Bill Text: AZ SB1001 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Early ballots; identification; tabulation
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A) 2024-11-26 - Prefile [SB1001 Detail]
Download: Arizona-2025-SB1001-Introduced.html
PREFILED NOV 26 2024
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REFERENCE TITLE: early ballots; identification; tabulation |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1001 |
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Introduced by Senator Mesnard
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An Act
amending sections 16-542, 16-547, 16-548, 16-550, 16-552, 16-572, 16-579 and 16-579.02, 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 16-542, 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 preceding the election at an on-site 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, except that if the county recorder or other officer in charge of elections is not able to revise precinct registers and other elections materials in a timely manner for use on election day to indicate which voters have requested an early ballot, which voters have already voted and which voters are on the inactive voter list, the county recorder or other officer in charge of elections may not operate the on-site early voting locations after 7:00 P.M. on the friday preceding the election. 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. 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. 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 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. 2. 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 Until the effective date of this amendment to this section, 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 on the effective date of this amendment to this section, 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 it to the office of the county recorder or other officer in charge of elections so that it is received not later than 7:00 p.m. on the Friday before election day.
(b) Mailing it to the office of the county recorder or other officer in charge of elections so that it is received by the county recorder or other officer in charge of elections not later than 7:00 p.m. on election day.
(b) (c) Depositing it at any polling place in the county not later than 7:00 p.m. on election day. Beginning after 7:00 p.m. on the Friday before election day, the voter must present sufficient identification at the polling place and sign the signature roster or pollbook.
(c) (d) If a county is using on-site tabulation prescribed by section 16-579.02, Arizona Revised Statutes, bringing the ballot to any polling place in the county not later than 7:00 p.m. on election day and choosing to present presenting valid 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. 3. Section 16-548, Arizona Revised Statutes, is amended to read:
16-548. Preparation and transmission of ballot
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 the voted ballot shall be returned by one of the following methods:
1. Mailed 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. Delivered to 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 the Friday preceding election day.
3. Deposited by the voter at any polling place in the county. Beginning after 7:00 p.m. on the Friday preceding election day, the early voter must present identification that complies with section 16-579, subsection A, paragraph 1 and sign the signature roster or electronic pollbook before depositing the ballot at the polling place. If the voter does not have sufficient identification while at the polling place, the voter shall provide sufficient identification within the time limits prescribed by subsection B of this section.
4. Tabulated by use of the on-site tabulation procedure prescribed by section 16-579.02 if a county is using this procedure.
B. If a voter's agent delivers a voter's ballot to any polling place in the county, the voter's ballot will be counted and valid only if the voter presents identification that complies with section 16-579, subsection A, paragraph 1 to the county recorder or other officer in charge of elections 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.
B. C. 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.
D. For the purposes of this section, "voter's agent" MEANS the voter's family member, household member or caregiver as defined in section 16-1005.
Sec. 4. 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 on the effective date of this amendment to this section, 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 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 any city or town clerks' offices that have an agreement with a county to be used as locations at which a voter may submit proof of identification 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. Regular business hours include at a minimum 8:00 a.m. until 5:00 p.m. 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 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. If the ballot is a conditional provisional ballot, the voter shall provide proof of identification to the county recorder or other officer in charge of elections 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. 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.
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.
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.
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.
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.
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. 5. 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 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 on the effective date of this amendment to this section, 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 ballot 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. 6. Section 16-572, Arizona Revised Statutes, is amended to read:
16-572. Delivery and custody of ballots at polling place
A. On opening the polls, the inspector shall produce the sealed package of official ballots and publicly open it and deliver one book or block of ballots therein contained to the judges. The inspector shall retain the other blocks or books of ballots, if any, shall be retained by the inspector until called for by the judges and required for voting.
B. One of the judges of election shall keep the ballots within the polling place in plain view of the public and deliver them only to qualified voters.
C. A person shall not take or remove a ballot from the polling place before the polls are closed except that early ballots returned at voting locations on election day after a voter's identification is confirmed as prescribed by section 16-579, subsection a, paragraph 4 may be removed by two authorized election workers who must each be a differing member of one of the two largest political parties, who have completed a chain of custody log maintained at the voting location that includes the total count of the early ballots being transported and who deliver the ballots to a designated receiving site that is an official elections facility and not a third party vendor. The chain of custody log for early ballots returned at voting locations on election day shall be available for inspection by the public, the political parties, committees representing ballot measures on the ballot and the candidates on the ballot within forty-eight hours after election day.
Sec. 7. Section 16-579, Arizona Revised Statutes, is amended to read:
16-579. Procedure for obtaining ballot by elector; definition
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:
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 until the effective date of this amendment to this section, 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 mail affidavit envelope.
4. Beginning in 2026 on the effective date of this amendment to this section, During the period of early voting and on election day, at any voting location the voter may choose to provide identification when presenting the voter's mailed early ballot or when the voter is issued an early ballot, and if so the election official shall:
(a) Require the voter to present identification that complies with paragraph 1 of this subsection.
(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 mail affidavit with a stamp that reads "ID verified" and place the stamped mail affidavit that contains the early ballot in a secured ballot box that is labeled for verified early ballots. The stamped mail 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 mail 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 that is designated for verified early ballots and sign an a mail 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. in the statement the election official shall:
(i) affirm that the election official required every voter to present identification that complies with paragraph 1 of this subsection.
(ii) confirm that the name and address on the identification presented by each voter REASONABLY appeared to be the same name and address on each voter's early mail affidavit.
(e) For any completed early mail affidavit that is DEPOSITED in the secured ballot BOX DESIGNATED for verified early ballots pursuant to this paragraph and that is not stamped "ID verified", process that ballot as prescribed in section 16-550.
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 subsection relating to signing the signature roster 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.
G. Each polling location that is open for early voting or on election day shall include a minimum of at least one secure ballot box for a voter to deposit the voter's completed early ballot and at least one secure ballot box for a voter who presents identification and the voter's completed early ballot pursuant to subsection a, paragraph 4 of this section to deposit the voter's completed early ballot after the envelope has been stamped by the election official. Each type of ballot box shall be physically separated and clearly labeled. The election official in charge of the polling location shall ensure that a voter who does not present identification is not able to deposit the voter's completed early ballot in the ballot box designated for verified early ballots pursuant to subsection a, paragraph 4 of this section.
H. For the purposes of this section, "id verified" means a ballot for which a voter has presented identification that complies with subsection a, paragraph 1 of this section.
Sec. 8. Section 16-579.02, Arizona Revised Statutes, is amended to read:
16-579.02. Election day early ballot on-site tabulation procedure; fund
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 container for that purpose 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 secured container 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 secured 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.
