Protecting Residents’ Ballots
Ballot harvesting is the non-secure method of collecting early voters’ ballots during elections with the stated intent of dropping them off to election offices or polling places.
While it is generally a crime to collect voted early ballots from another person, there are exceptions for caregivers, family members, and household members. Ariz. Rev. Stat. § 16-1005(H). “Caregiver” means “a person who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home.” Ariz. Rev. Stat. § 16-1005(I)(2)(a).
This means that nursing home staff are always authorized to help residents return their early ballot, even when they are not authorized to help the voter mark their ballot. It is important to note that the resident must request assistance with returning their ballot. If the resident did not make a request for assistance with returning the ballot, then assistance cannot be provided.
Care facilities can help protect their residents by:
- Creating systems – which are carefully monitored – to protect the chain of custody of absentee ballots.
- Discussing with your staff how to protect absentee ballots from ballot harvesters and create systems to protect your residents’ ballots to ensure they securely get to election authorities.
- Protecting your staff members from outside groups that offer financial compensation for ballot harvesting.
A resident may request their local special election board to bring an early ballot to them and then return the ballot on their behalf. However, even if a special election board is utilized, the board is only authorized to bring the voter an early ballot and then return the ballot on the voter’s behalf, but not to mark the ballot on behalf of the voter (unless the voter is disabled as described above). Ariz. Rev. Stat. § 16-549(E).
It is important to note that any person who “knowingly collects voted or unvoted ballots and who does not turn those ballots in to an election official, the United States postal service or any other entity permitted by law to transmit post,” has committed a Class 5 felony. Ariz. Rev. Stat. §§ 16-1005(A), (F).
In 2022, an Arizona woman was sentenced to jail for ballot harvesting. https://www.theblaze.com/news/arizona-2020-election-voter-fraud-harvesting
The Arizona voting assistance legal guide can be requested (no cost) by emailing Laura.Williams@centerforvulnerablevoters.org. Additional training materials are available at www.centerforvulnerablevoters.org and the Center also provides in-person training upon request.
Disclaimer: This information is being provided for educational purposes and should not be construed as legal advice. You should always consult an attorney before taking action to ensure that recent changes in law have not altered your obligations.
