ARIZONA STATE SENATE
Forty-eighth Legislature, First Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1623
elections; manual audit revisions
Purpose
Changes election law with regard to ballot counting procedures and penalties for unlawful release of election information and interference with election results.
Background
Early Ballots
According to the Arizona Secretary of State Election Procedures Manual (Procedures Manual), for an early ballot to be counted as valid, the voter must complete and sign the affidavit, place the voted ballot in the envelope provided, securely seal the envelope, and deliver or mail the envelope to the appropriate county recorder or election officer or deposit it at any polling place within the county of residence no later than 7:00 p.m. on election day.
Statute provides that the county recorder or other officer in charge of elections (election officer) hold the early ballot envelopes and affidavits until delivery to the early election boards for processing as provided by the rules of the Secretary of State (A.R.S. §§ 16-550, 16-551). Once ballots are processed by the early ballot boards, they may be delivered periodically to the central counting place to be counted. The Procedures Manual specifies that no tallies may be released until all precincts have reported or one hour after the close of polls, whichever occurs first.
Tallying of Votes
The Procedures Manual specifies that all voting equipment must pass the logic and accuracy test prior to counting early ballots. The election officer receives the ballots and enters specified information into the voting ballot report log. Ballots are transported in a sealed container by two election officers to a receiving site or a central counting place that is inside a secured building. After ballots have been tabulated, write-in ballots are transferred and processed in a secure manner. The central counting board secures all processed ballots, count records and precinct reports and seals the ballots.
As soon as the polls are closed and the last ballot has been deposited in the ballot box, the election board or the tally board must immediately count the votes cast (A.R.S. § 16-601). All proceedings at the counting center are under the direction of the board of supervisors or election officer and may be observed by representatives of each political party and the public. If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the election officer may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots (A.R.S. § 16-621).
A recount of the vote is required when the canvass of returns in a primary or general election shows that the margin between the votes cast is less than a specific percentage or number of votes, depending on the office or measure in the election (A.R.S. § 16-661). If the ballots are originally tabulated on an electronic machine, the ballots must be recounted on an electronic machine (A.R.S. § 16-664).
Hand Counts
Statute provides that a hand count be conducted at the central counting center from at least two percent of the county precincts or two precincts, whichever is greater. Only ballots cast at the polling places and ballots from direct recording electronic machines are counted. Provisional ballots, conditional provisional ballots and write-in votes are not included in the hand count. One or more batches of early ballots are selected by the election officer for a post-election manual audit, randomly selecting a number equal to one percent of the total number of early ballots. The county chairman of a represented political party designates and provides the election board members to perform the hand count under the supervision of the county officer in charge of elections (A.R.S. § 16-602).
The fiscal impact associated with this legislation is undetermined. However, increased penalties for unlawful release of vote tallies and counterfeiting may increase incarceration.
Provisions
Early Ballots
1. Prohibits the tally of early ballots earlier than seven days before election day.
2. Creates a class 6 felony for any person who unlawfully releases information regarding early ballot vote tallies or any person who possesses an early ballot tally sheet or summary without authorization from the county recorder or election officer.
Hand Count Procedure
3. Requires, for the purposes of conducting a hand count for each countywide primary, general and presidential preference election, the precincts to be selected randomly from a pool consisting of every precinct in that county.
4. Removes the requirement that at least four contested races be hand counted. Requires the randomly selected precincts for each primary and general election to include up to five contested races.
5. Directs the county recorder or election officer to separate, by political party, the primary ballots to be hand counted.
6. Requires, without computer use, the selection by lot of the races to be hand counted from the following ballots:
a) one statewide ballot measure for a general election unless there are no measures on the ballot.
b) one contested statewide office race.
c) one contested federal office race, either U.S. Senator or U.S. House of Representatives; the candidates’ names may vary among the sampled precinct for a U.S. House of Representatives race.
d) one contested state House of Representatives race or state Senate race; the candidates’ names may vary among the sampled precincts.
e) additional contested races, until four races have been selected or until no additional contested federal, statewide or legislative races or ballot measures are available for selection if there are fewer than four contested races resulting from the statewide ballot measure, statewide office, federal office and statewide legislative office selections.
7. Specifies that no hand count be conducted for an election for that precinct that has no contested races.
8. Specifies, for the presidential preference election, a hand count of two percent of the designated polling places be selected by lot.
9. Decreases, from at least three to at least two, the number of board workers the county chairman designates for each precinct to be audited.
10. Specifies the designated board workers are to assist with the audit.
11. Specifies that any qualified elector from this state may be a board worker without regard to party designation.
12. Specifies that the required compensation provided to board workers does not include travel, meal or lodging expenses.
13. Removes the cancellation of a hand count and acceptance of the electronic tabulation as the official count if the board workers fail to appear and perform the hand count.
14. Requires the county recorder or election officer, with approval of at least two county party chairpersons in the county in which the shortfall occurs, to substitute additional individual electors from any political party from anywhere in the state if there are less than two persons available for each audited precinct from each recognized political party.
15. Requires the county party chairman to approve only those substitute electors who are provided by the county chairman’s political party.
16. Requires political parties to provide the county recorder or election officer the written names of those persons intending to participate in the hand count at the audited precincts by 5:00 p.m. on the Tuesday preceding the election.
17. Requires the county recorder or election officer to notify the parties of the shortage by 9:00 a.m. on the Wednesday preceding the election if the total number of board workers provided by all parties is less than four times the number of precincts to be audited.
18. Prohibits a hand count unless the political parties provide the county recorder or election officer, in writing, a sufficient number of persons by 5:00 p.m. on the Thursday preceding the election and a sufficient number of persons arrive to perform the hand count.
19. Allows the county recorder or election officer to prohibit persons from participating in the hand count if they are taking actions to disrupt the count or are unable to perform the duties as assigned.
20. Requires no more than 75 percent of the persons performing the hand count to be from the same political party.
21. Allows, if a political party is not represented by a designated chairperson within a county, the state chairperson for that political party or a person designated by the state chairperson to perform the actions required by the county chairperson.
22. Changes from county officer in charge of elections to chairmen or the chairmen’s designees as the person to randomly select one or more batches of early ballots that have been tabulated.
23. Requires all persons who are processing and counting ballots to be qualified electors.
Live Video Recording
24. Requires, for any statewide, county or legislative election, the county recorder or election officer to provide a live video recording (recording) of the custody of all ballots while the ballots are present in a tabulation room in the counting center.
25. Requires the recording to include date and time indicators and a link to the Secretary of State’s website.
26. Requires the Secretary of State to post links to the video coverage for viewing by the public.
27. Requires the county recorder or election officer to record the video coverage of the ballots at the counting center and retain those recordings as public record for at least as long as the challenge period for the general election.
28. Specifies that the county recorder or election officer is not liable if the live video feed is disrupted or disabled. Requires the county recorder or election officer to attempt to reinstate video coverage as soon as practicable.
29. Prohibits any disruption in video coverage from affecting or preventing the continued tabulation of ballots.
30. Specifies that the recording requirements are contingent on legislative appropriation.
Counterfeiting Election Returns
31. Increases, from a class 4 felony, to a class 3 felony a person who knowingly substitutes, forges or counterfeits returns of an election.
32. Creates a class 3 felony if a person knowingly substitutes, forges, counterfeits or tampers with ballot tabulations or totals or election results by electronic or computer means.
33. Exempts, for a person who knowingly substitutes, forges, counterfeits or tampers with ballot tabulations or totals or election results by electronic means or through computer or machine use or other device, the classification of a class 3 felony for:
a) the casting or tallying of ballots as provided by law.
b) the substitution or duplication of ballots that are not delivered.
c) the substitution or duplication of ballots that are delivered but are lost, destroyed or stolen.
d) the use of printed or written paper ballots if a voting machine becomes out of order and cannot be repaired or another machine promptly substituted.
e) a duplicate ballot if any ballot is damaged or defective so that it cannot be properly counted by the automatic tabulating equipment.
34. Prohibits the automatic restoration of the right to vote to a person who knowingly substitutes, forges, counterfeits, changes or manipulates ballot tabulations or totals or election results, including through electronic means.
Miscellaneous
35. Makes technical and conforming changes.
36. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies the types of contested races to be randomly selected for a hand count.
2. Restores requirements regarding designating board workers to conduct the hand count.
3. Removes the requirement of the county election officer to perform the hand count.
Amendments Adopted by Committee of the Whole
1. Requires, for any person convicted of one or more felonies, the automatic restoration of the right to vote upon completion of probation or discharge from imprisonment.
2. Specifies that a person must register to vote to be eligible to vote in any election.
3. Increases the number of contested races to be hand counted.
4. Specifies, for the hand count, the county recorder or election officer to separate the primary ballots by political party.
5. Specifies, without computer use, the selection by lot of ballot measures and contested races to be hand counted.
6. Specifies the ballot selection procedure for the presidential preference election.
7. Decreases the minimum number of board workers designated to assist with the audit.
8. Specifies that any qualified elector from this state may be a board worker without regard to party designation.
9. Specifies the procedures to designate additional electors to perform the hand count.
10. Specifies that the hand count will not proceed if the total number of board workers provided by all parties is less than four times the number of precincts to be audited.
11. Requires procedures for the live video recording of all state, county and legislative ballots.
12. Prohibits the automatic restoration of voting rights to a person who interferes with election results.
Amendments Adopted by House of Representatives
1. Removes, for any person convicted of one or more felonies, the automatic restoration of the right to vote upon completion of probation or discharge from imprisonment.
2. Expands to “recorder” a person who provides the authorization necessary for any person to possess an early ballot tally sheet or summary.
3. Removes the requirement that, if there is not a contested statewide race for statewide office, the county recorder or election officer select by lot the contested state House of Representatives race or the contested state Senate race.
4. Specifies that the precinct does not conduct a hand count if there are no contested races.
5. Specifies that the required compensation provided to board workers does not include travel, meal or lodging expenses.
6. Removes the discretion and requires the approval of at least two county party chairpersons in the county in which the shortfall occurs, of the county recorder or election officer to substitute additional individual electors from any political party from anywhere in the state if there are less than two persons available for each audited precinct from each recognized political party.
7. Requires the county party chairman to approve only those substitute electors who are provided by the county chairman’s political party.
8. Expands to “officer in charge of elections” the persons the political parties are required to provide the written names of those persons intending to participate in the hand count at the audited precincts.
9. Changes the day when the political parties must provide the recorder the written names of those persons intending to participate in the hand count.
10. Removes the prohibition of a hand count if the total number of board workers provided by all the parties is less than four times the number of precincts to be audited.
11. Requires, if the total number of hand counting board workers provided by all the parties is less than four times the number of precincts to be audited, the county recorder or election officer to notify the parties of the shortage.
12. Prohibits a hand count unless the political parties provide the county recorder or election officer, in writing, a sufficient number of persons and a sufficient number of persons arrive to perform the hand count.
13. Allows the county recorder or election officer to prohibit persons from participating in the hand count if they are taking actions to disrupt the count or are unable to perform the duties as assigned.
14. Requires, for the hand count to proceed, no more than 75 percent of the persons performing the hand count to be from the same political party.
15. Allows, if a political party is not represented by a designated chairperson within a county, the state chairperson for that political party or a person designated by the state chairperson to perform the actions required by the county chairperson.
16. Changes, from the chairmen or chairmen’s designees, to the county recorder or election officer, the person required to sequester the tabulated early ballots that have been randomly selected.
17. Specifies procedures for live video recording of ballot tabulation.
18. Replaces an action on ballot tabulations, totals or election results that subjects a person to a class 3 felony.
19. Exempts, for a person who knowingly substitutes, forges, counterfeits or tampers with ballot tabulations, totals or election results, the classification of a class 3 felony in specific circumstances.
Senate Action House Action
JUD 2/12/07 DPA 5-0-2-0 GOV 3/27/07 DPA 4-0-5-1
3rd Read 3/8/07 16-12-2-0 3rd Read 6/20/07 45-13-2-0
Final Read 6/20/07 22-0-8-0
Signed by the Governor 7/2/07
Chapter 295
Prepared by Senate Research
July 10, 2007
CEW/jas