ARIZONA

Secretary of state wants all-mail voting across Arizona for 2020 as coronavirus spreads

Andrew Oxford
Arizona Republic
Then-Secretary of State-elect Katie Hobbs speaks to reporters at the Arizona state Capitol on Nov. 19, 2018.

Arizona Secretary of State Katie Hobbs asked legislators to let counties run upcoming elections entirely by mail as officials grapple with the potential impact of the coronavirus.

Most Maricopa County voters already have chosen to get ballots by mail and school districts and cities can hold elections exclusively by mail.

But the prospect of an emergency like a public health crisis disrupting in-person balloting on Election Day during the primary in August or the general election in November has renewed calls for all-mail voting.

"We need to prepare now for any eventuality," Hobbs wrote in a letter to legislative leaders on Wednesday as lawmakers mull quickly passing a budget and breaking in the face of an ongoing pandemic.

"Before the Legislature adjourns, it is vital that we build more flexibility into the law — even if only on a temporary basis — to allow elections officials to adapt to the circumstances on the ground to best protect voters' health while also preserving the ability to exercise their right to vote."

Arizona pressed ahead with the Democratic Party's presidential primary election on Tuesday but the new coronavirus raised questions about whether to do so.

Several states canceled elections planned for the same day, including Ohio, which saw a flurry of last-minute litigation over the move.

On Friday, Maricopa County Recorder Adrian Fontes announced a last minute plan to mail ballots to every voter who had not yet received one or voted early in person. Hobbs cautioned Fontes that the plan might only confuse voters. Moreover, she said such a plan is not currently allowed under law. Attorney General Mark Brnovich got a restraining order to stop the plan and Fontes dropped the idea.

Hobbs noted there is already legislation introduced this session to deal with the issue.

Senate Bill 1077, sponsored by Sen. Sean Bowie, D-Phoenix, would give counties the choice of holding elections by mail if approved by the local board of supervisors and if more than 60% of voters in the county have already signed up to receive ballots by mail.

Decision needed soon to make change

Counties have backed proposals for years to let counties choose all-mail elections. They likely still would operate centers where voters could drop off ballots in person or replace ruined ballots.

"If there are going to be continued health concerns with some big elections coming up, we need as many tools as should be in the tool box to deal with that," said Jennifer Marson, executive director of the Arizona Association of Counties.

Marson warned that if counties need the option of running an election by mail, they need to know soon.

"The decision to go to an all mail-in election is not something that can wait until two weeks before the election," she said.

Voting rights groups have raised concerns about moving to all-mail elections, however, noting that many people living in rural areas and on reservations do not have easy or reliable access to the mail and that translators can be key in communities using languages other than English.

“While the COVID-19 pandemic may lead to a rushed decision on this matter, without proper consideration of Native American communities, these efforts can lead to unnecessary and increased barriers to voting," the groups All Voting is Local and the Arizona Advocacy Network said in a statement Tuesday.

Hobbs said it is important to include tribes in discussions about any such moves.

But the bill has not received a hearing this session and there is bound to be plenty of opposition in the Republican-controlled Legislature.

GOP senator: Idea 'bad public policy'

Opponents argue that voting by mail is an option but should not be the default means of voting.

"Sending ballots to people who have not requested to receive their ballot by mail is bad public policy," Sen. Michelle Ugenti-Rita, R-Scottsdale, said on Twitter as the Arizona Association of Counties renewed calls for expanding mail voting.

Moreover, Republicans who support adjourning quickly in the face of the coronavirus pandemic say they would prefer to take on what they view as non-controversial legislation that must be passed now.

"I think there's a lot of appetite on the other side to take advantage of a crisis and do things they've been trying to get done for a very long time," Rep. T.J. Shope, R-Coolidge, said when asked about a series of policies Democratic lawmakers have proposed as a way of addressing the current health crisis.

The House and Senate set to work on a basic $11.8 billion budget on Wednesday.

"It is my plan that after we get done with these bills that we vacate this building," said Speaker Rusty Bowers, R-Mesa.

Contact Andrew Oxford at andrew.oxford@arizonarepublic.com or on Twitter at @andrewboxford.