HB 2104 — contest; state elections; technical correction

REFERENCEFifty-sixth TITLE:Legislature Municipal Oversight & Elections First Regular Session H.B.

contest;2104 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

state2104 elections;(Reference to printed bill) Strike everything after the enacting clause and insert:

technical"Section correction1. State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HB 2104 Introduced by Representatives Harris:

Heap,Section Jones,16-547, Kolodin,Arizona ParkerRevised J,Statutes, Smithis ANamended ACTto AMENDINGread: SECTION 16-672, ARIZONA REVISED STATUTES;

RELATING16-547. TO CONDUCT OF ELECTIONS.

(TEXTBallot OFaffidavit; BILL BEGINS ON NEXT PAGE) - i - HB 2104 Be it enacted by the Legislature of the State of Arizona:

Sectionform 1.A.

SectionThe 16-672,early ArizonaABSENTEE Revisedballot Statutes,shall isbe amendedaccompanied toby read:an envelope bearing on the front the name, official title and post office address of the recorder or other officer in charge of elections and on the other side a printed affidavit in substantially the following form:

16-672.I declare the following under penalty of perjury:

ContestI ofam statea election;registered voter in ___________ county Arizona, AND I EXPECT TO BE ABSENT FROM THIS STATE AT THE TIME OF THE ELECTION OR I AM PHYSICALLY UNABLE TO GO TO THE POLLS BECAUSE I AM IN THE HOSPITAL OR A NURSING HOME OR BECAUSE I AM VISUALLY IMPAIRED OR I AM AN ABSENT UNIFORMED SERVICES VOTER OR OVERSEAS VOTER, AND I have not voted and will not vote in this election in any other county or state, I understand that knowingly voting more than once in any election is a class 5 felony and I voted the enclosed ballot and signed this affidavit personally unless noted below.

grounds;If the voter was assisted by another person in marking the ballot, complete the following:

venueI A.declare the following under penalty of perjury:

AnyAt electorthe ofregistered thevoter's staterequest mayI contestassisted the electionvoter ofidentified anyin personthis declaredaffidavit electedwith tomarking athe statevoter's office,ballot, orI declaredmarked nominatedthe toballot aas statedirectly officeinstructed atby a primary election, or the declaredvoter, resultI ofprovided an initiated or referred measure, or a proposal to amend the ConstitutionHouse ofAmendments Arizona, or other question or proposal submitted to voteH.B. of the people, upon ON any of the following grounds:

1.2104 assistance because the voter was physically unable to mark the ballot solely due to illness, injury or physical limitation and I understand that there is no power of attorney for voting and that the voter must be able to make the voter's selection even if they THE VOTER cannot physically mark the ballot.

ForName misconduct on the part of electionvoter boardsassistant: or any members thereof OF ELECTION BOARDS in any of the counties of the state, or on the part of any officer making or participating in a canvass for a state election.

2._____________________________ Address of voter assistant:

That__________________________ theB. person whose right to the office is contested was not at the time of the election eligible to FOR the office.

3.The face of each envelope in which a ballot is sent to a federal postcard applicant or in which a ballot is returned by the applicant to the recorder or other officer in charge of elections shall be in the form prescribed in accordance with the uniformed and overseas citizens absentee voting act of 1986 (P.L.

That99-410; the person whose right is contested, or any person acting for him, THAT PERSON has given to an elector, inspector, judge or clerk of election, a bribe or reward, or has offered such A bribe or reward for the purpose of procuring his THE PERSON'S election, or has committed any other offense against the elective franchise.

4.52 United States Code section 20301).

OnOtherwise, accountthe ofenvelopes illegalshall votes.be the same as those used to send ballots to, or receive ballots from, other early ABSENTEE voters.

5.

That by reason of erroneous count of votes the person declared elected or the initiative or referred measure, or THE proposal to amend the constitution, or THE other question or proposal submitted, which has been declared carried, did not in fact receive the highest number of votes for the office or a sufficient number of votes to carry the measure, amendment, question or proposal.

B.

The contest may be brought in the superior court of IN the county in which the person contesting resides or in the superior court of IN Maricopa county.

InThe aofficer contestcharged ofby thelaw electionwith ofthe aduty person declared elected to a state office or of anpreparing initiatedballots orat referredany measure,election constitutionalshall amendment,ensure orthat other question or proposal, which has been declared carried, the attorneyearly generalABSENTEE mayballot intervene,is andsent uponin ONan demand,envelope thethat placestates ofsubstantially trial of the contestfollowing: shall be changed to Maricopa county, if commenced in another county.

-If 1the -addressee does not reside at this address, mark the unopened envelope "return to sender" and deposit it in the United States mail.

D.

The county recorder or other officer in charge of elections shall supply printed instructions to early ABSENTEE voters that direct them to sign the affidavit, mark the ballot and return both in the enclosed self-addressed envelope that complies with section 16-545.

The instructions shall include the following statement:

In order to be valid and counted, the ballot and affidavit must be delivered to the office of the county recorder or other officer in charge of elections or may be deposited at any polling place in the county no NOT later than 7:00 p.m.

on THREE DAYS BEFORE election day.

The ballot will not be counted without the voter's signature on the envelope.

-2- House Amendments to H.B.

2104 (WARNING—It is a felony to offer or receive any compensation for a ballot.) Sec.

2.

Conforming legislation The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-sixth legislature, second regular session." Amend title to conform LIZ HARRIS 2104HARRIS SE.docx 02/13/2023 02:42 PM C:

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