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(a) Within ninety-three (93) days before any city election not being conducted as vote by mail, an elector may make a request to the city clerk for an early ballot. The request shall include the name, the residence or temporary address and date of birth of the requester.
(b) If a request is made by a qualified and registered elector within twenty-seven (27) days before the election, the city clerk shall mail the ballot together with the affidavit postage prepaid to the elector within forty-eight (48) hours after receipt of the request. If an early ballot request is received on or before the thirty-first day before the election, the early ballot shall be distributed not earlier than the twenty-seventh day before the election and not later than the twenty-fourth day before the election.
(c) All requests must be received by 5:00 p.m. on the eleventh (11th) day before the election. If the request indicates that the elector desires a general election ballot as well as a primary election ballot, the city clerk shall honor the request, excluding Saturdays, Sundays, and other legal holidays.
(d) Upon specific request by a qualified elector, or where the city clerk deems hand delivery appropriate, the city clerk may, in lieu of mailing, authorize deputy city clerks to hand deliver the ballot, together with the affidavit, to the elector.
(e) Any qualified elector who is unable to go to the voting location because of confinement due to a continuing illness or physical disability, may request that the city clerk have a special election board personally deliver a ballot to the qualified elector at their place of confinement. Such requests must be made by 5:00 p.m. on the second (2nd) Friday before the election. This paragraph shall not be construed to limit the city clerk's powers regarding emergency voting under subsection (f) below.
(f) At the city clerk's discretion, a qualified elector may request to vote early, between 5:00 p.m. on the eleventh (11th) day before the election and 5:00 p.m. on the Monday preceding the election, as a result of an emergency. For purposes of this section, "emergency" means any unforeseen circumstances that would prevent the elector from voting.
(g) The city clerk may, in the city clerk's discretion, establish on site early voting locations. Any qualified elector who appears no later than 5:00 p.m. on the Friday before the election at an on-site early voting location shall be permitted to vote at the on site location.
(Ord. No. 11525, § 2, 2-21-18)
(a) A candidate, political committee or other organization may distribute early ballot request forms to voters. If the early ballot request forms include a printed address for return, the addressee shall be the city. Failure to use the city as the return addressee is punishable by a civil penalty of up to three (3) times the cost of the production and distribution of the request.
(b) All original and completed early ballot request forms that are received by a candidate, political committee or other organization shall be submitted to the city clerk within six (6) business days after receipt by a candidate, political committee or other organization or eleven (11) days before the election day, whichever is earlier.
(c) Any person, political committee or other organization that fails to submit a completed early ballot request form to the city clerk within the prescribed time is subject to a civil penalty of up to twenty-five dollars ($25) per day for each completed form withheld from submittal. Any person who knowingly fails to submit a completed early ballot request form before the submission deadline for the election immediately following the completion of the form is guilty of a class 6 felony.
(Ord. No. 11525, § 2, 2-21-18)
(a) The city clerk shall mail the early ballot and the envelope for its return postage prepaid to the address provided by the requesting elector within five (5) days after receipt of the printed ballots, except that early ballot mailings shall not begin more than twenty-seven (27) days before the election. If an early ballot request is received on or before the thirty-first (31st) day before the election, the early ballot shall be distributed not earlier than the twenty-seventh (27th) day before the election and not later than the twenty-fourth (24th) day before the election.
(b) If a request is made by the elector within twenty-seven (27) days before the election, the mailing of the early ballot must be made within forty-eight (48) hours after receipt of the request. Saturdays, Sundays and legal holidays are excluded from the computation of the forty-eight (48) hour period prescribed by this subsection.
(Ord. No. 11525, § 2, 2-21-18)
(a) The city clerk shall supply printed instructions to vote by mail and early voters in substantially the following form that direct them to:
(1) sign the affidavit
(2) mark the ballot
(3) place the ballot inside the signed affidavit
(4) return both in the enclosed tamper-evident, self-addressed envelope
(b) The instructions shall include the following statement:
"In order to be valid and counted, the ballot and the affidavit must be delivered to the city clerk or deposited at any voting location in the city no later than 7:00 p.m. on election day. WARNING - it is a felony to offer or receive any compensation for a ballot."
(c) Only the elector may be in possession of that elector's unvoted ballot.
(Ord. No. 11525, § 2, 2-21-18)
(a) Upon receipt of the affidavit containing a returned vote by mail or early ballot, the city clerk shall compare that signature with the signature on any of the following:
(1) A signature roster from a prior election which was prepared and certified as required by law.
(2) A verified vote by mail or early ballot affidavit from a prior election.
(3) Any other current form of reliable signature maintained as an official public record.
(b) At the sole discretion of the city clerk, in place of the procedures in subsection (a), contract with the Pima County Recorder to act as the agent to the city for comparing voter signatures.
(c) The city clerk shall then secure the affidavit unopened in the city clerk vault until delivery to the ballot board.
(Ord. No. 11525, § 2, 2-21-18)
Any elector who receives a vote by mail ballot may request a replacement ballot, subject always to verification by the city clerk that the elector has not already voted. The elector shall be permitted to vote as follows:
(a) The elector may request a replacement ballot from the city clerk; or
(b) The elector may vote in person at a voting location on election day.
(c) The recorder or other officer in charge of elections shall keep a record of each replacement ballot provided pursuant to this section.
(d) If an elector to whom a replacement ballot is issued votes more than once, only the first ballot received shall be counted.
(Ord. No. 11525, § 2, 2-21-18)
In a polling place election, a voter may vote a provisional ballot pursuant to A.R.S. § 16-584 or its successor provisions.
(a) At an on-site early voting location on or before the Friday preceding election day; or
(b) At the qualified elector's designated voting location on election day.
(Ord. No. 11525, § 2, 2-21-18)
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