elections; early voting; tabulation

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• Nov 16, 2025
  Prefiled.

  Housefiling
• Jan 11, 2026
  House First Reading.

  Housereading-1
• Jan 12, 2026
  House Second Reading

  Housereading-2

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.
2. 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.
3. 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. The board of supervisors
shall ensure that a reasonable and adequate number of polling places will
be designated for that election. Any consolidated polling places shall be
listed in separate sections of the order or resolution of the board.
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:
(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:
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 VOTING
LOCATION 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. F. 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.
H. G. 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.
I. H. 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
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.
J. I. 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.
K. J. 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.
4. 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.
5. The number of election board members and clerks and the number
of rosters that will reduce voter wait time at the polls.
Sec. 2. Section 16-449, Arizona Revised Statutes, is amended to
read:
16-449. Required test of equipment and programs; notice;
procedures manual
A. Within the period of time before the election day prescribed by
the secretary of state in the instructions and procedures manual adopted
pursuant to section 16-452, the board of supervisors or other election
officer in charge OF ELECTIONS, or for an election involving state or
federal candidates, the secretary of state, shall have TEST the automatic
tabulating equipment and programs tested to ascertain that the equipment
and programs will correctly count the votes cast for all offices and on
all measures. Public notice of the time and place of the test shall be
given at least forty-eight hours prior thereto BEFORE THE TEST by
publication once in one or more daily or weekly newspapers published in
the town, OR city or village using such equipment, if a newspaper is
published therein IN THE TOWN OR CITY, otherwise in a newspaper of general
circulation therein IN THE AREA. The test shall be observed by at least
two election inspectors, who shall not be of the same political party, and
shall be open to representatives of the political parties, candidates, the
press and the public. The test shall be conducted by processing a
preaudited group of ballots so marked as to record a predetermined number
of valid votes for each candidate and on each measure and shall include
for each office one or more ballots that have votes in excess of the
number allowed by law in order to test the ability of the automatic
tabulating equipment and programs to reject such votes. If any error is
detected, the cause therefor FOR THE ERROR shall be ascertained and
corrected and an errorless count shall be made before the automatic
tabulating equipment and programs are approved. A copy of a revised
program shall be filed with the secretary of state within forty-eight
hours after the revision is made. If the error was created by automatic
tabulating equipment malfunction, a report shall be filed with the
secretary of state within forty-eight hours after the correction is made,
stating the cause and the corrective action taken. The test shall be
repeated immediately before the start of the official count of the ballots
in the same manner as set forth above. After the completion of the count,
the programs used and the ballots shall be sealed, retained and disposed
of as provided for paper ballots.
B. Electronic ballot tabulating systems shall be tested for logic
and accuracy within seven days before their use for early balloting
pursuant to the instructions and procedures manual for electronic voting
systems that is adopted by the secretary of state as prescribed by section
16-452. The instructions and procedures manual shall include procedures
for the handling of ballots, the electronic scanning of ballots and any
other matters necessary to ensure the maximum degree of correctness,
impartiality and uniformity in the administration of an electronic ballot
tabulating system.
C. Notwithstanding subsections A and B of this section, if a county
uses accessible voting equipment to mark ballots and that accessible
voting equipment does not independently tabulate or tally votes, the
secretary of state in cooperation with the county officer in charge of
elections may designate a single date to test the logic and accuracy of
both the accessible voting equipment and electronic ballot tabulating
systems.
D. NOTWITHSTANDING SUBSECTION B OF THIS SECTION, FOR ANY COUNTY
THAT PROVIDES FOR ON-SITE TABULATION PURSUANT TO SECTIONS 16-579.01 AND
16-579.02, THE BOARD OF SUPERVISORS OR OFFICER IN CHARGE OF ELECTIONS
SHALL TEST THE ELECTRONIC BALLOT TABULATING EQUIPMENT TO BE USED PURSUANT
TO SECTION 16-579.01 FOR LOGIC AND ACCURACY WITHIN FIFTY DAYS BEFORE
ELECTION DAY. THIS SUBSECTION DOES NOT AFFECT THE DEADLINES FOR
PERFORMING LOGIC AND ACCURACY TESTING ON OTHER EQUIPMENT.
Sec. 3. 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.
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 (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 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
not later than 5:00 p.m. on the eleventh day preceding the election. An
elector who appears personally not later than 7:00 p.m. on the Friday
MONDAY preceding the election at an on-site early voting location OR OTHER
EARLY VOTING LOCATION that is 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 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 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 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. H. 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
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. I. 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. J. 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 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. 4. Section 16-547, Arizona Revised Statutes, is amended to
read:
16-547. Mail 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 MAIL 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 MAIL 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 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 MAIL 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. 1. Beginning in 2026, FOR A COUNTY THAT PROVIDES ON-SITE
TABULATION OF BALLOTS PURSUANT TO SECTIONS 16-579.01 AND 16-579.02, 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:
(a) Delivering MAILING it to the office of the county
recorder or other officer in charge of elections WHERE IT MUST
BE RECEIVED not later than 7:00 p.m. on election day.
(b) Depositing it at any polling place in the county
not later than 7:00 p.m. on election day.
(c) Bringing the ballot to any polling place in the
county not later than 7:00 p.m. on election day and choosing
to present valid identification that complies with section
16-579, subsection A, paragraph 1, Arizona Revised Statutes.
(b) HAND DELIVERING IT TO THE OFFICE OF THE COUNTY
RECORDER OR OFFICER IN CHARGE OF ELECTIONS NOT LATER THAN
7:00 P.M. ON ELECTION DAY.
(c) DEPOSITING IT AT ANY VOTING LOCATION IN THE COUNTY
BY 7:00 P.M. ON THE FRIDAY BEFORE ELECTION DAY.
(d) AFTER 7:00 P.M. ON THE FRIDAY BEFORE ELECTION DAY,
BRINGING THE BALLOT TO ANY VOTING LOCATION IN THE COUNTY THAT
OFFERS ON-SITE TABULATION AND SUBMITTING IT TO THE ELECTION
OFFICIALS FOR SEPARATION FROM THE ENVELOPE AND PROCESSING AS
REQUIRED BY THE COUNTY.
(WARNING ─ IT IS A FELONY TO OFFER OR RECEIVE ANY
COMPENSATION FOR A BALLOT.)
2. FOR A COUNTY THAT DOES NOT PROVIDE ON-SITE TABULATION OF BALLOTS
PURSUANT TO SECTIONS 16-579.01 AND 16-579.02, 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 RETUNED TO THE OFFICE OF THE
COUNTY RECORDER BY ANY ONE OF THE FOLLOWING METHODS:
(a) MAILING IT TO THE OFFICE OF THE COUNTY RECORDER OR
OTHER OFFICER IN CHARGE OF ELECTIONS, WHICH MUST BE RECEIVED
NOT LATER THAN 7:00 P.M. ON ELECTION DAY.
(b) HAND DELIVERING IT TO THE OFFICE OF THE COUNTY
RECORDER OR OFFICER IN CHARGE OF ELECTIONS NOT LATER THAN
7:00 P.M. ON ELECTION DAY.
(c) DEPOSITING IT AT ANY VOTING LOCATION IN THE COUNTY
BY 7:00 P.M. ON THE FRIDAY BEFORE ELECTION DAY.
(d) AFTER 7:00 P.M. ON THE FRIDAY BEFORE ELECTION DAY,
BRINGING THE BALLOT TO ANY VOTING LOCATION IN THE COUNTY NOT
LATER   THAN   7:00 P.M.  ON   ELECTION   DAY  AND   PRESENTING
IDENTIFICATION THAT COMPLIES WITH SECTION 16-579, SUBSECTION
A, PARAGRAPH 1, ARIZONA REVISED STATUTES.
(WARNING — It is a felony to offer or receive any compensation
for a ballot.)
E. 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:
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. It is unlawful under section
16-1005, ARIZONA REVISED STATUTES, to handle or return the
ballot of any other person.
Sec. 5. Section 16-548, Arizona Revised Statutes, is amended to
read:
16-548. Preparation and transmission of ballot
A. The early voter shall make and sign the affidavit and shall then
mark his THE ballot in such a manner that his THE EARLY VOTER'S vote
cannot be seen. The early voter shall fold the ballot, if a paper ballot,
so as to conceal the vote, and deposit the voted ballot in the envelope
provided for that purpose, which shall be securely sealed and, together
with the affidavit, delivered or mailed SHALL BE RETURNED BY ONE OF THE
FOLLOWING METHODS:
1. MAILING THE VOTED BALLOT to the county recorder or other officer
in charge of elections of the political subdivision in which the elector
VOTER is registered or deposited by the voter or the voter's agent at any
polling place in the county. In order to be counted and valid, the ballot
must be received by the county recorder or other officer in charge of
elections or deposited at any polling place in the county no NOT later
than 7:00 p.m. on election day.
2. HAND DELIVERING THE VOTED BALLOT TO THE OFFICE OF THE COUNTY
RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS OF THE POLITICAL
SUBDIVISION IN WHICH THE VOTER IS REGISTERED. IN ORDER TO BE COUNTED AND
VALID, THE BALLOT MUST BE RECEIVED BY THE COUNTY RECORDER OR OTHER OFFICER
IN CHARGE OF ELECTIONS NOT LATER THAN 7:00 P.M. ON ELECTION DAY.
3. DEPOSITING THE VOTED BALLOT AT ANY VOTING LOCATION IN THE
COUNTY. IN ORDER TO BE COUNTED AND VALID, THE BALLOT MUST BE RECEIVED AT
THE VOTING LOCATION NOT LATER THAN 7:00 P.M. ON THE FRIDAY BEFORE ELECTION
DAY.
B. A PERSON WHO APPEARS PERSONALLY AT AN EARLY VOTING LOCATION
ESTABLISHED PURSUANT TO SECTION 16-542 DURING THE PERIOD OF EARLY VOTING,
INCLUDING ON THE SATURDAY, SUNDAY AND MONDAY BEFORE ELECTION DAY, SHALL
PRESENT IDENTIFICATION AS PRESCRIBED BY SECTION 16-579, SIGN THE EARLY
VOTER AFFIDAVIT, MARK THE BALLOT IN A MANNER THAT THE EARLY VOTER'S VOTE
CANNOT BE SEEN AND RETURN THE VOTED BALLOT TO THE ELECTION OFFICIAL AT THE
EARLY VOTING LOCATION. FOR A COUNTY THAT PROVIDES FOR ON-SITE TABULATION
OF BALLOTS PURSUANT TO SECTIONS 16-579.01 AND 16-579.02 DURING THE
SATURDAY, SUNDAY OR MONDAY IMMEDIATELY PRECEDING ELECTION DAY, THE
FOLLOWING APPLY:
1. THE EARLY VOTER SHALL APPEAR PERSONALLY AT THE ON-SITE
TABULATION LOCATION AND SUBMIT THE VOTER'S EARLY BALLOT AND AFFIDAVIT.
2. THE ELECTION OFFICIAL SHALL ALLOW THE EARLY VOTER TO TABULATE
THE EARLY BALLOT ON SITE AS PRESCRIBED BY SECTIONS 16-579.01 AND
16-579.02.
C. BEGINNING IN 2027, FOR EARLY BALLOTS THAT ARE CAST IN PERSON
PURSUANT TO SUBSECTION B OF THIS SECTION, THE OFFICER IN CHARGE OF
ELECTIONS SHALL ENSURE THAT CHAIN OF CUSTODY PROCEDURES FOR THESE EARLY
BALLOTS ARE IDENTICAL TO THOSE PRESCRIBED FOR IN PERSON ELECTION DAY
VOTING.
B. D. If the early voter is an overseas citizen, a qualified
elector absent from the United States or in the United States service, a
spouse or dependent residing with the early voter or a qualified elector
of a special district mail ballot election as provided in article 8.1 of
this chapter, the early voter may subscribe to the affidavit before and
obtain the signature and military identification number or passport
number, if available, of any person who is a United States citizen
eighteen years of age or older.
Sec. 6. Section 16-551, Arizona Revised Statutes, is amended to
read:
16-551. Early election board; violation; classification
A. 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. 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.
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. EXCEPT IN COUNTIES THAT TABULATE EARLY BALLOTS ON-SITE PURSUANT
TO SECTIONS 16-579.01 AND 16-579.02, 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. 7. 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
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 NOT be released except as prescribed by section 16-551.
B. EXCEPT FOR A PERSON WHO VOTES PERSONALLY AT AN EARLY VOTING
LOCATION DURING THE PERIOD OF EARLY VOTING AS PRESCRIBED BY SECTION
16-548, SUBSECTION 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 A party may NOT 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 AFTER RECEIVING a
challenge, the early election board or other officer in charge of early
ballot processing shall mail, by first class mail, a notice of the
challenge including a copy of the written challenge, and also including
the time and place at which the voter may appear to defend the challenge,
to the voter at the mailing address shown on the request for an early
ballot or, if none was provided, to the mailing address shown on the
registration rolls. Notice shall also be mailed to the challenger at the
address listed on the written challenge and provided to the county
chairman of each political party represented on the ballot. The board
shall meet to determine the challenge at the time specified by the notice
but, in any event, not earlier than ninety-six hours after the notice is
mailed, or forty-eight hours if the notifying party chooses to deliver the
notice by overnight or hand delivery, and not later than 5:00 p.m. on the
Monday following the election. The board shall provide the voter with an
informal opportunity to make, or to submit, brief statements regarding the
challenge. The board may decline to permit ALLOW 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 ALLOWED 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 ON THE ENVELOPE is not destroyed, take out the ballot without
unfolding it or permitting ALLOWING 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 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. 8. Section 16-579.01, Arizona Revised Statutes, is amended to
read:
16-579.01. Early ballots; on-site tabulation
A. Every county recorder or other officer in charge of elections
may provide for a qualified elector who appears at that elector's
designated polling location or at a voting center AT ANY TIME DURING THE
PERIOD OF EARLY VOTING AND on election day with the elector's voted early
ballot to have the elector's voted early ballot tabulated as prescribed in
section 16-579.02.
B. The county recorder or other officer in charge of elections
shall do all of the following if the on-site tabulation of early ballots
is allowed:
1. Designate an area within a precinct or voting center for
processing electors with their voted early ballots that is physically
separate from the area for voters who are voting pursuant to section
16-579.
2. Provide adequate poll workers, election officials and equipment
necessary to conduct voting pursuant to this section and section
16-579.02.
3. Categorize and tally separately in the official canvass and
other reports electors whose voted early ballots are tabulated at the
precinct or voting center. The tally shall be reported by precinct in the
official canvass and other voting reports.
4. Reconcile for that polling place or voting center the number of
electors who appear on the signature roster or e-pollbook ELECTRONIC
POLLBOOK with the number of completed early ballot affidavits and the
voted early ballots tabulated on-site.
Sec. 9. Section 16-579.02, Arizona Revised Statutes, is amended to
read:
16-579.02. Early ballot on-site tabulation procedure
A. A qualified elector who appears at a voting center or at the
elector's designated polling place that allows for the on-site tabulation
of early ballots with the elector's voted early ballot shall present
identification as prescribed in section 16-579, subsection A, paragraph 1
and proceed as follows:
1. If the elector does not present identification that complies
with section 16-579, subsection A, paragraph 1, the elector shall either
deposit the elector's voted early ballot in its affidavit envelope in an
official drop box or proceed to the area designated for election day
voting to surrender the early ballot to the election board for retention
and not for tabulating. The elector shall then be allowed to vote a
provisional ballot as prescribed in section 16-584. An election official
may not allow for the on-site tabulation of an early ballot if the elector
does not present identification that complies with section 16-579,
subsection A, paragraph 1.
2. If the elector presents sufficient identification to comply with
section 16-579, subsection A, paragraph 1, the elector shall present the
elector's early ballot affidavit to the election official in charge of the
signature roster, and the election official shall confirm that the name
and address on the completed affidavit reasonably appear to be the same as
the name and address on the precinct register.
3. If the elector's affidavit is not complete, the election
official in charge of the signature roster shall allow the elector to
complete the affidavit. The election official may not allow for the
on-site tabulation of an early ballot until the elector presents a
completed early ballot affidavit.
B. If the elector's affidavit is complete, the elector's name shall
be numbered consecutively by the clerk and in the order of application for
early ballot tabulation.
C. For precincts in which a paper signature roster is used, each
qualified elector shall sign the elector's name in the signature roster as
prescribed in section 16-579, subsection D before proceeding to the
tabulating equipment.
D. For precincts in which an electronic pollbook is used, each
qualified elector shall sign the elector's name as prescribed in section
16-579, subsection E before proceeding to the tabulating equipment.
E. After signing the signature roster or electronic pollbook, the
elector shall proceed to the tabulating equipment and while under the
observation of an election official, remove the early ballot from the
completed affidavit envelope, deposit the empty completed affidavit
envelope in the secured and labeled drop box and insert the early ballot
into a tabulating machine. An early ballot that has been separated from
the elector's completed affidavit envelope may not be removed from the
on-site early ballot tabulation area.
F. The drop box prescribed in subsection E of this section shall be
clearly labeled to indicate that the completed affidavits are from ballots
tabulated pursuant to this section and shall be secured in a manner
substantially similar to other ballot boxes at that location.
G. Any qualified elector who lawfully brings to a polling place or
voting center another elector's voted early ballot that is sealed in its
affidavit envelope shall deposit the other elector's voted early ballot in
the appropriate ballot drop box before entering the on-site early ballot
tabulation area for purposes of tabulating the elector's own early ballot.
The county recorder or other officer in charge of elections shall ensure
that a voter is not in possession of another voter's ballot within the
on-site early ballot tabulation area.
Sec. 10. Severability
If a provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other
provisions or applications of the act that can be given effect without the
invalid provision or application, and to this end the provisions of this
act are severable.