Arizona 56th Legislature - Second Regular Session Status: Passed House 2 R cosponsors

HB 2876 — elections; mailing; curing; canvassing; precincts

Last action — Senate Second Reading

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

This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

528 added · 481 removed

Plain-language change summary

In the updated version of House Bill 2876, new language has been added to clarify the process for consolidating polling places and establishing voting centers. It emphasizes that these changes will help ensure that there are enough polling locations available on election day, which is important for making voting more accessible. The bill also details how emergency voting centers can be set up for specific elections, allowing voters to cast their ballots in urgent situations. Overall, these amendments aim to improve the election process and voter experience.

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HOUSE FLOOR AMENDMENT EXPLANATION Bill Number:
House Engrossed elections;
HB 2876 Carbone Floor Amendment • Conforms sections of existing law affected by the passing of Laws 2024, Chapter 1, an emergency measure.
mailing;
Amendment explanation prepared by J.
curing;
Hobbins Phone Number 6-3649 jh 2/20/2024 Fifty-sixth Legislature Carbone Second Regular Session H.B.
canvassing;
2876 CARBONE FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
precincts State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HOUSE BILL 2876 AN ACT AMENDING SECTIONS 16-411, 16-541, 16-542, 16-550, 16-558.01, 16-642 AND 16-648, ARIZONA REVISED STATUTES;
2876 (Reference to printed bill) Page 1, strike lines 4 through 44 Strike pages 2 and 3 Page 4, strike lines 1 through 37, insert:
RELATING TO CONDUCT OF ELECTIONS.
"16-411.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
2876 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.
House Amendments to H.B.
B.
2876 B.
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.
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 - 1 - H.B.
2876 places and precinct boards for that election.
Voting centers may be established in -2- House Amendments to H.B.
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.
2876 coordination and consultation with the county recorder, at other county offices or at other locations in the county deemed appropriate.
If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election -3- House Amendments to H.B.
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.
2876 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 - 2 - H.B.
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:
2876 consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply:
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 -4- House Amendments to H.B.
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.
2876 city, county or state election when requested by the officer in charge of elections.
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.
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 - 3 - H.B.
2876 emergency designation.
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 -5- House Amendments to H.B.
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:
2876 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:
The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls." Page 5, strike lines 26 through 44 Strike pages 6 through 9 -6- House Amendments to H.B.
The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls.
2876 Page 10, strike lines 1 through 7, insert:
Sec.
"16-542.
2.
Section 16-541, Arizona Revised Statutes, is amended to read:
16-541.
Early voting A.
Any election called pursuant to the laws of this state shall provide for early voting AS PRESCRIBED BY THIS SECTION, including voting - 4 - H.B.
2876 by the use of an accessible vote by United States mail option for persons who are blind or have a visual impairment.
Any qualified elector may vote by early ballot.
NOTWITHSTANDING ANY OTHER LAW, A QUALIFIED ELECTOR MAY VOTE BY EARLY BALLOT ONLY IF:
1.
THE QUALIFIED ELECTOR IS REGISTERED TO VOTE IN THIS STATE AND IS A STUDENT WHO IS TEMPORARILY ABSENT FROM THIS STATE FOR THE PURPOSE OF ATTENDING SCHOOL.
THE STUDENT SHALL PROVIDE DOCUMENTATION TO THE COUNTY RECORDER THAT DEMONSTRATES THE STUDENT IS TEMPORARILY ABSENT FROM THIS STATE TO ATTEND SCHOOL.
2.
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THE QUALIFIED ELECTOR IS REGISTERED TO VOTE IN THIS STATE AND IS REQUIRED TO TEMPORARILY RESIDE OUTSIDE THIS STATE.
THE QUALIFIED ELECTOR SHALL PROVIDE DOCUMENTATION TO THE COUNTY RECORDER THAT DEMONSTRATES THAT THE QUALIFIED ELECTOR IS REQUIRED TO TEMPORARILY RESIDE OUTSIDE THIS STATE.
3.
THE QUALIFIED ELECTOR IS REQUIRED TO TRAVEL ON ELECTION DAY AND PROVIDES DOCUMENTATION TO THE COUNTY RECORDER THAT DEMONSTRATES THAT THE QUALIFIED ELECTOR IS REQUIRED TO TRAVEL.
4.
THE QUALIFIED ELECTOR IS ELDERLY OR IS A PERSON WITH A DISABILITY.
5.
THE QUALIFIED ELECTOR IS ELIGIBLE TO VOTE UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (P.L.
99-410;
100 STAT.
924;
52 UNITED STATES CODE SECTION 20310).
B.
A qualified elector of a special district organized pursuant to title 48 shall be permitted to vote early in any special district mail ballot election as provided in article 8.1 of this chapter.
Sec.
3.
Section 16-542, Arizona Revised Statutes, is amended to read:
16-542.
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.
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 - 5 - H.B.
2876 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.
Any on-site early voting location or other early voting location shall require each elector -7- House Amendments to H.B.
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.
2876 to present identification as prescribed in section 16-579 before receiving a ballot.
If an early ballot request is received on or before the thirty-first THIRTY-EIGHTH day before the election, the early ballot shall be distributed not earlier than the twenty-seventh THIRTY-FOURTH day -8- House Amendments to H.B.
If an early ballot request is received on or before the thirty-first THIRTY-EIGHTH day before the election, the early ballot shall be distributed not earlier than the - 6 - H.B.
2876 before the election and not later than the twenty-fourth THIRTY-FIRST day before the election.
2876 twenty-seventh THIRTY-FOURTH day before the election and not later than the twenty-fourth THIRTY-FIRST day before the election.
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 -9- House Amendments to H.B.
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.
2876 charge of elections shall attempt to notify the elector of the deficiency of the request.
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.
on the Monday preceding the election, qualified electors may request to vote in the manner - 7 - H.B.
2876 prescribed by the board of supervisors of their respective county.
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 -10- House Amendments to H.B.
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.
2876 secretary of state's instructions and procedures manual adopted pursuant to section 16-452.
-11- House Amendments to H.B.
- 8 - H.B.
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 -12- House Amendments to H.B.
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 with the rules of the secretary of state.
2876 affidavit unopened in accordance with the rules of the secretary of state.
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.
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 - 9 - H.B.
2876 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.
Until election -13- House Amendments to H.B.
Until election day, the early election board and the county recorder or other officer in charge of elections shall:
2876 day, the early election board and the county recorder or other officer in charge of elections shall:
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.
The county recorder or other officer in charge of - 10 - H.B.
2876 elections shall provide voters with access to the early ballot tracking system on the county's website.
-14- House Amendments to H.B.
2.
2876 2.
A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter.
A special district mail ballot election that is conducted pursuant to article 8.1 of this chapter." Page 10, strike lines 28 through 42 Page 11, strike lines 1 through 19, insert:
Sec.
"16-642.
5.
Section 16-558.01, Arizona Revised Statutes, is amended to read:
16-558.01.
Mailing of ballots Not more than twenty-seven THIRTY-FOUR days before the election and not fewer than fifteen days before the election, the county recorder or other officer in charge of elections for the special district shall send by nonforwardable mail all official ballots with printed instructions and a return envelope bearing a printed ballot affidavit as described in section 16-547 to each qualified elector entitled to vote in the election.
The envelope in which the ballot is mailed shall be clearly marked with the statement required by the postmaster to receive an address correction and notification.
The district governing board shall determine whether the voter or the district governing board will pay for the postage for the return of electors' marked ballots.
An elector who votes in a special district mail ballot election shall return the elector's marked ballot to the recorder or other officer in charge of the election or to a designated depository site as provided in section 16-411 no NOT later than 7:00 p.m.
on the day of the election.
Sec.
6.
Section 16-642, Arizona Revised Statutes, is amended to read:
16-642.
B.
- 11 - H.B.
2876 B.
If, at the time of the meeting of the governing body, the returns from any polling place in the election district where the polls were opened and an election held are found to be missing, the canvass shall be -15- House Amendments to H.B.
If, at the time of the meeting of the governing body, the returns from any polling place in the election district where the polls were opened and an election held are found to be missing, the canvass shall be postponed from day to day until all the returns are received or until six postponements have been had.
2876 postponed from day to day until all the returns are received or until six postponements have been had.
The secretary of state, in the presence of the governor and the chief justice of the supreme court, shall canvass all proposed constitutional amendments and initiated or referred measures, as shown by the electronic or certified copies of the official canvass received from the several counties, and forthwith certify the result to the governor." Amend title to conform MICHAEL CARBONE 2876FloorCARBONE.docx 02/20/2024 03:22 PM C:
The secretary of state, in the presence of the governor and the chief justice of the supreme court, shall canvass all proposed constitutional amendments and initiated or referred measures, as shown by the electronic or certified copies of the official canvass received from the several counties, and forthwith certify the result to the governor.
MR -16-
Sec.
8.
Conforming legislation The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-seventh legislature, first regular session.
Sec.
9.
Short title This act may be cited as the "Free, Fair and Transparent Elections Act".
- 12 -
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Action History

  1. Senate Second Reading

  2. Senate First Reading

  3. Transmit to Senate

  4. PASSED

  5. DPA

  6. House Placed on Consent Calendar

  7. DP

  8. House Second Reading

  9. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 90 not signed on · 27 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (90)

90 members have not signed on to this bill.

Show all 90 →

"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 · 28 Nay
Party YeaNayPresentNot Voting
Democrat 02000
Republican 23000
Unaffiliated 8801
Total 312801
% of votes cast 52%47%0%2%
How each member voted (60)
Member Party Vote
Jevin D Hodge — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Charles W Lucking — Nay
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Not Voting
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Travis W. Grantham — Yea
Alma Hernandez Democrat Nay
Analise Ortiz Democrat Nay
Betty J Villegas Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori 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 →

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2876?
HB 2876 is sponsored by Neal Carter (Republican), Michael Carbone (Republican), and Jacqueline Parker.
What is the current status of HB 2876?
This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” 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 HB 2876?
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