Strike everything after the enacting clause and insert:

"Section 1. Section 16-168, Arizona Revised Statutes, is amended to read:

16-16816-168. 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.

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 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. 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 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 shall preclude public inspection of voter registration records.

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 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. 16-168

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.

Sec. 2. Section 16-542, Arizona Revised Statutes, is amended to read:

16‑54216-542. Request for ballot

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 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. The county recorder may establish on-site early voting locations at the recorder's office or any other locations in the county the recorder deems necessary.

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 of 1986 (P.L. 99-410; 42 United States Code section 1973) that is received by the county recorder or other officer in charge of elections more than ninety days next preceding the Saturday before the election is valid.

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 the elector is temporarily residing while absent from the precinct, the early ballot and the envelope for its return 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. Only the elector may be in possession of that elector's unvoted early ballot. If the request is made by the elector within thirty days next preceding the Saturday before the election, such 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. Within twenty-four hours after receipt of a request for an early ballot, the county recorder or other officer in charge of early balloting shall make available, at no cost to political parties that are entitled to continued representation on the ballot pursuant to section 16-804, a daily list of all persons who have requested early ballots. The list shall not include the voter's telephone number, is not a record subject to public disclosure and shall not be used for any purpose other than an election purpose. If the request is made by an absent uniformed services voter or an overseas voter more than ninety days next preceding the Saturday before the election, the mailing shall be made within twenty-four hours after the early ballots are delivered pursuant to section 16-545, subsection B, excluding Sundays.

D. In order 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 be received by the county recorder or other officer in charge of elections no later than 5:00 p.m. on the eleventh day preceding the election. An elector who appears personally no later than 5:00 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 and permitted to vote at the on-site location.

E. 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 prior to the election.

F. As a result of an emergency occurring between 5:00 p.m. on the second Friday preceding the election and 5:00 p.m. on the Monday preceding the election, qualified electors may request to vote early in the manner prescribed by the county recorder of their respective county. For purposes of this subsection, "emergency" means any unforeseen circumstances which would prevent the elector from voting at the polls.

G. A candidate or political committee may distribute early ballot request forms to voters. If the early ballot request forms include a printed address for return to an addressee other than a political subdivision, the addressee shall be the candidate or political committee that paid for the printing and distribution of the request forms. An early ballot request form distributed by a political party shall contain the return address of the COUNTY recorder or other officer in charge of elections for the appropriate political subdivision. A candidate or political committee may collect completed early ballot request forms, but All early ballot request forms that are received by a candidate or political committee shall be transmitted as soon as practicable within ten business days to the political subdivision that will conduct the election, Except that a candidate or political committee that receives an early ballot request within the thirty days immediately before the saturday before the election shall transmit that early ballot request to the political subdivision within ninety-six hours after receipt of the early ballot request, and in any event must be delivered to the county recorder or other officer in charge of elections no later than 5:00 p.m. on the eleventh day preceding the election. SATURDAYS, sundays and other legal holidays are not included in the computation of the ninety-six hours."16‑542

Forty-fifth Legislature Jud

First Regular Session H.B. 2259

Amend title to conform