Assigned to GOV                                                                                                                                          AS ENACTED

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FINAL REVISED

FACT SHEET FOR S.B. 1285

 

elections; petition amendments

 

Purpose

 

Modifies the procedures and requirements for filing referendum, initiative and recall petitions and creates a two-year study committee to review address verification and voter registration regarding addresses.

 

Background

 

When a person chooses to vote by mail, a voter may receive a replacement ballot if they sign a sworn statement that the ballot was lost, spoiled, destroyed or not received.  As a result, in some cases voters may cast more than one vote. This legislation designates the first ballot received as the official vote to be counted.

 

Candidates running for office or individuals initiating a recall petition sometimes only list a post office address, making it impossible to certify that these individuals live in the district.  In 2001, the Legislature passed legislation to require a person to provide an actual address or description of place of residence and post office address on nomination petitions for candidates in a primary election initiative petitions and recalls, however this requirement was not included for partisan elections (Laws 2001, Chapter 169).  S.B. 1285 conforms the party nomination statutes regarding the candidate’s actual residence address with those amended last year.

 

There is no fiscal impact to the state general fund associated with this legislation.

 

Provisions

 

1.      Stipulates that signatures obtained on a referendum or initiative petition before the political committee supporting the petition has filed a statement of organization or a $500 threshold exemption statement are void.  Applies only to petitions filed after the effective date of this act.

 

2.      Exempts recall petitions from designating if the circulator is paid or a volunteer and stipulates that signatures are valid without the designation.

 

3.      Authorizes the placement of nominated candidates on the official recall ballot after filing a nomination petition that is signed by at least two percent of the total votes cast for all candidates for that office at the last election for that office. 

 

4.      Requires the nomination petition signers to be qualified electors of the district of the officer against whom the recall petition is filed.

5.      Requires a political committee that makes expenditures to influence the results of a ballot proposition election to include the committee’s name, the official serial number for the petition and the committee’s support or opposition of the passage of the ballot measure in the statement of organization. 

 

6.      Requires the first, rather than the last, ballot received to be counted if an elector who receives a replacement ballot votes more than once. 

 

7.      Requires, effective January 1, 2003, an address to provide the person’s actual residence address or description of the place of residence. 

 

8.      Requires the actual residence address be verified with the voter registration form.

 

9.      Requires the voter register to include a voter's date of birth rather than just the year of birth.

 

10.  Establishes the two-year Voter Registration and Mailing Address Study Committee to:

 

a)      Review the signature and address verification process.

b)      Review and analyze the record keeping process for voter registration forms.

c)      Collect information regarding the prevalence and location of communities that use only a post office address or rural route address.

d)      Consider processes and procedures to avoid automatic disqualification of signatures, petitions and election forms that indicate a post office box, if the actual residence address is properly indicated on the voter registration form.

e)      Consider processes and procedures to continue to protect voter registration roles.

f)        Make recommendations for possible statutory changes relating to the issues considered by the Committee.

 

11.  Authorizes the use of legislative staff and reimbursement of expenses of Committee members.

 

12.  Requires the Committee to report annually its findings and recommendations to the Legislature and the Governor.  Requires the Committee to provide a copy of the report to the Secretary of State, the Director of the Arizona State Library, Archives and Public Records and to each county recorder.

 

13.  Makes technical and conforming changes.

 

14.  Provides for a general effective date unless otherwise provided.

 

Amendments Adopted by Committee

 

1.      Removes the sections regarding a consolidated election for referendums or initiatives.

 

2.      Requires the voter register to include a voter's date of birth rather than just the year of birth.

 


Amendments Adopted by Committee of the Whole

 

·        Prohibits the automatic disqualification of election documents challenged if the documents do not contain the actual residence address or description of place of residence.

 

Amendments Adopted by House of Representatives

 

·        Removes the prohibition of automatic disqualification of election documents challenged if the documents did not contain the actual residence address or description of place of residence.

 

Amendments Adopted by Conference Committee

 

·        Establishes a two-year study committee to review voter registration and mail addresses.

 

Senate Action                                                               House Action

 

GOV                3/15/02            DPA    4-1-1-0                        JUD                 4/22/02        DPA    8-2-0-0

3rd Read           3/27/02                        25-5-0-0          3rd Read           4/29/02                    52-4-4-0

Final Read        5/21/02                        26-1-3-0          Final Read        5/21/02                    46-1-13-0

 

Signed by Governor 5/30/02

Chapter 322

 

 

Prepared by Senate Staff

June 4, 2002