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LWVAZ 2023 Legislative Wrap: Analysis and Explanation

Published on 9/5/2023


This year’s legislative session was the longest in Arizona’s history by over a month;  the previous record was 173 days in 1988. Laws will go into effect on Oct. 30, 90 days after sine die. Bills with emergency provisions went into effect upon signing.

The state advocacy issue teams prepared an overview of the bills they actively followed and analyzed.  We did not include bills they monitored or for which we had a neutral position. For ease of reading, each bill's key provision(s) are highlighted in the first sentence of each description.  

By the numbers:
The state advocacy  issue teams identified  299  bills of interest during the session
Of these bills, 103  did not move beyond the Introduced/ assigned phase
Of the balance, 162 were reviewed and analyzed by issue team members
We provided in-person and/or written testimony on bills in approximately 60 hearings  


Voting Rights - League Supported/ Governor Signed


SB1273 Sen. Bennett, R - early ballot delivery; instruction requirements
Requires official instructions to communicate that family members, caregivers, and roommates of a voter are legally allowed to drop off that voter’s early ballot. This informs the voter of their options to return a ballot. It also sends a message to those who engage in voter intimidation–a person dropping two envelopes off is not a crime.


Voting Rights - League Opposed/ Governor Vetoed


HB2305 Rep. McGarr, R - ballots; signature verification; observers
Allows political observers from both parties to monitor each stage of the signature verification process for early, provisional, and conditional provisional ballots.  Independents are not included as observers, yet are approximately 30% of registered voters in Arizona. Observers are allowed to contest signatures (with no formal training).   Election officials, staff, and volunteers have recently received threats while performing these jobs.  This bill furthers the disincentive to serve as an election worker by classifying a violation of the requirements relating to signature verification observation and documentation as a class 5 felony. This is onerous and unnecessarily punitive to the people tasked with supporting our democracy.  

HB2319 Rep. Kolodin, R - elections; rule of construction
Requires aggressive interpretation of election laws to provide “transparency” and rejects court opinion precedents.  This bill is trying to usurp the power of the courts and the executive branch. It would drive further extreme lawsuits, such as the recent attempts to eliminate all ballot boxes, declare mail balloting unconstitutional, or allow ballot box monitoring by armed groups.  Aggressive interpretation based on an ill-defined term, “transparency,” should not be used to disenfranchise voters or override valid legal interpretations by a court of law.

HB2415 Rep. Biasiucci, R - active early voting lists; removal
Removes voters from the Active Early Voting List (AEVL) after failure to return mail ballots during one election cycle.  This bill will remove even more people from the Early Voting List. Our legislators are out of touch with what voters want.   Shifting rules make the system less clear and transparent.

HB2477 Rep. Montenegro, R - electoral college; support
Reaffirms the importance of the Electoral College. Currently, the Electoral College allows the election to be decided by a handful of voters in swing states, reducing political equality.  The League supports abolishing the Electoral College and changing to a direct popular vote method of electing the President. We strongly affirm the principle of one person, one vote. The President serves all and should be elected in a way that reflects this.

HB2560 Rep. Toma, R - images; voter lists; records; contest
Permits the publication of personal voting data before and after an election. Examples include a list of registered voters 10 days before the election and after the election (not later than 48 hours after county canvass), including all persons who voted, all ballot images, and the cast vote record.  Without proper guardrails, this bill endangers voter privacy and could allow election deniers to continue to push fraudulent election claims and spurious lawsuits.

HB2613 Rep. Montenegro, R - voting equipment; requirements; origin
Prohibits certification of any vote tabulating machines purchased after Jan 1, 2028, that are not 100% US parts and US assembly.  The LWV is a strong advocate for voting systems that are secure and accurate.  Although using foreign-sourced components is common in many industries (for example, car parts, appliances, and other common devices), these parts do not necessarily jeopardize security.

HB2722 Rep. Griffin, R - elections; option; full hand count
Changes AZ law to allow counties to hand count all ballots. Hand counting has repeatedly been proven to be more error-prone and take longer than machine tabulation. This is a dangerous change to our election system. Finding enough staff or volunteers to complete such a count will be challenging and costly.

SB1011 Sen. Kavanagh, R - municipalities; partisan elections
Allows for partisan city or town elections, with candidates declaring a partisan affiliation on the ballot.  Elections may be run with or without the party affiliation listed.  Party affiliation provides some information to voters but also increases the impact of partisan politics in local elections. It might even lead to party primary elections at the local level.  Nonpartisan municipal elections encourage candidates and voters to focus on issues of importance to the community.

SB1074, Sen. Borelli, R - NOW: tabulating equipment; standards, source code (striker)
Requires all components of Arizona’s voting system used for casting, recording, and tabulating ballots to be manufactured in the US. Ballot images must be published within 24 hours of the close of polls, and voting equipment source code must be open source and publicly available. These provisions will make it impossible for Arizona to use any automation in the election and force Arizona to hand count millions of ballots.

SB1095 Sen. Carroll, R - early ballot envelope; notice
Requires mail ballot envelope to state that failure to mail or deposit in a drop box by Friday before an election will result in delayed results. This warning may intimidate or confuse voters and deter them from turning in a mail ballot.  The right to turn in a mail ballot up to 7 PM on Election Day should be preserved without confusion.

SB1105 Sen. Carroll, R - early ballots, election day tabulation
 Requires polling locations that tabulate election day ballots on-site also to have on-site tabulation for early ballots in separate areas, adequate polls workers, officials, and equipment.  In the interest of saving some time to count mail ballots dropped at polls, this bill increases the need for additional election staff and adds confusion to the process.  Speed at the cost of more expense and confusion is not a good trade-off.

SB1135  Sen. Kavanagh, R - spoiled early ballots; election day
Eliminates emergency vote centers, forces those who try to drop mail ballots at the polls on election day to instead “spoil” the ballot and vote in person, and then removes them from the Automatic Early Voting List (AEVL). This could significantly increase the number of provisional ballots and potentially double lines at polls. The bill also prohibits  Arizona from being part of Electronic Voter Registration Information organizations such as ERIC. ERIC is a nonpartisan organization governed by member states that helps combat voter fraud by sharing data on voters who may be ineligible to vote: for example, people who have moved, died, may potentially be registered in two states, and ineligible for other reasons.   ERIC’s mission to maintain accurate voter rolls has been under attack by election deniers.

SB1175  Sen. Kavanagh, R - registrations; observers; counting procedures; verification
Allows the public posting of voter registration information, including party, address, and phone number, derived from precinct lists or voter registration forms.  This bill removes the previous prohibition on individuals obtaining and posting such information on the internet. We strongly oppose any legislation that violates the privacy of the voter.  As we saw in 2022, the availability of this information could lead to continued intimidation, escalating violence against innocent voters.  Voters should also be concerned about the use of verbal requests to purge someone from the Early Voting list without requiring supporting documentation for the request.  All voters would have to exercise increased diligence and check their early ballot status every election.

SB1213 Sen. Kern, R - NOW: legislative audit committee; procedures manual  (striker)
Removes the Secretary of State’s authority over the Elections Procedures Manual. It gives the authority to the Legislative Council, a partisan body comprised of members of the legislature who may lack the necessary expertise.  

SB1565  Sen. Carroll, R - ballot processing; electronic adjudication; limitation
Prohibits using artificial intelligence to process early ballots, verify or check voters' affidavits,  and electronic vote adjudication.  This bill also removes the ability of the SOS to test new election technologies before use that could improve, modernize, or reduce the cost of current election processes, regardless of whether or not the technologies use AI.

SB1595 Sen. Mesnard, R - early ballots; identification; tabulation
Requires voters who use mail ballots to mail their ballot in sufficient time to arrive by election day or drop it off at a secured location before 7 pm the Friday before election day.  Voters who drop off their ballots after 7 pm the Friday before election day must provide proper identification at the voting location.   Without proper identification, they will receive a provisional ballot.   This bill will cause confusion, disenfranchise elderly and disabled voters and those voters unable to travel to a voting center, and increase provisional ballots.  

SB1598 Sen. Mesnard, R - NOW: federal candidates; observers; elections (striker)
 Allows federal candidates to appoint observers in addition to their party’s designated observers, which could increase the number of observers from 2 or 3 to as many as 35 if all candidates are represented. Additionally, the presence of candidate representatives increases the risk of voter intimidation and interferes with the election inspector’s ability to perform their duties.


League Opposed - Legislative Referral to the 2024 Ballot
(Governor’s signature not required)


HCR2033 Rep. Smith, R - primary elections; eligible candidates  
Constitutional amendment that would preclude local jurisdictions from adopting different voting systems, such as ranked-choice voting.   Voters would have to choose one candidate from each political party to advance to the general election.

SCR1015 Sen. Mesnard, R initiative; referendum; signatures; legislative districts
Constitutional amendment requiring initiatives and referendums to be signed by 10% of voters for initiatives and 15% for constitutional amendments in EACH legislative district rather than the state as a whole.  This is an effort by the legislature to block the people’s initiative process, making it prohibitively expensive and difficult.  It would also give each district veto power over the 29 others.  This is an attempt to divide us and end direct democracy.


Criminal Justice - League Supported/ Governor Signed


HB2055 Rep. Bliss, R - probation; work time credits; reporting
Permits time off supervision term for people on probation with steady employment.  Probation officers have the discretion to allow remote supervision to accommodate scheduling conflicts, like work shifts. This bill incentivizes staying in the workforce and no longer having to choose between their work shift and a probation violation. It also supports saving personal resources like time, money, and gas to meet their probation officer that they would spend on meeting in person.  
 
SB1197 Sen. Gowan, R - juvenile offenders; monetary sanctions; repeal
Eliminates court-ordered fees for juveniles, except for victim restitution and specified driving under the influence (DUI) offenses. This provision prohibits the court from ordering a parent or guardian to pay the cost of any counseling, treatment, or education program ordered for a diversion program or while in the custody of the Arizona Department of Corrections. Juveniles will have easier access to re-entry without the burden of debt.   This bill is a win for the League and our partners, who have been pushing this bill for over 2 years.

SB1290 Sen. Kaiser, R - inmates; documentation; workforce reentry
Assists in a prisoner's discharge from ADCRR and requires ADCRR to assist in the issue of either a driver's license or a nonoperating identification license to the prisoner, if eligible. The bill also directs DOC to notify prisoners of their eligibility to apply for a license or certificate from a state agency that oversees occupational licenses or certifications. This bill’s passage will support returning community members in obtaining identification and assist those eligible for state licenses or credentials with a chance to regain their previous work credentialing requirement.
 
Criminal justice - League Opposed/ Governor Signed

HB2169 Rep. Nguyen, R - NOW: child sex doll; exploitation (striker)
Prohibits the possession, trafficking, or importation of a child sex doll and classifies a violation as a class 4 felony. This bill will cast a wide net for those with a child sex doll, whether they intended to use it or if somebody gave it to them. This bill includes incarcerating juveniles with a child sex doll and equating a sex doll to a child in prosecutions of child exploitation. This bill will increase incarceration for a victimless crime. NOTE: an emergency measure that went into effect immediately after the adjournment of the legislature.

HB2478 Rep. Payne, R. - aggravated assault; law enforcement employees
Subjects a person who assaults a law enforcement employee engaged in official duties, even those who are not peace officers, to charges of aggravated assault ranging from a class 5 to a class 2 felony.  The employee can be civilians working for a police department at a ballpark or directing traffic.  The law will increase incarceration and create barriers for BIPOC people who are overrepresented in assault charges.

SB1036 Sen. Kavanagh, R - setting aside conviction; certificate eligibility
Prohibits an individual who has previously received a certificate of a second chance on the set aside of a felony conviction from receiving any additional certificates. The current law allows individuals convicted of a criminal offense to apply to the court to have the judgment of guilt set aside. A conviction that has been set aside must not be redacted or removed from the individual’s record but must contain an annotation indicating that the offense has been set aside. This bill makes it harder for someone who has been a repeat offender to get administrative relief through a set-aside. The passage of this bill does not align with LWVAZ’s position on rehabilitation with the goal of promoting successful reentry into the community.

SB1077 Sen. Shope, R - jails; mental health; evaluations; treatment
Allows facilities exempt from licensure by the Arizona Department of Health Services (DHS) if accredited by either a national commission on correctional health care or an American correctional association to provide mental health services in prisons. Facilities that receive accreditation from the latter types of organizations are often supported by trade associations that are stakeholders in the expansion of private prisons. Historically the American Correctional Association, the largest and most recognized accreditor, has been scrutinized for controversial practices and relationships with corporations that supply private prisons.

Criminal Justice - League Opposed/ Governor Vetoed


HB2212 Rep. Griffin, R - criminal damage; trespassing; critical facilities
Classifies interfering with or preventing the performance of a normal function of any utility infrastructure or property or the intended course or path of any utility service as aggravated criminal damage.  The severity of sentencing would increase incarceration and penalties and disproportionately affect vulnerable communities.

HB2427 Rep. Gress, R - domestic violence; pregnant victim; sentencing
Classifies assault against a pregnant victim as aggravated assault, punishable as a class 3 felony. The charge applies if the person knows or has reason to know the victim is pregnant and circumstances exist that classify the offense as domestic violence. 

HB2469 Rep. Montenegro, R - fentanyl; border; public health crisis
Declares trafficking of fentanyl across Arizona's border as a public health crisis and that
overdose deaths involving synthetic opioids are primarily driven by illicitly manufactured fentanyl.
Bill does not require investment in harm reduction efforts, ensure that people have access to affordable, high-quality health care, combat stigmatization of mental and behavioral health conditions, or acknowledge the chronic underfunding of our health department and other government services.

HB2802 Rep. Gress, R - fentanyl sales; manufacture; sentencing; testing
Modifies sentencing for conviction of possession of a narcotic drug for sale, possession of the equipment or chemicals to manufacture, or transportation for sale of a narcotic drug if the offense involves a single unit dose that contains two or more milligrams of fentanyl. It also establishes and defines a drug-free neighborhood zone and adds more severe penalties and fines associated with violations of selling or transferring fentanyl in a zone. League opposes because the bill would increase the sentencing time for those accused of being associated with the transfer of fentanyl and narcotics and would criminalize substance use disorder.

SB1009 Sen. Kavanagh, R - criminal damage; monuments; memorials; statues
Provides that defacing a statue is a felony.  If enacted, his bill could have been used to intimidate lawfully protesting people. Existing laws are sufficient, and this crime does not warrant a felony charge.

SB1024 Sen. Kavanagh, R - public rights-of-way; unlawful acts
Prohibits a person from erecting or maintaining any full or partial enclosure for habitation,
including a tent, tarp, box, or similar object, in a public street, highway, alley, lane, parkway,
sidewalk, or other rights-of-way. 
It classifies this violation as a civil traffic violation.  This bill targets unsheltered people by making it illegal for a person to “remain in a sitting position” on a public sidewalk.

SB1027 Sen. Kern, R - carfentanil; fentanyl; threshold amount; minors
Creates harsher sentencing for those accused of transporting or assisting in the attempt to sell narcotic drugs. The amendment removes the threshold amount for having an intent to sell or aiding in the sale of narcotics. Manufacturing carfentanil, fentanyl, or mimetic substances under circumstances that cause physical injury to a minor under 15 would be a class 2 felony,  punishable as a dangerous crime against children. Individuals as young as 18 could be charged in the dangerous crime against children category with up to 5 years in prison if they sell or assist someone under 15 to obtain narcotics.  League opposition is based on the position that harsher sentencing does not reduce the sale of drugs and incarcerates vulnerable individuals caught in substance abuse. This bill would discourage others from calling for help when there is an overdose for fear of being sentenced due to the age of those in crisis.

SB1583 Sen Kern, R - internet sex offender website; offenses
Mandates that a level one sex offender who commits specified sexual offenses must register on the Internet sex offender website if the offender was sentenced for a dangerous crime against children (DCAC). Level one offenders are first-time non-repetitive, non-violent offenders and highly unlikely to have any other criminal background regardless of age. This bill would make it more difficult for these offenders to successfully re-integrate into society, find a stable place to live without being harassed or kicked out, find and hold a stable job, feed themselves, etc.

SB1588 Sen. Kavanagh, R - criminal justice data collection; system
Requires the Arizona Criminal Justice Commission Data Collection System (ACJC) to collect & publish certain identifying & location information of accused offenders and victims. If biographical data such as national origin, need for an interpreter, sexual orientation, etc., were to be published, it could fuel hate crimes and stigmatize communities of color.

Education - League Opposed/ Governor Signed


HB2460 Rep. Pingerelli, R - suspension; requirements; K-4 students
Allows schools to suspend K-4 students for a maximum of 2 days, not exceeding 10 days total for the school year, for violent behavior.   LWVAZ supports funding and resources for early intervention programs to help students with violent behaviors and keep them in school.

Education - League Opposed/ Governor Vetoed

HB2504 Rep. Parker B, R - STO scholarships; foster care students
Expands eligibility to include current and former foster children for School Tuition Organizations (STOs) and corporate low-income STO programs. However, STOs typically go to students who can afford tuition-based schools at much higher rates.

HB2539 Rep. Pingerelli, R - school choice; failing schools; notice
Establishes the Arizona School Choice Program to develop, implement and maintain a public awareness program to encourage parents to take their children out of public school and use vouchers to fund their private school education.  This shift would reduce funds for public schools.

SB1243  Sen. Mesnard, R - STOs; individual income tax credits
Increases the cap on tax credits and STOs. The bill's higher caps would allow taxpayers to increase their credit usage, reducing state General Fund revenues.

LWVAZ opposes tax credits and funding schemes that divert and distort the distribution of funds intended to ensure a quality education for all children in Arizona public schools.  Public funds should only be used for public schools. HB2504, HB2539 &  SB1243 continue to increase the amount of tax credits that are directly deposited to private and religious schools for scholarships. This practice reduces the money available for our public education system and negatively impacts its effectiveness.

SB1001 Sen. Kavanagh, R - pronouns; biological sex; school policies
Prevents school personnel from using a pronoun or a first/middle name other than that on the record, except for a nickname, without written permission from parents.

SB1040 Sen. Kavanagh, R - public schools; restrooms; reasonable accommodations
Requires public schools to provide access to a single-occupancy or employee restroom or changing facility to a person unwilling or unable to use a multi-occupancy restroom or changing facility. The bill would grant a private cause of action to a person who encounters a person of the opposite sex in specified areas.

LWVAZ believes every person should have access to free public education that provides equal opportunity for all without fear of discrimination.  SB1001 & SB1040 marginalize transgender children who are already at high risk for bullying, suicide, drug use, and depression, which could negatively impact their mental health.

SB1305 Sen. Mesnard, R - race; ethnicity; prohibited instruction
Prohibits instruction or speaking about race/ethnicity in a way that can be construed to make anyone feel that one race is being promoted above another or that one's race is racist/oppressive. The bill put limitations on educators teaching lessons that would appear to place blame or judgment on anyone based on race or ethnicity and hamper the accurate teaching of our nation’s history.  LWVAZ supports efforts to prevent discrimination in education and believes that a
culturally inclusive history curriculum should be part of a quality education included in the Arizona Civics & History standards.

SB1696 Sen. Hoffman, R - sexually explicit materials; government; prohibition
Prohibits an office, board, commission, or political subdivision, or their contractors, from exposing minors to sexually explicit materials and classifies a violation as a class 5 felony.  The sponsors' purpose is to prevent the filming of sexually explicit acts. This bill could be used to criminalize the use of sexually explicit materials in the classroom regardless of state standards. LWVAZ believes public schools should be allowed flexibility on teaching techniques and special subject focus. “Sexually explicit” materials in the classroom are already prohibited by law, with exemptions that allow parental permission for works of literature and classes that provide college credit.


Gun Safety - League Opposed/ Governor Vetoed


HB2332 Rep. Bliss, R - firearms training; safety; schools
Requires firearms training for public school students in grades 6-12 unless parents opted out or the student was a child with a disability.  GSIT opposed the bill for numerous reasons, including inconsistencies in its wording (e.g., how do you teach gun safety, the stated goal of the bill, without instruction on how firearms operate);  failure to address key questions around pedagogical approach,  research upon which they will be based, the methods used for vetting the program, and the role schools and educators will have in approving and implementing them and use of an NRA-sanctioned program that is not age-appropriate for middle and high schoolers and has been proven ineffective.

HB2394 Rep. Smith, R - firearms; sovereign authority
Exempts Arizona from following federal law if a tax is levied on firearms, accessories, or ammunition, making guns more affordable and accessible. The League’s opposition is based on our support for strong federal gun safety regulations and abundant and well-vetted research and statistics demonstrating that more guns mean more gun violence.  
 
HB2544 Rep. Diaz, R - Arizona manufactured; modified firearms
Broadens the current statute protecting firearms and ammunition manufactured in Arizona from federal regulation by extending this exemption to guns and ammunition modified in Arizona as long as they remain within the state. The League opposes the nullification of federal gun safety regulations. It supports regulations more stringent than those currently in place, including restrictions on modifications that turn regular firearms into assault weapons. 

HB2667 Rep. Jones, R - disruption; educational institution; concealed weapon
Prohibits colleges and universities from enacting or enforcing any rules to prevent anyone from carrying a hidden gun on campus as long as they have a concealed carry weapons (CCW) permit. Opposition is based on the extreme ease of obtaining a CCW permit and on research demonstrating that guns on campus increase the risk of gun violence.

SB1096 Sen. Carroll, R - firearms; contracts; prohibited practices
Prohibits public entities from entering into a contract with a value of $100,000 or more with a company that discriminates against firearm entities. The League opposed the bill due to its protection of even the most extreme firearm entities, its discrimination against companies engaged in ethical and sustainable business practices, and its exclusion of these companies from the bidding process, thereby limiting competition and opening the door to higher costs for Arizona taxpayers.

SB1109 Sen. Rogers, R - prohibited weapons; muffling device; repeal
Changes the law to remove muffling devices as prohibited weapons. League opposition was based on the affordability and availability of alternative and more efficient methods of ear protection for hunters and sports shooters, on the deleterious effect silencers have on the ability of law enforcement to locate and respond quickly to crimes involving gunfire, and on the greater likelihood that criminals using silencers will escape and perpetrate more gun violence.

SB1331 Sen. Shamp, R - schools; parents; firearm possession
Prohibits educational institutions from preventing parents and legal guardians of students from carrying weapons on campus if they have concealed weapon permits. Opposition was based on the extreme ease of obtaining a CCW permit and on research demonstrating that guns on campus increase the risk of gun violence.

SB1428, Sen. Wadsack, R - political subdivisions; gun shows; preemption
 Bans prohibitions against gun shows in political subdivisions and any rule or policy primarily affecting gun shows. The League opposed this bill due to its protection of unregulated gun sales and transfers at gun shows and its prohibition of safety protocols absent from gun shows, such as required background checks, safety training, and a waiting period for all gun purchases. 


Ranked Choice Voting - League Opposed/ Governor Vetoed

HB2552 Rep. Smith, R - voting; elections; tally; prohibition
SB1265  Sen. Kern, R - voting; elections; tally; prohibition.
Prohibits a voting method or nomination process that includes ranking candidates or allows candidates to be eliminated through multiple rounds of tabulation. This prohibition applies to all levels of government and therefore applies to all elections in the state. League opposition based on LWVAZ support for ranked choice voting. [Companion bills]


League Supported/ Governor Vetoed

The Governor did not veto any league-supported bills.