HB 2289 — challengers; polling places; tabulation observation

Sec.

3.

Section 16-246, Arizona Revised Statutes, is amended to read:

16-246.

Absentee balloting;

satellite locations;

special election boards A.

Within ninety-three days before the presidential preference election and not later than 5:00 p.m.

on the eleventh day preceding the -2- Senate Amendments to H.B.

2289 election, any elector who is eligible to vote in the presidential preference election may make a verbal or signed, written request for an official early ballot to the county recorder or other officer in charge of elections for the county in which the elector is registered to vote.

If the request is verbal, the requesting elector shall provide the date of birth and birthplace or other information that if compared to the voter registration records for that elector would confirm the identity of the elector.

B.

A.

Absent uniformed services voters or overseas voters who are otherwise eligible to vote in the election may vote as prescribed by sections 16-543 and 16-543.02.

C.

B.

The county recorder or other officer in charge of elections may SHALL establish ELECTION DAY on-site early voting locations at the office of the county recorder or at other locations in the county deemed necessary or appropriate by the recorder.

Early voting shall begin within the time limits prescribed in section 16-542 unless otherwise prescribed by this section.

D.

C.

The county recorder or other officer in charge of elections shall send by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification any early ABSENTEE ballots that are requested pursuant to subsections SUBSECTION A and B of this section and shall include a preaddressed envelope for the elector to return the completed ballot.

E.

D.

The county recorder or other officer in charge of elections shall provide to each election board an appropriate alphabetized list of voters who have requested and have been sent an early ABSENTEE ballot.

Any person who is on that list of voters and who was sent an early ABSENTEE ballot shall not vote at the polling place for that election precinct except as prescribed by section 16-579, subsection B.

F.

E.

The county recorder or other officer in charge of elections may provide for any of the following SPECIAL ELECTION BOARDS in the same manner prescribed by law for other elections.

-3- Senate Amendments to H.B.

2289 1.

Special election boards.

2.

Emergency balloting for persons who experience an emergency after 5:00 p.m.

on the Friday preceding the presidential preference election and before 5:00 p.m.

on the Monday immediately preceding the presidential preference election.

Before receiving a ballot pursuant to this paragraph, a person who experiences an emergency shall provide identification as prescribed in section 16-579 and shall sign a statement under penalty of perjury that states that the person is experiencing or experienced an emergency after 5:00 p.m.

on the Friday immediately preceding the election and before 5:00 p.m.

on the Monday immediately preceding the election that would prevent the person from voting at the polls.

Signed statements received pursuant to this subsection are not subject to inspection pursuant to title 39, chapter 1, article 2.

G.

Notwithstanding section 16-579, subsection A, paragraph 2, for emergency balloting pursuant to subsection F, paragraph 2 of this section, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452.

H.

Sections 16-550, 16-551 and 16-552 govern the use of early balloting for the presidential preference election.

Sec.

4.

Section 16-343, Arizona Revised Statutes, is amended to read:

16-343.

Filling vacancy caused by death or incapacity or withdrawal of candidate A.

A vacancy occurring due to death, mental incapacity or voluntary withdrawal of a candidate after the close of petition filing but before a primary or general election shall be filled by the political party with which the candidate was affiliated as follows:

1.

In the case of a United States senator or statewide candidate, the state executive committee of the candidate's political party shall nominate a candidate of the party's choice and shall file a nomination -4- Senate Amendments to H.B.

2289 paper and declaration complying with the requirements for candidates as stated in section 16-311 in order to fill the vacancy.

2.

In the case of a vacancy for the office of United States representative or the legislature, the party precinct committeemen of that congressional or legislative district shall nominate a candidate of the party's choice and shall file a nomination paper and declaration complying with the requirements of section 16-311.

3.

In the case of a vacancy for a county or precinct office, the party county committee of counties with a population of less than two hundred fifty thousand persons according to the most recent United States decennial census and, in counties with a population of two hundred fifty thousand persons or more according to the most recent United States decennial census the county officers of the party together with the chairman of the party precinct committeemen in each legislative district of the county, shall nominate a candidate of the party's choice and shall file a nomination paper and declaration complying with the requirements of section 16-311 to fill such vacancy.

4.

If the vacancy occurs in a candidate race for partisan nomination in which at least one candidate of the vacating candidate's political party remains on the ballot for the vacating candidate's office, the vacancy shall not be filled.

For an office to which more than one candidate will be elected, the vacancy shall not be filled if at least one candidate of the vacating candidate's political party remains on the ballot for each of the multiple seats for the office sought by the vacating candidate.

B.

The nomination paper and declaration required in subsection A of this section shall be filed with the office with which nomination petitions were to be filed at any time before the official ballots are printed.

C.

Any meetings for the purpose of filing a nomination paper and declaration provided for in this section shall be called by the chairman of such committee or legislative district, except that in the case of multicounty legislative or congressional districts the party county chairman of the county having the largest geographic area within such -5- Senate Amendments to H.B.

2289 district shall call such meeting.

The chairman or in his absence the vice chairman calling such meeting shall preside.

The call to such meeting shall be mailed or given in person to each person entitled to participate no NOT later than one day before such meeting.

A majority of those present and voting shall be required to fill a vacancy pursuant to this section.

D.

A vacancy that is due to voluntary or involuntary withdrawal of the candidate and that occurs following the printing of official ballots shall not be filled in accordance with this section, however, prospective candidates shall comply with section 16-312.

A candidate running as a write-in candidate under this subsection shall file the nomination paper no NOT later than 5:00 p.m.

on the fifth day before the election.

E.

Candidates nominated pursuant to subsection A of this section or a candidate running as a write-in candidate under subsection D of this section may be a candidate who ran in the immediately preceding primary election for the office and failed to be nominated.

F.

If a vacancy occurs as described in subsection A of this section for a state office, the secretary of state shall notify the various boards of supervisors as to the vacancy.

The boards of supervisors shall notify the inspectors of the various precinct election boards in the county, district or precinct where a vacancy occurs.

In the case of a city or town election, the city or town clerk shall notify the appropriate inspectors.

A vacancy that occurs as prescribed in subsection D of this section due to the death or incapacity of the candidate shall not be filled and the secretary of state shall notify the appropriate county board of supervisors to post a notice of the death or incapacity of the candidate in each polling place along with notice that any votes cast for that candidate will be tabulated.

G.

The inspectors shall post the notice of vacancy in the same manner as posting official write-in candidates.

In the case of a withdrawal of a candidate that occurs after the printing of official ballots, the inspectors shall post the notice of withdrawal in a conspicuous location in each polling place.

Notice of withdrawal shall -6- Senate Amendments to H.B.

2289 also be posted at all early voting locations and shall be made available to early ABSENTEE voters by providing with the early ABSENTEE ballot instructions a website address at which prompt updates to information regarding write-in and withdrawn candidates are available.

Sec.

5.

Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 16-410.01, to read:

16-410.01.

County recorder;

duties NOTWITHSTANDING ANY OTHER LAW, THE COUNTY RECORDER IS RESPONSIBLE ONLY FOR PROVIDING AN ADEQUATE NUMBER AND TYPE OF BALLOTS, PENS, TABLES AND OTHER EQUIPMENT AS NECESSARY FOR THE VARIOUS POLLING PLACES LOCATED IN PRECINCTS AS DETERMINED BY THE NUMBER OF REGISTERED VOTERS IN THE PRECINCTS.

THE COUNTY BOARD OF SUPERVISORS SHALL PERFORM OR SUPERVISE ALL OTHER ELECTION RELATED DUTIES.

Sec.

6.

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

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.

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.

THE BOARD OF SUPERVISORS MAY NOT ESTABLISH AN ELECTION PRECINCT THAT CONTAINS MORE THAN ONE THOUSAND FIVE HUNDRED REGISTERED VOTERS ON THE DATE THE ELECTION PRECINCT'S BOUNDARIES ARE ESTABLISHED.

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:

-7- Senate Amendments to H.B.

2289 1.

On a specific finding of the board, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for that precinct may be designated within an adjacent precinct.

2.

Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48.

The officer in charge of elections may also split a precinct for administrative purposes.

The polling places shall be listed in separate sections of the order or resolution.

3.

On a specific finding of the board that the number of persons who are listed as early voters pursuant to section 16-544 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 IN EACH PRECINCT 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 NOT 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:

-8- Senate Amendments to H.B.

2289 (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.

5.

THE BOARD OF SUPERVISORS MAY NOT CHANGE A POLLING PLACE UNLESS THE VOTERS IN THAT PRECINCT ARE NOTIFIED BY MAIL AT LEAST TWO YEARS IN ADVANCE THAT THE POLLING PLACE HAS CHANGED.

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 -9- Senate Amendments to H.B.

2289 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.

D.

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.

E.

WHENEVER POSSIBLE, THE BOARD OF SUPERVISORS SHALL USE PUBLIC SCHOOLS AND GOVERNMENTAL OFFICES AS POLLING PLACES.

ON REQUEST, SCHOOL DISTRICT GOVERNING BOARD MEMBERS, PRINCIPALS AND MANAGERS OF GOVERNMENTAL OFFICES SHALL ALLOW THEIR SITES TO BE USED AS POLLING PLACES.

G.

F.

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.

-10- Senate Amendments to H.B.

2289 H.

G.

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.

I.

H.

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 -11- Senate Amendments to H.B.

2289 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.

Sec.

7.

Section 16-442, Arizona Revised Statutes, is amended to read:

16-442.

Committee approval A.

The secretary of state shall appoint a committee of three persons, to consist of a member of the engineering college at one of the universities, a member of the state bar of Arizona and one person familiar with voting processes in the state, no NOT more than two of whom shall be of the same political party, and at least one of whom shall have at least five years of experience with and shall be able to render an opinion based on knowledge of, training in or education in electronic voting systems, procedures and security.

The committee shall investigate and test the various types of vote recording or tabulating machines or devices that may be used under this article.

The committee shall submit its recommendations to the secretary of state who shall make final adoption of the type or -12- Senate Amendments to H.B.

2289 types, make or makes, model or models to be certified for use in this state.

The committee shall serve without compensation.

B.

Machines or devices used at any election for federal, state or county offices may only be certified for use in this state and may only be used in this state if they comply with the help America vote act of 2002, and if those machines or devices THEY have been tested and approved by a laboratory that is accredited pursuant to the help America vote act of 2002 AND IF THEY ARE TO BE USED TO COMPLY WITH THE ACCESSIBILITY REQUIREMENTS PRESCRIBED BY SECTION 16-442.01.

EXCEPT AS REQUIRED TO COMPLY WITH SECTION 16-442.01, THE SECRETARY OF STATE MAY NOT APPROVE FOR GENERAL USE ELECTRONIC VOTING MACHINES AND ELECTRONIC TABULATING MACHINES.

C.

After consultation with the committee prescribed by subsection A of this section, the secretary of state shall adopt standards that specify the criteria for loss of certification for equipment that was used at any election for federal, state or county offices and that was previously certified for use in this state.

On loss of certification, machines or devices used at any election may not be used for any election for federal, state or county offices in this state unless recertified for use in this state.

D.

The secretary of state may SHALL revoke the certification of any voting system or device for use in a federal, state or county election in this state or may prohibit for up to five years the purchase, lease or use of any voting system or device leased, installed or used by a person or firm in connection with a federal, state or county election in this state, or both, if either of the following occurs:

1.

The person or firm installs, uses or permits ALLOWS the use of a voting system or device that is not certified for use or approved for experimental use in this state pursuant to this section.

2.

The person or firm uses or includes hardware, firmware or software in a version that is not certified for use or approved for experimental use pursuant to this section in a certified voting system or device.

-13- Senate Amendments to H.B.

2289 E.

The governing body of a city or town or the board of directors of an agricultural improvement district may adopt for use in elections any kind of electronic voting system or vote tabulating device approved by the secretary of state, and thereupon the voting or marking device and vote tabulating equipment may be used at any or all elections for voting, recording and counting votes cast at an election.

F.

The secretary of state or the governing body may provide for the experimental use of a voting system or device without a final adoption of the voting system or device, and its use at the election is as valid as if the machines had been permanently adopted.

G.

After consultation with the committee prescribed by subsection A of this section, the secretary of state may approve for emergency use an upgrade or modification to a voting system or device that is certified for use in this state if the governing body establishes in an open meeting that the election cannot be conducted without the emergency certification.

Any emergency certification shall be limited to no more than six months.

At the conclusion of the certification period the voting system or device shall be decertified and unavailable for future use unless certified in accordance with this section.

Sec.

8.

Section 16-442.01, Arizona Revised Statutes, is amended to read:

16-442.01.

Accessible voting technology;

recommendations;

certification;

applicability A.

On completion of the certification process pursuant to this section and section 16-442, the secretary of state shall require that voting systems that are used by entities that are governed by section 16-204, but not including cities and towns with a population of less than twenty thousand persons, provide persons who are blind or visually impaired with access to voting that is equivalent to that provided to persons who are not blind or visually impaired.

-14- Senate Amendments to H.B.

2289 B.

For the purposes of this section:

1.

A voting system that provides the voter with the ability to cast and verify by both visual and nonvisual methods all of the selections that were made by that voter is deemed to provide equivalent access.

2.

Nonvisual methods for casting and verifying a selection made on a voting system include the use of synthesized speech, braille and other output methods that do not require sight.

3.

ANY ELECTRONIC VOTING SYSTEMS AUTHORIZED BY THIS SECTION MAY NOT BE APPROVED FOR OR PROVIDED FOR GENERAL USE.

C.

The secretary of state shall consult with and obtain recommendations regarding voting systems from nonprofit organizations that represent persons who are blind or visually impaired, persons with expertise in accessible software, hardware and other technology, county and local election officials and other persons deemed appropriate by the secretary of state.

After receiving recommendations, the secretary of state shall submit to the committee established pursuant to section 16-442 one or more voting systems that provide equivalent access pursuant to this section for possible certification for use in this state.

D.

Subsection A of this section applies to voting systems that are purchased or upgraded on or after January 1, 2006.

Sec.

9.

Section 16-443, Arizona Revised Statutes, is amended to read:

16-443.

Authorization of use at all elections At all state, county, city or town elections, agricultural improvement district elections and primary AND GENERAL elections, ballots or votes may be cast, recorded and counted by voting or marking devices and vote tabulating devices as provided in this article, EXCEPT THAT ELECTRONIC VOTING AND ELECTRONIC OR OTHER TABULATING DEVICES MAY ONLY BE USED TO COMPLY WITH SECTION 16-442.01.

FOR ALL OTHER USES, FOR STATE, COUNTY, CITY OR TOWN ELECTIONS, ONLY PAPER BALLOTS MAY BE USED AND BALLOTS SHALL BE TABULATED BY HAND.

-15- Senate Amendments to H.B.

2289 Sec.

10.

Section 16-444, Arizona Revised Statutes, is amended to read:

16-444.

Definitions A.

In this article, unless the context otherwise requires:

1.

"Ballot" means a paper ballot on which votes are recorded.

2.

"Computer program" includes all programs and documentation adequate to process the ballots at an equivalent counting center.

3.

"Counting center" means POLLING PLACES AND one or more locations selected by the board of supervisors for the automatic counting of ABSENTEE ballots.

4.

"Electronic voting system" means a system in which ABSENTEE votes are recorded on a paper ballot by means of marking, and such ABSENTEE votes are subsequently counted and tabulated by vote tabulating equipment at one or more COUNTY ABSENTEE BALLOT counting centers CENTER.

5.

"E-pollbook" means an electronic system in which a voter is checked in and through which a voter's signature is recorded to indicate that the voter has voted.

6.

"Instructions and procedures manual" means the manual prepared for use as a guide for the conduct of elections by an approved electronic voting system, including, but not limited to, detailed instructions for the performance of each task relating to the collection of ballots and the counting of votes in a manner that will provide maximum security, efficiency and accuracy.

7.

6.

"Vote tabulating equipment" includes apparatus necessary to automatically examine and count votes as designated on ABSENTEE ballots and tabulate the results.

8.

7.

"Voting device" means an apparatus that the voter uses to record the voter's votes by marking a paper ballot, which votes are subsequently counted by electronic tabulating equipment HAND.

B.

The provisions of all state laws relating to elections not inconsistent with this article apply to all elections where electronic tabulating devices are used.

Any provision of law that conflicts with this -16- Senate Amendments to H.B.

2289 article does not apply to the elections in which electronic tabulating devices are used.

Sec.

11.

Repeal Section 16-445, Arizona Revised Statutes, is repealed.

Sec.

12.

Section 16-446, Arizona Revised Statutes, is amended to read:

16-446.

Specifications of electronic voting system A.

An electronic voting system consisting of a voting or marking device in combination with vote tabulating equipment THAT IS USED AS PRESCRIBED IN SECTION 16-442.01 shall provide facilities for voting for candidates at both primary and general elections.

B.

An electronic voting system shall:

1.

Provide for voting in secrecy when used with voting booths.

2.

Permit ALLOW each elector to vote at any election for any person for any office whether or not nominated as a candidate, to vote for as many persons for an office as the elector is entitled to vote for and to vote for or against any question on which the elector is entitled to vote, and the vote tabulating equipment shall reject choices recorded on the elector's ballot if the number of choices exceeds the number that the elector is entitled to vote for the office or on the measure.

3.

Prevent the elector from voting for the same person more than once for the same office.

4.

Be suitably designed for the purpose used and be of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and counting ballots.

5.

Be provided with means for sealing the voting or marking device against any further voting after the close of the polls and the last voter has voted.

6.

When properly operated, record correctly and count accurately every vote cast.

7.

Provide a durable paper document that visually indicates the voter's selections, that the voter may use to verify the voter's choices, -17- Senate Amendments to H.B.

2289 that may be spoiled by the voter if it fails to reflect the voter's choices and that permits ALLOWS the voter to cast a new ballot.

This paper document shall be used in manual audits and recounts.

8.

To the extent practicable, provide for the ballot layout to be in the same order of arrangement, including rotation, as provided for paper ballots, except that information may be printed in vertical or horizontal rows, or in a number of separate pages or screens that are placed or displayed on the voting device.

The titles of offices may be arranged in vertical columns or in a series of separate pages or screens and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected.

If there are more candidates for an office than can be printed in one column or on one ballot page or screen, the ballot shall be clearly marked that the list of candidates is continued on the following column, page or screen, and to the extent practicable, the same number of names shall be printed on each column, page or screen.

9.

Provide for a color designation for use in the primary election for each political party represented.

Sec.

13.

Section 16-448, Arizona Revised Statutes, is amended to read:

16-448.

Write-in votes;

instructions Whenever ballots are to be counted by electronic data processing equipment, TO BE COUNTED, all write-in votes for candidates, to be counted, shall be marked by the voter in the space provided opposite the names of the write-in candidates.

The instructions to voters printed on the ballots shall instruct the voter that the vote will not be counted unless the voter properly marks the ballot when writing in a candidate's name.

Sec.

14.

Section 16-449, Arizona Revised Statutes, is amended to read:

16-449.

Required test of equipment and programs;

notice A.

Within the period of time before the election day prescribed by the secretary of state in the instructions and procedures manual adopted -18- Senate Amendments to H.B.

2289 pursuant to section 16-452, The board of supervisors or other election officer in charge OF ELECTIONS, or for an election involving state or federal candidates, the secretary of state, shall have TEST the automatic tabulating equipment and programs tested USED FOR ABSENTEE BALLOTS to ascertain that the equipment and programs will correctly MARK AND count the votes cast for all offices and on all measures.

Public notice of the time and place of the test shall be given at least forty-eight hours prior thereto BEFORE THE TEST by publication once in one or more daily or weekly newspapers published in the town, city or village using such equipment, if a newspaper is published therein IN THE CITY, TOWN OR VILLAGE, otherwise in a newspaper of general circulation therein.

The test shall be observed by at least two election inspectors, who shall not be of the same political party, and shall be open to representatives of ALL OF the political parties, candidates, the press and the public.

The test shall be conducted by processing a preaudited group of ABSENTEE ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject such votes.

If any error is detected, the cause therefor FOR THE ERROR shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment and programs are IS approved.

A copy of a revised program shall be filed with the secretary of state within forty-eight hours after the revision is made.

If the error was created by automatic tabulating equipment malfunction, a report shall be filed with the secretary of state within forty-eight hours after the correction is made, stating the cause and the corrective action taken.

The test shall be repeated immediately before the start of the official count of the ballots in the same manner as set forth above.

After the completion of the count, the programs used and the ballots shall be sealed, retained and disposed of as provided for paper ballots.

-19- Senate Amendments to H.B.

2289 B.

Electronic ballot tabulating systems THAT ARE USED ONLY FOR TABULATING ABSENTEE BALLOTS shall be tested for logic and accuracy within seven days before their use for early balloting pursuant to the instructions and procedures manual for electronic voting systems that is adopted by the secretary of state as prescribed by section 16-452.

The instructions and procedures manual shall include procedures for the handling of ballots, the electronic scanning of ballots and any other matters necessary to ensure the maximum degree of correctness, impartiality and uniformity in the administration of an electronic ballot tabulating system.

C.

Notwithstanding subsections A and B of this section, if a county uses accessible voting equipment to mark ballots and that accessible voting equipment does not independently tabulate or tally votes, the secretary of state in cooperation with the county officer in charge of elections may designate a single date to test the logic and accuracy of both the accessible voting equipment and electronic ballot tabulating systems ANY OTHER EQUIPMENT OR DEVICES USED TO MARK THE BALLOTS.

Sec.

15.

Repeal Sections 16-450, 16-451 and 16-452, Arizona Revised Statutes, are repealed.

Sec.

16.

Section 16-461, Arizona Revised Statutes, is amended to read:

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.

-20- Senate Amendments to H.B.

2289 B.

Within 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 on examination the election officer finds an error or omission in the ballot the officer shall correct it.

The election officer shall cause PRINT AND DISTRIBUTE 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.

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 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 -21- Senate Amendments to H.B.

2289 provide for the distribution of such ballots and shall bear the expense of printing and distributing 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.

Sec.

17.

Repeal Sections 16-468 and 16-504, Arizona Revised Statutes, are repealed.

Sec.

18.

Title 16, chapter 4, article 6, Arizona Revised Statutes, is amended by adding a new section 16-504, to read:

16-504.

Anti-fraud ballot paper FOR THE REGULAR PRIMARY AND GENERAL ELECTIONS, THE BOARD OF SUPERVISORS SHALL USE BALLOT PAPER THAT INCLUDES A HOLOGRAM, AN IDENTIFIABLE SEQUENCE MARKING OR ANOTHER SIMILAR SYSTEM FOR PREVENTING FRAUD AND THAT ALLOWS A VOTER TO RECEIVE A UNIQUELY MARKED OR NUMBERED BALLOT.

Sec.

19.

Section 16-510, Arizona Revised Statutes, is amended to read:

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 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 -22- Senate Amendments to H.B.

2289 the election one such sample ballot to each household in the county containing a registered voter unless that registered voter is on the active 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.

Sec.

20.

Section 16-515, Arizona Revised Statutes, is amended to read:

16-515.

"Seventy-five foot limit" notices;

posting;

violation;

classification A.

Except as prescribed in this section and section 16-580, a person shall not be allowed to remain inside the seventy-five foot limit while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of that political party and the challengers allowed by law, and no electioneering may NOT occur within the seventy-five foot limit.

Voters -23- Senate Amendments to H.B.

2289 having cast their ballots shall promptly move outside the seventy-five foot limit.

B.

The board of supervisors shall furnish, with the ballots for each polling place, three notices, printed in letters not less than two inches high, with the heading:

"Seventy-five foot limit" and underneath that heading the following:

No person shall be allowed to remain inside these limits while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of such political party, and the challengers allowed by law.

Voters having cast their ballots shall at once retire without the seventy-five foot limit.

A person violating any provision of this notice is guilty of a class 2 misdemeanor.

C.

A minor voting in a simulated election at a polling place is subject to the same seventy-five foot limit restrictions prescribed for a voter.

Persons supervising or working in a simulated election in which minors vote may remain within the seventy-five foot limit of the polling place.

The inspector for the polling place shall exercise authority over all election and simulated election related activities at the polling place.

D.

For an election that is held by an Indian tribe and that is held at a polling place at the same time and on the same date as any other election, the following apply:

1.

A person who is voting is subject to the same seventy-five foot limit restrictions prescribed for other voters.

2.

An election official for the tribal election may remain within the seventy-five foot limit for the polling place.

-24- Senate Amendments to H.B.

2289 E.

With the permission of the voter, a minor may enter and remain within the seventy-five foot limit in order to accompany a voter into a polling place, an on-site early voting facility and a voting booth while the voter is voting.

F.

Notwithstanding any other law, an election official, a representative of a political party who has been appointed by the county chairman of that political party or a challenger who is authorized by law to be within the seventy-five foot limit as prescribed by this section shall not wear, carry or display materials that identify or express support for or opposition to a candidate, a political party or organization, a ballot question or any other political issue and shall not electioneer within the seventy-five foot limit of a polling place.

G.

Notwithstanding section 16-1018, a person may not take photographs or videos while within the seventy-five foot limit.

H.

Any person violating this section is guilty of a class 2 misdemeanor.

I.

For the purposes of this section, electioneering occurs when an individual knowingly, intentionally, by verbal expression and in order to induce or compel another person to vote in a particular manner or to refrain from voting expresses support for or opposition to a candidate who appears on the ballot in that election, a ballot question that appears on the ballot in that election or a political party with one or more candidates who appear on the ballot in that election.

Sec.

21.

Section 16-541, Arizona Revised Statutes, is amended to read:

16-541.

Absentee voting;

voter eligibility A.

Any election called pursuant to the laws of this state shall provide for early ABSENTEE voting.

Any qualified elector VOTER WHO MEETS THE CRITERIA ESTABLISHED BY THIS SECTION may vote by early ABSENTEE ballot.

B.

A VOTER SHALL BE ALLOWED TO VOTE BY ABSENTEE BALLOT FOR ANY ONE OR MORE OF THE FOLLOWING REASONS:

-25- Senate Amendments to H.B.

2289 1.

THE VOTER EXPECTS TO BE OUTSIDE THIS STATE AT THE TIME OF THE ELECTION.

2.

THE VOTER IS PHYSICALLY UNABLE TO GO TO THE POLLS BECAUSE THE VOTER IS HOSPITALIZED OR IN A NURSING HOME.

3.

THE VOTER HAS A VISUAL IMPAIRMENT.

4.

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;