SB 1069 — permanent early voting list; eligibility
Last action — FAILED
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 55th Legislature - 1st Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
661 added · 573 removedPlain-language change summary
The recent changes to SB 1069 involve updates to the eligibility and management of the permanent early voting list in Arizona. Specifically, it now clarifies the process for voters who wish to be included on this list, emphasizing that they must submit a written request to be added. This change matters because it helps ensure that only those who actively want to participate in early voting are included on the list, potentially improving the integrity and organization of the voting process.
SB1069 - 551R - S-Government-ProposedS Ver Fifty-fifth Legislature GovernmentSenate FirstEngrossed Regular Session permanent S.B.early voting list;
eligibility PROPOSED State of Arizona Senate Fifty-fifth Legislature First Regular Session SENATE AMENDMENTSBILL TO1069 S.B. AN ACT amending sections 16-168, 16-245, 16-411, 16-461, 16-510 and 16-544, Arizona Revised Statutes;
1069relating (Reference to printedearly bill)voting. Page 1, between lines 1 and 2, insert "Section 1.
(TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona:
Section 1.
START_STATUTE16-168. PrecinctSTART_STATUTE16-168. registers;
Precinct registers;
classification A. ByA. the tenth day preceding the primary and general elections the county recorder shall prepare from the original registration forms or from electronic media at least four lists that are printed or typed on paper, or at least two electronic media poll lists, or any combination of both, of all qualified electors in each precinct in the county, and the lists shall be the official precinct registers.
B. TheBy officialthe precincttenth registersday forpreceding usethe atprimary and general elections the pollingcounty placerecorder shall containprepare atfrom least the namesoriginal inregistration full,forms partyor preference,from dateelectronic ofmedia registrationat andleast residencefour addresslists ofthat eachare qualifiedprinted electoror intyped theon respectivepaper, precincts. Theor namesat shallleast betwo inelectronic alphabeticalmedia orderpoll and,lists, inor aany columncombination toof theboth, left of theall names,qualified shallelectors bein numberedeach consecutivelyprecinct beginningin withthe numbercounty, 1and inthe eachlists shall be the official precinct register.registers.
C. ForB. the purposes of transmitting voter registration information as prescribed by this subsection, electronic media shall be the principal media. A county or state chairman who is eligible to receive copies of precinct lists as prescribed by this subsection may request that the recorder provide a paper copy of the precinct lists. In addition to preparing the official precinct lists, the county recorder shall provide a means for electronically reproducing the precinct lists. Unless otherwise agreed, the county recorder shall deliver one electronic media copy of each precinct list in the county without charge and on the same day within eight days after the close of registration for the primary and general elections to the county chairman and one electronic media copy to the state chairman of each party that has at least four candidates other than presidential electors appearing on the ballot in that county at the current election. The secretary of state shall establish a single format that prescribes the manner and template in which all county recorders provide this data to the secretary of state to ensure that the submissions are uniform from all counties in this state, that all submissions are identical in format, including the level of detail for voting history, and that information may readily be combined from two or more counties. The electronic media copies of the precinct lists that are delivered to the party chairmen shall include for each elector the following information:
1. NameThe official precinct registers for use at the polling place shall contain at least the names in fullfull, party preference, date of registration and appropriateresidence title.address of each qualified elector in the respective precincts.
2. PartyThe preference.names shall be in alphabetical order and, in a column to the left of the names, shall be numbered consecutively beginning with number 1 in each precinct register.
3. DateC. of registration.
4. ResidenceFor address.the purposes of transmitting voter registration information as prescribed by this subsection, electronic media shall be the principal media.
5. MailingA address,county ifor differentstate fromchairman residencewho address.is eligible to receive copies of precinct lists as prescribed by this subsection may request that the recorder provide a paper copy of the precinct lists.
6. ZipIn code.addition to preparing the official precinct lists, the county recorder shall provide a means for electronically reproducing the precinct lists. Unless otherwise agreed, the county recorder shall deliver one electronic media copy of each precinct list in the county without charge and on the same day within eight days after the close of registration for the primary and general elections to the county chairman and one electronic media copy to the state chairman of each party that has at least four candidates other than presidential electors appearing on the ballot in that county at the current election. The secretary of state shall establish a single format that prescribes the manner and template in which all county recorders provide this data to the secretary of state to ensure that the submissions are uniform from all counties in this state, that all submissions are identical in format, including the level of detail for voting history, and that information may readily be combined from two or more counties.
7. TelephoneThe numberelectronic ifmedia given.copies of the precinct lists that are delivered to the party chairmen shall include for each elector the following information:
8. Birth1. year.
9. OccupationName ifin given.full and appropriate title.
10. Voting2. history for all elections in the prior four years and any other information regarding registered voters that the county recorder or city or town clerk maintains electronically and that is public information.
11. AllParty datapreference. relating to permanent early voters and nonpermanent early voters, including ballot requests and ballot returns.
D. The3. names on the precinct lists shall be in alphabetical order and the precinct lists in their entirety, unless otherwise agreed, shall be delivered to each county chairman and each state chairman within ten business days of the close of each date for counting registered voters prescribed by subsection G of this section other than the primary and general election registered voter counts in the same format and media as prescribed by subsection C of this section. During the thirty‑three days immediately preceding an election and on request from a county or state chairman, the county recorder shall provide at no cost a daily list of persons who have requested an early ballot and shall provide at no cost a weekly listing of persons who have returned their early ballots. The recorder shall provide the daily and weekly information through the Friday preceding the election. On request from a county chairman or state chairman, the county recorder of a county with a population of more than eight hundred thousand persons shall provide at no cost a daily listing of persons who have returned their early ballots. The daily listing shall be provided Mondays through Fridays, beginning with the first Monday following the start of early voting and ending on the Monday before the election.
E. PrecinctDate registers and other lists and information derived from registration forms may be used only for purposes relating to a political or political party activity, a political campaign or an election, for revising election district boundaries or for any other purpose specifically authorized by law and may not be used for a commercial purpose as defined in section 39‑121.03. The sale of registers,registration. lists and information derived from registration forms to a candidate or a registered political committee for a use specifically authorized by this subsection does not constitute use for a commercial purpose. The county recorder, the secretary of state and other officers in charge of elections, on a request for an authorized use and within thirty days from receipt of the request, shall prepare additional copies of an official precinct list and furnish them to any person requesting them on payment of a fee equal to the following amounts for the following number of voter registration records provided:
1. For4. one to one hundred twenty‑four thousand nine hundred ninety‑nine records, ninety-three dollars seventy‑five cents plus $0.0005 per record.
2. ForResidence oneaddress. hundred twenty‑five thousand to two hundred forty‑nine thousand nine hundred ninety‑nine records, one hundred fifty-six dollars twenty‑five cents plus $0.000375 per record.
3. For5. two hundred fifty thousand to four hundred ninety‑nine thousand nine hundred ninety‑nine records, two hundred three dollars thirteen cents plus $0.00025 per record.
4. ForMailing fiveaddress, hundredif thousanddifferent tofrom nineresidence hundredaddress. ninety‑nine thousand nine hundred ninety‑nine records, two hundred sixty‑five dollars sixty‑three cents plus $0.000125 per record.
5. For6. one million or more records, three hundred twenty‑eight dollars thirteen cents plus $0.0000625 per record.
F. AnyZip personcode. in possession of a precinct register or list, in whole or part, or any reproduction of a precinct register or list, shall not permit the register or list to be used, bought, sold or otherwise transferred for any purpose except for uses otherwise authorized by this section. A person in possession of information derived from voter registration forms or precinct registers shall not distribute, post or otherwise provide access to any portion of that information through the internet except as authorized by subsection I of this section. Nothing in this section shall preclude public inspection of voter registration records at the office of the county recorder for the purposes prescribed by this section, except that the month and day of birth date, the social security number or any portion thereof, the driver license number or nonoperating identification license number, the Indian census number, the father's name or mother's maiden name, the state or country of birth and the records containing a voter's signature and a voter's e-mail address shall not be accessible or reproduced by any person other than the voter, by an authorized government official in the scope of the official's duties, for any purpose by an entity designated by the secretary of state as a voter registration agency pursuant to the national voter registration act of 1993 (P.L.
103‑31;7.
Telephone number if given.
8.
Birth year.
9.
Occupation if given.
10.
Voting history for all elections in the prior four years and any other information regarding registered voters that the county recorder or city or town clerk maintains electronically and that is public information.
11.
All data relating to permanent early voters and nonpermanent early voters, including ballot requests and ballot returns.
D.
Show all 330 changed lines (290 more)
The names on the precinct lists shall be in alphabetical order and the precinct lists in their entirety, unless otherwise agreed, shall be delivered to each county chairman and each state chairman within ten business days of the close of each date for counting registered voters prescribed by subsection G of this section other than the primary and general election registered voter counts in the same format and media as prescribed by subsection C of this section. During the thirty-three days immediately preceding an election and on request from a county or state chairman, the county recorder shall provide at no cost a daily list of persons who have requested an early ballot and shall provide at no cost a weekly listing of persons who have returned their early ballots.
The recorder shall provide the daily and weekly information through the Friday preceding the election.
On request from a county chairman or state chairman, the county recorder of a county with a population of more than eight hundred thousand persons shall provide at no cost a daily listing of persons who have returned their early ballots.
The daily listing shall be provided Mondays through Fridays, beginning with the first Monday following the start of early voting and ending on the Monday before the election.
E.
Precinct registers and other lists and information derived from registration forms may be used only for purposes relating to a political or political party activity, a political campaign or an election, for revising election district boundaries or for any other purpose specifically authorized by law and may not be used for a commercial purpose as defined in section 39-121.03.
The sale of registers, lists and information derived from registration forms to a candidate or a registered political committee for a use specifically authorized by this subsection does not constitute use for a commercial purpose.
The county recorder, the secretary of state and other officers in charge of elections, on a request for an authorized use and within thirty days from receipt of the request, shall prepare additional copies of an official precinct list and furnish them to any person requesting them on payment of a fee equal to the following amounts for the following number of voter registration records provided:
1.
For one to one hundred twenty-four thousand nine hundred ninety-nine records, ninety-three dollars seventy-five cents plus $0.0005 per record.
2.
For one hundred twenty-five thousand to two hundred forty-nine thousand nine hundred ninety-nine records, one hundred fifty-six dollars twenty-five cents plus $0.000375 per record.
3.
For two hundred fifty thousand to four hundred ninety-nine thousand nine hundred ninety-nine records, two hundred three dollars thirteen cents plus $0.00025 per record.
4.
For five hundred thousand to nine hundred ninety-nine thousand nine hundred ninety-nine records, two hundred sixty-five dollars sixty-three cents plus $0.000125 per record.
5.
For one million or more records, three hundred twenty-eight dollars thirteen cents plus $0.0000625 per record.
F.
Any person in possession of a precinct register or list, in whole or part, or any reproduction of a precinct register or list, shall not permit the register or list to be used, bought, sold or otherwise transferred for any purpose except for uses otherwise authorized by this section.
A person in possession of information derived from voter registration forms or precinct registers shall not distribute, post or otherwise provide access to any portion of that information through the internet except as authorized by subsection I of this section. Nothing in this section shall preclude public inspection of voter registration records at the office of the county recorder for the purposes prescribed by this section, except that the month and day of birth date, the social security number or any portion thereof, the driver license number or nonoperating identification license number, the Indian census number, the father's name or mother's maiden name, the state or country of birth and the records containing a voter's signature and a voter's e-mail address shall not be accessible or reproduced by any person other than the voter, by an authorized government official in the scope of the official's duties, for any purpose by an entity designated by the secretary of state as a voter registration agency pursuant to the national voter registration act of 1993 (P.L.
103-31;
77), for signature verification on petitions and candidate filings, for election purposes and for news gathering purposes by a person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station or pursuant to a court order. Notwithstandingorder. any other law, a voter's e-mail address may not be released for any purpose. A person who violates this subsection or subsection E of this section is guilty of a class 6 felony.
G. TheNotwithstanding countyany recorderother shalllaw, counta thevoter's registerede-mail votersaddress bymay politicalnot partybe byreleased precinct,for legislativeany districtpurpose. andA congressionalperson districtwho asviolates follows:this subsection or subsection E of this section is guilty of a class 6 felony.
1. InG. even numbered years, the county recorder shall count all persons who are registered to vote as of:
(a) JanuaryThe 2.county recorder shall count the registered voters by political party by precinct, legislative district and congressional district as follows:
(b) April 1.
(c) TheIn lasteven daynumbered onyears, whichthe acounty personrecorder mayshall registercount toall bepersons eligiblewho are registered to vote inas theof: next primary election.
(d) The(a) lastJanuary day2. on which a person may register to be eligible to vote in the next general election.
(e) The(b) lastApril day1. on which a person may register to be eligible to vote in the next presidential preference election.
2. In(c) oddThe numberedlast years,day theon countywhich recordera shallperson countmay allregister personsto whobe areeligible registered to vote asin of:the next primary election.
(a) January(d) 2.The last day on which a person may register to be eligible to vote in the next general election.
(b) April(e) 1.The last day on which a person may register to be eligible to vote in the next presidential preference election.
(c) July2. 1.
(d) OctoberIn 1.odd numbered years, the county recorder shall count all persons who are registered to vote as of:
H. The(a) countyJanuary recorder2. shall report the totals to the secretary of state as soon as is practicable following each of the dates prescribed in subsection G of this section. The report shall include completed registration forms returned in accordance with section 16‑134, subsection B. The county recorder shall also provide the report in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county recorders. The secretary of state shall then prepare a summary report for the state and shall maintain that report as a permanent record.
I. The(b) countyApril recorder1. and the secretary of state shall protect access to voter registration information in an auditable format and method specified in the secretary of state's electronic voting system instructions and procedures manual that is adopted pursuant to section 16‑452.
J. The(c) secretaryJuly of1. state shall develop and administer a statewide database of voter registration information that contains the name and registration information of every registered voter in this state. The statewide database is a matter of statewide concern and is not subject to modification or further regulation by a political subdivision. The database shall include an identifier that is unique for each individual voter. The database shall provide for access by voter registration officials and shall allow expedited entry of voter registration information after it is received by county recorders. As a part of the statewide voter registration database, county recorders shall provide for the electronic transmittal of that information to the secretary of state on a real time basis. The secretary of state shall provide for maintenance of the database, including provisions regarding removal of ineligible voters that are consistent with the national voter registration act of 1993 (P.L.
103‑31;(d) October 1.
H.
The county recorder shall report the totals to the secretary of state as soon as is practicable following each of the dates prescribed in subsection G of this section.
The report shall include completed registration forms returned in accordance with section 16-134, subsection B.
The county recorder shall also provide the report in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county recorders.
The secretary of state shall then prepare a summary report for the state and shall maintain that report as a permanent record.
I.
The county recorder and the secretary of state shall protect access to voter registration information in an auditable format and method specified in the secretary of state's electronic voting system instructions and procedures manual that is adopted pursuant to section 16-452.
J.
The secretary of state shall develop and administer a statewide database of voter registration information that contains the name and registration information of every registered voter in this state.
The statewide database is a matter of statewide concern and is not subject to modification or further regulation by a political subdivision.
The database shall include an identifier that is unique for each individual voter.
The database shall provide for access by voter registration officials and shall allow expedited entry of voter registration information after it is received by county recorders. As a part of the statewide voter registration database, county recorders shall provide for the electronic transmittal of that information to the secretary of state on a real time basis.
The secretary of state shall provide for maintenance of the database, including provisions regarding removal of ineligible voters that are consistent with the national voter registration act of 1993 (P.L.
103-31;
52 United States Code sections 20501 through 20511) and the help America vote act of 2002 (P.L. 107‑252;(P.L. 107-252;
116 Stat.
52 United States Code sections 20901 through 21145), provisions regarding removal of duplicate registrations and provisions to ensure that eligible voters are not removed in error. Forerror. the purpose of maintaining compliance with the help America vote act of 2002, each county voter registration system is subject to approval by the secretary of state for compatibility with the statewide voter registration database system.
K. ExceptFor asthe providedpurpose in subsection L of thismaintaining section,compliance forwith requests for the usehelp ofAmerica registrationvote formsact andof access2002, toeach informationcounty asvoter providedregistration insystem subsectionsis Esubject andto Fapproval ofby this section, the countysecretary recorderof shallstate receivefor andcompatibility respondwith tothe requestsstatewide regardingvoter federal,registration statedatabase andsystem. county elections.
L. BeginningK. January 1, 2008, recognized political parties shall request precinct lists and access to information as provided in subsections E and F of this section during the time periods prescribed in subsection C or D of this section and the county recorder shall receive and respond to those requests. If the county recorder does not provide the requested materials within the applicable time prescribed for the county recorder pursuant to subsection C or D of this section, a recognized political party may request that the secretary of state provide precinct lists and access to information as provided in subsections E and F of this section for federal, state and county elections. The secretary of state shall not provide access to precinct lists and information for recognized political parties unless the county recorder has failed or refused to provide the lists and materials as prescribed by this section. The secretary of state may charge the county recorder a fee determined by rule for each name or record produced.
M. ForExcept municipalas registrationprovided information in thosesubsection municipalitiesL inof whichthis thesection, countyfor administersrequests for the municipaluse elections,of countyregistration andforms state party chairmen shall request and obtainaccess voterto registration information andas precinctprovided lists from the city or town clerk during the time periods prescribed in subsectionsubsections CE orand DF of this section. If the city or town clerk does not provide that information within the same time prescribed for county recorders pursuant to subsection C or D of this section, the county or state party chairman may request and obtain the information from the county recorder. The county recorder shall providereceive the municipal voter registration and precinctrespond liststo withinrequests theregarding timefederal, prescribedstate inand subsectioncounty Celections. or D of this section.
N. TheL. county recorders and the secretary of state shall not prohibit any person or entity prescribed in subsection C of this section from distributing a precinct list to any person or entity that is deemed to be using the precinct list in a lawful manner as prescribed in subsections E and F of this section.
END_STATUTEBeginning Sec.January 1, 2008, recognized political parties shall request precinct lists and access to information as provided in subsections E and F of this section during the time periods prescribed in subsection C or D of this section and the county recorder shall receive and respond to those requests.
2. SectionIf 16-245,the Arizonacounty Revisedrecorder Statutes,does isnot amendedprovide the requested materials within the applicable time prescribed for the county recorder pursuant to read:subsection C or D of this section, a recognized political party may request that the secretary of state provide precinct lists and access to information as provided in subsections E and F of this section for federal, state and county elections.
START_STATUTE16-245. FormThe andsecretary content of ballotstate A. Ballotsshall andnot ballotprovide labelsaccess forto theprecinct presidentiallists preferenceand electioninformation shallfor berecognized printedpolitical onparties differentunless coloredthe papercounty orrecorder whitehas paperfailed withor arefused differentto coloredprovide stripethe forlists eachand partymaterials representedas onprescribed theby presidentialthis preferencesection. electionThe ballot. Onlysecretary oneof partystate may becharge represented on each ballot. At the topcounty shallrecorder bea printedfee "officialdetermined ballotby ofrule thefor ______________each party,name presidentialor preferencerecord electionproduced. (date), county of _______, state of Arizona".
B. TheM. 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. TheFor officermunicipal registration information in chargethose ofmunicipalities electionsin shallwhich providethe acounty sampleadministers ballotthe proofmunicipal toelections, thecounty and state committeeparty chairmanchairmen ofshall eachrequest qualifiedand candidate'sobtain statevoter committeeregistration noinformation laterand thanprecinct fivelists daysfrom afterthe receiptcity ofor thetown certificationclerk fromduring the secretarytime periods prescribed in subsection C or D of state.this section.
D. TheIf officer in charge of elections shall mail one sample ballot of each party represented on the presidentialcity preferenceor electiontown ballotclerk todoes eachnot householdprovide that containsinformation awithin registered voter of that political party unless that registered voter is on the permanentsame earlytime votingprescribed listfor establishedcounty recorders pursuant to sectionsubsection 16-544. TheC returnor addressD on the sample ballot mailer shall not contain the name of anythis electedsection, or appointed official, and the namecounty of an appointed or electedstate officialparty shallchairman notmay berequest usedand toobtain indicatethe whoinformation producedfrom the samplecounty ballot.recorder.
E. TheThe mailingcounty facerecorder of each sample ballot shall beprovide imprinted with the greatmunicipal sealvoter ofregistration theand stateprecinct oflists Arizonawithin with the wordstime "officialprescribed votingin materials‑-‑presidentialsubsection preferenceC election". Theor pollingD place for that household may also be designated on the mailing face of thethis samplesection. ballot.
END_STATUTEN. Sec. 3. Section 16-411, Arizona Revised Statutes, is amended to read:
START_STATUTE16-411. DesignationThe county recorders and the secretary of electionstate precinctsshall not prohibit any person or entity prescribed in subsection C of this section from distributing a precinct list to any person or entity that is deemed to be using the precinct list in a lawful manner as prescribed in subsections E and pollingF places;of this section.
END_STATUTE Sec. 2.
Section 16-245, Arizona Revised Statutes, is amended to read:
START_STATUTE16-245.
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 later than five days after receipt of 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 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. 3.
Section 16-411, Arizona Revised Statutes, is amended to read:
START_STATUTE16-411.
Designation of election precincts and polling places;
wait times A. TheA. 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. The election precinct boundaries shall be so established as 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.
B. NotThe lessboard thanof twentysupervisors daysof beforeeach acounty, generalon or primarybefore election,October and1 atof leasteach tenyear dayspreceding beforethe year of a specialgeneral election, theby boardan order, shall designateestablish onea pollingconvenient placenumber withinof eachelection precinctprecincts wherein the county and define the boundaries of the precincts. The election precinct boundaries shall be held,so established as included within election districts prescribed by law for elected officers of the state and its political subdivisions including community college district precincts, except that:those elected officers provided for in titles 30 and 48.
1. OnB. 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. AdjacentNot precinctsless maythan betwenty combineddays ifbefore boundariesa sogeneral establishedor areprimary includedelection, in election districts prescribed by law for state elected officials and politicalat subdivisionsleast includingten communitydays collegebefore districtsa butspecial notelection, includingthe electedboard officialsshall prescribeddesignate byone titlespolling 30place andwithin 48. Theeach officer in charge of elections may also split a precinct forwhere administrativethe purposes. election The polling places shall be listedheld, inexcept separatethat: sections of the order or resolution.
3. On1. a specific finding of the board that the number of persons who are listed as permanent early voters pursuant to section 16‑544 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. OnOn a specific resolutionfinding of the board, theincluded boardin may authorize the useorder of voting centers in place of or inresolution additiondesignating to specifically designated polling places. Aplaces votingpursuant center shall allow any voter in that county to receivethis thesubsection, appropriate ballot for that voterno onsuitable electionpolling dayplace afteris presentingavailable identificationwithin asa prescribedprecinct, ina sectionpolling 16‑579place andfor tothat lawfullyprecinct cast the ballot. Voting centers may be establisheddesignated inwithin coordinationan andadjacent consultationprecinct. with the county recorder, at other county offices or at other locations in the county deemed appropriate.
5. On2. 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) TheAdjacent boardprecincts shallmay specifybe combined if boundaries so established are included in theelection resolutiondistricts theprescribed locationby law for state elected officials and thepolitical hourssubdivisions ofincluding operationcommunity ofcollege thedistricts emergencybut votingnot centers.including elected officials prescribed by titles 30 and 48.
(b) AThe 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 allowalso split a qualifiedprecinct electorfor toadministrative updatepurposes. theThe elector'spolling voterplaces registrationshall informationbe aslisted provided for in theseparate secretarysections of state'sthe instructionsorder andor proceduresresolution. manual adopted pursuant to section 16‑452.
(c) If3. 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. IfOn thea boardspecific failsfinding to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peaceboard inthat the precinct,number two days before the election, by an order, copies of whichpersons thewho justiceare oflisted theas peacepermanent shallearly immediatelyvoters postpursuant into threesection public16-544 places in the precinct, shall designate the place within the precinct for holding the election. If there is nolikely justice of the peace in the precinct, or if the justice of the peace fails to dosubstantially so,reduce the electionnumber board of thevoters precinctappearing shallat designateone andor givemore noticespecific ofpolling theplaces placeat withinthat theelection, precinctadjacent ofprecincts holdingmay thebe election. Forconsolidated anyby electioncombining 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 electionelection. if all of the following apply:
1. AllThe affectedboard votersof aresupervisors notifiedshall byensure mailthat a reasonable and adequate number of thepolling changeplaces atwill leastbe thirty‑threedesignated daysfor beforethat election. Any consolidated polling places shall be listed in separate sections of the election.order or resolution of the board.
2. Notice4. 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. AllOn affecteda votersspecific receiveresolution informationof onthe earlyboard, votingthe thatboard includesmay authorize the applicationuse usedof tovoting requestcenters anin earlyplace votingof ballot.or in addition to specifically designated polling places.
D. TheA boardvoting iscenter notshall requiredallow toany designatevoter ain pollingthat placecounty forto specialreceive districtthe mailappropriate ballot electionsfor heldthat pursuantvoter toon articleelection 8.1day ofafter thispresenting chapter,identification butas theprescribed boardin maysection designate16-579 oneand or more sites for voters to depositlawfully markedcast ballotsthe untilballot. 7:00 p.m.
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.
E. ExceptE. 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. TheExcept principalas ofprovided thein schoolsubsection mayF denyof this section, a requestpublic toschool shall provide sufficient space for use as a polling place for any city, county or state election if,when withinrequested twoby weeks after a request has been made, the principalofficer provides a written statement indicating a reason the election cannot be held in thecharge school, including any of theelections. following:
1. SpaceF. is not available at the school.
2. TheThe safetyprincipal of the school may deny a request to provide space for use as a polling place for any city, county or welfarestate ofelection if, within two weeks after a request has been made, the childrenprincipal wouldprovides a written statement indicating a reason the election cannot be jeopardized.held in the school, including any of the following:
G. The1. 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.
H. ExceptSpace 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 shall not beavailable construed to permit 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 reasonschool. 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 permitted 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.
I. For2. 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. AnThe actsafety ofor Godwelfare rendersof athe previouslychildren setwould pollingbe placejeopardized. as unusable.
2. AG. 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.
J. TheThe secretaryboard of state shall providemake throughavailable the instructions and procedures manual adopted pursuant to section 16‑452 the maximumpublic allowableas waita timepublic forrecord anya electionlist thatof isthe subjectpolling toplaces section 16‑204 and provide for aall methodprecincts to reduce voter wait time at the polls in thewhich primary and general elections. The method shall consider at least all of the followingelection foris primaryto andbe generalheld. elections in each precinct:
1. TheH. number of ballots voted in the prior primary and general elections.
2. TheExcept numberin the case of registeredan votersemergency, whoany votedfacility 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 priorseventy-five primaryfoot limit prescribed by section 16-515 in public areas and generalparking elections.lots used by voters.
3. TheThis numbersubsection shall not be construed to permit the temporary or permanent construction of registeredstructures votersin public areas and parking lots or the numberblocking ofor registeredother votersimpairment whoof castaccess anto earlyparking ballotspaces for thevoters. currentThe primarycounty recorder or generalother election.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.
4. TheIf numberthe polling place is not on the website list of electionpolling boardplaces memberswith emergency designations, electioneering and clerksother political activity shall be permitted 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 rostersattempts that willwere reducemade voterto waitfind timea atpolling theplace polls.before granting an emergency designation.
END_STATUTEI. Sec. 4. Section 16-461, Arizona Revised Statutes, is amended to read:
START_STATUTE16-461. SampleFor primarythe electionpurposes ballots;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.
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 election board members and clerks and the number of rosters that will reduce voter wait time at the polls.
END_STATUTE Sec. 4.
Section 16-461, Arizona Revised Statutes, is amended to read:
START_STATUTE16-461.
Sample primary election ballots;
preparation, printing and distribution of ballot A. AtA. least forty‑five days before a primary election, the officer in charge of that election shall:
1. PrepareAt least forty-five days before a proofprimary election, the officer in charge of athat sampleelection ballot.shall:
2. Submit1. the sample ballot proof of each party to the county chairman or in city or town primaries to the city or town chairman.
3. MailPrepare a sample ballot proof toof each candidate for whom a nominationsample paperballot. and petitions have been filed.
B. Within2. five days after receipt of the sample ballot, the county chairman of each political party shall suggest to the election officer any change the chairman considers should be made in the chairman's party ballot, and if upon examination the election officer finds an error or omission in the ballot the officer shall correct it. The election officer shall cause the sample ballots to be printed and distributed 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. NotSubmit laterthe thansample fortyballot daysproof beforeof aeach primaryparty election,to the county chairman ofor ain politicalcity partyor maytown requestprimaries oneto sample primary election ballot of the chairman'scity partyor fortown eachchairman. election precinct.
D. The3. 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 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. ForMail city and town elections, the governing body of a city or town may have printed mailer‑type sample ballotsballot forproof ato primaryeach election. candidate If the city or town has printed such sample ballots, the city or town shall provide for thewhom distributiona ofnomination suchpaper ballots and shallpetitions bearhave thebeen expensefiled. of printing and distribution of such sample ballots.
F. TheB. 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. TheWithin greatfive sealdays after receipt of the statesample ballot, the county chairman of Arizonaeach political party shall besuggest imprintedto alongthe withelection officer any change the wordschairman "officialconsiders votingshould materials"be onmade in the mailingchairman's faceparty ofballot, eachand sampleif ballot. upon Inexamination county,the cityelection officer finds an error or townomission electionsin the sealballot ofthe suchofficer jurisdictionshall correct it. The election officer shall cause the sample ballots to be substitutedprinted forand thedistributed stateas seal.END_STATUTErequired Sec. 5. Sectionby 16-510,law, Arizonashall Revisedmaintain Statutes,a iscopy amendedof toeach read:sample ballot and shall post a notice indicating that sample ballots are available on request.
START_STATUTE16-510. SampleThe ballots;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.
preparationFor andvoters distributionwho A. Beforeare printingnot theregistered samplewith ballotsa forparty thethat generalis electionentitled theto boardcontinued ofrepresentation supervisorson shallthe sendballot pursuant to eachsection candidate16-804, whosethe nameelection didofficer notmay appearprint onand distribute the precedingrequired primarysample electionballots ballotin aan ballotalternative proofformat, ofincluding thea samplereduced ballotsize forformat. the candidate's review.
B. TheC. 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. TheNot boardlater ofthan supervisorsforty shalldays havebefore printed mailer‑type sample ballots for a generalprimary electionelection, andthe shallcounty mailchairman atof leasta elevenpolitical daysparty beforemay therequest election one such sample ballotprimary toelection eachballot householdof in the countychairman's containingparty afor registeredeach voterelection unlessprecinct. that registered voter is on the permanent early voting list established pursuant to section 16‑544. Each sample ballot shall contain the following statement:
"ThisD. 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 such sample ballot actually mailed, and the secretary of state shall direct payment of such authenticated claim from funds of his office.
D. ForThe cityboard and town elections, the governing body of asupervisors cityshall or town may have printed mailer‑typemailer-type sample ballots for a generalprimary election. Ifelection theand cityshall ormail townat hasleast printedeleven suchdays before the election one sample ballots,ballot theof citya orpolitical townparty shallto provideeach forhousehold thecontaining distributiona registered voter of suchthat ballotspolitical andparty shallunless bearthat registered voter is on the expensepermanent ofearly printingvoting andlist distributingestablished suchpursuant sampleto ballots.section 16-544.
E. ForEach special district elections, the governing body of a special district may have printed mailer‑type sample ballots. Ifballot the special district has printed such sample ballots, the special district shall providecontain for the distributionfollowing ofstatement: such"This ballotsis anda shall bear the expense of printing and distributing such sample ballots."END_STATUTEballot Renumber to conform Page 1, line 4, strike "Permanent" Lines 6, 9, 11, 13, 14, 22, 28, 32, and 37cannot strikebe "permanent"used Pageas 2,an linesofficial 19,ballot 20,under 21,any 25,circumstances". 31, 38 and 42 strike "permanent" Page 3, lines 1, 18, 26, and 28 strike "permanent" Lines 30, 36, 39, and 41 strike "permanent" Page 4, line strike "permanent" Lines 10, 11, 15, 17, 23 and 27 strike "permanent" Amend title to conform MICHELLE UGENTI-RITA 10691035.docx 01/20/2021 10:35 AM S:
MH/gsA 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 distribution of 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. 5.
Section 16-510, Arizona Revised Statutes, is amended to read:
START_STATUTE16-510.
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 a ballot proof of the sample ballot for the candidate's review.
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 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 such sample ballot actually mailed, and the secretary of state shall direct payment of such authenticated claim from funds of his 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. 6.
Section 16-544, Arizona Revised Statutes, is amended to read:
START_STATUTE16-544.
Early voting list;
civil penalty;
violation;
classification A.
Any voter may request to be included on a permanent list of voters to receive an early ballot 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 permanent early voting list as part of the voter registration roll.
B.
In order to be included on the permanent early voting list, the voter shall make a written request specifically requesting that the voter's name be added to the permanent early voting list for all elections in which the applicant is eligible to vote.
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 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 of 1986 (P.L. 99-410;
42 52 United States Code section 1973ff-6 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 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 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 and who are included on the 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 twentieth 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 permanent early voting list.
If the voter is removed from the permanent early voting list, the voter shall only be added to the 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 included on the 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 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 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 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 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 both the primary election and the general election for two consecutive primary and general elections for which there was a federal, statewide or legislative race 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 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 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 of (P.L. 99-410;
42 52 United States Code section 1973ff-6 20310) is eligible to be placed on the 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 permanent early voting list, except that A county recorder shall remove a voter from the early voting list if the voter fails to vote using an early ballot in both the primary election and the general election for two consecutive primary and general elections for which there was a federal, statewide or legislative race on the ballot.
L.
By December 1 of each even-numbered year, the county recorder or other officer in charge of elections shall send a notice to each voter who is on the early voting list and who did not vote an early ballot in both the primary election and the general election for the two most recent general elections for federal office.
The notice shall inform the voter that if the voter wishes to remain on the 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 early voting list.
2.
Return the completed notice to the county recorder or other officer in charge of elections within thirty 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 thirty-day period, the county recorder or other officer in charge of elections shall remove the voter's name from the early voting list.
L.
N.
A candidate, political committee or other organization may distribute permanent early voting list request forms to voters.
If the 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 permanent early voting list request.
M.
O.
All original and completed 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 permanent early voting list request form within the prescribed time is subject to a civil penalty of up to twenty-five dollars $25 per day for each completed form withheld from submittal.
Any person who knowingly fails to submit a completed 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.
END_STATUTE
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Action History
-
FAILED
-
DPA
-
DPA
-
Senate Second Reading
-
Senate First Reading
-
Prefiled.
Sponsors
- Michelle B. Ugenti-Rita · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on · 15 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 0 | 3 | 0 | 0 |
| Unaffiliated | 8 | 12 | 0 | 0 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 15 | 15 | 0 | 0 |
| % of votes cast | 50% | 50% | 0% | 0% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Christine Marsh | — | Nay |
| Jamescita Peshlakai | — | Nay |
| Juan Mendez | — | Nay |
| Karen Fann | — | Yea |
| Kelly Townsend | — | Yea |
| Kirsten Engel | — | Nay |
| Lisa Otondo | — | Nay |
| Martin Quezada | — | Nay |
| Michelle B. Ugenti-Rita | — | Yea |
| Nancy Barto | — | Yea |
| Paul Boyer | — | Nay |
| Rebecca Rios | — | Nay |
| Rick Gray | — | Yea |
| Rosanna Gabaldon | — | Nay |
| Sean Bowie | — | Nay |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Tony Navarrete | — | Nay |
| Tyler Pace | — | Yea |
| Victoria Steele | — | Nay |
| Lela Alston | Democrat | Nay |
| Lupe Contreras | Democrat | Nay |
| Sally Ann Gonzales | Democrat | Nay |
| David Gowan | Republican | Yea |
| David Livingston | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Venden "Vince" Leach | Republican | Yea |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 1069?
- SB 1069 is sponsored by Michelle B. Ugenti-Rita.
- What is the current status of SB 1069?
- This bill died with 55th Legislature - 1st Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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