Arizona SB 1195: ballot delivery; collection

Bill Text

SB1195 - 571R - I Ver 

 REFERENCE TITLE: ballot delivery; collection

 State of Arizona

 Senate

 Fifty-seventh Legislature

 First Regular Session

 2025

 SB 1195

 Introduced by 

 Senators 
 Ortiz: Alston, Bravo, Gabald�n, Kuby, Sundareshan;� Representatives Garcia, 
 Sandoval

AN 
ACT

amending sections 16-513, 16-547 
and 16-1005, Arizona Revised Statutes; relating to ballot collection.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 16-513, Arizona Revised 
Statutes, is amended to read:

START_STATUTE16-513. Instructions for voters and election officers; overvote notice

A. The board of supervisors shall prepare 
instructions for the guidance of voters and election officers at the election, 
according to which the election shall be conducted and which shall govern the 
voters and election officers as provided in the secretary of state's 
instructions and procedures manual.� The board of supervisors shall furnish to 
the inspector in each election precinct at least two instruction cards, at the time and in the same manner as the printed 
ballots are furnished.

B. If the voting equipment used for the election 
provides for the rejection of overvoted ballots or ballots that contain other 
irregularities, the board of supervisors shall provide for a written notice 
advising the voter that if the voter chooses to override the overvoted office 
or measure or override any other ballot irregularity, the voter's vote for that 
office or measure will not be tallied.� The notice shall be posted on or near 
the voting equipment so that the voter has a clear view of the notice. 

C. The instructions prescribed by 
subsection A of this section shall also include the following information 
regarding section 16-1005, subsections H and I in substantially the 
following form: 

A person may only handle or return their own 
ballot or the ballot of family members, household members or persons for whom 
they are a caregiver. It is unlawful under section 16-1005 to handle or 
return the ballot of any other person. END_STATUTE

Sec. 2. Section 16-547, Arizona Revised 
Statutes, is amended to read:

START_STATUTE16-547. Mail affidavit; form

A. The early ballot shall be accompanied by an 
envelope bearing on the front the name, official title and post office address 
of the recorder or other officer in charge of elections and on the other side a 
printed affidavit in substantially the following form:

I declare the following under penalty of 
perjury: I am a registered voter in ___________ county Arizona, I 
have not voted and will not vote in this election in any other county or state, 
I understand that knowingly voting more than once in any election is a class 5 
felony and I voted the enclosed ballot and signed this mail affidavit 
personally unless noted below.

If the voter was assisted by another person in marking the 
ballot, complete the following:

I declare the following under penalty of 
perjury: At the registered voter's request I assisted the voter 
identified in this mail affidavit with marking the 
voter's ballot, I marked the ballot as directly instructed by the voter, I 
provided the assistance because the voter was physically unable to mark the 
ballot solely due to illness, injury or physical limitation and I understand 
that there is no power of attorney for voting and that the voter must be able 
to make the voter's selection even if the voter cannot physically mark the 
ballot.

Name of voter assistant: _____________________________

Address of voter assistant: __________________________

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 the 
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 (P.L. 99-410; 52 United States Code section 20301).� 
Otherwise, the envelopes shall be the same as those used to send ballots to, or 
receive ballots from, other early voters.

C. The officer charged by law with the duty of 
preparing ballots at any election shall ensure that the early ballot is sent in 
an envelope that states substantially the following:

If the addressee does not reside at 
this address, mark the unopened envelope "return to sender" and 
deposit it in the United States mail.

D. The county recorder or other officer in charge of 
elections shall supply printed instructions to early voters that direct them to 
sign the mail affidavit, mark the ballot and return both 
in the enclosed self-addressed envelope that complies with section 16-545, 
and: 

1. Through 2025, the instructions shall include the 
following statement:

In order to be valid and counted, the ballot and mail 
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 
cou