permanent early voting list

SB1344 - 572R - I Ver

REFERENCE TITLE:
permanent early voting list

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1344

Introduced by

Senators
Ortiz: Bravo, Diaz, Gabald�n, Hatathlie, Kuby, Sears, Sundareshan;�
Representatives Liguori, Sandoval

AN
ACT

amending sections 16-245, 16-411, 16-461,
16-510, 16-542 and 16-544, Arizona Revised Statutes; relating to elections.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. 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 for that household may also be
designated on the mailing face of the sample ballot.
END_STATUTE

Sec. 2. Section 16-411, Arizona Revised
Statutes, is amended to read:

START_STATUTE
16-411.

Designation of election precincts and polling places; 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
permanent
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 the use of voting centers in place of or in addition to
specifically designated polling places. 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 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. The board is not required to designate a polling
place 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. Except as provided in subsection F of this
section, a public school shall provide sufficient space for use as a polling
place for any city, county or state election when requested by the officer in
charge of elections.

F. The principal of the school may deny a request to
provide space for use as a polling place 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. 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. The board shall make available to the public as a
public record a list of the polling places for all precincts in which the
election is to be held.

I. Except in the case of an emergency, any facility
that is used as a polling place 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
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 before granting an emergency
designation. If the polling place is not on the website list of
polling places 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, shall highlight the polling
place 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 before granting an emergency designation.

J. For the purposes of this section, a county
recorder or other officer in charge of elections shall designate a polling
place as an emergency polling place 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 if any of the following occurs:

1. An act of God renders a previously set polling
place 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 that are willing to be a polling place unless a facility can be given
an emergency designation.

K. 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. 3. 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. 4. 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, 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. 5. 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 establish on-site early
voting locations at the 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 recorder deems necessary.� 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. 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. 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. 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. 6. Section 16-544, Arizona Revised
Statutes, is amended to read:

START_STATUTE
16-544.

Permanent early voting list; civil penalty; violation;
classification

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 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