Sec. 4. Section 16-248, Arizona Revised Statutes, is amended to read:
A. Not less than twenty days before a presidential preference election, the board of supervisors shall designate a reasonable and adequate number of polling places where the election shall be held.
B. The number of polling places for the presidential preference election is to be determined according to the number of active registered voters as of January 1 of the year of the presidential preference election.
C. Each county with more than two hundred thousand active registered voters shall determine the number of polling places for the presidential preference election by using no more than one-half of the number of precincts as of January 1 of the year of the presidential preference election.
D. Each county with less than two hundred thousand active registered voters but more than ten thousand active registered voters shall determine the number of polling places for the presidential preference election by using no more than one polling place for every two thousand active registered voters as of January 1 of the year of the presidential preference primary.
E. Each county with less than ten thousand active registered voters shall determine the number of polling places for the presidential preference election by using no more than one polling place for every one thousand active registered voters as of January 1 of the year of the presidential preference election.
F. If it is determined by the secretary of state that compliance with
state and federal regulations would be jeopardized, the secretary of state
has the authority to release a county from the
G. The provisions of this section do not apply to land located on an Indian reservation.
H. In precincts that contain fewer than
Sec. 5. Section 16-311, Arizona Revised Statutes, is amended to read:
A. Any person desiring to become a candidate at a primary election for a political party and to have his name printed on the official ballot shall be a qualified elector of such party and shall, not less than seventy-five nor more than one hundred five days before the primary election, sign and cause to be filed a nomination paper giving his place of residence and post office address, naming the party of which he desires to become a candidate, stating the office and district or precinct, if any, for which he offers his candidacy, stating the exact manner in which he desires to have his name printed on the official ballot pursuant to subsection G, and giving the date of the primary election and, if nominated, the date of the general election at which he desires to become a candidate. A candidate for public office shall be a qualified elector at the time of filing and shall reside in the county, district or precinct which he proposes to represent.
B. Any person desiring to become a candidate at any nonpartisan election and to have his name printed on the official ballot shall be at the time of filing a qualified elector of such county, city, town or district and, not less than sixty nor more than ninety days before the election, shall sign and cause to be filed a nomination paper giving his place of residence and post office address, stating the office and county, city, town or district and ward or precinct, if any, for which he offers his candidacy, stating the exact manner in which he desires to have his name printed on the official ballot pursuant to subsection G and giving the date of the election. A candidate for office shall reside at the time of filing in the county, city, town, district, ward or precinct which he proposes to represent.
C. Notwithstanding the provisions of subsection B to the contrary, any city or town may adopt by ordinance for its elections the time frame provided in subsection A for filing nomination petitions. Such ordinance shall be adopted not less than one hundred twenty days before the first election to which it applies.
D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A an affidavit which shall be printed in a form prescribed by the secretary of state. The affidavit shall include facts sufficient to show that, other than the residency requirement provided in subsection A, the candidate will be qualified at the time of election to hold the office he seeks.
E. The nomination paper of a candidate for the office of United States
senator or representative in Congress or for a state office, including a
member of the legislature, or for any other office for which the electors of
the entire state or a subdivision of the state greater than a county are
entitled to vote, shall be filed with the secretary of state no later than
F. The nomination paper of a candidate for superior court judge or for
a county, district and precinct office for which the electors of a county or
a subdivision of a county other than an incorporated city or town are
entitled to vote shall be filed with the county elections officer no later
than
G. The nomination paper shall include the exact manner in which the candidate desires to have his name printed on the official ballot and shall be limited to the candidate's surname and given name or names, an abbreviated version of such names or appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William" or "S." for "Samuel". Nicknames are permissible, but in no event shall nicknames, abbreviated versions or initials of given names suggest reference to professional, fraternal, religious or military titles. No other descriptive name or names shall be printed on the official ballot, except as provided in this section. Candidates' abbreviated names or nicknames may be printed within quotation marks. The candidate's surname shall be printed first, followed by the given name or names.
1. "Election district" means the state, any county, city, town, precinct or other political subdivision or a special district which is not a political subdivision, which is authorized by statute to conduct an election and which is authorized or required to conduct its election in accordance with this title.
2. "Nomination paper" means the form filed with the appropriate office by a person wishing to declare his intent to become a candidate for a particular political office.
Sec. 6. Section 16-312, Arizona Revised Statutes, is amended to read:
A. Any person desiring to become a write-in candidate for an elective office in any election shall file a nomination paper, signed by the candidate, giving his place of residence and post office address, age, length of residence in the state and date of birth.
B. A write-in candidate shall file the nomination paper no later than
5:00 p.m. on the fourteenth day prior to the election.
C. The secretary of state shall notify the various boards of supervisors as to write-in candidates filing with his office. The county school superintendent shall notify the appropriate board of supervisors as to write-in candidates filing with his office. The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements. In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed. No other write-ins shall be counted. The election board inspector shall post the notice of official write-in candidates in a conspicuous location within the polling place.
D. Except as provided in section 16-343, subsection E, a candidate may
not file pursuant to this section if
1.
E. A PERSON WHO FILES A NOMINATION PAPER PURSUANT TO THIS SECTION FOR
THE OFFICE OF PRESIDENT OF THE UNITED STATES SHALL DESIGNATE IN WRITING TO
THE SECRETARY OF STATE AT THE TIME OF FILING THE NAME OF THE CANDIDATE'S
VICE-PRESIDENTIAL RUNNING MATE, THE NAMES OF PRESIDENTIAL ELECTORS WHO WILL
REPRESENT THAT CANDIDATE AND A STATEMENT SIGNED BY THE VICE-PRESIDENTIAL
RUNNING MATE AND DESIGNATED PRESIDENTIAL ELECTORS THAT INDICATES THEIR
CONSENT TO BE DESIGNATED. THE NUMBER OF PRESIDENTIAL ELECTORS SHALL EQUAL
THE NUMBER OF UNITED STATES SENATORS AND REPRESENTATIVES IN CONGRESS FROM
THIS STATE.
Sec. 7. Section 16-321, Arizona Revised Statutes, is amended to read:
A. Each signer of a nomination petition shall sign only one petition
for the same office unless more than one candidate is to be elected to such
office, and in that case not more than the number of nomination petitions
equal to the number of candidates to be elected to the office. A signature
shall not be counted on a nomination petition unless the signature is upon
a sheet
B. The person before whom the signatures were written on the signature sheet shall be a qualified elector of this state and shall verify that each of the names on the petition was signed in his presence on the date indicated, and that in his belief each signer was a qualified elector who resides at the address given as their residence on the date indicated and, if for a partisan election, that each signer is a member of the party the nomination of which the candidate whose name appears on the nomination petition is seeking. The way the name appears on the petition shall be the name used in determining the validity of the name for any legal purpose pursuant to the election laws of this state. Signature and handwriting comparisons may be made.
Sec. 8. Section 16-341, Arizona Revised Statutes, is amended to read:
A.
B. The provisions of this article shall not be used to place on the
general election ballot the name of a political party which fails to meet the
qualifications specified in section 16-802 or 16-804, or the name of any
candidate representing such party
C. A nomination petition stating the name of the office to be filled, the name and residence of the candidate and other information required by this section shall be filed at the same time and with the same officer with whom primary nomination papers and petitions are required to be filed as prescribed in section 16-311. The petition shall be signed only by voters who have not signed the nomination petitions of a candidate for the office to be voted for at that primary election and who are not members of a political party that is qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot.
D. The nomination petition shall be in substantially the following form:
"The undersigned, qualified electors of the __________ precinct of __________ county, state of Arizona, do hereby nominate __________, who resides at __________ in the county of __________, as a candidate for the office of __________ at the general (or special, as the case may be) election to be held on the __________ day of __________, 19 _____.
I hereby declare that I have not signed the nomination petitions of any candidate for the office to be voted for at this primary election, I am not a member of a political party that is qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot and I do hereby select the following designation under which name the said candidate shall be placed on the official ballot (here insert such designation not exceeding three words in length as the signers may select)."
E. The nomination petition shall conform as nearly as possible to the provisions relating to nomination petitions of candidates to be voted for at primary elections and shall be signed by at least three per cent of the qualified electors of the state, county, subdivision or district for which the candidate is nominated who are not members of a political party that is qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot.
F. The percentage of qualified electors necessary to sign the nomination petition shall be determined by the total number of registered voters from other than political parties that are qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot in the state, county, subdivision or district at the last general election.
G. For the purposes of this section, a nomination petition for the
office of presidential elector
Sec. 9. Section 16-351, Arizona Revised Statutes, is amended to read:
A. Any elector filing any court action challenging the nomination
1. The candidate whose petition is the subject of the challenge.
2. The officer with whom the petitions are required to be filed.
3. The board of supervisors and the recorder of each county or the clerk of each city or town who are responsible for preparing the ballots that contain the challenged candidate's name.
Sec. 10. Section 16-405, Arizona Revised Statutes, is amended to read:
The board of supervisors or other authority in charge of elections
shall provide voting or marking devices, voting booths, ballots,
Sec. 11. Section 16-409, Arizona Revised Statutes, is amended to read:
A. Notwithstanding section 16-558, a city
B. Cities
1. Changes in voter turnout.
2. Relative costs of mail ballot elections compared to traditional elections.
3. Suggestions for improvements or refinements in the mail ballot program.
4. Frequency and severity of mail ballot irregularities.
5. Voter satisfaction with the election process.
6. Number of nondeliverable ballots.
Sec. 12. Section 16-449, Arizona Revised Statutes, is amended to read:
A. Within seven days prior to the election day, the board of
supervisors or other election officer in charge
B. Electronic ballot tabulating systems shall be tested for logic and accuracy 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.
Sec. 13. Section 16-461, Arizona Revised Statutes, is amended to read:
A. At least forty-five days before a primary election, the officer in charge of that election shall:
1. Prepare a proof of a sample ballot.
2. Submit the sample ballot proof of each party to the county chairman or in city or town primaries to the city or town chairman.
3. Mail a sample ballot proof to each candidate for whom a nomination paper and petitions have been filed.
B. The county chairman of each political party shall on or before the fortieth day preceding the primary election suggest to the election officer any change he considers should be made in his party ballot, and if upon examination the election officer finds an error or omission in the ballot he shall correct it. The election officer shall cause the sample ballots to be printed and distributed as required by law, shall maintain a copy of each sample ballot in his office and shall post a notice indicating that sample ballots are available on request in his office. The official sample ballot shall be printed on colored paper.
C. Not later than forty days before a primary election, the county chairman of a political party may request one sample primary election ballot of his party for each election precinct.
D. The board of supervisors shall have printed mailer-type sample
ballots for a primary election and shall mail at least
E. For city and town elections, the governing body of a city or town may have printed mailer-type sample ballots for a primary election. If the city or town has printed such sample ballots, the city or town shall provide for the distribution of such ballots and shall bear the expense of printing and distribution of such sample ballots.
F. The return address on the mailer-type sample ballots shall not contain the name of an appointed or elected public officer nor may the name of an appointed or elected public officer be used to indicate who produced the sample ballot.
G. The great seal of the state of Arizona shall be imprinted along with the words "official voting materials" on the mailing face of each sample ballot. In county, city or town elections the seal of such jurisdiction shall be substituted for the state seal.
Sec. 14. Title 16, chapter 4, article 5, Arizona Revised Statutes, is amended by adding section 16-468, to read:
1. AS NEARLY AS IS PRACTICABLE, BALLOTS SHALL HAVE MATERIAL PRINTED
IN THE SAME ORDER AS PROVIDED FOR PAPER BALLOTS, EXCEPT THAT MATERIAL MAY BE
PRINTED IN VERTICAL OR HORIZONTAL ROWS OR ON SEPARATE PAGES. A BALLOT STUB
IS NOT REQUIRED.
2. BALLOTS SHALL BE PRINTED IN PLAIN CLEAR TYPE IN BLACK INK, AND FOR
A GENERAL ELECTION, ON CLEAR WHITE MATERIALS, AND SHALL BE OF A SIZE AND
ARRANGEMENT TO FIT THE CONSTRUCTION OF THE VOTE TABULATING EQUIPMENT OR OTHER
VOTING DEVICE. FOR A PRIMARY ELECTION, BALLOTS SHALL HAVE A DIFFERENT COLOR
INDICATOR FOR EACH POLITICAL PARTY THAT IS REPRESENTED. BALLOTS MAY CONTAIN
PRINTED CODE MARKS THAT MAY BE USED FOR PLACING THE BALLOTS IN THE CORRECT
POSITION FOR TABULATING DEVICES. THE CODE MARKS SHALL NOT BE PRINTED OR USED
IN ANY MANNER THAT WILL DISCLOSE THE IDENTITY OF THE VOTER WHO VOTES THAT
BALLOT.
3. THE TITLES OF OFFICES MAY BE ARRANGED IN VERTICAL COLUMNS OR IN A
SERIES OF SEPARATE PAGES AND SHALL BE PRINTED ABOVE OR AT THE SIDE OF THE
NAMES OF CANDIDATES IN ORDER TO CLEARLY INDICATE THE CANDIDATES FOR EACH
OFFICE AND THE NUMBER TO BE ELECTED. IF THERE ARE MORE CANDIDATES FOR AN
OFFICE THAN CAN BE PRINTED IN ONE COLUMN OR ON ONE BALLOT PAGE, THE BALLOT
LABEL SHALL BE CLEARLY MARKED TO INDICATE THAT THE LIST OF CANDIDATES IS
CONTINUED ON THE FOLLOWING COLUMN OR PAGE AND, AS NEARLY AS IS PRACTICABLE,
SO THAT THE SAME NUMBER OF NAMES IS PRINTED IN EACH COLUMN OR ON EACH PAGE.
4. AS NEARLY AS IS PRACTICABLE, IN PRIMARY AND NONPARTISAN ELECTIONS,
THE NAMES OF CANDIDATES FOR EACH OFFICE SHALL APPEAR ON THE BALLOT SO THAT
EACH CANDIDATE OCCUPIES EACH POSITION ON THE BALLOT THE SAME NUMBER OF TIMES.
IF THERE ARE FEWER OR THE SAME NUMBER OF CANDIDATES SEEKING OFFICE THAN THE
NUMBER TO BE ELECTED, ROTATION OF NAMES IS NOT REQUIRED AND THE NAMES SHALL
BE PLACED IN ALPHABETICAL ORDER.
5. AS NEARLY AS IS PRACTICABLE, IN A PRIMARY ELECTION FOR A JUDICIAL
OFFICE, IF THERE ARE TWO OR MORE CANDIDATES OF THE SAME POLITICAL PARTY, THE
CANDIDATE NAMES SHALL BE ALTERNATED ON THE BALLOT SO THAT THE NAME OF EACH
CANDIDATE APPEARS AN EQUAL NUMBER OF TIMES IN EACH POSSIBLE LOCATION ON THE
BALLOT.
6. TWO SAMPLE BALLOTS SHALL BE PROVIDED FOR EACH POLLING PLACE AND
SHALL BE POSTED AT THE POLLING PLACE ON ELECTION DAY. SAMPLE BALLOTS MAY BE
PRINTED ON A SINGLE PAGE OR ON A NUMBER OF PAGES THAT ARE ASSEMBLED TOGETHER.
A SAMPLE BALLOT SHALL BE A FACSIMILE COPY OF THE OFFICIAL BALLOT.
7. THE SECRETARY OF STATE SHALL ESTABLISH A PROCEDURE PURSUANT TO
SECTION 16-452 FOR THE ELIMINATION OF STUBS FOR OFFICIAL BALLOTS.
Sec. 15. Section 16-510, Arizona Revised Statutes, is amended to read:
A. Before printing the sample ballots for the general election the board of supervisors shall send to each candidate whose name did not appear on the preceding primary election ballot a ballot proof of the sample ballot for his review.
B. The board of supervisors shall print and distribute, for the information of voters at each polling place, a number of sample ballots as it deems necessary.
C. The board of supervisors shall have printed mailer-type sample
ballots for a general election and shall mail at least
D. For city and town elections the governing body of a city or town may have printed mailer-type sample ballots for a general election. If the city or town has printed such sample ballots, the city or town shall provide for the distribution of such ballots and shall bear the expense of printing and distributing such sample ballots.
E. For special district elections the governing body of a special district may have printed mailer-type sample ballots. If the special district has printed such sample ballots, the special district shall provide for the distribution of such ballots and shall bear the expense of printing and distributing such sample ballots.
Sec. 16.
The article heading of title 16, chapter 4, article 8, Arizona Revised Statutes, is changed from "ABSENTEE VOTING" to "EARLY VOTING".
Sec. 17. Section 16-541, Arizona Revised Statutes, is amended to read:
A. Any election called pursuant to the laws of this state shall
provide for
B. A qualified elector of a special district organized pursuant to
title 48 shall be permitted to vote
Sec. 18. Section 16-542, Arizona Revised Statutes, is amended to read:
A. Within ninety days next preceding the Saturday 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
B. Notwithstanding subsection A of this section, a request for an
official
C. The recorder or other officer in charge of elections shall mail
postage prepaid to the address provided by the requesting elector, which
address shall be the elector's residence address or the location where he is
temporarily residing while absent from his precinct, the
E. The county recorder or other officer in charge of
F.
Sec. 19. Section 16-543, Arizona Revised Statutes, is amended to read:
Any absent uniformed services voter or overseas voter as defined in the
uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 42
United States Code section 1973) may request an
Sec. 20. Section 16-543.01, Arizona Revised Statutes, is amended to read:
A. Notwithstanding any other
B. The request for a special write-in
C. Upon receipt of such request, the county recorder shall immediately
forward to the elector a special write-in
D. Write-in votes on special write-in
Sec. 21. Section 16-543.02, Arizona Revised Statutes, is amended to read:
A. An overseas voter as defined in the uniformed and overseas citizens
absentee voting act of 1986 (P.L. 99-410; 42 United States Code section 1973)
who is absent from the place of residence in this state where he is otherwise
qualified to vote may use a federal write-in
B. A federal write-in
1. The ballot is submitted from any location in the United States.
2. The application of the overseas voter for a regular
3. A regular
C. An overseas voter who completes a federal write-in
Sec. 22.
Section
Sec. 23. Section 16-545, Arizona Revised Statutes, is amended to read:
A. The
B. The officer charged by law with the duty of preparing ballots at
any election shall prepare the official
Sec. 24. Section 16-546, Arizona Revised Statutes, is amended to read:
A.
B. In the event
Sec. 25. Section 16-547, Arizona Revised Statutes, is amended to read:
A. The
COUNTY OF
I, _________________, DO SOLEMNLY SWEAR THAT I AM THE IDENTICAL
PERSON WHOSE NAME IS SIGNED TO THIS AFFIDAVIT AND THAT THIS NAME
AND SIGNATURE ARE MY TRUE NAME AND SIGNATURE, OR IF I DID NOT
PERSONALLY SIGN, IT WAS BECAUSE OF PHYSICAL DISABILITY AND THAT
I REQUESTED __________________ (NAME OF PERSON SIGNING
AFFIDAVIT) TO SIGN FOR ME, THAT I HAVE NOT VOTED AND WILL NOT
VOTE IN THIS ELECTION IN ANY OTHER STATE DURING THE CALENDAR
YEAR OF THIS AFFIDAVIT AND THAT I PERSONALLY VOTED THE ENCLOSED
BALLOT OR THAT IT WAS MARKED ACCORDING TO MY INSTRUCTIONS
BECAUSE I WAS UNABLE TO DO SO. I UNDERSTAND THAT KNOWINGLY
VOTING MORE THAN ONCE IN ANY ELECTION IS A CLASS 5 FELONY. I
DECLARE THAT I AM MORE THAN EIGHTEEN YEARS OF AGE, THAT I AM A
QUALIFIED ELECTOR OF THE STATE OF ARIZONA AND THE COUNTY OF
____________, THAT I AM REGISTERED IN ________ PRECINCT IN THAT
COUNTY AND THAT I RESIDE AT _____________, WHERE I RESIDED AT
THE DATE OF MY REGISTRATION. IF A CHALLENGE IS FILED AGAINST MY
EARLY BALLOT, I UNDERSTAND THAT A COPY OF THE CHALLENGE WILL BE
SENT TO ME BY FIRST CLASS MAIL AND THAT I MAY HAVE AS LITTLE AS
FORTY-EIGHT HOURS' NOTICE OF AN OPPORTUNITY TO APPEAR. FOR
PURPOSES OF NOTIFYING ME OF A BALLOT CHALLENGE BETWEEN THE TIME
I RETURN MY BALLOT AND SEVEN DAYS AFTER ELECTION DAY, PLEASE USE
THE FOLLOWING ADDRESS: ________________. (IF NO ADDRESS IS
PROVIDED, NOTICE WILL BE MAILED TO THE MAILING ADDRESS LISTED ON
THE REGISTRATION ROLLS.)
________________________
ELECTOR
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 such 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 of 1986 (P.L. 99-410
C. THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL SUPPLY PRINTED INSTRUCTIONS TO EARLY VOTERS THAT DIRECT THEM TO SIGN THE
AFFIDAVIT, MARK THE BALLOT AND RETURN BOTH IN THE ENCLOSED SELF-ADDRESSED
ENVELOPE. THE INSTRUCTIONS SHALL INCLUDE THE FOLLOWING STATEMENT:
IN ORDER TO BE VALID AND COUNTED, THE BALLOT AND 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 NO LATER THAN 7:00 P.M. ON ELECTION
DAY.
Sec. 26. Section 16-548, Arizona Revised Statutes, is amended to read:
A. The
B. If the
Sec. 27. Section 16-549, Arizona Revised Statutes, is amended to read:
A. The county recorder or other officer in charge of elections, for
the purpose of making it possible for qualified electors who are ill or
disabled to vote, may appoint such number of special election boards as
needed. In a partisan election, each such board shall consist of two
members, one from each of the two political parties which cast the highest
number of votes in the state in the last preceding general election. The
county chairman of each such party shall furnish, within sixty days prior to
the election day, the county recorder with a list of names of qualified
electors within his political party, and such additional lists as may be
required, from which the county recorder shall appoint members to such
special election boards. The county recorder may refuse for cause to appoint
or may for cause remove a member of this board.
B. Members of special election boards appointed under the provisions
of this section shall be reimbursed for travel expenses in the manner
provided by law and shall also receive such compensation as the board of
supervisors or the governing body prescribes, all of which shall be paid by
the county or other political subdivision.
C. In lieu of the mailed
D. Qualified electors who become ill or disabled after the second
Friday before the election may nevertheless request personal ballot delivery
pursuant to this section
E. The manner and procedure of voting shall be as provided in section
16-548, except that the marked ballot in the sealed envelope shall be handed
by the elector to the special election board and shall be delivered by the
board to the county recorder or other officer in charge of elections.
Sec. 28. Section 16-550, Arizona Revised Statutes, is amended to read:
A. Upon receipt of the envelope containing the
B. The recorder or other officer in charge of elections shall
thereafter safely keep the
C. The county recorder shall send a list of all voters who were issued
Sec. 29. Section 16-551, Arizona Revised Statutes, is amended to read:
A. The board of supervisors or the governing body of the political
subdivision shall appoint one or more
B. If an electronic voting system is in use for
C. All
D. 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
Sec. 30. Section 16-552, Arizona Revised Statutes, is amended to read:
A.
B. The
C. The county chairman of each political party represented on the
ballot may, by written appointment addressed to the
D. An
E. Within twenty-four hours of receipt of a challenge, the
F. If the vote is allowed, the board shall open the envelope
containing the ballot in such a manner that the affidavit thereon is not
destroyed, take out the ballot without unfolding it or permitting it to be
opened or examined
G. If the vote is not allowed, the affidavit envelope containing the
Sec. 31. Section 16-580, Arizona Revised Statutes, is amended to read:
A. Only one person per voting booth shall be permitted at any one time
to sign for the receipt of a ballot and to wait for an opportunity to vote.
B. On receiving his ballot the voter shall forthwith, and without
leaving the voting area, retire alone, except as provided in subsection G, to one of the voting booths not occupied, prepare his ballot in secret and
vote in the manner and substantial form as required by the instruction to
voters.
C. In order that the rights of other voters shall not be interfered
with a voter shall not be allowed to occupy a voting booth for more than five
minutes when other voters are waiting to occupy the booth. If he refuses to
leave after the lapse of five minutes he may be removed by the judges. If
a person has not completed his ballot after the allotted five minutes, he may
request the marshal to hold his ballot and when another booth is empty and
all voters present have had an opportunity to vote the removed person may be
allowed an additional five minutes in the booth.
D. Before leaving the voting booth the voter shall fold his ballot
lengthwise and crosswise, or place his card in the ballot envelope, but in
such a way that the contents of the ballot shall be concealed and the stub
can be removed without exposing the contents of the ballot and shall keep the
ballot folded until he has delivered it to the inspector, or judge acting as
such.
E. The election board official shall receive the ballot from the voter
and in the presence of the election board remove the stub without opening the
ballot, deposit the ballot in the ballot box, or if the voter so requests,
hand the ballot to the voter and permit the voter to deposit the ballot in
the ballot box, and string the stub upon a string provided therefor. If the
stub has been removed from the ballot prior to receipt by the election
official, it shall not be deposited in the ballot box, but it shall be marked
"spoiled" and placed with the spoiled ballots.
F. After delivery of the ballot to the election board official, or if
the voter has asked to deposit the ballot in the ballot box, after the ballot
is deposited, the voter shall then proceed outside the voting area and shall
not again enter the voting area unless he is an authorized election official.
G. Any registered voter may, at his option, be accompanied and
assisted by a person of his own choice or shall be assisted by two election
officials, one from each major political party, during any process relating
to voting or during the actual process of voting on a paper ballot, machine
or electronic voting system.
Sec. 32.
Section
Sec. 33. Section 16-622, Arizona Revised Statutes, is amended to read:
Sec. 34. Section 16-645, Arizona Revised Statutes, is amended to read:
A. When the board of supervisors, or the governing body of a city or
town, has completed its canvass of precinct returns, the person having the
largest number of votes, or if more than one candidate is necessary, those
candidates to the required number who have received the largest number of
votes for the nomination for an office in the political party of which he was
set forth on the ballot as a candidate for the nomination, shall be declared
the nominee of the party for that office and
B. The board of supervisors shall deliver the canvass to the secretary
of state within ten days after the primary election, and the secretary of
state shall on or before the second Monday following the primary election
canvass the return and issue the certification of nomination as provided in
this section to the nominees who filed nominating petitions and papers with
the secretary of state pursuant to section 16-311, subsection D.
C. A certificate of election shall not be issued to a write-in
candidate for precinct committeeman unless he receives a number of votes
equivalent to at least the same number of signatures required by section
16-322 for nominating petitions for the same office.
D. Except as provided in subsection C of this section, a certificate
of nomination shall not be issued to a write-in candidate of a party which
has not qualified for continued representation on the official ballot
pursuant to section 16-804 unless he receives a plurality of the votes of the
party for the office for which he is a candidate.
E. Except as provided by
Sec. 35. Section 16-801, Arizona Revised Statutes, is amended to read:
A new political party may become eligible for recognition and shall be
represented by an official party ballot at the next ensuing regular primary
election and accorded a column on the official ballot at the succeeding
general election upon filing with the secretary of state a petition signed
by a number of qualified electors equal to not less than one and one-third
per cent of the total votes cast for governor or presidential electors at the
last preceding general election. The petition shall:
1. Bear the certification of the county recorder of each county that
the signatures on the petition have been examined and that these are
signatures of qualified electors of the county.
2. Be verified by the affidavit of ten qualified electors of the
state, asking that the signers thereof be recognized as a new political
party. The status as qualified electors of the signers of the affidavit
shall be certified by the county recorder of the county in which they reside.
4. BE CAPTIONED "PETITION FOR POLITICAL PARTY RECOGNITION".
Sec. 36. Section 16-803, Arizona Revised Statutes, is amended to read:
A. A petition for recognition of a new political party shall be filed
with the secretary of state, the officer in charge of elections of the
county, or the city or town clerk, as the case may be, not less than
seventy-five nor more than one hundred five days prior to the primary
election.
B. No petition for recognition shall be submitted for signature
verification to a county recorder or a city or town clerk, as the case may
be, later than one hundred
C. The county recorder shall verify and count all signatures of
qualified electors within thirty days after submission.
Sec. 37. Section 16-901, Arizona Revised Statutes, is amended to read:
In this chapter, unless the context otherwise requires:
1. "Agent" means, with respect to any person other than a candidate,
any person who has oral or written authority, either express or implied, to
make or authorize the making of expenditures as defined in this section on
behalf of a candidate, any person who has been authorized by the treasurer
of a political committee to make or authorize the making of expenditures or
a political consultant for a candidate or political committee.
2. "Candidate" means an individual who receives or gives consent for
receipt of a contribution for his nomination for or election to any office
in this state other than a federal office.
3. "Candidate's campaign committee" means a political committee
designated and authorized by a candidate.
4. "Clearly identified candidate" means that the name, a photograph
or a drawing of the candidate appears or the identity of the candidate is
otherwise apparent by unambiguous reference.
5. "Contribution" means any gift, subscription, loan, advance or
deposit of money or anything of value made for the purpose of influencing an
election including supporting or opposing the recall of a public officer or
supporting
(a) Includes all of the following:
(i) A contribution made to retire campaign debt.
(ii) Money or the fair market value of anything directly or indirectly
given or loaned to an elected official for the purpose of defraying the
expense of communications with constituents, regardless of whether the
elected official has declared his candidacy.
(iii) The entire amount paid to a political committee to attend a
fund-raising or other political event and the entire amount paid to a
political committee as the purchase price for a fund-raising meal or item,
except that no contribution results if the actual cost of the meal or
fund-raising item, based on the amount charged to the committee by the
vendor, constitutes the entire amount paid by the purchaser for the meal or
item, the meal or item is for the purchaser's personal use and not for resale
and the actual cost is the entire amount paid by the purchaser in connection
with the event. This exception does not apply to auction items.
(iv) Unless specifically exempted, the provision of goods or services
without charge or at a charge that is less than the usual and normal charge
for such goods and services.
(b) Does not include any of the following:
(i) The value of services provided without compensation by any
individual who volunteers on behalf of a candidate, a candidate's campaign
committee or any other political committee.
(ii) Money or the value of anything directly or indirectly provided
to defray the expense of an elected official meeting with constituents if the
elected official is engaged in the performance of the duties of his office
or provided by the state or a political subdivision to an elected official
for communication with constituents if the elected official is engaged in the
performance of the duties of his office.
(iii) The use of real or personal property, including a church or
community room used on a regular basis by members of a community for
noncommercial purposes, that is obtained by an individual in the course of
volunteering personal services to any candidate, candidate's committee or
political party, and the cost of invitations, food and beverages voluntarily
provided by an individual to any candidate, candidate's campaign committee
or political party in rendering voluntary personal services on the
individual's residential premises or in the church or community room for
candidate-related or political party-related activities, to the extent that
the cumulative value of the invitations, food and beverages provided by the
individual on behalf of any single candidate does not exceed one hundred
dollars with respect to any single election.
(iv) Any unreimbursed payment for personal travel expenses made by an
individual who on his own behalf volunteers his personal services to a
candidate.
(v) The payment by a political party for party operating expenses,
party staff and personnel, party newsletters and reports, voter registration
and efforts to increase voter turnout, party organization building and
maintenance and printing and postage expenses for slate cards, sample
ballots, other written materials that substantially promote three or more
nominees of the party for public office and other election activities not
related to a specific candidate, except that this item does not apply to
costs incurred with respect to a display of the listing of candidates made
on telecommunications systems or in newspapers, magazines or similar types
of general circulation advertising.
(vi) Independent expenditures.
(vii) Monies loaned by a state bank, a federally chartered depository
institution or a depository institution the deposits or accounts of which are
insured by the federal deposit insurance corporation or the national credit
union administration, other than an overdraft made with respect to a checking
or savings account, that is made in accordance with applicable law and in the
ordinary course of business. In order for this exemption to apply, this loan
shall be deemed a loan by each endorser or guarantor, in that proportion of
the unpaid balance that each endorser or guarantor bears to the total number
of endorsers or guarantors, the loan shall be made on a basis that assures repayment, evidenced by a written instrument, shall be subject to a due date
or amortization schedule and shall bear the usual and customary interest rate
of the lending institution.
(viii) A gift, subscription, loan, advance or deposit of money or
anything of value to a national or a state committee of a political party
specifically designated to defray any cost for the construction or purchase
of an office facility not acquired for the purpose of influencing the
election of a candidate in any particular election.
(ix) Legal or accounting services rendered to or on behalf of a
political committee or a candidate, if the only person paying for the
services is the regular employer of the individual rendering the services and
if the services are solely for the purpose of compliance with this title.
(x) The payment by a political party of the costs of campaign
materials, including pins, bumper stickers, handbills, brochures, posters,
party tabloids and yard signs, used by the party in connection with volunteer
activities on behalf of any nominee of the party or the payment by a state
or local committee of a political party of the costs of voter registration
and get-out-the-vote activities conducted by the committee if the payments
are not for the costs of campaign materials or activities used in connection
with any telecommunication, newspaper, magazine, billboard, direct mail or
similar type of general public communication or political advertising.
(xi) Transfers between political committees to distribute monies
raised through a joint fund-raising effort in the same proportion to each
committee's share of the fund-raising expenses and payments from one
political committee to another in reimbursement of a committee's
proportionate share of its expenses in connection with a joint fund-raising
effort.
(xii) An extension of credit for goods and services made in the
ordinary course of the creditor's business if the terms are substantially
similar to extensions of credit to nonpolitical debtors that are of similar
risk and size of obligation and if the creditor makes a commercially
reasonable attempt to collect the debt, except that any extension of credit
under this item made for the purpose of influencing an election which remains
unsatisfied by the candidate after six months, notwithstanding good faith
collection efforts by the creditor, shall be deemed receipt of a contribution
by the candidate but not a contribution by the creditor.
(xiii) Interest or dividends earned by a political committee on any
bank accounts, deposits or other investments of the political committee.
6. "Earmarked" means a designation, instruction or encumbrance that
results in all or any part of a contribution or expenditure being made to,
or expended on behalf of, a clearly identified candidate or a candidate's
campaign committee.
7. "Election" means any election for
8. "Expenditures" includes any purchase, payment, distribution, loan,
advance, deposit or gift of money or anything of value made by a person for
the purpose of influencing an election in this state including supporting or
opposing the recall of a public officer or supporting
(a) A news story, commentary or editorial distributed through the
facilities of any telecommunications system, newspaper, magazine or other
periodical publication, unless the facilities are owned or controlled by a
political committee, political party or candidate.
(b) Nonpartisan activity designed to encourage individuals to vote or
to register to vote.
(c) The payment by a political party of the costs of preparation,
display, mailing or other distribution incurred by the party with respect to
any printed slate card, sample ballot or other printed listing of three or
more candidates for any public office for which an election is held, except
that this subdivision does not apply to costs incurred by the party with
respect to a display of any listing of candidates made on any
telecommunications system or in newspapers, magazines or similar types of
general public political advertising.
(d) The payment by a political party of the costs of campaign
materials, including pins, bumper stickers, handbills, brochures, posters,
party tabloids and yard signs, used by the party in connection with volunteer
activities on behalf of any nominee of the party or the payment by a state
or local committee of a political party of the costs of voter registration
and get-out-the-vote activities conducted by the committee if the payments
are not for the costs of campaign materials or activities used in connection
with any telecommunications system, newspaper, magazine, billboard, direct
mail or similar type of general public communication or political
advertising.
(e) Any deposit or other payment filed with the secretary of state or
any other similar officer to pay any portion of the cost of printing an
argument in a publicity pamphlet advocating or opposing a ballot measure.
9. "Exploratory committee" means a political committee that is formed
for the purpose of determining whether an individual will become a candidate and that receives contributions or makes expenditures of more than five
hundred dollars in connection with that purpose.
10. "Family contribution" means any contribution that is provided to
a candidate's campaign committee by a parent, grandparent, spouse, child or
sibling of the candidate or a parent or spouse of any of those persons.
11. "Filing officer" means the office that is designated by section
16-916 to conduct the duties prescribed by this chapter.
12. "Identification" means:
(a) For an individual, his name and mailing address, his occupation
and the name of his employer.
(b) For any other person, including a political committee, the full
name and mailing address of the person. For a political committee,
identification includes the identification number issued on the filing of a
statement of organization pursuant to section 16-902.01.
13. "Incomplete contribution" means any contribution received by a
political committee for which the contributor's mailing address, occupation,
employer or identification number has not been obtained and is not in the
possession of the political committee.
14. "Independent expenditure" means an expenditure by a person or
political committee, other than a candidate's campaign committee, that
expressly advocates the election or defeat of a clearly identified candidate,
that is made without cooperation or consultation with any candidate or
committee or agent of the candidate and that is not made in concert with or
at the request or suggestion of a candidate, or any committee or agent of the
candidate. Independent expenditure includes an expenditure that is subject
to the requirements of section 16-917 which requires a copy of campaign
literature or advertisement to be sent to a candidate named or otherwise
referred to in the literature or advertisement. An expenditure is not an
independent expenditure if any of the following applies:
(a) Any officer, member, employee or agent of the political committee
making the expenditure is also an officer, member, employee or agent of the
committee of the candidate whose election or whose opponent's defeat is being
advocated by the expenditure or an agent of the candidate whose election or
whose opponent's defeat is being advocated by the expenditure.
(b) There is any arrangement, coordination or direction with respect
to the expenditure between the candidate or the candidate's agent and the
person making the expenditure, including any officer, director, employee or
agent of that person.
(c) In the same election the person making the expenditure, including
any officer, director, employee or agent of that person, is or has been:
(i) Authorized to raise or expend monies on behalf of the candidate
or the candidate's authorized committees.
(ii) Receiving any form of compensation or reimbursement from the
candidate, the candidate's committees or the candidate's agent.
(d) The expenditure is based on information about the candidate's
plans, projects or needs, or those of his campaign committee, provided to the
expending person by the candidate or by the candidate's agents or any
officer, member or employee of the candidate's campaign committee with a view
toward having the expenditure made.
15. "In-kind contribution" means a contribution of goods or services
or anything of value and not a monetary contribution.
16. "Itemized" means that each contribution received or expenditure
made is set forth separately.
17. "Literature or advertisement" means information or materials that
are mailed, distributed or placed in some medium of communication for the
purpose of influencing the outcome of an election.
18. "Personal monies" means any of the following:
(a) Assets to which the candidate has a legal right of access or
control at the time he becomes a candidate and with respect to which the
candidate has either legal title or an equitable interest.
(b) Salary and other earned income from bona fide employment of the
candidate, dividends and proceeds from the sale of the stocks or investments
of the candidate, bequests to the candidate, income to the candidate from
trusts established before candidacy, income to the candidate from trusts
established by bequest after candidacy of which the candidate is a
beneficiary, gifts to the candidate of a personal nature that have been
customarily received before the candidacy and proceeds received by the
candidate from lotteries and other legal games of chance.
(c) The proceeds of loans obtained by the candidate that are not
contributions and for which the collateral or security is covered by
subdivision (a) or (b) of this paragraph.
(d) Family contributions.
19. "Political committee" means a candidate or any association or
combination of persons that is organized, conducted or combined for the
purpose of influencing the result of any election or to determine whether an
individual will become a candidate for election in this state or in any
county, city, town, district or precinct in this state, that engages in
political activity in behalf of or against a candidate for election or
retention or in support of or opposition to an initiative, referendum or
recall or any other measure or proposition and that applies for a serial
number and circulates petitions and, in the case of a candidate for public
office except those exempt pursuant to section 16-903, that receives
contributions or makes expenditures in connection therewith, notwithstanding
that the association or combination of persons may be part of a larger
association, combination of persons or sponsoring organization not primarily
organized, conducted or combined for the purpose of influencing the result
of any election in this state or in any county, city, town or precinct in
this state. Political committee includes the following types of committees:
(a) A candidate's campaign committee.
(b) A separate, segregated fund established by a corporation or labor
organization pursuant to section 16-920, subsection A, paragraph 3.
(c) A committee acting in support of or opposition to the
qualification, passage or defeat of a ballot measure, question or
proposition.
(d) A committee organized to circulate or oppose a recall petition or
to influence the result of a recall election.
(e) A political party.
(f) A committee organized for the purpose of making independent
expenditures.
(g) A committee organized in support of or opposition to one or more
candidates.
(h) A political organization.
(i) An exploratory committee.
20. "Political organization" means an organization that is formally
affiliated with and recognized by a political party including a district
committee organized pursuant to section 16-823.
21. "Political party" means the state committee as prescribed by
section 16-825 or the county committee as prescribed by section 16-821 of an
organization that meets the requirements for recognition as a political party
pursuant to section 16-801 or section 16-804, subsection A.
22. "Sponsoring organization" means any organization that establishes,
administers or contributes financial support to the administration of, or
that has common or overlapping membership or officers with, a political
committee other than a candidate's campaign committee.
23. "Statewide office" means the office of governor, secretary of
state, state treasurer, attorney general, superintendent of public
instruction, corporation commissioner or mine inspector.
24. "Surplus monies" means those monies of a political committee
remaining after all of the committee's expenditures have been made and its
debts have been extinguished.
Sec. 38. Title 19, chapter 1, article 2, Arizona Revised Statutes, is
amended by adding section 19-118, to read:
1. MEANS A NATURAL PERSON WHO RECEIVES MONETARY OR OTHER COMPENSATION
THAT IS BASED ON THE NUMBER OF SIGNATURES OBTAINED ON A PETITION OR ON THE
NUMBER OF PETITIONS CIRCULATED THAT CONTAIN SIGNATURES.
2. DOES NOT INCLUDE A PAID EMPLOYEE OF ANY POLITICAL COMMITTEE
ORGANIZED PURSUANT TO TITLE 16, CHAPTER 6, UNLESS THAT EMPLOYEE'S PRIMARY
RESPONSIBILITY IS CIRCULATING PETITIONS TO OBTAIN SIGNATURES.
Sec. 39. Section 19-121.02, Arizona Revised Statutes, is amended to
read:
A. Within ten days, excluding Saturdays, Sundays and other legal
holidays, after receiving the facsimile signature sheets and affidavits from
the secretary of state pursuant to section 19-121.01, the county recorder
shall determine which signatures or affidavits of individuals whose names
were transmitted shall be disqualified for any of the following reasons:
1. No residence address or description of residence location is
provided.
2. No date of signing is provided.
3. The signature is illegible and the signer is otherwise
unidentifiable.
4. The address provided is illegible or nonexistent.
5. The individual was not a qualified elector on the date of signing
the petition or affidavit.
6. The individual was a registered voter but was not at least eighteen
years of age on the date of signing the petition or affidavit.
7. The individual was registered at a different address or location
and in a different precinct from the address or location provided on the
petition or affidavit on the date the petition or affidavit was signed.
8. The signature was disqualified after comparison with the signature
on the affidavit of registration.
9. If a petitioner signed more than once, all but one otherwise valid
signature shall be disqualified.
10. For the same reasons any signatures or entire petition sheets could
have been removed by the secretary of state pursuant to section 19-121.01,
subsection A.
B. The disqualification of the circulator with respect to an affidavit
pursuant to subsection A of this section results in the disqualification and
removal of all signatures on that petition sheet but not necessarily all
petition sheets circulated by that circulator without an independent reason
for disqualification for each sheet.
C. Within the same time period provided in subsection A of this
section, the county recorder shall certify to the secretary of state the
following:
1. The name of any individual whose signature was included in the
random sample and disqualified by the county recorder together with the
petition page and line number of the disqualified signature.
2. The name of any other individual petition signer whose signature
was disqualified by the county recorder together with the petition page and
line number of the disqualified signature.
3. The total number of signatures selected for the random sample and
transmitted to the county recorder for verification and the total number of
random sample signatures disqualified as well as the total number of all
other individual signatures disqualified.
4. The name of each circulator disqualified by the county recorder
together with the page number of each petition sheet thereby disqualified.
5. The total number of signatures on those petition sheets
disqualified due to the disqualification of the circulator.
D. The secretary of state shall prescribe the form of the county
recorder's certification.
E.
Sec. 40. Section 19-121.03, Arizona Revised Statutes, is amended to
read:
A. If the county recorder fails or refuses to comply with the
provisions of section 19-121.02, any citizen may apply, within ten
B. Any citizen may challenge in the superior court the certification
made by a county recorder pursuant to section 19-121.02 within ten
C. An action commenced under this section shall be brought in the
county of such recorder, except that any such action involving more than one
recorder shall be brought in Maricopa county.
Sec. 41. Section 19-122, Arizona Revised Statutes, is amended to read:
A. If the secretary of state refuses to accept and file a petition for
the initiative or referendum, or proposal for a constitutional amendment
which has been presented within the time prescribed, or if he refuses to
transmit the facsimiles of a signature sheet or sheets or affidavits of
circulators to the county recorders for certification under section
19-121.01, he shall provide the person who submitted the petition, proposal,
signature sheet or affidavit with a written statement of the reason for the
refusal. Within ten
B. The most current version of the general county register at the time
of filing a court action challenging an initiative or referendum petition
shall constitute the official record to be used to determine on a prima facie
basis by the challenger that the signer of a petition was not registered to
vote at the address given on the date of signing the petition. If the
address of the signer given on the date of signing the petition is different
from that on the most current version of the general county register, the
county recorder shall examine the version of the general county register
which was current on the date the signer signed the petition to determine the
validity of the signature. This subsection does not preclude introducing into
evidence a certified copy of the affidavit or registration of any signer
dated prior to the signing of the petition if the affidavit is in the
possession of the county recorder but has not yet been filed in the general
county register.
C. Notwithstanding section 19-121.04, if any petition filed is not
legally sufficient, the court may, in an action brought by any citizen,
enjoin the secretary or other officers from certifying or printing on the
official ballot for the ensuing election the amendment or measure proposed
or referred. The action shall be advanced on the calendar and heard and
decided by the court as soon as possible. Either party may appeal to the
supreme court within ten days after judgment.
D. The superior court in Maricopa county shall have jurisdiction of
actions relating to measures and amendments to be submitted to the electors
of the state at large. With respect to actions relating to local and special
measures, the superior court in the county, or in one of the counties, in
which the measures are to be voted upon shall have jurisdiction.
Sec. 42. Section 19-208.02, Arizona Revised Statutes, is amended to
read:
1.
Sec. 43. Section 19-208.04, Arizona Revised Statutes, is amended to
read:
A. If the county recorder fails to comply with the provisions of
section 19-208.02, any elector may apply, within ten
B. If an elector wishes to challenge the number of signatures
certified by the county recorder under the provisions of section 19-208.02,
he shall, within ten
C. An action filed in the superior court under the provisions of this
section against a county recorder shall be filed in the county of such county
recorder, except that when any such action involves more than one county
recorder such action shall be filed in Maricopa county.
Sec. 44. Title 38, chapter 2, article 6, Arizona Revised Statutes, is
amended by adding section 38-296.01, to read:
APPROVED BY THE GOVERNOR NOVEMBER 14, 1997.
FILED IN THE OFFICE OF THE SECRETARY OF STATE NOVEMBER 17, 1997.
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