Bill Text: AZ HB2475 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Elections; polling places; foreign observers
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2013-01-24 - Referred to House FFR Committee [HB2475 Detail]
Download: Arizona-2013-HB2475-Introduced.html
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REFERENCE TITLE: elections; polling places; foreign observers |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2475 |
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Introduced by Representatives Townsend, Kwasman, Seel, Stevens: Borrelli, Lesko, Livingston, Petersen
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AN ACT
amending sections 16-515 and 16‑621, Arizona Revised Statutes; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-515, Arizona Revised Statutes, is amended to read:
16-515. "Seventy‑five foot limit" notices; posting; violation; classification
A. Except as prescribed in this section and section 16‑580, a person shall not be allowed to remain inside the seventy-five foot limit while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of that political party and the challengers allowed by law, and no electioneering may occur within the seventy-five foot limit. This prohibition on persons inside the seventy-five foot limit applies to persons PURPORTING to observe an election on behalf of any national or international organization, group or body. Voters having cast their ballots shall promptly move outside the seventy‑five foot limit.
B. The board of supervisors shall furnish, with the ballots for each polling place, three notices, printed in letters not less than two inches high, with the heading: "Seventy‑five foot limit" and underneath that heading the following:
No person shall be allowed to remain inside these limits while the polls are open, except for the purpose of voting, and except the election officials, one representative at any one time of each political party represented on the ballot who has been appointed by the county chairman of such political party, and the challengers allowed by law. Voters having cast their ballots shall at once retire without the seventy‑five foot limit. A person violating any provision of this notice is guilty of a class 2 misdemeanor.
C. A minor voting in a simulated election at a polling place is subject to the same seventy‑five foot limit restrictions prescribed for a voter. Persons supervising or working in a simulated election in which minors vote may remain within the seventy‑five foot limit of the polling place. The inspector for the polling place shall exercise authority over all election and simulated election related activities at the polling place.
D. For an election that is held by an Indian tribe and that is held at a polling place at the same time and on the same date as any other election, the following apply:
1. A person who is voting is subject to the same seventy‑five foot limit restrictions prescribed for other voters.
2. An election official for the tribal election may remain within the seventy‑five foot limit for the polling place.
E. With the permission of the voter, a minor may enter and remain within the seventy‑five foot limit in order to accompany a voter into a polling place, an on‑site early voting facility and a voting booth while the voter is voting.
F. Notwithstanding any other law, an election official, a representative of a political party who has been appointed by the county chairman of that political party or a challenger who is authorized by law to be within the seventy-five foot limit as prescribed by this section shall not wear, carry or display materials that identify or express support for or opposition to a candidate, a political party or organization, a ballot question or any other political issue and shall not electioneer within the seventy-five foot limit of a polling place.
G. Any person violating this section is guilty of a class 2 misdemeanor.
H. For the purposes of this section, electioneering occurs when an individual knowingly, intentionally, by verbal expression and in order to induce or compel another person to vote in a particular manner or to refrain from voting expresses support for or opposition to a candidate who appears on the ballot in that election, a ballot question that appears on the ballot in that election or a political party with one or more candidates who appear on the ballot in that election.
Sec. 2. Section 16-621, Arizona Revised Statutes, is amended to read:
16-621. Proceedings at the counting center
A. All proceedings at the counting center shall be under the direction of the board of supervisors or other officer in charge of elections and shall be conducted in accordance with the approved instructions and procedures manual provided for in section 16‑452 under the observation of representatives of each political party and the public. A person purporting to observe an election on behalf of any national or international organization, group or body may have access to observe at the counting center on the same basis as and with no greater access than a member of the public. The proceedings at the counting center may also be observed by up to three additional people representing a candidate for nonpartisan office, or representing a political committee in support of or in opposition to a ballot measure, proposition or question. A draw by lot shall determine which three groups or candidates shall have representatives participate in the observation at the counting center. Persons representing a candidate for nonpartisan office or persons or groups representing a political committee in support of or in opposition to a ballot measure, proposition or question, who are interested in participating in the observation, shall notify the officer in charge of elections of their desire to be included in the draw no later than ten days before the election. After the deadline to receive submissions from the interested persons or groups, but prior to seven days before the election, the county officer in charge of elections shall draw by lot, from the list of those who expressed interest, three persons or groups and those selected shall be notified and allowed to observe the proceedings at the counting center. If a group is selected they may alter who represents that group for different days of observation but on any given observation day a selected group shall not send more than one observer. A group may rotate an observer throughout the day. No persons except those authorized for the purpose shall touch any ballot or ballot card or return. All persons who are engaged in processing and counting of the ballots shall be qualified electors, shall be deputized in writing and shall take an oath that they will faithfully perform their assigned duties. There shall be no preferential counting of ballots for the purpose of projecting the outcome of the election. If any ballot, including any ballot received from early voting, is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy shall be made of the damaged ballot in the presence of witnesses and substituted for the damaged ballot. All duplicate ballots shall be clearly labeled "duplicate" and shall bear a serial number which shall be recorded on the damaged or defective ballot.
B. If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the officer in charge of elections may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.
C. For any statewide, county or legislative election, the county recorder or officer in charge of elections shall provide for a live video recording of the custody of all ballots while the ballots are present in a tabulation room in the counting center. The live video recording shall include date and time indicators and shall be linked to the secretary of state's website. The secretary of state shall post links to the video coverage for viewing by the public. The county recorder or officer in charge of elections shall record the video coverage of the ballots at the counting center and shall retain those recordings as a public record for at least as long as the challenge period for the general election. If the live video feed is disrupted or disabled, the recorder or officer in charge of elections is not liable for the disruption but shall attempt to reinstate video coverage as soon as is practicable. Any disruption in video coverage shall not affect or prevent the continued tabulation of ballots. This subsection is contingent on legislative appropriation.
D. The county recorder or other officer in charge of elections shall maintain records that record the chain of custody for all election equipment and ballots during early voting through the completion of provisional voting tabulation.
