Bill Text: AZ HB2268 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed
Bill Title: Election complaints; attorney general
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-03-02 - Senate read second time [HB2268 Detail]
Download: Arizona-2020-HB2268-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2268 |
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AN ACT
amending sections 16-142 and 16-1021, Arizona Revised Statutes; amending title 16, chapter 7, article 1, Arizona Revised Statutes, by adding section 16-1023; relating to elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-142, Arizona Revised Statutes, is amended to read:
16-142. Secretary of state; national voter registration act; uniformed and overseas citizens
A. The secretary of state or the secretary's designee is:
1. The chief state election officer who is responsible for coordination of state responsibilities under the national voter registration act of 1993 (P.L. 103‑31; 107 Stat. 77; 42 52 United States Code section 394 20509) and under the uniformed and overseas citizens absentee voting act (42 52 United States Code section 1973 20302).
2. Responsible for providing information on registration and absentee or early ballot procedures to absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in this state.
B. Not later than ninety days after the date of each regularly scheduled general election at which an election is held for federal office, the secretary of state shall submit a report to the election assistance commission established pursuant to the help America vote act of 2002 (P.L. 107‑252) that includes information on the number of ballots transmitted to absent uniformed services voters and overseas voters and the number of ballots returned and cast in the election. The secretary of state shall prepare the report in cooperation and in conjunction with the county recorders and county officers in charge of elections. The report shall be made available to the public.
C. The secretary of state shall provide for a toll free toll-free telephone number for the use of the public to report incidents of voter fraud request information regarding elections, voting, polling place locations and other election procedures. If the secretary of state receives reports or allegations of voter fraud, election interference or other unlawful activity relating to voting, the secretary of state shall transfer those calls to the toll-free telephone number operated by the attorney general pursuant to section 16-1023. To the extent permitted allowed by federal law, the secretary of state may use monies received from the United States government pursuant to the help America vote act of 2002 (P.L. 107‑252) to establish, staff and maintain the toll free toll‑free telephone number and may also use those monies to defray the costs of any investigations arising from any reports received on the toll free toll-free telephone number.
Sec. 2. Section 16-1021, Arizona Revised Statutes, is amended to read:
16-1021. Enforcement by attorney general and county, city or town attorney
In any election for federal or state office, members of the legislature, justices of the supreme court, judges of the court of appeals or statewide initiative or referendum the attorney general may enforce the provisions of this title through civil and criminal actions. In any election for county, city or town office, community college district governing board, judge or a county, city or town initiative or referendum, the appropriate county, city or town attorney may enforce the provisions of this title through civil and criminal actions. In any special district election, the county attorney of any county in which the district or a portion of the district is located or the attorney general may enforce the laws governing such election. For violations of this title that do not arise out of an election, the attorney general or the appropriate county, city or town attorney may ENFORCE these provisions through civil and criminal actions.
Sec. 3. Title 16, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 16-1023, to read:
16-1023. Election irregularities; voter fraud hotline; complaint; report; forms; polling place access
A. A person who has reason to believe that a violation of this title or an election irregularity has occurred in this state or that an unlawful act has occurred in the course of conducting an election in this state may submit a complaint to the attorney general that specifies the violation, the election irregularity or the event that constitutes the unlawful act. The complaint shall include the complainant's name, address and telephone number or email address or other method for contact. The attorney general shall provide for a toll‑free telephone number and an internet access point to receive these complaints.
B. the SECRETARY of state, the county board of supervisors, the county recorder, any other officers in charge of elections and ELECTION board workers shall promptly report known or suspected CRIMINAL violations of this title to the attorney general, except that alleged violations of chapter 6 of this title shall be reported, investigated and enforced as prescribed by that chapter.
C. The attorney general may make a preliminary determination as to whether further investigation of a complaint is warranted and, if warranted, may investigate the complaint or may refer the matter to the appropriate jurisdiction for investigation PURSUANT to section 16‑1021. Unless PROVIDING a copy of the COMPLAINT would JEOPARDIZE an ongoing INVESTIGATION, the attorney general shall provide a copy of the complaint on request to the president of the senate, the speaker of the house of representatives and the officer in charge of elections for the county in which the incident occurred. On completion of the investigation, the attorney general shall report to the president of the senate, the speaker of the house of representatives, the secretary of state, the county recorder and officer in charge of elections for the county in which the incident occurred and the public the results of the investigation, including any enforcement actions taken.
D. The attorney general shall provide a standardized form for complaints made pursuant to this section and shall make the form available to the public.
E. Within ninety days after each general election, the attorney general shall provide a summary report to the president of the senate and the speaker of the house of representatives with the number of complaints received during the year and the number of opened, closed and pending investigations and shall provide a copy of the report to the officer in charge of elections for each county in which a complaint arose.
F. Notwithstanding section 16-515 and after notifying the officer in charge of the election, a law enforcement officer or an employee of the attorney general's office may enter a polling place, voting center or counting center while it is in use and may speak to and meet with any person at the polling place, voting center or counting center to preserve order or to investigate a criminal complaint. Investigative ACTIVITY may not interfere with the lawful conduct of an election and may not interfere with or impede an elector's ability to vote.
