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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
hand counts; precincts; procedures manual
Purpose
Requires ballots in counties using voting centers to be separated and grouped by precinct for the purpose of a hand count audit. Asserts that state statute prevails in any conflict between statute and the elections instructions and procedures manual.
Background
The county officer in charge of elections must conduct a hand count audit for each countywide primary, special, general and presidential preference election. The hand count audit must be conducted pursuant to statute and in accordance with procedures established by the Secretary of State (SOS) in the Elections Procedures Manual (EPM). The hand count audit must be conducted on at least the greater of two percent of the precincts in the county or two precincts. The county political party chairman for each political party entitled to continued representation on the state ballot conducts the selection of precincts to be hand counted, which must be selected by lot without the use of a computer (A.R.S. § 16-602). The EPM stipulates that each vote center is considered a precinct or polling location in counties that use vote centers and requires the county officer in charge of elections to conduct a hand count audit on at least two percent of vote centers or two vote centers, whichever is greater (2019 E.P.M. page 215).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Asserts that state statute prevails if there is a provision of the elections instructions and procedures manual that conflicts with state statute.
2. Requires ballots in counties that use voting centers to be separated and grouped by precinct before the random selection of precincts occurs for a hand count audit.
3. Asserts that a voting center is not a precinct for the purpose of randomly selecting from a pool of precincts for a hand count audit.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 28, 2021
MH/gs