|
REFERENCE TITLE: polling places; electioneering prohibited |
|
State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
|
|
SB 1203 |
|
|
|
Introduced by Senators Harper: Huppenthal
|
AN ACT
amending section 16-411, Arizona Revised Statutes; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-411, Arizona Revised Statutes, is amended to read:
16-411. Designation of election precincts and polling places; electioneering
A. The board of supervisors of each county shall, on or before December 1 of each year preceding the year of a general election, by an order, shall establish a convenient number of election precincts in the county and define the boundaries thereof of the precincts. Such election precinct boundaries shall be so established as included within election districts prescribed by law for elected officers of the state and its political subdivisions including community college district precincts, except those elected officers provided for in titles 30 and 48.
B. Not less than twenty days before a general or primary election, and at least ten days before a special election, the board shall designate one polling place within each precinct where the election shall be held. Upon a specific finding of the board, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for such precinct may be designated within an adjacent precinct. Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48. The officer in charge of elections may also split a precinct for administrative purposes. Any such polling places shall be listed in separate sections of the order or resolution.
C. If the board fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peace in the precinct shall, two days before the election, by an order, copies of which he the justice of the peace shall immediately post in three public places in the precinct, shall designate the place within the precinct for holding the election. If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election board of the precinct shall designate and give notice of the place within the precinct of holding the election. For any election in which there are no candidates for elected office appearing on the ballot, the board may consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply:
1. All affected voters are notified by mail of the change at least thirty‑three days before the election.
2. Notice of the change in polling places includes notice of the new voting location, notice of the hours for voting on election day and notice of the telephone number to call for voter assistance.
3. All affected voters receive information on early voting that includes the application used to request an early voting ballot.
D. The board is not required to designate a polling place for special district mail ballot elections held pursuant to article 8.1 of this chapter, but the board may designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the day of the election.
E. Except as provided in subsection F, a public school shall provide sufficient space for use as a polling place for any city, county or state election when requested by the officer in charge of elections.
F. The principal of the school may deny a request to provide space for use as a polling place for any city, county or state election if, within two weeks after a request has been made, he provides a written statement indicating a reason the election cannot be held in the school, including any of the following:
1. Space is not available at the school.
2. The safety or welfare of the children would be jeopardized.
G. The board shall make available to the public as a public record a list of the polling places for all precincts in which the election is to be held including identification of polling place changes that were submitted to the United States department of justice for approval.
H. Except in the case of an emergency, any facility that is used as a polling place on election day shall allow electioneering and other political activity outside of the seventy‑five foot limit prescribed by section 16‑515 in public areas and parking lots used by voters.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.