Arizona 56th Legislature - Second Regular Session Status: In Committee 2 R cosponsors

SB 1733 — primary; identification; canvass; recounts; ballots.

Last action — DPA

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

This bill died with 56th Legislature - Second Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1319 added · 228 removed

Plain-language change summary

The amendment to SB 1733 changes the date of the primary election from the second Tuesday in May back to the second Tuesday in August, which is significant because it aligns the primary election with traditional scheduling and may impact voter turnout. Additionally, the requirement for a five-calendar-day "cure period" for ballot issues is now a permanent law, which could make it easier for voters to address any problems with their ballots. It also simplifies the process by defining clear timelines for local governing bodies to canvass election results. Finally, it gives state agencies authority to designate state-owned locations for voting, improving accessibility for future elections.

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Bill Number:
Senate Engrossed primary;
S.B.
identification;
1733 Rogers Floor Amendment Reference to:
canvass;
Printed Bill Amendment drafted by:
recounts;
Anna Nguyen FLOOR AMENDMENT EXPLANATION Dates 1.
ballots.
Reverts the primary election to the second Tuesday in August, rather than the second Tuesday in May.
State of Arizona Senate Fifty-sixth Legislature Second Regular Session SENATE BILL 1733 AN ACT AMENDING SECTIONS 16-411, 16-461, 16-510, 16-542, 16-547 AND 16-550, ARIZONA REVISED STATUTES;
AMENDING TITLE 16, CHAPTER 4, ARTICLE 8, ARIZONA REVISED STATUTES, BY ADDING SECTION 16-550.01;
AMENDING SECTIONS 16-551, 16-552, 16-579, 16-584, 16-622, 16-642, 16-645, 16-646, 16-648, 16-662, 16-663 AND 16-664, ARIZONA REVISED STATUTES;
RELATING TO CONDUCT OF ELECTIONS.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.
1733 Be it enacted by the Legislature of the State of Arizona:
Section 1.
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 as follows:
1.
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.
Makes session law, the requirement that the cure period is five calendar days, rather than business days.
If after October 1 of the year preceding the year of a general election the board of supervisors must further adjust precinct boundaries due to the redistricting of election districts as prescribed by law and to comply with this subsection, the board of supervisors shall adjust these precinct boundaries as soon as is practicable.
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:
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.
Reverts all modified dates relating to:
On a specific finding of the board that the number of persons who are listed as early voters pursuant to section 16-544 and who are not expected to have their ballots tabulated at the polling place as prescribed in section 16-579.02 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.
a) determining qualified political parties;
The board of supervisors shall ensure that a reasonable and adequate number of polling places will be designated for that election.
b) computing the minimum number of required nomination petition signatures;
Any consolidated polling places shall be listed in separate sections of the order or resolution of the board.
and c) the effective date of new precincts;
- 1 - S.B.
1733 4.
On a specific resolution of the board, the board may 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:
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(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:
- 2 - S.B.
1733 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.
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.
G.
BEGINNING IN 2026, THE DEPARTMENT OF ADMINISTRATION SHALL COORDINATE WITH STATE AGENCIES AND COUNTIES TO PROVIDE AVAILABLE AND APPROPRIATE STATE-OWNED FACILITIES FOR USE AS A VOTING LOCATION FOR ANY CITY, COUNTY OR STATE ELECTION WHEN REQUESTED BY THE OFFICER IN CHARGE OF ELECTIONS.
G.
H.
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.
H.
I.
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 - 3 - S.B.
1733 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.
J.
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 that are willing to be a polling place unless a facility can be given an emergency designation.
J.
K.
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.
Specifies that the governing bodies of a city, town or special district must meet and canvass between 6 and 20 days following an election.
The number of registered voters whose early ballots were tabulated on-site as prescribed in section 16-579.02 in the prior primary and general elections.
Voting 5.
5.
Modifies the early ballot instructions.
The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls.
6.
Sec.
Requires the Arizona Department of Administration to coordinate with state agencies and counties to provide available and appropriate state-owned facilities for use as a voting location for any city, county or state election when requested by the officer in charge of elections.
2.
7.
Section 16-461, Arizona Revised Statutes, is amended to read:
Removes the requirement that, beginning in 2026:
16-461.
a) district high schools provide sufficient space for use as a polling place, when requested;
Sample primary election ballots;
b) district high schools must close on every primary and general election day c) teachers and staff receive or conduct in-service training or development activities on the election days.
submission to party chairmen for examination;
Amendment explanation prepared by Anna Nguyen 02/08/2024 Senate Amendments to S.B.
preparation, printing and distribution of ballot A.
1733 8.
At least forty-five days before a primary election, the officer in charge of that election shall:
Removes the prohibition on teachers and staff using personal, vacation or other leave time on those election days.
- 4 - S.B.
9.
1733 1.
Reinserts the statutory requirement that a public school provide sufficient space for use as a polling place for any city, county or state election when requested by the office in charge of election.
Prepare a proof of a sample ballot.
10.Reinserts the ability of the principal of a school to deny a request for use as a polling place for outlined reasons.
2.
11.Specifies that the early ballot of a voter who provided valid identification must be stamped and placed in secured ballot box.
Submit the sample ballot proof of each party to the county chairman or in city or town primaries to the city or town chairman.
Signature Verification 12.Declares the Legislature's intent to codify the procedures based on the 2020 Secretary of State Signature Verification Guide (Guide).
3.
13.Specifies that, in the event of any conflict between the Guide and the statute based thereon, the statute controls.
Mail a sample ballot proof to each candidate for whom a nomination paper and petitions have been filed.
14.Stipulates that the added section:
B.
a) is not intended to require modify the grounds on which a party-appointed challenger may challenge an early ballot;
Within five TWO CALENDAR days after receipt of the sample ballot, the county chairman of each political party AND ANY CANDIDATE IN THAT ELECTION WHO HAS SUBMITTED AND CONFIRMED AN EMAIL ADDRESS shall suggest to the election officer any change the chairman OR CANDIDATE considers should be made in the chairman's OR CANDIDATE'S party ballot, and if on examination the election officer finds an error or omission in ON the ballot, the officer shall correct it.
b) does not require signature evaluators to examine broad or local characteristics one at a time;
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.
and c) is not intended to require an exact match.
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.
15.Specifies that all early ballots delivered without valid identification are subject to signature verification.
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.
16.Specifies that a signature noted for second review is upon a combination of broad and local characteristic differences that cannot be reasonably explained.
C.
Recount 17.Clarifies that a recount is required if any canvass, rather than only a county canvass, shows that a recount is statutorily required.
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.
18.Removes the ability of a candidate within the recount margin to decline a recount.
D.
Senate Amendments to S.B.
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.
1733 19.Specifies that the post-election hand count audit may begin before the machine tabulation of ballots for the court-ordered recount is complete.
Each sample ballot shall contain the following statement:
20.Removes the specification that the SOS may request assistance from the Elections Assistance Commission field services program staff for the purposes of logic and accuracy testing.
"This is a sample ballot and cannot be used as an official ballot under any circumstances".
21.Removes the ability of the SOS to use contract staff to assist in conducting the logic and accuracy testing.
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.
22.Requires each team conducting a logic and accuracy test to be supervised by a certified election officer.
E.
23.Prohibits a person from serving on the logic and accuracy testing team to test the automated tabulating system, if the person has been affiliated with or received any income in the previous three years from a voting system vendor used in that county, rather than within the previous five years with a person or entity that provides election equipment or services in Arizona.
For city and town elections, the governing body of a city or town may have printed mailer-type sample ballots for a primary election.
Miscellaneous 24.Requires, in addition to county recorder's regular business hours, city clerk's offices remain open during regular business hours to allow for curing signatures.
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 of such sample ballots.
25.Requires the lists of voters with missing and inconsistent signatures to include voters who voted with a conditional provisional and requires the list to be sent to all state recognized political parties, rather than the two largest political parties.
- 5 - S.B.
26.Removes the $1,200,000 appropriation from the state General Fund (GF) in FY to the SOS.
1733 F.
27.Removes the appropriation in the unspecified amount from the Citizens Clean Elections Fund in FY 2024 to the SOS.
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.
28.Makes technical and conforming changes.
G.
Fifty-sixth Legislature Rogers Second Regular Session S.B.
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.
1733 ROGERS FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.
In county, city or town elections the seal of such jurisdiction shall be substituted for the state seal.
1733 (Reference to printed bill) Page 1, strike lines 2 through 45 Strike pages 2 through 9 Page 10, strike lines 1 through 21 Renumber to conform Line 26, strike "October" Line 27, strike "JULY" insert "October" Line 35, strike "October JULY" insert "October" Page 12, lines 28 and 29, strike "AND THROUGH 2025" Line 32, strike "THROUGH 2025," Strike lines 39 through 42, insert:
Sec.
"G.
3.
BEGINNING IN 2026, THE DEPARTMENT OF ADMINISTRATION SHALL COORDINATE WITH STATE AGENCIES AND COUNTIES TO PROVIDE AVAILABLE AND APPROPRIATE STATE-OWNED FACILITIES FOR USE AS A VOTING LOCATION FOR ANY CITY, COUNTY OR STATE ELECTION WHEN REQUESTED BY THE OFFICER IN CHARGE OF ELECTIONS." Page 14, strike lines 13 through 42 Renumber to conform Page 15, line 16, after "chairman" insert "OR CANDIDATE" Line 17, after "chairman's" insert "OR CANDIDATE'S" Line 18, strike "in" insert "ON" Page 16, line 26, strike "IN" insert "ON" Page 21, strike lines 43 through 45 - 1 - Senate Amendments to S.B.
Section 16-510, Arizona Revised Statutes, is amended to read:
1733 Page 22, strike lines 1 through 6, insert:
16-510.
"IN ORDER TO BE VALID AND COUNTED, THE MAIL AFFIDAVIT THAT CONTAINS THE MAIL BALLOT MUST HAVE THE VOTER'S SIGNATURE ON THE ENVELOPE AND MUST BE RETURNED TO THE OFFICE OF THE COUNTY RECORDER BY ANY ONE OF THE FOLLOWING METHODS:
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 AND TO THE COUNTY CHAIRPERSON OF EACH POLITICAL PARTY a ballot proof of the sample ballot for the candidate's AND CHAIRPERSON'S review.
WITHIN TWO CALENDAR DAYS AFTER RECEIPT OF THE SAMPLE BALLOT, THOSE CANDIDATES AND THE COUNTY CHAIRPERSON OF EACH POLITICAL PARTY SHALL SUGGEST TO THE ELECTION OFFICER ANY CHANGE THE CANDIDATE OR CHAIRPERSON CONSIDERS SHOULD BE MADE TO THE BALLOT, AND IF ON EXAMINATION THE ELECTION OFFICER FINDS AN ERROR OR OMISSION ON THE BALLOT, THE OFFICER SHALL CORRECT THE ERROR OR OMISSION.
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 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 - 6 - S.B.
1733 provide for the distribution of such ballots and shall bear the expense of printing and distributing such sample ballots.
Sec.
4.
Section 16-542, Arizona Revised Statutes, is amended to read:
16-542.
Request for ballot;
civil penalties;
violation;
classification A.
Within ninety-three days before any election called pursuant to the laws of this state, an elector may make a verbal or signed request to the county recorder, or other officer in charge of elections for the applicable political subdivision of this state in whose jurisdiction the elector is registered to vote, for an official early ballot.
In addition to name and address, the requesting elector shall provide the date of birth and state or country of birth or other information that if compared to the voter registration information on file would confirm the identity of the elector.
If the request indicates that the elector needs a primary election ballot and a general election ballot, the county recorder or other officer in charge of elections shall honor the request.
For any partisan primary election, if the elector is not registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16-804, the elector shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the elector may receive and vote the ballot of only that one political party, which also shall include any nonpartisan offices and ballot questions, or the elector shall designate the ballot for nonpartisan offices and ballot questions only and the elector may receive and vote the ballot that contains only nonpartisan offices and ballot questions.
The county recorder or other officer in charge of elections shall process any request for an early ballot for a municipal election pursuant to this subsection.
The county recorder may establish on-site early voting locations at the recorder's office, which shall be open and available for use beginning the same day that a county begins to send out the early ballots.
The county recorder may also establish any other early voting locations in the county the recorder deems necessary.
Any on-site early voting location or other early voting location shall require each elector to present identification as prescribed in section 16-579 before receiving a ballot.
Notwithstanding section 16-579, subsection A, paragraph 2, at any on-site early voting location or other early voting location the county recorder or other officer in charge of elections may provide for 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.
- 7 - S.B.
1733 B.
Notwithstanding subsection A of this section, a request for an official early ballot from 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;
52 United States Code section 20310) or a voter whose information is protected pursuant to section 16-153 that is received by the county recorder or other officer in charge of elections more than ninety-three days before the election is valid.
If requested by the absent uniformed services or overseas voter, or a voter whose information is protected pursuant to section 16-153, the county recorder or other officer in charge of elections shall provide to the requesting voter early ballot materials through the next regularly scheduled general election for federal office immediately following receipt of the request unless a different period of time, which does not exceed the next two regularly scheduled general elections for federal office, is designated by the voter.
C.
The county recorder or other officer in charge of elections shall mail the early ballot and the envelope for its return postage prepaid to the address provided by the requesting elector within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to section 16-545, except that early ballot distribution shall not begin more than twenty-seven days before the election.
If an early ballot request is received on or before the thirty-first day before the election, the early ballot shall be distributed not earlier than the twenty-seventh day before the election and not later than the twenty-fourth day before the election.
D.
Only the elector may be in possession of that elector's unvoted early ballot.
If a complete and correct request is made by the elector within twenty-seven days before the election, the mailing must be made within forty-eight hours after receipt of the request.
Saturdays, Sundays and other legal holidays are excluded from the computation of the forty-eight hour FORTY-EIGHT-HOUR period prescribed by this subsection.
If a complete and correct request is made by an absent uniformed services voter or an overseas voter before the election, the regular early ballot shall be transmitted by mail, by fax or by other electronic format approved by the secretary of state within twenty-four hours after the early ballots are delivered pursuant to section 16-545, subsection B, excluding Sundays.
E.
In order to be complete and correct and to receive an early ballot by mail, an elector's request that an early ballot be mailed to the elector's residence or temporary address must include all of the information prescribed by subsection A of this section and must be received by the county recorder or other officer in charge of elections no NOT later than 5:00 p.m.
on the eleventh day preceding the election.
An elector who appears personally no NOT later than 5:00 7:00 p.m.
on the Friday preceding the election at an on-site early voting location that is - 8 - S.B.
1733 established by the county recorder or other officer in charge of elections shall be given a ballot after presenting identification as prescribed in section 16-579 and shall be permitted ALLOWED to vote at the on-site location.
Notwithstanding section 16-579, subsection A, paragraph 2, at any on-site early voting location the county recorder or other officer in charge of elections may provide for 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.
If an elector's request to receive an early ballot is not complete and correct but complies with all other requirements of this section, the county recorder or other officer in charge of elections shall attempt to notify the elector of the deficiency of the request.
F.
Unless an elector specifies that the address to which an early ballot is to be sent is a temporary address, the recorder may use the information from an early ballot request form to update voter registration records.
G.
The county recorder or other officer in charge of early balloting shall provide an alphabetized list of all voters in the precinct who have requested and have been sent an early ballot to the election board of the precinct in which the voter is registered not later than the day before the election.
H.
As a result of experiencing an emergency between 5:00 7:00 p.m.
on the Friday preceding the election and 5:00 p.m.
on the Monday preceding the election, qualified electors may request to vote in the manner prescribed by the board of supervisors of their respective county.
Before voting pursuant to this subsection, an elector 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 7:00 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.
For the purposes of this subsection, "emergency" means any unforeseen circumstances that would prevent the elector from voting at the polls.
I.
Notwithstanding section 16-579, subsection A, paragraph 2, for any voting pursuant to subsection H 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.
J.
A candidate, political committee or other organization may distribute early ballot request forms to voters.
If the early ballot request forms include a printed address for return, the addressee shall be - 9 - S.B.
1733 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 request.
K.
All original and completed early ballot 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, political committee or other organization 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 early ballot request form within the prescribed time is subject to a civil penalty of up to $25 per day for each completed form withheld from submittal.
Any person who knowingly fails to submit a completed early ballot request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.
L.
Except for a voter who is on the active early voting list prescribed by section 16-544, a voter who requests a onetime early ballot pursuant to THIS section 16-542 or for an election conducted pursuant to section 16-409 or article 8.1 of this chapter, a county recorder, city or town clerk or other election officer may not deliver or mail an early ballot to a person who has not requested an early ballot for that election.
An election officer who knowingly violates this subsection is guilty of a class 5 felony.
Sec.
5.
Section 16-547, Arizona Revised Statutes, is amended to read:
16-547.
Ballot affidavit;
form A.
The early ballot shall be accompanied by 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:
I declare the following under penalty of perjury:
I am a registered voter in ___________ county Arizona, 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.
If the voter was assisted by another person in marking the ballot, complete the following:
I declare the following under penalty of perjury:
At the registered voter's request I assisted the voter identified in this affidavit with marking the voter's ballot, I marked the ballot as directly instructed by the voter, I provided the assistance because the voter was physically unable to mark the - 10 - S.B.
1733 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 the voter cannot physically mark the ballot.
Name of voter assistant:
_____________________________ Address of voter assistant:
__________________________ B.
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 (P.L.
99-410;
52 United States Code section 20301).
Otherwise, the envelopes shall be the same as those used to send ballots to, or receive ballots from, other early voters.
C.
The officer charged by law with the duty of preparing ballots at any election shall ensure that the early ballot is sent in an envelope that states substantially the following:
If the 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 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, .
AND:
1.
THROUGH 2025, the instructions shall include the following statement:
In order to be valid and counted, the ballot and MAIL 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 not later than 7:00 p.m.
on election day.
The ballot will not be counted without the voter's signature on the envelope.
(WARNING — It is a felony to offer or receive any compensation for a ballot.) 2.
BEGINNING IN 2026, THE INSTRUCTIONS SHALL INCLUDE THE FOLLOWING STATEMENT:
IN ORDER TO BE VALID AND COUNTED, THE MAIL AFFIDAVIT THAT CONTAINS THE MAIL BALLOT MUST HAVE THE VOTER'S SIGNATURE ON THE ENVELOPE AND MUST BE RETURNED TO THE OFFICE OF THE COUNTY RECORDER BY ANY ONE OF THE FOLLOWING METHODS:
(c) BRINGING THE BALLOT TO ANY POLLING PLACE IN THE COUNTY NOT LATER THAN 7:00 P.M.
- 11 - S.B.
ON ELECTION DAY AND CHOOSING TO PRESENT VALID IDENTIFICATION THAT COMPLIES WITH SECTION 16-579, SUBSECTION A, PARAGRAPH 1, ARIZONA REVISED STATUTES." Line 23, strike "3" insert "4" Line 24, strike "ballot MAIL" insert "MAIL ballot" Line 34, strike "business CALENDAR" insert "business" Line 37, strike "COUNTY" Line 38, strike the first "RECORDER'S" insert "OFFICE'S";
1733 (c) BRINGING THE BALLOT TO ANY POLLING PLACE IN THE COUNTY NOT LATER THAN 7:00 P.M.
after the second "RECORDER'S" insert "AND CITY OR TOWN CLERKS'" Line 39, after "OPEN" insert "DURING REGULAR BUSINESS HOURS";
ON ELECTION DAY AND CHOOSING TO PRESENT VALID IDENTIFICATION THAT COMPLIES WITH SECTION 16-579, SUBSECTION A, PARAGRAPH 1, ARIZONA REVISED STATUTES.
after the first and second "THE" insert "FRIDAY AND" Page 23, strike lines 3 and 4, insert "SIGNATURES THAT CANNOT BE VERIFIED PURSUANT TO SECTION 16-550.01 OR CURED PURSUANT TO THIS SECTION SHALL BE REJECTED.
(WARNING — IT IS A FELONY TO OFFER OR RECEIVE ANY COMPENSATION FOR A BALLOT.) E.
BEGINNING WITH THE FIRST MISSING OR" Line 8, strike "TWO LARGEST POLITICAL PARTIES IN THIS STATE" insert "POLITICAL PARTIES THAT ARE QUALIFIED FOR CONTINUED REPRESENTATION ON THE STATE BALLOT" Line 11, strike "FIFTH CALENDAR DAY" insert "END OF THE SIGNATURE CURE PERIOD" Line 15, strike "TWO LARGEST POLITICAL PARTIES IN THIS STATE" insert "POLITICAL PARTIES THAT ARE QUALIFIED FOR CONTINUED REPRESENTATION ON THE STATE BALLOT" - 2 - Senate Amendments to S.B.
The printed instructions prescribed by subsection D of this section shall also include the following information regarding section 16-1005, subsections H and I in substantially the following form:
1733 Page 23, line 17, after "RECORD" insert "AND ALL VOTERS WHO VOTED WITH A CONDITIONAL PROVISIONAL BALLOT";
A person may only handle or return their own ballot or the ballot of family members, household members or persons for whom they are a caregiver.
strike "SIGNATURE" insert "SIGNATURES" Line 19, strike "TWO MAJOR";
It is unlawful under section 16-1005 to handle or return the ballot of any other person.
after "PARTIES" insert "THAT ARE QUALIFIED FOR CONTINUED REPRESENTATION ON THE STATE BALLOT" Lines 22 and 26, after "MAIL" insert "BALLOT" Line 44, strike "THE END OF BALLOT" Line 45, strike "TABULATION" insert "ALL BALLOT TABULATION IS COMPLETE" Page 25, line 6, after "ASSISTANT" insert ", EXCEPT THAT THE COUNTY RECORDER SHALL CONTACT THE VOTER BEFORE THE BALLOT IS TABULATED TO CONFIRM THE MARK AND THAT THE VOTER REQUIRED ASSISTANCE" Between lines 29 and 30, insert:
Sec.
"I.
6.
Section 16-550, Arizona Revised Statutes, is amended to read:
16-550.
Receipt of voter's ballot;
cure period;
tracking system A.
Except for early ballots tabulated as prescribed in section 16-579.02 OR, BEGINNING IN 2026, RECEIVED AT A VOTING LOCATION AFTER A VOTER'S IDENTIFICATION IS CONFIRMED AS PRESCRIBED BY SECTION 16-579, SUBSECTION A, PARAGRAPH 4, on receipt of the envelope containing the early ballot and the MAIL ballot affidavit, the county recorder or other officer in charge of elections shall compare the signatures thereon SIGNATURE ON THE ENVELOPE with the signature of the elector on the elector's registration record AS PRESCRIBED BY SECTION 16-550.01.
If the signature is inconsistent with the elector's signature on the elector's registration record, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the voter, advise the voter of the inconsistent signature and allow the voter to correct or the county to confirm the inconsistent signature.
The county recorder or other officer in charge of elections shall allow signatures to be corrected not later than the fifth business day after a primary, general or special election that includes a federal office or the third business day after any other election.
IF THE ELECTION IS A PRIMARY, GENERAL OR SPECIAL ELECTION THAT INCLUDES A FEDERAL OFFICE, IN ADDITION TO THE OFFICE'S REGULAR BUSINESS HOURS, THE COUNTY RECORDER'S AND CITY OR TOWN CLERKS' OFFICES SHALL BE OPEN DURING REGULAR BUSINESS HOURS TO ALLOW FOR CURING SIGNATURES DURING THE FRIDAY AND WEEKEND BEFORE AND THE FRIDAY AND WEEKEND AFTER THE ELECTION.
If the signature is missing, the county recorder or other officer in charge of elections shall make reasonable efforts to contact the elector, advise the elector of the missing signature and allow the elector to add the elector's signature not later than 7:00 p.m.
on election day.
If satisfied that the signatures correspond, the recorder or other officer in charge of elections shall hold the envelope containing the early ballot and the completed MAIL affidavit unopened in accordance - 12 - S.B.
1733 with the rules of the secretary of state.
SIGNATURES THAT CANNOT BE VERIFIED PURSUANT TO SECTION 16-550.01 OR CURED PURSUANT TO THIS SECTION SHALL BE REJECTED.
BEGINNING WITH THE FIRST MISSING OR MISMATCHED SIGNATURE THAT IS IDENTIFIED AFTER THE PERIOD OF EARLY VOTING BEGINS THROUGH THE MONDAY IMMEDIATELY PRECEDING THE ELECTION, THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL SUBMIT DAILY TO THE POLITICAL PARTIES THAT ARE QUALIFIED FOR CONTINUED REPRESENTATION ON THE STATE BALLOT AN UPDATED LIST OF ALL VOTERS WHOSE SIGNATURES ARE MISSING OR INCONSISTENT WITH THE VOTER'S SIGNATURE ON THE VOTER'S REGISTRATION RECORD.
BEGINNING ON THE WEDNESDAY IMMEDIATELY FOLLOWING THE ELECTION THROUGH THE END OF THE SIGNATURE CURE PERIOD AFTER A PRIMARY, GENERAL OR SPECIAL ELECTION THAT INCLUDES A FEDERAL OFFICE, OR THE THIRD BUSINESS DAY AFTER THE ELECTION FOR ANY OTHER ELECTION, THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL SUBMIT DAILY TO THE POLITICAL PARTIES THAT ARE QUALIFIED FOR CONTINUED REPRESENTATION ON THE STATE BALLOT AN UPDATED LIST OF ALL VOTERS WHOSE SIGNATURES ARE INCONSISTENT WITH THE VOTER'S SIGNATURE ON THE VOTER'S REGISTRATION RECORD AND ALL VOTERS WHO VOTED WITH A CONDITIONAL PROVISIONAL BALLOT.
THIS LIST OF VOTERS WHOSE SIGNATURES REQUIRE CURING SHALL INCLUDE FOR THOSE VOTERS ALL VOTER INFORMATION THAT IS PROVIDED TO THE POLITICAL PARTIES THAT ARE QUALIFIED FOR CONTINUED REPRESENTATION ON THE STATE BALLOT AS PRESCRIBED BY SECTION 16-168.
B.
The recorder or other officer in charge of elections shall thereafter safely keep the MAIL BALLOT affidavits and early ballots in the recorder's or other officer's office and may deliver them for tallying pursuant to section 16-551.
Tallying C.
PROCESSING AND TABULATION of INDIVIDUAL ballots may begin immediately after the envelope and completed MAIL BALLOT affidavit are processed pursuant to this section and delivered to the early election board AND SHALL CONTINUE WITHOUT DELAY UNTIL COMPLETED.
UNTIL ELECTION DAY, THE EARLY ELECTION BOARD AND THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL:
1.
NOT ACCESS AN AGGREGATED COMPLETE RESULTS FILE OF EARLY VOTING AND VOTE BY MAIL BALLOTS THAT WERE PROCESSED AND TABULATED BY THE END OF THE EARLY VOTING PERIOD.
2.
NOT PRODUCE FOR INTERNAL OR EXTERNAL USE AN AGGREGATED RESULTS REPORT OR ASSOCIATED FILES OF COMPLETE RESULTS.
3.
ONLY PRODUCE A PARTIAL RESULTS REPORT OR ASSOCIATED FILES IF IT IS PART OF THE INTERNAL PREPARATION FOR THE HAND COUNT PURSUANT TO SECTION 16-602 OR FOR THE LOGIC AND ACCURACY TESTING REQUIRED PURSUANT TO SECTION 16-449.
4.
NOT PUBLICLY RELEASE COMPLETE OR PARTIAL RESULTS, WHETHER FOR INTERNAL OR EXTERNAL USE, UNTIL ALL PRECINCTS HAVE REPORTED OR ONE HOUR AFTER THE CLOSING OF THE POLLS ON ELECTION DAY, WHICHEVER IS EARLIER.
- 13 - S.B.
1733 D.
THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL POST ON ITS WEBSITE WITHIN FORTY-EIGHT HOURS AFTER ALL BALLOT TABULATION IS COMPLETE ALL SYSTEM LOG FILES AND OTHER SIMILAR FILES FROM THE ELECTION MANAGEMENT SYSTEM THAT VERIFY COMPLIANCE WITH SUBSECTION C OF THIS SECTION.
C.
E.
The county recorder shall send a list of all voters who were issued early ballots to the election board of the precinct in which the voter is registered.
D.
F.
For a county that uses early ballots, the county recorder or other officer in charge of elections shall provide an early ballot tracking system that indicates whether the voter's early ballot has been received and whether the early ballot has been verified and sent to be tabulated or rejected.
The county recorder or other officer in charge of elections shall provide voters with access to the early ballot tracking system on the county's website.
E.
G.
This section does not apply to:
1.
A special taxing district that is authorized pursuant to section 16-191 to conduct its own elections.
2.
A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter.
Sec.
7.
Title 16, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 16-550.01, to read:
16-550.01.
Signature verification;
procedures;
exemption;
intent;
definitions A.
EXCEPT FOR EARLY BALLOTS TABULATED AS PRESCRIBED IN SECTION 16-579.02, ON RECEIPT OF THE ENVELOPE CONTAINING THE EARLY BALLOT AND THE BALLOT AFFIDAVIT, THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL CONDUCT SIGNATURE VERIFICATION AS PRESCRIBED BY THIS SECTION.
B.
THE EVALUATOR SHALL EXAMINE ALL THE BROAD CHARACTERISTICS OF THE SIGNATURE.
IF THE BROAD CHARACTERISTICS OF THE SIGNATURE ON THE BALLOT AFFIDAVIT ARE CLEARLY CONSISTENT WITH THE BROAD CHARACTERISTICS OF THE VOTER'S SIGNATURE IN THE VOTER'S REGISTRATION RECORD, THE EVALUATOR MAY ACCEPT THE SIGNATURE AS VALID.
C.
IF THE EVALUATOR FINDS DISCREPANCIES BETWEEN THE SIGNATURE ON THE BALLOT AFFIDAVIT AND THE VOTER'S SIGNATURE IN THE VOTER'S REGISTRATION RECORD, THE EVALUATOR SHALL EXAMINE THE LOCAL CHARACTERISTICS OF THE SIGNATURE.
IF THE LOCAL CHARACTERISTICS OF THE SIGNATURE ON THE BALLOT AFFIDAVIT ARE CLEARLY CONSISTENT WITH THE LOCAL CHARACTERISTICS OF THE VOTER'S SIGNATURE IN THE VOTER'S REGISTRATION RECORD, THE EVALUATOR MAY ACCEPT THE SIGNATURE AS VALID.
D.
IF THE EVALUATOR FINDS A COMBINATION OF BROAD AND LOCAL CHARACTERISTIC DIFFERENCES BETWEEN THE SIGNATURE ON THE BALLOT AFFIDAVIT AND THE VOTER'S SIGNATURE IN THE VOTER'S REGISTRATION RECORD, THE EVALUATOR SHALL DENOTE THE SIGNATURE FOR A SECOND REVIEW THAT SHALL BE - 14 - S.B.
1733 CONDUCTED BY AN EVALUATOR USING THE SAME STANDARDS PRESCRIBED BY THIS SECTION.
E.
ELECTRONIC SIGNATURES SHALL BE EVALUATED AS PRESCRIBED BY THIS SECTION, EXCEPT THAT ELECTRONIC SIGNATURES THAT USE A TYPED FONT SHALL BE REJECTED.
F.
THE LEGISLATURE INTENDS THAT THE ILLUSTRATIONS OF BROAD AND LOCAL CHARACTERISTICS IN THE 2020 SECRETARY OF STATE'S SIGNATURE VERIFICATION GUIDE BE USED AS REFERENCE.
G.
FOR THE PURPOSES OF THIS SECTION:
1.
"BROAD CHARACTERISTICS" MEANS ALL OF THE FOLLOWING:
(a) THE TYPE OF WRITING.
(b) THE SPEED OF WRITING.
(c) OVERALL SPACING.
(d) OVERALL SIZE AND PROPORTIONS.
(e) POSITION OF THE SIGNATURE.
(f) SPELLING AND PUNCTUATION.
2.
"EVALUATOR" MEANS THE INDIVIDUAL WHO IS DESIGNATED BY THE COUNTY RECORDER OR OFFICER IN CHARGE OF ELECTIONS AND WHO CONDUCTS SIGNATURE VERIFICATION.
3.
"LOCAL CHARACTERISTICS" MEANS ALL OF THE FOLLOWING:
(a) INTERNAL SPACING.
(b) THE SIZE OR PROPORTIONS OF A LETTER OR LETTER COMBINATION.
(c) CURVES, LOOPS AND CROSS POINTS.
(d) THE PRESENCE OR ABSENCE OF PEN LIFTS.
(e) BEGINNING AND ENDING STROKES.
4.
"SIGNATURE VERIFICATION" MEANS THE PROCESS OF MANUALLY COMPARING THE SIGNATURE ON A VOTER'S AFFIDAVIT ENVELOPE OR BALLOT AFFIDAVIT WITH THE VOTER'S SIGNATURE IN THE VOTER'S REGISTRATION RECORD.
H.
THIS SECTION IS NOT INTENDED TO REQUIRE AN EXACT MATCH." Page 26, line 2, strike "AND," Strike line 3 Line 4, strike "CONFIRMED AT A VOTING LOCATION";
THIS SECTION IS NOT INTENDED TO REQUIRE AN EXACT MATCH.
after "MAIL" insert "BALLOT" Line 6, after the period insert "BEGINNING IN 2026, ALL EARLY BALLOTS THAT ARE DELIVERED BY A VOTER TO A VOTING LOCATION WITHOUT PRESENTING IDENTIFICATION THAT COMPLIES WITH SECTION 16-579, SUBSECTION A, PARAGRAPH 1 MUST BE SIGNATURE VERIFIED." Lines 42 and 44, after " MAIL" insert "BALLOT" Page 27, line 2, strike "3" insert "4" Page 28, lines 9, 13, 15 and 17, after "MAIL" insert "BALLOT" - 3 - Senate Amendments to S.B.
Sec.
1733 Page 29, strike lines 40 and 41 Line 42, strike "STAMP THAT READS ID VERIFIED" insert:
8.
"(c) STAMP THE SIGNED AFFIDAVIT WITH A STAMP THAT READS "ID VERIFIED" AND PLACE THE STAMPED AFFIDAVIT THAT CONTAINS THE EARLY BALLOT IN A SECURED BALLOT BOX THAT IS LABELED FOR EARLY BALLOTS";
Section 16-551, Arizona Revised Statutes, is amended to read:
strike "MAILED" insert "STAMPED" Page 33, lines 15, 16, 19 and 21, after the comma insert "NOT LATER THAN" Between lines 21 and 22, insert:
16-551.
"3.
Early election board;
THE GOVERNING BODY OF A CITY, TOWN OR SPECIAL DISTRICT SHALL MEET AND CANVASS THE ELECTION NOT LESS THAN SIX DAYS AND NOT MORE THAN TWENTY DAYS FOLLOWING THE ELECTION." Page 36, line 22, strike "A.";
violation;
strike "canvass shows COUNTY CANVASSES SHOW" insert "canvass shows" Strike lines 36 through 43 Page 37, line 24, after "SECTION" strike remainder of line Strike line 25, insert "MAY BEGIN BEFORE THE MACHINE TABULATION OF BALLOTS FOR THE COURT-ORDERED RECOUNT IS COMPLETE." Line 45, strike "WITHIN" insert "NOT MORE THAN";
classification A.
strike "IN ORDER TO" Page 38, strike lines 1 through 4 Line 5, strike "SYSTEMS" insert "EACH TEAM THAT IS CONDUCTING A LOGIC AND ACCURACY TEST SHALL BE SUPERVISED BY A CERTIFIED ELECTION OFFICER" Line 8, strike "FIVE" insert "THREE";
The board of supervisors or the governing body of the political subdivision shall appoint one or more early election boards to serve at places to be designated by the board of supervisors or the governing body to canvass and tally early election ballots.
after "FROM" strike remainder of line insert "A VOTING SYSTEM VENDOR FOR A VOTING SYSTEM THAT IS USED IN THAT COUNTY." Strike lines 9 through 44 Page 39, strike lines 1 through 25 Renumber to conform Page 40, strike lines 12 through 36, insert:
Members of early election boards shall be selected in accordance with the provisions for selecting members of regular election boards as provided in section 16-531.
"Sec.
- 15 - S.B.
1733 B.
If an electronic voting system is in use for early voting, the early election board shall consist of at least one inspector and two judges who shall perform the processing requirements in accordance with the rules issued by the secretary of state.
The inspector and judges shall be appointed in the same manner by party as provided in section 16-531.
C.
All early ballots received by the county recorder or other officer in charge of elections before 7:00 p.m.
on election day and the original MAIL BALLOT affidavit of the voter shall be delivered to the early election boards for processing as provided in the rules of the secretary of state.
BEGINNING IN 2026, ALL EARLY BALLOTS THAT ARE DELIVERED BY A VOTER TO A VOTING LOCATION WITHOUT PRESENTING IDENTIFICATION THAT COMPLIES WITH SECTION 16-579, SUBSECTION A, PARAGRAPH 1 MUST BE SIGNATURE VERIFIED.
The office of the county recorder or other officer in charge of elections shall remain open until 7:00 p.m.
on election day for the purpose of receiving early ballots.
Partial or complete tallies of the early election board shall not be released or divulged before all precincts have reported or one hour after the closing of the polls on election day, whichever occurs first.
Any person who unlawfully releases information regarding vote tallies or who possesses a tally sheet or summary without authorization from the recorder or officer in charge of elections is guilty of a class 6 felony.
D.
If practicable, The county recorder or other officer in charge of elections shall count the number of early ballots that are returned at voting locations on election day and shall post on its website those totals with the last unofficial results that are released on election night pursuant to section 16-622.
Beginning with the day following the election, the county recorder or other officer in charge of elections shall enter into the county's ballot tracking system, if established, early ballots that were returned at the voting location on election day.
E.
The necessary printed blanks for poll lists, tally lists, lists of voters, ballots, oaths and returns, together with envelopes in which to enclose the returns, shall be furnished by the board of supervisors or the governing body of the political subdivision to the early election board for each election precinct at the expense of the county or the political subdivision.
Sec.
9.
Section 16-552, Arizona Revised Statutes, is amended to read:
16-552.
Early ballots;
processing;
challenges A.
In a jurisdiction that uses optical scan ballots, the officer in charge of elections may use the procedure prescribed by this section or may request approval from the secretary of state for a different method for processing early ballots.
The request shall be made in writing at least ninety days before the election for which the procedure is intended to be used.
After the election official has confirmed with the secretary - 16 - S.B.
1733 of state that all election equipment passes the logic and accuracy test, the election official may begin to count early ballots.
No early ballot results may be released except as prescribed by section 16-551.
B.
The early election board shall check the voter's MAIL BALLOT affidavit on the envelope containing the early ballot.
If it is found to be sufficient, the vote shall be allowed.
If the MAIL BALLOT affidavit is insufficient, the vote shall not be allowed.
BEGINNING IN 2026, FOR AN EARLY BALLOT THAT IS RECEIVED AND VERIFIED AS PRESCRIBED BY SECTION 16-579, SUBSECTION A, PARAGRAPH 4, ADDITIONAL SIGNATURE VERIFICATION IS NOT REQUIRED.
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 - 17 - S.B.
1733 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 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 MAIL BALLOT 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 MAIL BALLOT 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 MAIL BALLOT affidavit envelope and its contents shall then be deposited with the opened MAIL BALLOT 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.
10.
Section 16-579, Arizona Revised Statutes, is amended to read:
16-579.
Procedure for obtaining ballot by elector 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:
- 18 - S.B.
1733 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 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.
THROUGH 2025, 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.
BEGINNING IN 2026, AT ANY VOTING LOCATION THE VOTER MAY CHOOSE TO PROVIDE IDENTIFICATION WHEN PRESENTING THE VOTER'S MAILED EARLY BALLOT, AND IF SO THE ELECTION OFFICIAL SHALL:
(a) REQUIRE THE VOTER TO PRESENT IDENTIFICATION THAT COMPLIES WITH PARAGRAPH 1 OF THIS SUBSECTION.
- 19 - S.B.
1733 (b) CONFIRM THAT THE NAME AND ADDRESS ON THE IDENTIFICATION REASONABLY APPEAR TO BE THE SAME NAME AND ADDRESS SHOWN ON THE VOTER'S REGISTRATION RECORD.
(c) STAMP THE SIGNED AFFIDAVIT WITH A STAMP THAT READS "ID VERIFIED" AND PLACE THE STAMPED AFFIDAVIT THAT CONTAINS THE EARLY BALLOT IN A SECURED BALLOT BOX THAT IS LABELED FOR EARLY BALLOTS.
THE STAMPED AFFIDAVIT ENVELOPE IS NOT REQUIRED TO BE REVIEWED AT THE VOTING LOCATION, 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.
(d) MAINTAIN A TALLY OF THE NUMBER OF BALLOTS THAT HAVE BEEN DEPOSITED IN THE SECURED BALLOT BOX AND 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 SUFFICIENT TO RECORD AND MAINTAIN THE CHAIN OF CUSTODY FOR THOSE BALLOTS.
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 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 - 20 - S.B.
1733 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.
Sec.
11.
Section 16-584, Arizona Revised Statutes, is amended to read:
16-584.
Qualified elector not on precinct register;
recorder's certificate;
verified ballot;
procedure A.
A qualified elector whose name is not on the precinct register and who presents a certificate from the county recorder showing that the elector is entitled by law to vote in the precinct shall be entered on the signature roster on the blank following the last printed name and shall be given the next consecutive register number, and the qualified elector shall sign in the space provided.
B.
A qualified elector whose name is not on the precinct register, on presentation of identification verifying the identity of the elector that includes the voter's given name and surname and the complete residence address that is verified by the election board to be in the precinct or on signing an affirmation that states that the elector is a registered voter in that jurisdiction and is eligible to vote in that jurisdiction, shall be allowed to vote a provisional ballot.
C.
If a voter has moved to a new address within the county and has not notified the county recorder of the change of address before the date of an election, the voter shall be permitted ALLOWED to correct the voting records for purposes of voting in future elections at the appropriate polling place for the voter's new address.
The voter shall be permitted ALLOWED to vote a provisional ballot.
The voter shall present a form of identification that includes the voter's given name and surname and the voter's complete residence address.
The residence address must be within the precinct in which the voter is attempting to vote, and the voter shall affirm in writing that the voter is registered in that jurisdiction and is eligible to vote in that jurisdiction.
- 21 - S.B.
1733 D.
On completion of the ballot, the election official shall place the ballot in a provisional ballot envelope and shall deposit the envelope in the ballot box.
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Action History

  1. DPA

  2. Senate Second Reading

  3. DP

  4. Senate First Reading

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"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.

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Frequently asked questions

Who sponsors SB 1733?
SB 1733 is sponsored by John Kavanagh (Republican), Wendy Rogers (Republican), Ken Bennett, and Sonny Borrelli.
What is the current status of SB 1733?
This bill died with 56th Legislature - Second Regular Session. It reached “In Committee” 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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