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REFERENCE TITLE: electioneering; definition |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2676 |
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Introduced by Representative Dial
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AN ACT
amending section 16-515, 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; definition
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 political or electioneering materials may be displayed electioneering may occur within the seventy-five foot limit. 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. Any person violating this section is guilty of a class 2 misdemeanor.
G. For the purposes of this section, "electioneering" means express advocacy in support of 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. Electioneering does not include the wearing of any items of apparel, including shirts, hats or buttons, without regard to whether those items bear the name, likeness or designation of any candidate, ballot question or political party that appears on the ballot in that election, and voters shall be permitted to wear those items while otherwise lawfully present at a polling place.