Arizona 56th Legislature - First Regular Session Status: To Executive 2 R cosponsors

SB 1105 — early ballots; election day tabulation

Last action — Vetoed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 56th Legislature - First Regular Session. It reached “To Executive” 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.

Vetoed by Governor Katie Hobbs (Democratic) on May 26, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

106 added · 40 removed

Plain-language change summary

The revised version of Senate Bill 1105 makes it mandatory for county election officers to allow voters who show up with their early ballots on election day to have those ballots counted on-site, instead of just being collected for later processing. This change is important as it aims to streamline the voting process and potentially reduce the backlog of early ballots that need to be counted after election day. The update also clarifies that this on-site tabulation is only for counties that have the ability to count ballots at polling locations, ensuring a more efficient handling of votes on election day.

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Bill Number:
Senate Engrossed early ballots;
S.B.
election day tabulation State of Arizona Senate Fifty-sixth Legislature First Regular Session SENATE BILL 1105 AN ACT AMENDING SECTIONS 16-579.01 AND 16-579.02, ARIZONA REVISED STATUTES;
1105 Carroll Floor Amendment Reference to:
RELATING TO POLLING PLACE PROCEDURES.
Senate Engrossed Bill Amendment drafted by:
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.
Leg Council FLOOR AMENDMENT EXPLANATION 1.
1105 Be it enacted by the Legislature of the State of Arizona:
Exempts a county that tabulates election day ballots at a central location and does not otherwise tabulate election day ballots on-site at a polling location or a voting center from the requirement for each county recorder or other officer in charge of elections to provide on-site tabulation for early ballots.
Section 1.
Section 16-579.01, Arizona Revised Statutes, is amended to read:
16-579.01.
Early ballots;
on-site tabulation A.
Every county recorder or other COUNTY officer in charge of elections may SHALL provide for a qualified elector who appears at that elector's designated polling location or at a voting center on election day with the elector's voted early ballot to have the elector's voted early ballot tabulated as prescribed in section 16-579.02.
B.
The county recorder or other COUNTY officer in charge of elections shall do all of the following if FOR the on-site tabulation of early ballots is allowed:
1.
Designate an area within a precinct or voting center for processing electors with their voted early ballots that is physically separate from the area for voters who are voting pursuant to section 16-579.
Specifies that only a county recorder or county officer in charge of elections is subject to the requirements relating to on-site tabulation.
Provide adequate poll workers, election officials and equipment necessary to conduct voting pursuant to this section and section 16-579.02.
Amendment explanation prepared by Anna Nguyen 03/07/2023 Fifty-sixth Legislature Carroll First Regular Session S.B.
3.
1105 ADDITIONAL COW CARROLL FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.
Categorize and tally separately in the official canvass and other reports electors whose voted early ballots are tabulated at the precinct or voting center.
1105 (Reference to Senate engrossed bill) Page 1, lines 5 and 10, after "other" insert "COUNTY" Between lines 27 and 28, insert:
The tally shall be reported by precinct in the official canvass and other voting reports.
"C.
4.
THIS SECTION DOES NOT APPLY TO A COUNTY THAT TABULATES ELECTION DAY BALLOTS AT A CENTRAL LOCATION AND THAT DOES NOT OTHERWISE TABULATE ELECTION DAY BALLOTS ON-SITE AT A POLLING LOCATION OR VOTING CENTER." Line 32, after the second "a" insert "COUNTY" Line 33, after "place" strike remainder of line Line 34, strike "of early ballots" insert "that allows PROVIDES FOR the on-site tabulation of early ballots PURSUANT TO SECTION 16-579.01" Page 2, line 36, after "a" insert "COUNTY" Line 41, after "other" insert "COUNTY" Amend title to conform FRANK CARROLL 1105FloorCARROLL.docx 03/7/2023 08:45 AM C:
Reconcile for that polling place or voting center the number of electors who appear on the signature roster or e-pollbook ELECTRONIC POLLBOOK with the number of completed early ballot affidavits and the voted early ballots tabulated on-site.
CT 1105FloorCARROLL.docx 03/7/2023 09:58 AM S:
C.
AN/sr - 1 -
THIS SECTION DOES NOT APPLY TO A COUNTY THAT TABULATES ELECTION DAY BALLOTS AT A CENTRAL LOCATION AND THAT DOES NOT OTHERWISE TABULATE ELECTION DAY BALLOTS ON-SITE AT A POLLING LOCATION OR VOTING CENTER.
Sec.
2.
Section 16-579.02, Arizona Revised Statutes, is amended to read:
16-579.02.
Election day early ballot on-site tabulation procedure;
fund A.
A qualified elector who appears at a COUNTY voting center or at the elector's designated polling place that allows PROVIDES for the on-site tabulation of early ballots PURSUANT TO SECTION 16-579.01 with the elector's voted early ballot shall present identification as prescribed in section 16-579, subsection A, paragraph 1 and proceed as follows:
1.
If the elector does not present identification that complies with section 16-579, subsection A, paragraph 1, the elector shall either deposit the elector's voted early ballot in its affidavit envelope in an official drop box or proceed to the area designated for election day voting to surrender the early ballot to the election board for retention and not for tabulating.
The elector shall then be allowed to vote a - 1 - S.B.
1105 provisional ballot as prescribed in section 16-584.
An election official may not allow for the on-site tabulation of an early ballot if the elector does not present identification that complies with section 16-579, subsection A, paragraph 1.
2.
If the elector presents sufficient identification to comply with section 16-579, subsection A, paragraph 1, the elector shall present the elector's early ballot affidavit to the election official in charge of the signature roster, and the election official shall confirm that the name and address on the completed affidavit reasonably appear to be the same as the name and address on the precinct register.
3.
If the elector's affidavit is not complete, the election official in charge of the signature roster shall allow the elector to complete the affidavit.
The election official may not allow for the on-site tabulation of an early ballot until the elector presents a completed early ballot affidavit.
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B.
If the elector's affidavit is complete, the elector's name shall be numbered consecutively by the clerk and in the order of application for early ballot tabulation.
C.
For precincts in which a paper signature roster is used, each qualified elector shall sign the elector's name in the signature roster as prescribed in section 16-579, subsection D before proceeding to the tabulating equipment.
D.
For precincts in which an electronic pollbook is used, each qualified elector shall sign the elector's name as prescribed in section 16-579, subsection E before proceeding to the tabulating equipment.
E.
After signing the signature roster or electronic pollbook, the elector shall proceed to the tabulating equipment and, while under the observation of an election official, remove the early ballot from the completed affidavit envelope, deposit the empty completed affidavit envelope in the secured and labeled drop box and insert the early ballot into a tabulating machine.
An early ballot that has been separated from the elector's completed affidavit envelope may not be removed from the on-site early ballot tabulation area.
F.
The drop box prescribed in subsection E of this section shall be clearly labeled to indicate that the completed affidavits are from ballots tabulated pursuant to this section and shall be secured in a manner substantially similar to other ballot boxes at that location.
G.
Any qualified elector who lawfully brings to a COUNTY polling place or voting center another elector's voted early ballot that is sealed in its affidavit envelope shall deposit the other elector's voted early ballot in the appropriate ballot drop box before entering the on-site early ballot tabulation area for purposes of tabulating the elector's own early ballot.
The county recorder or other COUNTY officer in charge of elections shall ensure that a voter is not in possession of another voter's ballot within the on-site early ballot tabulation area.
- 2 -
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Action History

  1. Vetoed by Governor

  2. Transmit to Governor

  3. Transmit to Senate

  4. PASSED

  5. House Placed on Consent Calendar

  6. DP

  7. House Second Reading

  8. House First Reading.

  9. Transmit to House

  10. PASSED

  11. DPA

  12. PASSED

  13. FAILED

  14. DP

  15. DP

  16. Senate Second Reading

  17. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 91 not signed on · 41 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (91)

91 members have not signed on to this bill.

Show all 91 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 31 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 01602
Republican 23000
Unaffiliated 81001
Total 312603
% of votes cast 52%43%0%5%
How each member voted (60)
Member Party Vote
Amish Shah — Nay
Andres Cano — Nay
Athena Salman — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Longdon — Nay
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Nay
Marcelino Quiñonez — Nay
Melody Hernandez — Not Voting
Travis W. Grantham — Yea
Alma Hernandez Democrat Nay
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Flavio Bravo Democrat Not Voting
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Not Voting
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Passed

Passed 16 Yea · 14 Nay
Party YeaNayPresentNot Voting
Democrat 01000
Unaffiliated 6400
Republican 10000
Total 161400
% of votes cast 53%47%0%0%
How each member voted (30)
Member Party Vote
Anna Hernandez — Nay
Anthony Kern — Yea
Christine Marsh — Nay
Juan Mendez — Nay
Justine Wadsack — Yea
Ken Bennett — Yea
Raquel Terán — Nay
Sine Kerr — Yea
Sonny Borrelli — Yea
Steve Kaiser — Yea
Brian Fernandez Democrat Nay
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Burch Democrat Nay
Eva Diaz Democrat Nay
Lela Alston Democrat Nay
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Thomas "T.J." Shope Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

failed to pass

Failed 14 Yea · 16 Nay
Party YeaNayPresentNot Voting
Democrat 01000
Unaffiliated 5500
Republican 9100
Total 141600
% of votes cast 47%53%0%0%
How each member voted (30)
Member Party Vote
Anna Hernandez — Nay
Anthony Kern — Yea
Christine Marsh — Nay
Juan Mendez — Nay
Justine Wadsack — Yea
Ken Bennett — Nay
Raquel Terán — Nay
Sine Kerr — Yea
Sonny Borrelli — Yea
Steve Kaiser — Yea
Brian Fernandez Democrat Nay
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Burch Democrat Nay
Eva Diaz Democrat Nay
Lela Alston Democrat Nay
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Nay
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Thomas "T.J." Shope Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 1105?
SB 1105 is sponsored by David Gowan (Republican) and Frank Carroll (Republican).
What is the current status of SB 1105?
This bill died with 56th Legislature - First Regular Session. It reached “To Executive” 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.
Where can I track SB 1105?
Track SB 1105 free on One Click Politics — get push/email alerts when it moves.

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