that election.� An election
officer who knowingly violates this subsection is guilty of a class 5 felony.
END_STATUTE
Sec. 11. Section 16-544, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-544.
Permanent early voting list; civil penalty; violation;
classification; definition
A. Any voter may request to be included on a list of
voters to receive an early ballot by mail for any election for which the county
voter registration roll is used to prepare the election
register. The county recorder of each county shall maintain the
active
permanent
early voting list as part
of the voter registration roll.
B. In order to be included on the
active
permanent
early voting list, the voter shall make a
written request specifically requesting that the voter's name be added to the
active
permanent
early voting list for all
elections in which the applicant is eligible to vote.
An
A permanent
early voter request form shall conform to
requirements prescribed in the instructions and procedures manual issued
pursuant to section 16-452. The application shall allow for
the voter to provide the voter's name, residence address, mailing address in
the voter's county of residence, date of birth and signature and shall state
that the voter is attesting that the voter is a registered voter who is
eligible to vote in the county of residence. The voter shall not
list a mailing address that is outside of this state for the purpose of the
active
permanent
early voting list unless
the voter is an absent uniformed services voter or overseas voter as defined in
the uniformed and overseas citizens absentee voting act (P.L. 99-410;
52 United States Code section 20310). In lieu of the application,
the applicant may submit a written request that contains the required
information.
C. On receipt of a request to be included on the
active
permanent
early voting list, the
county recorder or other officer in charge of elections shall compare the
signature on the request form with the voter's signature on the voter's
registration form and, if the request is from the voter, shall mark the voter's
registration file as
an active
a permanent
early
ballot request.
D. Not less than ninety days before any
polling place
voting location
election
scheduled in March or August, the county recorder or other officer in charge of
elections shall mail to all voters who are eligible for the election, who are
not listed as inactive and who are included on the
active
permanent
early voting list an election notice by
nonforwardable mail that is marked with the statement required by the
postmaster to receive an address correction notification. If an
election is not formally called by a jurisdiction by the one hundred eightieth
day before the election, the recorder or other officer in charge of elections
is not required to send the election notice. The notice shall
include the dates of the elections that are the subject of the notice, the
dates that the voter's ballot is expected to be mailed and the address where
the ballot will be mailed. If the upcoming election is a partisan
open primary election and the voter is not registered as a member of one of the
political parties that is recognized for purposes of that primary, the notice
shall include information on the procedure for the voter to designate a
political party ballot. The notice shall be delivered with return
postage prepaid and shall also include a means for the voter to do any of the
following:
1. Change the mailing address for the voter's ballot
to another location in the voter's county of residence.
2. Update the voter's residence address in the
voter's county of residence.
3. Request that the voter not be sent a ballot for
the upcoming election or elections indicated on the notice.
E. If the notice that is mailed to the voter is
returned undeliverable by the postal service, the county recorder or other
officer in charge of elections shall take the necessary steps to contact the
voter at the voter's new residence address in order to update that voter's
address or to move the voter to inactive status as prescribed in section 16-166,
subsection A. If a voter is moved to inactive status, the voter
shall be removed from the
active
permanent
early
voting list and may not receive an early ballot unless the voter updates or
otherwise confirms the voter's registration information. If the
voter is removed from the
active
permanent
early
voting list, the voter shall only be added to the
active
permanent
early voting list again if the voter submits a new
request pursuant to this section.
F. Not later than the first day of early voting, the
county recorder or other officer in charge of elections shall mail an early
ballot to all eligible voters who are not listed as inactive and who are
included on the
active
permanent
early
voting list in the same manner prescribed in section 16-542,
subsection C. If the voter has not returned the notice or
otherwise notified the election officer within forty-five days before the
election that the voter does not wish to receive an early ballot by mail for
the election or elections indicated, the ballot shall automatically be
scheduled for mailing.
G. If a voter who is on the
active
permanent
early voting list is not registered as a member
of a recognized political party and fails to notify the county recorder of the
voter's choice for political party ballot within forty-five days before a
partisan open primary election, the following apply:
1. The voter shall not automatically be sent a
ballot for that partisan open primary election only and the voter's name shall
remain on the
active
permanent
early
voting list for future elections.
2. To receive an early ballot for the primary
election, the voter shall submit the voter's choice for political party ballot
to the county recorder.
H. After a voter has requested to be included on the
active
permanent
early voting list,
the voter shall be sent an early ballot by mail automatically for any election
at which a voter at that residence address is eligible to vote until any of the
following occurs:
1. The voter requests in writing to be removed from
the
active
permanent
early voting
list.
2. The voter's registration or eligibility for
registration is moved to inactive status or canceled as otherwise provided by
law.
3. The notice sent by the county recorder or other
officer in charge of elections is returned undeliverable and the county
recorder or officer in charge of elections is unable to contact the voter to
determine the voter's continued desire to remain on the list.
4. The voter fails to vote an early
ballot in all elections for two consecutive election cycles. For the
purposes of this paragraph, "election" means any regular primary or
regular general election for which there was a federal race on the ballot or
for which a city or town candidate primary or first election or city or town
candidate second, general or runoff election was on the ballot. This
paragraph does not apply to:
(a) A special taxing district that is
authorized pursuant to section 16-191 to conduct its own elections.
(b) A special district mail ballot
election that is conducted pursuant to article 8.1 of this chapter.
I. A voter may make a written request at any time to
be removed from the
active
permanent
early
voting list. The request shall include the voter's name, residence
address, date of birth and signature. On receipt of a completed
request to remove a voter from the
active
permanent
early voting list, the county recorder or other officer in charge of
elections shall remove the voter's name from the list as soon as practicable.
J. An absent uniformed services voter or overseas
voter as defined in the uniformed and overseas citizens absentee voting act
(P.L. 99-410; 52 United States Code section 20310) is eligible to be
placed on the
active
permanent
early
voting list pursuant to this section.
K.
A voter's failure to
vote an early ballot once received
does not constitute grounds to remove the voter from the
active
permanent
early voting list
, except that a
county recorder shall remove a voter from the
active early
voting list
if both of the following apply:
1. The county recorder or other
officer in charge of elections complies with subsection M of this section.
2. The voter fails to vote using an
early ballot in all of the following elections for two consecutive election
cycles:
(a) A regular primary and regular
general election for which there was a federal race on the ballot.
(b) A city or town candidate primary
or first election and a city or town candidate second, general or runoff
election.
L. On or before January 15 of each
odd-numbered year, the county recorder or other officer in charge of elections
shall send a notice to each voter who is on the active early voting list and
who did not vote an early ballot in all elections for two consecutive election
cycles as prescribed by subsection K of this section.� If the voter has
provided the voter's telephone or mobile phone number or email address to the
county recorder, the county recorder may additionally provide the notice to the
voter by telephone call, text message or email.� The notice shall inform the
voter that if the voter wishes to remain on the active early voting list, the
voter shall do both of the following with the notice received:
1. Confirm in writing the voter's
desire to remain on the active early voting list.
2. Return the completed notice to the
county recorder or other officer in charge of elections within ninety days
after the notice is sent to the voter.� The notice shall be signed by the voter
and shall contain the voter's address and date of birth.
M. If a voter receives a notice as
prescribed by subsection L of this section and the voter fails to respond
within the ninety-day period, the county recorder or other officer in charge of
elections shall remove the voter's name from the active early voting list
.
N.
L.
A
candidate, political committee or other organization may distribute
active
permanent
early voting list request
forms to voters. If the
active
permanent
early voting list request forms include a printed address for return,
that address shall be the political subdivision that will conduct the
election. Failure to use the political subdivision as the return
addressee is punishable by a civil penalty of up to three times the cost of the
production and distribution of the
active
permanent
early voting list request.
O.
M.
All
original and completed
active
permanent
early
voting list request forms that are received by a candidate, political committee
or other organization shall be submitted within six business days after receipt
by a candidate or political committee or eleven days before the election day,
whichever is earlier, to the political subdivision that will conduct the
election. Any person, political committee or other organization that
fails to submit a completed
active
permanent
early voting list request form within the prescribed time is subject to
a civil penalty of up to $25 per day for each completed form withheld from
submittal. Any person who knowingly fails to submit a completed
active
permanent
early voting list request
form before the submission deadline for the election immediately following the
completion of the form is guilty of a class 6 felony.
P.
N.
A
person who receives an early ballot at an address at which another person
formerly resided, without voting the ballot or signing the envelope, shall
write "not at this address" on the envelope and place the mail piece
in a United States postal service collection box or other mail
receptacle. On receipt the county recorder or other officer in
charge of elections shall proceed in the manner prescribed in subsection E of
this section.
Q.
O.
When
the county recorder receives confirmation from another county that a person
registered has registered to vote in that other county, the county recorder
shall remove that person from the
active
permanent
early voting list.
R.
P.
If
the county recorder receives credible information that a person has registered
to vote in a different county, the county recorder shall confirm the person's
voter registration with that other county and, on confirmation, shall remove
that person from the county's
active
permanent
early voting list pursuant to subsection
Q
O
of this section.
S. For the purposes of this section,
"election cycle" means the two-year period beginning on January
1 in the year after a statewide general election or, for cities and towns, the
two-year period beginning on the first day of the calendar quarter after
the calendar quarter in which the city's or town's second, runoff or general
election is scheduled and ending on the last day of the calendar quarter in
which the city's or town's immediately following second, runoff or general
election is scheduled, however that election is designated by the city or town.
END_STATUTE
Sec. 12. Section 16-550, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-550.
Receipt of voter's ballot; cure period; notice to cure system;
tracking system
A. Except for early ballots tabulated as prescribed
in section 16-579.02 or, beginning in 2026, received at a voting location
after a voter's identification is confirmed as prescribed by section 16-579,
subsection A, paragraph 4, on receipt of the envelope containing the early
ballot and the mail affidavit, the county recorder or other officer in charge
of elections shall compare the signature on the envelope with the signature of
the elector on the elector's registration record as prescribed by section 16-550.01. If
the signature is inconsistent with the elector's signature on the elector's
registration record, the county recorder or other officer in charge of
elections shall make reasonable efforts to contact the voter, advise the voter
of the inconsistent signature and allow the voter to correct or the county to
confirm the inconsistent signature. The county recorder or other
officer in charge of elections shall allow signatures to be corrected not later
than the fifth business day after a primary, general or special election that
includes a federal office or the third business day after any other
election. If the election is a primary, general or special election
that includes a federal office and there are outstanding ballots that require identification
or ballot signatures to be corrected or confirmed, in addition to the office's
regular business hours, the county recorder's and any city or town clerks'
offices that have an agreement with a county to be used as locations at which a
voter may submit proof of identification shall be open during regular business
hours to allow for curing signatures during the Friday and weekend before and
the Friday and weekend after the election.� Regular business hours include at a
minimum 8:00 a.m. until 5:00 p.m. If there are no ballots
remaining that require identification or signatures to be cured, the county
recorder and city and town clerks are not required to be open during the
weekend. If the signature is missing, the county recorder or other
officer in charge of elections shall make reasonable efforts to contact the
elector, advise the elector of the missing signature and allow the elector to
add the elector's signature not later than 7:00 p.m. on election
day. If satisfied that the signatures correspond, the recorder or
other officer in charge of elections shall hold the envelope containing the
early ballot and the completed mail affidavit unopened in accordance with the
rules of the secretary of state.� Signatures that cannot be verified pursuant
to section 16-550.01 or cured pursuant to this section shall be
rejected. If the ballot is a conditional provisional ballot,
the county recorder or other officer in charge of elections shall make
reasonable efforts to contact the voter and advise the voter that
the
voter
shall
must
provide proof of
identification to the county recorder or other officer in charge of elections
not later than the fifth business day after a primary, general or special
election that includes a federal office or the third business day after any
other election. Beginning with the first missing or mismatched
signature that is identified after the period of early voting begins through
the Monday immediately preceding the election, the county recorder or other
officer in charge of elections shall submit daily to the political parties that
are qualified for continued representation on the state ballot an updated list
of all voters whose signatures are missing or inconsistent with the voter's
signature on the voter's registration record. Beginning on the
Wednesday immediately following the election through the end of the signature
cure period after a primary, general or special election that includes a
federal office, or the third business day after the election for any other
election, the county recorder or other officer in charge of elections shall
submit daily to the political parties that are qualified for continued
representation on the state ballot an updated list of all voters whose
signatures are inconsistent with the voter's signature on the voter's registration
record and all voters who voted with a conditional provisional ballot.� This
list of voters whose signatures require curing shall include for those voters
all voter information that is provided to the political parties that are
qualified for continued representation on the state ballot as prescribed by
section 16-168.
B. A county recorder or other officer
in charge of elections who is required by subsection A of this section to make
efforts to notify a voter that the voter's signature appears inconsistent or is
missing or that the voter of a conditional provisional ballot is required to
provide proof of identification shall establish a notice to cure system that
indicates by text message to a voter whether the voter's signature needs to be
added, confirmed or cured and whether the voter is required to provide
identification or other information in order to validate the voter's ballot and
whether the ballot has been verified and sent to be tabulated or rejected.� The
county recorder or other officer in charge of elections shall provide voters
with access to the notice to cure system on the county's website and shall
require the voter's consent to receive text messages.
B.
C.
The
recorder or other officer in charge of elections shall thereafter safely keep
the mail affidavits and early ballots in the recorder's or other officer's
office and may deliver them for tallying pursuant to section 16-551.
C.
D.
Processing
and tabulation of individual ballots may begin immediately after the envelope
and completed mail affidavit are processed pursuant to this section and
delivered to the early election board and shall continue without delay until
completed.� Until election day, the early election board and the county
recorder or other officer in charge of elections shall:
1. Not access an aggregated complete results file of
early voting and vote by mail ballots that were processed and tabulated by the
end of the early voting period.
2. Not produce for internal or external use an
aggregated results report or associated files of complete results.
3. Only produce a partial results report or
associated files if it is part of the internal preparation for the hand count
pursuant to section 16-602 or for the logic and accuracy testing required
pursuant to section 16-449.
4. Not publicly release complete or partial results,
whether for internal or external use, until all precincts have reported or one
hour after the closing of the polls on election day, whichever is earlier.
D.
E.
The county recorder or other officer in charge of
elections shall post on its website within forty-eight hours after all ballot
tabulation is complete all system log files and other similar files from the
election management system that verify compliance with subsection
C
d
of this section.
E.
F.
The
county recorder shall send a list of all voters who were issued early ballots
to the election board of the precinct in which the voter is registered.
F.
G.
For
a county that uses early ballots, the county recorder or other officer in
charge of elections shall provide an early ballot tracking system that
indicates
by text message to an early voter
whether the
voter's early ballot has been received and whether the early ballot has been
verified and sent to be tabulated or rejected.� The county recorder or other
officer in charge of elections shall provide voters with access to the early
ballot tracking system on the county's website
and shall require
the early voter's consent to receive text messages
.
H. If a county recorder or other
officer in charge of elections receives a voted early ballot that appears to be
an otherwise lawful ballot that has been issued by a county or JURISDICTION
other than the county that received the ballot, the following apply:
1. If the county recorder or other
officer in charge of elections that initially received the early ballot
received it on or before 7:00 p.m. on election day, that county recorder or
other officer in charge of elections shall provide the ballot and the mail
affidavit by personal delivery, expedited mail or other package transfer method
to the county recorder or other officer in charge of elections from the county
that issued the ballot.
2. The county recorder or other
officer in charge of elections that initially received the early ballot shall
make the DELIVERY or transfer PRESCRIBED by paragraph 1 of this subsection so
that the second county recorder or other officer in charge of elections
receives the early ballot and mail affidavit within three days after election
day.
3. On receipt as prescribed by
paragraph 2 of this subsection, the county or other jurisdiction that issued
and received the ballot and mail affidavit shall process the early ballot as
prescribed by subsections A through F of this section and section 16-550.01,
and that ballot is eligible to be considered for tabulation.
G.
I.
This
section does not apply to:
1. A special taxing district that is authorized
pursuant to section 16-191 to conduct its own elections.
2. A special district mail ballot election that is
conducted pursuant to article 8.1 of this chapter.
END_STATUTE
Sec. 13. Section 16-572, Arizona Revised Statutes, is amended to read:
START_STATUTE
16-572.
Delivery and custody of ballots at voting center
A. On opening the
polls, the inspector shall produce the sealed package of official ballots and
publicly open it and deliver one book or block of ballots therein contained to
the judges. The other blocks or books of ballots, if any, shall be
retained by the inspector until called for by the judges and required for
voting.
B. One of the judges of election shall keep the
ballots within the
polling place
voting
center
in plain view of the public and deliver them only to qualified
voters.
C. A person shall not take or remove a ballot from
the polling place
a voting location or a
designated ballot receptacle
before the polls are closed
,
EXCEPT THAT EARLY BALLOTS THAT ARE RETURNED AT VOTING LOCATIONS
or at a designated ballot receptacle MAY BE REMOVED BY TWO AUTHORIZED ELECTION
WORKERS WHO MUST EACH BE A MEMBER OF A DIFFERENT ONE OF THE TWO LARGEST
POLITICAL PARTIES, WHO HAVE COMPLETED A CHAIN OF CUSTODY LOG MAINTAINED AT THE
VOTING LOCATION or designated ballot receptacle THAT INCLUDES THE TOTAL COUNT
OF THE EARLY BALLOTS BEING TRANSPORTED AND WHO DELIVER THE BALLOTS TO A
DESIGNATED RECEIVING SITE THAT IS AN OFFICIAL ELECTIONS FACILITY AND NOT A
THIRD-PARTY VENDOR. THE CHAIN OF CUSTODY LOG FOR EARLY BALLOTS
RETURNED AT VOTING LOCATIONS and designated ballot receptacles SHALL BE
AVAILABLE FOR INSPECTION BY THE PUBLIC, THE POLITICAL PARTIES, the COMMITTEES
REPRESENTING ANY BALLOT MEASURES ON THE BALLOT AND THE CANDIDATES ON THE BALLOT
WITHIN FORTY-EIGHT HOURS AFTER ELECTION DAY
.
END_STATUTE
Sec. 14. Section 16-1017, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-1017.
Unlawful acts by voters with respect to voting; classification
A voter who knowingly commits any of the following acts is
guilty of a class 2 misdemeanor:
1. Makes a false statement as to the voter's
inability to mark a ballot.
2. Interferes with a voter within the seventy-five
foot limit of
the polling place
a voting
center
as posted by the election marshal
, within the
seventy-five foot limit of a designated ballot receptacle
or
within seventy-five feet of the main outside entrance to an on-site
early voting location established by a county recorder pursuant to section 16-542,
subsection A.
3. Endeavors while within the seventy-five
foot limit for a
polling place
voting
center, designated ballot receptacle
or on-site early voting
location to induce a voter to vote for or against a particular candidate or
issue.
4.
Prior to
Before
the close of an election defaces or destroys a sample ballot posted by
election officers
,
or defaces, tears down, removes
or destroys a card of instructions posted for the instruction of voters.
5. Removes or destroys supplies or conveniences
furnished to enable a voter to prepare the voter's ballot.
6. Hinders the voting of others.
7. Votes in a county in which the voter no longer
resides, except as provided in section 16-125.
END_STATUTE
Sec. 15. Section 16-1018, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-1018.
Additional unlawful acts by persons with respect to voting;
classification
A person who commits any of the following acts is guilty of a
class 2 misdemeanor:
1. Knowingly electioneers on election day within a
polling place
voting location or within the
SEVENTY-five foot limit for a designated ballot receptacle
or in a
public manner within seventy-five feet of the main outside entrance of a
polling place
voting center
or on-site
early voting location established by a county recorder pursuant to section 16-542,
subsection A.
2. Intentionally disables or removes from the
polling place
voting center
, on-site
early voting location or custody of an election official a voting machine or a
voting record.
3. Knowingly removes an official ballot from a
polling place
voting location, on-site early
voting location or designated ballot RECEPTACLE
before closing the
polls.
4. Shows another voter's ballot to any person after
it is prepared for voting in such a manner as to reveal the contents, except to
an authorized person lawfully assisting the voter.� A voter who makes available
an image of the voter's own ballot by posting on the internet or in some other
electronic medium is deemed to have consented to retransmittal of that image
and that retransmittal does not constitute a violation of this section.
5. Knowingly solicits a voter to show the voter's
ballot, or receives from a voter a ballot prepared for voting, unless the
person is an election official or unless otherwise authorized by law.
6. Knowingly receives an official ballot from a
person other than an election official having charge of the ballots.
7. Knowingly delivers an official ballot to a voter,
unless the voter is an election official.
8. Except for a completed ballot transmitted by an
elector by fax or other electronic format pursuant to section 16-543,
knowingly places a mark on the voter's ballot by which it can be identified as
the one voted by the voter.
9. After having received a ballot as a voter,
knowingly fails to return the ballot to the election official before leaving
the
polling place
voting location
or
on-site early voting location.
10. KNOWINGLY INTERFERES WITH A VOTER
OR KNOWINGLY ENGAGES IN CONDUCT THAT IS DIRECTED AT ONE OR MORE PERSONS WHO ARE
DELIVERING OR ATTEMPTING TO DELIVER A VOTED BALLOT TO A LAWFUL RECIPIENT, a
voting location OR a designated ballot RECEPTACLE AND THAT CONSTITUTES
HARASSMENT AS PRESCRIBED IN SECTION 13-2921.
END_STATUTE
Sec. 16.
Appropriations;
secretary of state; elections; exemption
A. The sum of $1,000,000 is
appropriated from the state general fund in fiscal year 2026-2027 to the
secretary of state for:
1. Grants to assist
counties to purchase equipment needed to convert to the use of voting centers.
At least $500,000 shall be used for this purpose.
2. Participation in a
multistate electronic voter registration information center
.
3. Assistance for counties
in establishing text-based early voting tracking systems and a text-based
notice to cure system.
B. The sum of $1,000,000 is
appropriated from the state general fund in fiscal year 2026-2027 to the
secretary of state for information technology and cybersecurity programs that
support state and county elections.
C. The appropriations made
in subsections A and B of this section are exempt from the provisions of
section 35-190, Arizona Revised Statutes, relating to lapsing of
appropriations.
Sec. 17.
Short title
This act may be cited as the
"Voters First Act".