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Law

AZ House Bill 2308

Notary Law Update: AZ House Bill 2308

State: Arizona

Summary:
House Bill 2308 affects the legitimacy of elector signatures on recall petition sheets due to improper notarizations.

Signed:  May 05, 2021

Effective:  September 29, 2021

Chapter: 319

Affects:
Amends in pertinent part Section 19-208.01 of the Arizona Revised Statutes.

Changes:
  1. Provides that an election filing officer must, within 10 days after submission of a recall petition, remove those sheets (a) on which the circulator's affidavit is not notarized, (b) the Notary's signature is missing, (c) the Notary's commission has expired, (d) the Notary's seal is not affixed, or (e) the signatures of the circulator or Notary are dated earlier than the dates on which the electors signed the petition sheet.
Analysis:

House Bill 2308 is one of many bills reforming elections introduced and enacted in statehouses throughout the country this legislative session. While the bill doesn’t directly prescribe or prohibit activities of Notaries, it does highlight the care with which Notaries must handle recall petitions requiring notarization. As noted in “Changes,” above, an election filing officer now must disqualify sheets containing recall signatures that are improperly notarized. In particular, filing officers will be disqualifying those sheets without a Notary signature or seal and signatures of the circulator or Notary that are dated earlier than the dates on which electors signed the petition sheet. These errors and poor practices undoubtedly have plagued recall petitions in the past to the degree that they now must become part of the law. Notaries must understand that following proper procedure is extremely important in a matter affecting the voting rights of the Arizona population.

Read the bill text.

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