HB2257 - 451R

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  Senate Engrossed House Bill
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  State of Arizona
  House of Representatives
  Forty-fifth Legislature
  First Regular Session
  2001
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      HOUSE BILL 2257
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AN ACT

AMENDING SECTIONS 16-153 AND 16-168, ARIZONA REVISED STATUTES; RELATING TO REGISTRATION OFFICERS AND PROCEDURES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 16-153, Arizona Revised Statutes, is amended to read:

16-153. Voter registration; confidentiality; definitions

A. Justices of the supreme court, judges of the court of appeals, judges or commissioners of the superior court, municipal court judges, peace officers, PROSECUTORS, PUBLIC DEFENDERS, or victims of domestic violence OR PERSONS WHO ARE PROTECTED UNDER AN ORDER OF PROTECTION OR INJUNCTION AGAINST HARASSMENT, AND ANY OTHER REGISTERED VOTER WHO RESIDES AT THE SAME RESIDENCE ADDRESS AS THE JUSTICE, JUDGE, COMMISSIONER, PROSECUTOR OFFICER, PUBLIC DEFENDER OFFICER OR PROTECTED PERSON, may request that the general public be prohibited from accessing the residential address, telephone number and voting precinct number contained in their voter registration record.

B. Justices, judges, commissioners, PROSECUTORS, PUBLIC DEFENDERS or officers may request this action by filing an affidavit which states all of the following:

1. The person's name.

2. The position the person currently holds and a description of the person's duties.

3. The reasons for reasonably believing that the person's life or safety or that of another person is in danger and that sealing the residential address, telephone number and voting precinct number of the person's voting record will serve to reduce the danger.

C. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent a multiplicity of filings, peace officers shall deliver the affidavit to their commanding officer, who shall file the affidavits at one time, PROSECUTORS SHALL DELIVER THE AFFIDAVIT TO THE HEAD OF THE PROSECUTING AGENCY OR THAT PERSON'S DESIGNEE WHO SHALL FILE THE AFFIDAVITS AT ONE TIME, AND PUBLIC DEFENDERS SHALL DELIVER THE AFFIDAVIT TO THE HEAD OF THE PUBLIC DEFENDING AGENCY OR THAT PERSON'S DESIGNEE WHO SHALL FILE THE AFFIDAVITS AT ONE TIME. In the absence of an affidavit that contains a request for immediate action and is supported by facts justifying an earlier presentation, the commanding officer, THE HEAD OF THE PROSECUTING AGENCY OR THAT PERSON'S DESIGNEE OR THE HEAD OF THE PUBLIC DEFENDING AGENCY OR THAT PERSON'S DESIGNEE shall not file affidavits ~~of peace officers presented to the commanding officer~~ more often than quarterly.

D. Upon receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting justices, judges, commissioners, PROSECUTORS, PUBLIC DEFENDERS and peace officers. The petition shall have attached each affidavit presented. In the absence of an affidavit that contains a request for immediate action and is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.

E. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each justice, judge, commissioner, PROSECUTOR, PUBLIC DEFENDER or officer should be granted. The presiding judge of the superior court shall order the sealing of the information contained in the voter record of the justice, judge, commissioner, PROSECUTOR, PUBLIC DEFENDER or officer AND, ON REQUEST, ANY OTHER REGISTERED VOTER WHO RESIDES AT THE SAME RESIDENCE ADDRESS if the presiding judge concludes that this action will reduce a danger to the life or safety of the affiant.

F. Upon entry of the court order, the clerk of the superior court shall file the court order with the county recorder. Upon receipt of the court order the county recorder shall seal the voter registration of the justices, judges, commissioners, PROSECUTORS, PUBLIC DEFENDERS, or officers AND OTHER PERSONS listed in the court order no later than one hundred ~~fifty~~ TWENTY days from the date of receipt of the court order. The information in the registration shall not be disclosed and is not a public record.

G. If the court denies an affiant's requested sealing of the voter registration record, the affiant may request a court hearing. The hearing shall be conducted by the court where the petition was filed.

H. Upon request by a domestic violence victim OR PERSON WHO IS PROTECTED UNDER AN ORDER OF PROTECTION OR INJUNCTION AGAINST HARASSMENT and presentation of an order of protection issued pursuant to section 13-3602, an injunction against harassment issued pursuant to section 12-1809 or an order of protection or injunction against harassment issued by a court in another state, the county recorder shall seal the voter registration record of the domestic violence victim OR PERSON WHO IS PROTECTED AND, ON REQUEST, ANY OTHER REGISTERED VOTER WHO RESIDES AT THE RESIDENCE ADDRESS OF THE PROTECTED PERSON. The record shall be sealed no later than one hundred ~~fifty~~ TWENTY days from the date of receipt of the court order. The information in the registration shall not be disclosed and is not a public record.

I. For the purposes of this section: ,

1. "Domestic violence" has the same meaning as prescribed by section 20-448.

2. "PROSECUTOR" MEANS UNITED STATES ATTORNEY, COUNTY ATTORNEY, MUNICIPAL PROSECUTOR OR ATTORNEY GENERAL AND AN ASSISTANT OR DEPUTY UNITED STATES ATTORNEY, COUNTY ATTORNEY, MUNICIPAL PROSECUTOR OR ATTORNEY GENERAL.

3. "PUBLIC DEFENDER" MEANS A FEDERAL PUBLIC DEFENDER, COUNTY PUBLIC DEFENDER, COUNTY LEGAL DEFENDER OR COUNTY CONTRACT INDIGENT DEFENSE COUNSEL AND AN ASSISTANT OR DEPUTY FEDERAL PUBLIC DEFENDER, COUNTY PUBLIC DEFENDER OR COUNTY LEGAL DEFENDER.

Sec. 2. Section 16-168, Arizona Revised Statutes, is amended to read:

16-168. Precinct registers; date of preparation; contents; copies; reports; violation; classification

A. By the tenth day preceding the primary and general elections the county recorder shall prepare from the original registration forms or from electronic media at least four lists that are printed or typed on paper of all qualified electors in each precinct in the county, and such lists shall be the official precinct registers.

B. The official precinct registers for use at the polling place shall contain at least the names in full, party preference, date of registration and residence address of each qualified elector in the respective precincts. Such names shall be in alphabetical order and, in a column to the left of the names, such names shall be numbered consecutively beginning with number 1 in each precinct register.

C. For purposes of transmitting voter registration information as prescribed by this subsection, computer generated disks or computer software with at least six hundred forty megabytes of storage in counties with a population over five hundred thousand in the last decennial census shall be the principal media. A county or state chairman who is eligible to receive copies of precinct registers as prescribed by this subsection may request that the recorder provide a paper copy of the precinct registers. The county recorder shall, in addition to preparing the official precinct registers, provide a means for mechanically or electronically reproducing the precinct registers and shall unless otherwise agreed deliver within eight days after the close of registration for the primary and general elections, without charge, on the same day one electronic media copy of each precinct register within the county to the county chairman and one electronic media copy to the state chairman of each party which has at least four candidates other than presidential electors appearing upon the ballot in that county at the current election. The county recorder shall also, upon request and without charge, deliver one electronic media copy of the precinct register to the Arizona legislative council. The county recorder of a county with a population of fewer than four hundred thousand persons shall, on the same day precinct registers are delivered to county chairmen, deliver one electronic media copy of each precinct register within the county to the state chairman of each party which has at least four candidates other than presidential electors appearing on the ballot in this state at the current election. The copies of the precinct registers shall be on magnetic computer disks or computer software with at least six hundred forty megabytes of storage which shall include for each elector the following information:

1. Name in full and appropriate title.

2. Party preference.

3. Date of registration.

4. Residence address.

5. Mailing address, if different from residence address.

6. Zip code.

7. Telephone number if given.

8. Birth ~~date~~ YEAR.

9. Occupation.

10. Primary election and general election voting history for the prior four years and any other information regarding registered voters which the county recorder or city or town clerk maintains on magnetic computer disks or computer software and which is public information.

D. The names on the precinct registers shall be in alphabetical order and ~~any changes, additions or deletions to~~ the precinct registers IN THEIR ENTIRETY shall unless otherwise agreed be delivered to each county chairman and each state chairman at least quarterly and within ten business days of the close of each quarter in the same format and media as prescribed by subsection C of this section.

E. Precinct registers and other lists and information derived from registration forms may be used only for purposes relating to a political or political party activity, a political campaign or an election, for revising election district boundaries or for any other purpose specifically authorized by law AND MAY NOT BE USED FOR A COMMERCIAL PURPOSE AS DEFINED IN SECTION 39-121.03. THE SALE OF REGISTERS, LISTS AND INFORMATION DERIVED FROM REGISTRATION FORMS TO A CANDIDATE OR A REGISTERED POLITICAL COMMITTEE FOR A USE SPECIFICALLY AUTHORIZED BY THIS SUBSECTION DOES NOT CONSTITUTE USE FOR A COMMERCIAL PURPOSE. The county recorder, on a request for an authorized use and within thirty days from receipt of the request, shall prepare additional copies of ~~any~~ AN OFFICIAL precinct register and furnish them to any person requesting them on payment of a fee equal to five cents for each name appearing on the register for a printed list and ten cents for each name for an electronic data medium, plus the cost of the blank computer disk or computer software if furnished by the recorder, for each copy so furnished.

F. Any person in possession of a precinct register, in whole or part, or any reproduction of a precinct register, shall not permit such register to be used, bought, sold or otherwise transferred for any purpose except for uses otherwise authorized by this section. A person in possession of information derived from voter registration forms or precinct registers shall not distribute, post or otherwise provide access to any portion of that information through the internet EXCEPT AS AUTHORIZED BY SUBSECTION J OF THIS SECTION. without the prior written approval of the voter. Written approval of the voter is valid only if filed in the office of the county recorder. Any person violating this subsection is guilty of a class 6 felony. Nothing in this ~~subsection~~ SECTION shall preclude public inspection of voter registration records AT THE OFFICE OF THE COUNTY RECORDER FOR THE PURPOSES PRESCRIBED BY THIS SECTION, EXCEPT THAT THE MONTH AND DAY OF BIRTH DATE, THE SOCIAL SECURITY NUMBER OR ANY PORTION THEREOF, THE INDIAN CENSUS NUMBER, THE FATHER'S NAME OR MOTHER'S MAIDEN NAME, THE STATE OR COUNTRY OF BIRTH AND THE RECORDS CONTAINING A VOTER'S SIGNATURE SHALL NOT BE ACCESSIBLE OR REPRODUCED BY ANY PERSON OTHER THAN THE VOTER, BY AN AUTHORIZED GOVERNMENT OFFICIAL IN THE SCOPE OF THE OFFICIAL'S DUTIES, FOR SIGNATURE VERIFICATION ON PETITIONS AND CANDIDATE FILINGS, FOR ELECTION PURPOSES, FOR NEWS GATHERING PURPOSES BY A PERSON ENGAGED IN NEWSPAPER, RADIO, TELEVISION OR REPORTORIAL WORK, OR CONNECTED WITH OR EMPLOYED BY A NEWSPAPER, RADIO OR TELEVISION STATION OR PURSUANT TO A COURT ORDER. ANY PERSON VIOLATING THIS SUBSECTION OR SUBSECTION E OF THIS SECTION IS GUILTY OF A CLASS 6 FELONY.

G. The county recorder shall count the registered voters by political party by precinct, legislative district and congressional district as follows:

1. In even numbered years, the county recorder shall count all persons who are registered to vote as of:

(a) January 1.

(b) March 1.

(d) The last day on which a person may register to be eligible to vote in the next general election.

(e) The last day on which a person may register to be eligible to vote in the next presidential preference election.

2. In odd numbered years, the county recorder shall count all persons who are registered to vote as of:

(a) January 1.

(b) April 1.

(d) October 1.

H. The county recorder shall report the totals to the secretary of state as soon as is practicable following each of the dates prescribed in subsection G of this section. The report shall include completed registration forms returned in accordance with section 16-134, subsection B. The county recorder shall also provide the report in a uniform electronic computer media format that shall be agreed upon between the secretary of state and all county recorders. The secretary of state shall then prepare a summary report for the state and shall maintain that report as a permanent record.

I. The county recorder shall provide to the secretary of state a list of registered voters in the county, including the voter's name, ~~date~~ YEAR of birth and state of birth along with the count of registered voters pursuant to subsection G of this section. The list of registered voters is a public record and shall be in a format agreed upon between the secretary of state and each county recorder. The list shall be labeled to show that it is not an official listing of registered voters. The secretary of state shall compare the lists to identify persons registered in more than one county. If a person is registered in more than one county, the secretary of state shall notify, within fifteen days after receipt of the list, the county recorder in each county in which the person is registered except the county recorder in the county in which the person registered last. The notice shall include the date of the person's latest registration. After receiving this notice the county recorder shall cancel the person's registration as of the date of the newest registration and notify the person of the cancellation at the address provided by the secretary of state from the county of the latest registration.

J. THE COUNTY RECORDER SHALL PROTECT ACCESS TO VOTER REGISTRATION INFORMATION IN AN AUDITABLE FORMAT AND METHOD SPECIFIED IN THE SECRETARY OF STATE'S ELECTRONIC VOTING SYSTEM INSTRUCTIONS AND PROCEDURES MANUAL THAT IS ADOPTED PURSUANT TO SECTION 16-452.