SB 1595 — early ballots; identification; tabulation

If it is found to be sufficient, the vote - 6 - S.B.

1595 shall be allowed.

If the affidavit is insufficient, the vote shall not be allowed.

C.

The county chairman of each political party represented on the ballot, by written appointment addressed to the early election board, may designate party representatives and alternates to act as early ballot challengers for the party.

No party may have more than the number of such representatives or alternates that were mutually agreed on by each political party to be present at one time.

If such agreement cannot be reached, the number of representatives shall be limited to one for each political party.

D.

An early ballot may be challenged on any grounds set forth in section 16-591.

All challenges shall be made in writing with a brief statement of the grounds before the early ballot is placed in the ballot box.

A record of all challenges and resulting proceedings shall be kept in substantially the same manner as provided in section 16-594.

If an early ballot is challenged, it shall be set aside and retained in the possession of the early election board or other officer in charge of early ballot processing until a time that the early election board sets for determination of the challenge, subject to the procedure in subsection E of this section, at which time the early election board shall hear the grounds for the challenge and shall decide what disposition shall be made of the early ballot by majority vote.

If the early ballot is not allowed, it shall be handled pursuant to subsection G of this section.

E.

Within twenty-four hours of receipt of a challenge, the early election board or other officer in charge of early ballot processing shall mail, by first class mail, a notice of the challenge including a copy of the written challenge, and also including the time and place at which the voter may appear to defend the challenge, to the voter at the mailing address shown on the request for an early ballot or, if none was provided, to the mailing address shown on the registration rolls.

Notice shall also be mailed to the challenger at the address listed on the written challenge and provided to the county chairman of each political party represented on the ballot.

The board shall meet to determine the challenge at the time specified by the notice but, in any event, not earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the notifying party chooses to deliver the notice by overnight or hand delivery, and not later than 5:00 p.m.

on the Monday following the election.

The board shall provide the voter with an informal opportunity to make, or to submit, brief statements regarding the challenge.

The board may decline to permit comments, either in person or in writing, by anyone other than the voter, the challenger and the party representatives.

The burden of proof is on the challenger to show why the voter should not be permitted to vote.

The fact that the voter fails to appear shall not be deemed to be an admission of the validity of the challenge.

The early election board or other officer in charge of early ballot processing is not - 7 - S.B.

1595 required to provide the notices described in this subsection if the written challenge fails to set forth at least one of the grounds listed in section 16-591 as a basis for the challenge.

In that event, the challenge will be summarily rejected at the meeting of the board.

Except for election contests pursuant to section 16-672, the board's decision is final and may not be appealed.

F.

If the vote is allowed, the board shall open the envelope containing the ballot in such a manner that the affidavit thereon is not destroyed, take out the ballot without unfolding it or permitting it to be opened or examined and show by the records of the election that the elector has voted.

G.

If the vote is not allowed, the affidavit envelope containing the early ballot shall not be opened and the board shall mark across the face of such envelope the grounds for rejection.

The affidavit envelope and its contents shall then be deposited with the opened affidavit envelopes and shall be preserved with official returns.

If the voter does not enter an appearance, the board shall send the voter a notice stating whether the early ballot was disallowed and, if disallowed, providing the grounds for the determination.

The notice shall be mailed by first class mail to the voter's mailing address as shown on the registration rolls within three days after the board's determination.

H.

Party representatives and alternates may be appointed as provided in subsection C of this section to be present and to challenge the verification of questioned ballots pursuant to section 16-584 on any grounds permitted ALLOWED by this section.

Questioned ballots that are challenged shall be presented to the early election board for decision under the provisions of this section.

Sec.

5.

Section 16-572, Arizona Revised Statutes, is amended to read:

16-572.

Delivery and custody of ballots at polling place A.

On opening the polls, the inspector shall produce the sealed package of official ballots and publicly open it and deliver one book or block of ballots therein contained to the judges.

The INSPECTOR SHALL RETAIN THE other blocks or books of ballots, if any, shall be retained by the inspector until called for by the judges and required for voting.

B.

One of the judges of election shall keep the ballots within the polling place in plain view of the public and deliver them only to qualified voters.

C.

A person shall not take or remove a ballot from the polling place before the polls are closed EXCEPT THAT EARLY BALLOTS RETURNED AT VOTING LOCATIONS ON ELECTION DAY AFTER A VOTER'S IDENTIFICATION IS CONFIRMED AS PRESCRIBED BY SECTION 16-579, SUBSECTION A, PARAGRAPH 4 MAY BE REMOVED BY TWO AUTHORIZED ELECTION WORKERS WHO MUST EACH BE A MEMBER OF A DIFFERENT ONE OF THE TWO LARGEST POLITICAL PARTIES, WHO HAVE COMPLETED A CHAIN OF CUSTODY LOG MAINTAINED AT THE VOTING LOCATION THAT INCLUDES THE - 8 - S.B.

1595 TOTAL COUNT OF THE EARLY BALLOTS BEING TRANSPORTED AND WHO DELIVER THE BALLOTS TO A DESIGNATED RECEIVING SITE THAT IS AN OFFICIAL ELECTIONS FACILITY AND NOT A THIRD PARTY VENDOR.

THE CHAIN OF CUSTODY LOG FOR EARLY BALLOTS RETURNED AT VOTING LOCATIONS ON ELECTION DAY SHALL BE AVAILABLE FOR INSPECTION BY THE PUBLIC, THE POLITICAL PARTIES, COMMITTEES REPRESENTING BALLOT MEASURES ON THE BALLOT AND THE CANDIDATES ON THE BALLOT WITHIN FORTY-EIGHT HOURS AFTER ELECTION DAY.

Sec.

6.

Section 16-579, Arizona Revised Statutes, is amended to read:

16-579.

Procedure for obtaining ballot by elector;

definition A.

Every qualified elector, before receiving a ballot, shall announce the elector's name and place of residence in a clear, audible tone of voice to the election official in charge of the signature roster or present the elector's name and residence in writing.

The election official in charge of the signature roster shall comply with the following and the qualified elector shall be allowed within the voting area:

1.

The elector shall present any of the following:

(a) A valid form of identification that bears the photograph, name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including an Arizona driver license, an Arizona nonoperating identification license, a tribal enrollment card or other form of tribal identification or a United States federal, state or local government issued identification.

Identification is deemed valid unless it can be determined on its face that it has expired.

(b) Two different items that contain the name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including a utility bill, a bank or credit union statement that is dated within ninety days of the date of the election, a valid Arizona vehicle registration, an Arizona vehicle insurance card, an Indian census card, tribal enrollment card or other form of tribal identification, a property tax statement, a recorder's certificate, a voter registration card, a valid United States federal, state or local government issued identification or any mailing that is labeled as "official election material".

Identification is deemed valid unless it can be determined on its face that it has expired.

(c) A valid form of identification that bears the photograph, name and address of the elector except that if the address on the identification does not reasonably appear to be the same as the address in the precinct register or the identification is a valid United States military identification card or a valid United States passport and does not bear an address, the identification must be accompanied by one of the items listed in subdivision (b) of this paragraph.

2.

If the elector does not present identification that complies with paragraph 1 of this subsection, the elector is only eligible to vote - 9 - S.B.

1595 a provisional ballot as prescribed by section 16-584 or a conditional provisional ballot as provided for in the secretary of state's instruction and procedures manual adopted pursuant to section 16-452.

3.

If the voter surrenders the early ballot to the precinct inspector and the voter is not otherwise required to be issued a provisional ballot, the voter shall be issued a standard ballot after presenting identification pursuant to this subsection.

The precinct inspector shall retain the surrendered early ballot, unopened in its affidavit envelope.

4.

DURING THE PERIOD OF EARLY VOTING OR ON ELECTION DAY, IF A VOTER IS ISSUED AN EARLY BALLOT AT ANY VOTING LOCATION OR PRESENTS AT ANY VOTING LOCATION THE VOTER'S MAILED EARLY BALLOT AND THE VOTER PRESENTS AND CONFIRMS IDENTIFICATION THAT COMPLIES WITH PARAGRAPH 1 OF THIS SUBSECTION AND THE ELECTION OFFICIAL CONFIRMS THAT THE NAME AND ADDRESS ON THE IDENTIFICATION REASONABLY APPEAR TO BE THE SAME NAME AND ADDRESS ON THE VOTER'S COMPLETED EARLY BALLOT AFFIDAVIT, THE ELECTION OFFICIAL SHALL STAMP THE SIGNED ENVELOPE WITH A STAMP THAT READS "ID VERIFIED" AND PLACE THE EARLY BALLOT IN THE SECURED BALLOT BOX LABELED FOR VERIFIED EARLY BALLOTS AND THE VOTER'S EARLY BALLOT IS DEEMED READY FOR TABULATING, AND ADDITIONAL SIGNATURE VERIFICATION OF THE COMPLETED AFFIDAVIT ENVELOPE AS PRESCRIBED BY SECTION 16-550 IS NOT REQUIRED, EXCEPT THAT ANY COMPLETED EARLY BALLOT AFFIDAVIT DEPOSITED IN THE SECURED BALLOT BOX DESIGNATED FOR VERIFIED EARLY BALLOTS PURSUANT TO THIS PARAGRAPH THAT IS NOT STAMPED "ID VERIFIED" SHALL BE PROCESSED AS PRESCRIBED IN SECTION 16-550.

THE ELECTION OFFICIAL IN CHARGE OF THE SECURED BALLOT BOX DESIGNATED FOR VERIFIED EARLY BALLOTS PURSUANT TO THIS SECTION SHALL MAINTAIN A TALLY OF BALLOTS THAT HAVE BEEN DEPOSITED IN THE SECURED BALLOT BOX AND SHALL SIGN AN AFFIDAVIT THAT INCLUDES THE ELECTION OFFICIAL'S NAME, THE POLLING LOCATION, THE TIME AND DATE, THE NUMBER OF EARLY BALLOTS DEPOSITED ACCORDING TO THE TALLY MAINTAINED BY THE ELECTION OFFICIAL AND A STATEMENT THAT THE ELECTION OFFICIAL AFFIRMS THAT THE ELECTION OFFICIAL REQUIRED EVERY VOTER TO PRESENT IDENTIFICATION THAT COMPLIES WITH PARAGRAPH 1 OF THIS SUBSECTION AND THAT THE ELECTION OFFICIAL CONFIRMED THAT THE NAME AND ADDRESS ON THE IDENTIFICATION PRESENTED BY EACH VOTER REASONABLY APPEARED TO BE THE SAME NAME AND ADDRESS ON EACH VOTER’S EARLY BALLOT AFFIDAVIT.

B.

Any qualified elector who is listed as having applied for an early ballot but who states that the elector has not voted and will not vote an early ballot for this election or surrenders the early ballot to the precinct inspector on election day shall be allowed to vote pursuant to the procedure set forth in section 16-584, except that for elections conducted using an electronic pollbook or similar system with continuous voter usage updates, the following apply:

1.

If the electronic pollbook or other system indicates that the voter's early ballot has not been returned or accepted by the county recorder and the voter is not otherwise required to be issued a - 10 - S.B.

1595 provisional ballot, the voter may be issued a standard ballot after presenting identification pursuant to subsection A of this section.

2.

If the electronic pollbook or other system indicates that the voter's early ballot has been received or accepted by the county recorder, the voter may not be issued a standard ballot and may only be issued a provisional ballot as prescribed in section 16-584.

C.

Each qualified elector's name shall be numbered consecutively by the clerks and in the order of applications for ballots.

The judge shall give the qualified elector only one ballot and a ballot privacy folder, and the elector's name shall be immediately checked on the precinct register.

Notwithstanding any provision of this subsection, an elector shall not be required to accept or use a ballot privacy folder.

D.

For precincts in which a paper signature roster is used, each qualified elector shall sign the elector's name in the signature roster before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with red ink, and no attestation or other proof shall be necessary.

The provisions of this subsection relating to signing the signature roster shall DO not apply to electors casting a ballot using early voting procedures.

E.

For precincts in which an electronic poll book system is used, each qualified elector shall sign the elector's name as prescribed in the instructions and procedures manual adopted by the secretary of state pursuant to section 16-452 before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with the inspector's or judge's attestation on the same signature line.

F.

A person offering to vote at a special district election for which no special district register has been supplied shall sign an affidavit stating the person's address and that the person resides within the district boundaries or proposed district boundaries and swearing that the person is a qualified elector and has not already voted at the election being held.

G.

EACH POLLING LOCATION OPEN FOR EARLY VOTING OR ON ELECTION DAY SHALL INCLUDE A MINIMUM OF AT LEAST ONE SECURED BALLOT BOX FOR A VOTER TO DEPOSIT THE VOTER'S COMPLETED EARLY BALLOT AND AT LEAST ONE SECURED BALLOT BOX FOR A VOTER WHO PRESENTS IDENTIFICATION AND THE VOTER'S COMPLETED EARLY BALLOT PURSUANT TO SUBSECTION A, PARAGRAPH 4 OF THIS SECTION TO DEPOSIT THE VOTER'S COMPLETED EARLY BALLOT AFTER THE ENVELOPE HAS BEEN STAMPED BY THE ELECTION OFFICIAL.

EACH BALLOT BOX SHALL BE PHYSICALLY SEPARATED AND CLEARLY LABELED.

THE ELECTION OFFICIAL IN CHARGE OF THE POLLING LOCATION SHALL ENSURE THAT A VOTER WHO DOES NOT PRESENT IDENTIFICATION IS NOT ABLE TO DEPOSIT THE VOTER'S COMPLETED EARLY BALLOT - 11 - S.B.

1595 IN THE DROP BOX DESIGNATED FOR VERIFIED EARLY BALLOTS PURSUANT TO SUBSECTION A, PARAGRAPH 4 OF THIS SECTION.

H.

FOR THE PURPOSES OF THIS SECTION, "ID VERIFIED" MEANS A BALLOT FOR WHICH A VOTER HAS PRESENTED IDENTIFICATION THAT COMPLIES WITH SUBSECTION A, PARAGRAPH 1 OF THIS SECTION.

Sec.

7.

1.- 5 - S.B.

1595 1.

-E. 12 - S.B.

1595 E.

G.- 6 - S.B.

1595 G.

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