When there is a question about state law interpretation, it goes to the courts, which is what happened in this case. The courts determined that the current use of drop boxes didn't violate state law.
State law doesn’t say much about drop boxes. It says that all ballots must be delivered to the county recorder but doesn’t specify how. Another section makes it illegal to create a ballot drop-off site other than those “established and staffed by election officials.”
Some, such as the Arizona Free Enterprise Club, read that language as mandating that drop boxes be continuously monitored.
But the governor’s office has a different opinion. Unstaffed drop boxes have been in use since at least 2008. Neither election officials nor any court have ever interpreted that language to mean that continuous monitoring is required, said Bo Dul, the governor’s general counsel.
The word “staffed,” in that line, Dul said, does not mean continuously monitored. Instead, she said, it means that the drop box is operated by election officials under all of the protocols required by state law, such as security measures.
Ballot drop boxes are popular in Arizona elections. But a new Elections Procedures Manual from Secretary of State Adrian Fontes doesn’t clarify if they have to be staffed.
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