Bill Number: S.B. 1819
Borrelli
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Requires any vendor
that provides fraud countermeasures that are contained in or on the paper used
for ballots to be ISO 27001 certified, ISO 17025 certified or ISO 9001:2015
certified.
2. Requires ballot fraud
countermeasures to include the use of at least three of the following:
a) unique,
controlled-supply watermarked clearing bank specification 1 security paper;
b) secure holographic foil
that acts as a visual deterrent and anti-copy feature;
c) branded overprint of
any hologram that personalizes the hologram with customer logo;
d) custom complex security
background designs with banknote-level security;
e) secure variable digital
infill;
f) thermochromic,
tri-thermochromic, photochromic or optically variable inks;
g) stealth numbering in
ultraviolet, infrared or taggant inks;
h) multicolored
micro-numismatic invisible ultraviolet designs;
i) unique forensic fraud
detection technology that is built into security inks; or
j)
unique
bar code or QR code that is accessible only to the voter and that tracks the
voter's ballot as it is processed.
3. Establishes the
Election Integrity Fund consisting of legislative appropriations and
administered by the State Treasurer.
4. Appropriates
$12,000,000 from the state GF in FY 2022 to the Election Integrity Fund and
exempts the appropriation from lapsing.
5. Allows monies in the
Election Integrity Fund to be used only to pay county recorders for election
security, cybersecurity measures and improvements and reimbursements for
post-election hand tabulations, including for additional staffing.
6. Requires county
recorders to apply for Election Integrity Fund monies and requires the State
Treasurer to make payments from the Fund if the county applications are
reviewed and approved by the State Treasurer.
7. Establishes the Joint
Task Force on Unreported In-Kind Political Contributions (Joint Task Force)
consisting of designees from the Attorney General (AG) and SOS.
8. Requires the Joint Task
Force to investigate whether and to what extent the business or other practices
of social media platforms and internet search engines result in unreported
in-kind political contributions to candidates in Arizona that violate Arizona
campaign finance laws.
9. Allows the Joint Task
Force to take appropriate enforcement action and investigate the following
actions as possible unlawful political contributions:
a) permanent or temporary
cancellation or other restrictions on a candidate's access to a social media
platform;
b) algorithmic bias
against one or more candidates or a political party; and
c)
algorithmic
promotion of one or more candidates or a political party.
10. Establishes the
Unreported In-Kind Political Contributions Task Force Fund consisting of
legislative appropriations and administered by the AG.
11. Appropriates $500,000
from the state GF in FY 2022 to the Unreported In-Kind Political Contributions
Task Force Fund.
12. Allows monies in the
Unreported In-Kind Political Contributions Task Force Fund to be used only to
fund the Joint Task Force.
13. Specifies monies in the
Unreported In-Kind Political Contributions Task Force Fund are continuously
appropriated and exempt from lapsing.
14. Exempts Election
Integrity Fund monies from lapsing.
15. Requires the Auditor
General (OAG) to review the processes and statutory requirements for
maintaining the statewide voter registration database, county early voting
lists and the county voter registration databases for counties with a
population of more than 1,000,000 persons.
16. Requires the Secretary
of State and county recorders to:
a) notify the OAG in
writing of the total expenditures made for voter registration programs and
events;
b) provide a description
of the programs and events, including any political party affiliation; and
c) specify their
attendance at programs, events and outreach activities and whether they used
any third-party data in conducting these programs, events and activities.
17. Requires the OAG to
submit a report of its findings to the Legislature by June 30 of each
even-numbered year and submit a copy of the report to the SOS.
18. Appropriates $500,000
from the state GF in FY 2022 to the OAG for the purposes of the voter
registration database and early voting list review and reporting and exempts
the appropriation from lapsing.
19. Requires the SOS and
each county recorder to post a list on their website of each event that the
office of the SOS or county recorder attends and provides voter registration
services.
20. Requires each event to
be posted on the public website within 24 hours of the SOS or county recorder's
attendance of the event.
Page 3,
between lines 33 and 34, insert:
"Sec. 3. Title
16, chapter 1, article 3, Arizona Revised Statutes, is amended by adding
section 16-132, to read:
START_STATUTE16-132. Voter
registration events; website posting
The
secretary of state and each county recorder shall post on their public website
a list of each event that the office of the secretary of state or the county
recorder attends and provides voter registration services. Each event shall be
posted on the public website within twenty-four hours after the
secretary's or recorder's attendance at the event. END_STATUTE
Sec. 4. Title
16, chapter 4, article 6, Arizona Revised Statutes, is amended by adding
section 16-504, to read:
START_STATUTE16-504. Antifraud
ballot paper; vendor certification; antifraud measures
Notwithstanding
any other statute, any vendor that provides fraud countermeasures that are
contained in and on the paper used for ballots shall be ISO 27001 certified,
ISO 17025 certified or ISO 9001:2015 certified. Ballot fraud countermeasures
shall include the use of at least three of the following:
1. Unique,
controlled-supply watermarked clearing bank specification 1 security paper.
2. Secure
holographic foil that acts as a visual deterrent and anti-copy feature.
3. Branded
overprint of any hologram that PERSONALIZES the hologram with customer logo.
4. Custom
COMPLEX security background DESIGNS with banknote-level security.
5. secure
variable digital infill.
6. Thermochromic,
tri-thermochromic, photochromic or optically variable inks.
7. Stealth
numbering in ultraviolet, infrared or taggant inks.
8. Multicolored
micro-numismatic invisible ultraviolet designs.
9. Unique
FORENSIC fraud detection technology that is built into security inks.
10. Unique
bar code or QR code that is accessible only to the voter and that tracks the
voter's ballot as it is processed. END_STATUTE
Sec. 5. Title
16, chapter 4, article 10, Arizona Revised Statutes, is amended by adding
section 16-604, to read:
START_STATUTE16-604. Election
integrity fund; purpose; exemption
A. The
election INTEGRITY fund is ESTABLISHED consisting of legislative
appropriations. The state treasurer shall administer the fund.
B. Monies
in the fund may be used only to pay county RECORDERS for election security,
cybersecurity measures and IMPROVEMENTS and REIMBURSEMENTS for postelection
hand tabulations, including for additional staffing.
C. County
recorders shall apply for monies from the fund and, on review and approval by
the state treasurer, the state treasurer shall make payments from the fund.
D. Monies
in the fund are exempt from the provisions of section 35-190 relating to
lapsing of appropriations."
END_STATUTE
Renumber to
conform
Page 24,
after line 45, insert:
"Sec. 17. Title
41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding
section 41-191.12, to read:
START_STATUTE41-191.12. Unreported
in-kind political contributions task force fund; joint task force on unreported
in-kind political contributions; exemption
A. The
unreported in-kind political contributions TASK FORCE fund is ESTABLISHED
consisting of legislative appropriations. The attorney general shall
administer the fund. Monies in the fund are continuously
appropriated. Monies in the fund may be used only to fund the joint task force
on unreported in-kind political CONTRIBUTIONS ESTABLISHED by this section.
B. The
joint task force on UNREPORTED in-kind political CONTRIBUTIONS is ESTABLISHED
consisting of designees of the attorney general and the secretary of state.
The joint task force shall investigate whether and to what extent the business
or other practices of social media platforms and internet search engines result
in unreported in-kind political CONTRIBUTIONS to candidates in this state in
violation of title 16, chapter 6 and may take enforcement action as
appropriate. the joint task force may investigate the following actions as
possible unlawful political CONTRIBUTIONS:
1. Permanent
or temporary cancellation or other restrictions on a candidate's access to a
social media platform.
2. Algorithmic
bias against one or more candidates or a political party.
3. Algorithmic
PROMOTION of one or more cANDIDATEs or a political party.
C. Monies
in the unreported in-kind POLITICAL CONTRIBUTIONS task force fund are exempt
from the provisions of section 35-190 relating to lapsing of
APPROPRIATIONS." END_STATUTE
Renumber to
conform
Page 28,
between lines 37 and 38, insert:
"Sec. 21. Section
41-1279.03, Arizona Revised Statutes, is amended to read:
START_STATUTE41-1279.03. Powers
and duties
A. The
auditor general shall:
1. Prepare
an audit plan for approval by the committee and report to the committee the
results of each audit and investigation and other reviews conducted by the
auditor general.
2. Conduct
or cause to be conducted at least biennial financial and compliance audits of
financial transactions and accounts kept by or for all state agencies subject
to the single audit act of 1984 (P.L. 98-502). The audits shall be
conducted in accordance with generally accepted governmental auditing standards
and accordingly shall include tests of the accounting records and other
auditing procedures as may be considered necessary in the circumstances. The
audits shall include the issuance of suitable reports as required by the single
audit act of 1984 (P.L. 98-502) so that the legislature, the federal
government and others will be informed as to the adequacy of financial
statements of the this state in
compliance with generally accepted governmental accounting principles and to
determine whether this state has complied with laws and regulations that may
have a material effect on the financial statements and on major federal
assistance programs.
3. Perform
procedural reviews for all state agencies at times determined by the auditor
general. These reviews may include evaluation of administrative and
accounting internal controls and reports on these reviews.
4. Perform
special research requests, special audits and related assignments as designated
by the committee and conduct performance audits, special audits, special
research requests and investigations of any state agency, whether created by
the constitution or otherwise, as may be requested by the committee.
5. Annually
on or before the fourth Monday of December, prepare a written report to the
governor and to the committee that contains a summary of activities for the
previous fiscal year.
6. In
the tenth year and in each fifth year thereafter in which a transportation
excise tax is in effect in a county as provided in section 42-6106 or 42-6107,
conduct a performance audit that:
(a) Reviews
past expenditures and future planned expenditures of the transportation excise
revenues and determines the impact of the expenditures in solving
transportation problems within the county and, for a transportation excise tax
in effect in a county as provided in section 42-6107, determines whether
the expenditures of the transportation excise revenues comply with section 28-6392,
subsection B.
(b) Reviews
projects completed to date and projects to be completed during the remaining
years in which a transportation excise tax is in effect. Within six months
after each review period, the auditor general shall present a report to the
speaker of the house of representatives and the president of the senate
detailing findings and making recommendations.
(c) Reviews,
determines, reports and makes recommendations to the speaker of the house of
representatives and the president of the senate whether the distribution of Arizona highway user revenues complies with title 28, chapter
18, article 2.
7. If
requested by the committee, conduct performance audits of counties and
incorporated cities and towns receiving Arizona highway
user revenue fund monies pursuant to title 28, chapter 18, article 2 to
determine whether the monies are being spent as provided in section 28-6533,
subsection B.
8. Perform
special audits designated pursuant to law if the auditor general determines
that there are adequate monies appropriated for the auditor general to complete
the audit. If the auditor general determines the appropriated monies
are inadequate, the auditor general shall notify the committee.
9. Establish
a schoolwide audit team in the office of the auditor general to conduct
performance audits and monitor school districts to determine the percentage of
every dollar spent in the classroom by the school district. Each
school district shall prominently post on its website home page a copy of its
profile pages that displays the percentage of every dollar spent in the
classroom by that school district from the most recent status report issued by
the auditor general pursuant to this paragraph. The performance
audits shall determine whether school districts that receive monies from the
Arizona English language learner fund established by section 15-756.04
and the statewide compensatory instruction fund established by section 15-756.11
comply with title 15, chapter 7, article 3.1. The auditor general
shall determine, through random selection, the school districts to be audited
each year, subject to review by the joint legislative audit
committee. A school district that is subject to an audit pursuant to
this paragraph shall notify the auditor general in writing whether the school
district agrees or disagrees with the findings and recommendations of the audit
and whether the school district will implement the findings and
recommendations, implement modifications to the findings and recommendations or
refuse to implement the findings and recommendations. The school
district shall submit to the auditor general a written status report on the
implementation of the audit findings and recommendations every six months for
two years after an audit conducted pursuant to this paragraph. The
auditor general shall review the school district's progress toward implementing
the findings and recommendations of the audit every six months after receipt of
the district's status report for two years. The auditor general may review a
school district's progress beyond this two-year period for
recommendations that have not yet been implemented by the school district. The
auditor general shall provide a status report of these reviews to the joint
legislative audit committee. The school district shall participate in any
hearing scheduled during this review period by the joint legislative audit
committee or by any other legislative committee designated by the joint
legislative audit committee.
10. Notwithstanding
any other law, review the processes and statutory requirements for maintaining
the statewide voter registration database, county early voting lists and the
county voter registration databases for counties with a population of more than
one million persons. THE SECRETARY OF STATE AND THE COUNTY RECORDERS SHALL
NOTIFY THE AUDITOR GENERAL IN WRITING OF THE TOTAL EXPENDITURES MADE FOR VOTER
REGISTRATION PROGRAMS AND EVENTS AND SHALL PROVIDE A DESCRIPTION OF THOSE
PROGRAMS AND EVENTS, INCLUDING ANY POLITICAL PARTY AFFILIATION. THE SECRETARY
OF STATE AND THE COUNTY RECORDERS ALSO SHALL SPECIFY THEIR ATTENDANCE AT THESE
PROGRAMS, EVENTS AND OUTREACH ACTIVITIES AND WHETHER THEY USED ANY THIRD-PARTY
DATA IN CONDUCTING THESE PROGRAMS, EVENTS AND ACTIVITIES. On or before June 30
each even-numbered year, the auditor general shall submit a report on its
findings to the president of the senate and the speaker of the house of
representatives and shall submit a copy of the report to the secretary of
state.
10. 11. Annually review per
diem compensation and reimbursement of expenses for employees of this state and
members of a state board, commission, council or advisory committee by
judgmentally selecting samples and evaluating the propriety of per diem
compensation and expense reimbursements.
B. The
auditor general may:
1. Subject
to approval by the committee, adopt rules necessary to administer the duties of
the office.
2. Hire
consultants to conduct the studies required by subsection A, paragraphs 6 and 7
of this section.
C. If
approved by the committee, the auditor general may charge a reasonable fee for
the cost of performing audits or providing accounting services for auditing
federal funds, special audits or special services requested by political
subdivisions of this state. Monies collected pursuant to this
subsection shall be deposited in the audit services revolving fund.
D. The
department of transportation, the board of supervisors of a county that has
approved a county transportation excise tax as provided in section 42-6106
or 42-6107 and the governing bodies of counties, cities and towns
receiving Arizona highway user revenue fund monies shall
cooperate with and provide necessary information to the auditor general or the
auditor general's consultant.
E. The
department of transportation shall reimburse the auditor general as follows,
and the auditor general shall deposit the reimbursed monies in the audit
services revolving fund:
1. For
the cost of conducting the studies or hiring a consultant to conduct the
studies required by subsection A, paragraph 6, subdivisions (a) and (b) of this
section, from monies collected pursuant to a county transportation excise tax
levied pursuant to section 42-6106 or 42-6107.
2. For
the cost of conducting the studies or hiring a consultant pursuant to
subsection A, paragraph 6, subdivision (c) and paragraph 7 of this section,
from the Arizona highway user revenue fund." END_STATUTE
Renumber to
conform
Page 43,
between lines 41 and 42, insert:
"Sec. 40. Appropriation; election integrity fund; exemption
A. The
sum of $12,000,000 is appropriated from the state general fund in fiscal year
2021-2022 to the election integrity fund established by section 16-604, Arizona
Revised Statutes, as added by this act.
B. The
appropriation made in subsection A of this section is exempt from the
provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of
appropriations.
Sec. 41. Appropriation;
unreported in-kind political contributions task force fund
The sum of
$500,000 is appropriated from the state general fund in fiscal year 2021-2022
to the unreported in-kind political contributions task force fund established
by section 41-191.12, Arizona Revised Statutes, as added by this act.
Sec. 42. Appropriation; auditor general; exemption
A. The
sum of $500,000 is appropriated from the state general fund in fiscal year
2021-2022 to the auditor general for the purposes prescribed by section
41-1279.03, subsection A, paragraph 10, Arizona Revised Statutes, as added by
this act.
B. The
appropriation made in subsection A of this section is exempt from the
provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of
appropriations."
Renumber to
conform
Amend title to conform