First Regular Session S.B. 1613
PROPOSED
SENATE AMENDMENTS TO S.B. 1613
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Title 16, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 16-174, to read:
16-174. Auditor general review; registration databases; report
BEGINNING ON APRIL 15 EACH YEAR, THE AUDITOR GENERAL SHALL AUDIT THE PROCESSES, EQUIPMENT AND SYSTEMS USED TO MAINTAIN COUNTY VOTER REGISTRATION DATABASES AND THE STATEWIDE VOTER REGISTRATION DATABASE. THE AUDITOR GENERAL SHALL CONDUCT THE AUDIT ON THE TWO COUNTIES WITH THE LARGEST VOTER REGISTRATION DATABASES AND MAY AUDIT AN ADDITIONAL COUNTY. NOT LATER THAN SEPTEMBER 30, 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.
Sec. 2. Section 16-311, Arizona Revised Statutes, is amended to read:
16-311. Nomination papers; statement of interest; filing; definitions
A. Any person desiring to become a candidate at a primary election for a political party and to have the person's name printed on the official ballot shall be a qualified elector of the party and, not less than one hundred twenty nor more than one hundred fifty days before the primary election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or description of place of residence and post office address, naming the party of which the person desires to become a candidate, stating the office and district or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section, and giving the date of the primary election and, if nominated, the date of the general election at which the person desires to become a candidate. Except for a candidate for United States senator or representative in Congress, a candidate for public office shall be a qualified elector at the time of filing and shall reside in the county, district or precinct that the person proposes to represent. A candidate for partisan public office shall be continuously registered with the political party of which the person desires to be a candidate beginning no later than the date of the first petition signature on the candidate's petition through the date of the general election at which the person is a candidate.
B. Any person desiring to become a candidate at any nonpartisan election and to have the person's name printed on the official ballot shall be at the time of filing a qualified elector of the county, city, town or district and, not less than one hundred twenty nor more than one hundred fifty days before the election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or description of place of residence and post office address, stating the office and county, city, town or district and ward or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section and giving the date of the election. A candidate for office shall reside at the time of filing in the county, city, town, district, ward or precinct that the person proposes to represent.
C. Notwithstanding subsection B of this section, any city or town may adopt by ordinance for its elections the time frame provided in subsection A of this section for filing nomination petitions. The ordinance shall be adopted not less than one hundred fifty days before the first election to which it applies.
D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A of this section a declaration, which shall be printed in a form prescribed by the secretary of state. The declaration shall include facts sufficient to show that, other than the residency requirement provided in subsection A of this section and the satisfaction of any monetary penalties, fines or judgments as prescribed in subsection J of this section, the candidate will be qualified at the time of election to hold the office the person seeks, and that for any monetary penalties, fines or judgments as prescribed in subsection J of this section, the candidate has made complete payment before the time of filing.
E. The nomination paper of a candidate for the office of United States senator or representative in Congress, for the office of presidential elector or for a state office, including a member of the legislature, or for any other office for which the electors of the entire state or a subdivision of the state greater than a county are entitled to vote, shall be filed with the secretary of state no later than 5:00 p.m. on the last date for filing.
F. The nomination paper of a candidate for superior court judge or for a county, district and precinct office for which the electors of a county or a subdivision of a county other than an incorporated city or town are entitled to vote shall be filed with the county elections officer no later than 5:00 p.m. on the last date for filing as prescribed by subsection A of this section. The nomination paper of a candidate for a city or town office shall be filed with the city or town clerk no later than 5:00 p.m. on the last date for filing. The nomination paper of a candidate for school district office shall be filed with the county school superintendent no later than 5:00 p.m. on the last date for filing.
G. The nomination paper shall include the exact manner in which the candidate desires to have the person's name printed on the official ballot and shall be limited to the candidate's surname and given name or names, an abbreviated version of such names or appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William" or "S." for "Samuel". Nicknames are permissible, but in no event shall nicknames, abbreviated versions or initials of given names suggest reference to professional, fraternal, religious or military titles. No other descriptive name or names shall be printed on the official ballot, except as provided in this section. Candidates' abbreviated names or nicknames may be printed within quotation marks. The candidate's surname shall be printed first, followed by the given name or names.
H. Not later than the date of the first petition signature on a nomination petition, a person who may be a candidate for office pursuant to this section shall file a statement of interest with the appropriate filing officer for that office. The statement of interest shall contain the name of the person, the political party, if any, and the name of the office that may be sought. Any nomination petition signatures collected before the date the statement of interest is filed are invalid and subject to challenge. This subsection does not apply to:
1. Candidates for elected office for special taxing districts that are established pursuant to title 48, chapters 2, 3, 11, 12, 15, 17, 18, 19, 20, 22, 27 and 32.
2. Candidates for precinct committeeman.
3. Candidates for president or vice president of the United States.
I. A person who does not file a timely nomination paper that complies with this section is not eligible to have the person's name printed on the official ballot for that office. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the person provides or has provided all of the following:
1. The financial disclosure statement as prescribed for candidates for that office.
2. The declaration of qualification and eligibility as prescribed in subsection D of this section.
J. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.
K. FOR LEGISLATIVE OFFICES, THE FILING OFFICER SHALL NOT ACCEPT THE NOMINATION PETITION OF A CANDIDATE IF THE CANDIDATE'S RESIDENCE AS SHOWN ON THE NOMINATION PETITION IS NOT LOCATED IN THE LEGISLATIVE DISTRICT FOR WHICH THE CANDIDATE SEEKS ELECTION.
K. L. For the purposes of this title:
1. "Election district" means the state, any county, city, town, precinct or other political subdivision or a special district that is not a political subdivision, that is authorized by statute to conduct an election and that is authorized or required to conduct its election in accordance with this title.
2. "Nomination paper" means the form filed with the appropriate office by a person wishing to declare the person's intent to become a candidate for a particular political office."
Renumber to conform
Page 1, after line 9, insert:
"Sec. 4. Section 16-442, Arizona Revised Statutes, is amended to read:
16-442. Committee approval; adoption of vote tabulating equipment; experimental use; emergency; legislative review; report
A. The secretary of state shall appoint a committee of three persons, to consist of a member of the engineering college at one of the universities, a member of the state bar of Arizona and one person familiar with voting processes in the state, no more than two of whom shall be of the same political party, and at least one of whom shall have at least five years of experience with and shall be able to render an opinion based on knowledge of, training in or education in electronic voting systems, procedures and security. The committee shall investigate and test the various types of vote recording or tabulating machines or devices that may be used under this article. The committee shall submit its recommendations to the secretary of state who shall make final adoption of the type or types, make or makes, model or models to be certified for use in this state. The committee shall serve without compensation.
B. Machines or devices used at any election for federal, state or county offices may only be certified for use in this state and may only be used in this state if they comply with the help America vote act of 2002 and if those machines or devices have been tested and approved by a laboratory that is accredited pursuant to the help America vote act of 2002.
C. After consultation with the committee prescribed by subsection A of this section, the secretary of state shall adopt standards that specify the criteria for loss of certification for equipment that was used at any election for federal, state or county offices and that was previously certified for use in this state. On loss of certification, machines or devices used at any election may not be used for any election for federal, state or county offices in this state unless recertified for use in this state.
D. The secretary of state may revoke the certification of any voting system or device for use in a federal, state or county election in this state or may prohibit for up to five years the purchase, lease or use of any voting system or device leased, installed or used by a person or firm in connection with a federal, state or county election in this state, or both, if either of the following occurs:
1. The person or firm installs, uses or permits the use of a voting system or device that is not certified for use or approved for experimental use in this state pursuant to this section.
2. The person or firm uses or includes hardware, firmware or software in a version that is not certified for use or approved for experimental use pursuant to this section in a certified voting system or device.
E. The governing body of a city or town or the board of directors of an agricultural improvement district may adopt for use in elections any kind of electronic voting system or vote tabulating device approved by the secretary of state, and thereupon the voting or marking device and vote tabulating equipment may be used at any or all elections for voting, recording and counting votes cast at an election.
F. The secretary of state or the governing body may provide for the experimental use of a voting system or device without a final adoption of the voting system or device, and its use at the election is as valid as if the machines had been permanently adopted.
G. After consultation with the committee prescribed by subsection A of this section, the secretary of state may approve for emergency use an upgrade or modification to a voting system or device that is certified for use in this state if the governing body establishes in an open meeting that the election cannot be conducted without the emergency certification. Any emergency certification shall be limited to no more than six months. At the conclusion of the certification period the voting system or device shall be decertified and unavailable for future use unless certified in accordance with this section.
H. BEGINNING IN 2021 AND EVERY TWO YEARS THEREAFTER, THE COMMITTEE PRESCRIBED BY SUBSECTION A OF THIS SECTION SHALL PROVIDE FOR A DETAILED REVIEW OF ELECTION EQUIPMENT SECURITY FOR COUNTIES WITH A POPULATION OF MORE THAN FIVE HUNDRED THOUSAND PERSONS AND SHALL FOCUS ON THE ACTUAL EQUIPMENT, SOFTWARE AND OTHER SYSTEMS USED IN THE MOST RECENT GENERAL ELECTION. THE DETAILED REVIEW SHALL BE CONDUCTED BY OR WITH THE ASSISTANCE OF AN ADDITIONAL PERSON WHO IS AN EXPERT IN ELECTION EQUIPMENT SECURITY. ON COMPLETION, THE DETAILED REVIEW SHALL BE PRESENTED TO THE STANDING COMMITTEES OF THE LEGISLATURE WITH JURISDICTION OVER ELECTION ISSUES AT A PUBLIC MEETING OF THE LEGISLATIVE COMMITTEES THAT IS HELD NOT LATER THAN AUGUST 1 FOLLOWING THE GENERAL ELECTION. A WRITTEN REPORT ON THE DETAILED REVIEW SHALL BE PROVIDED TO THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF STATE.
Sec. 5. Section 16-511, Arizona Revised Statutes, is amended to read:
16-511. Duty of board of supervisors to furnish election supplies to precinct officers
A. If paper signature rosters are used in a polling place, the necessary printed blanks for poll lists, lists of voters, ballots, oath and returns, together with envelopes in which to enclose the returns, shall be furnished by the board of supervisors to the officers of each election precinct at the expense of the county. For those elections over which the board of supervisors has no responsibility, the governing body of each election district is responsible for furnishing the necessary supplies for elections that it calls.
B. If electronic poll book systems are used in a precinct, the board of supervisors shall furnish at least two electronic poll book systems for each polling place, each of which shall be capable of printing poll lists and lists of voters.
C. THE BOARD OF SUPERVISORS, COUNTY RECORDER or ELECTIONS DIRECTOR, ANY STAFF OF THOSE DEPARTMENTS or a poll worker SHALL NOT PROVIDE FOR USE ON BALLOTS ANY PEN THAT CREATES MARKS THAT ARE VISIBLE ON THE REVERSE SIDE OF THE PAPER BALLOT OR THAT OTHERWISE MAY DAMAGE OR CAUSE A BALLOT TO BE SPOILED.
C. D. For any election that is not held under the supervision of the board of supervisors, the governing body of each election district is responsible for furnishing the necessary supplies for that election.
Sec. 6. Title 16, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 16-567, to read:
16-567. Polling place; voting center equipment; custody
NOTWITHSTANDING ANY OTHER LAW, ANY VOTING EQUIPMENT THAT IS USED IN A POLLING PLACE OR VOTING CENTER MAY NOT HAVE INTERNET ACCESS, MAY NOT HAVE ANY ACCESSIBLE PORT AND MUST PROHIBIT ACCESS BY ANY MEANS TO ANY DATA OR RESULTS. THE DELIVERY, USE AND RETURN OF THE EQUIPMENT SHALL BE LOGGED ON A CHAIN OF CUSTODY DOCUMENT SO THAT THE NAME AND SIGNATURE OF EVERY PERSON WHO DELIVERS, RECEIVES, USES AND RETURNS THAT EQUIPMENT IS RECORDED AND RETAINED AS AN OFFICIAL ELECTION RECORD.
Sec. 7. Title 16, chapter 4, article 10, Arizona Revised Statutes, is amended by adding section 16-602.01, to read:
16-602.01. Hand count; legislature; access
A. FOR THE REGULAR PRIMARY AND REGULAR GENERAL ELECTION, AT ANY TIME AFTER COMPLETION OF THE UNOFFICIAL RETURNS AND BEFORE THE COUNTY CANVASS, THE LEGISLATURE MAY REQUIRE THAT A COMPLETE HAND COUNT BE CONDUCTED BY AN INDEPENDENT AUDITOR SELECTED BY THE LEGISLATURE. THE LEGISLATURE MAY REQUIRE THE HAND COUNT FOR UP TO THREE CONTESTED RACES.
B. IF THE LEGISLATURE REQUIRES A HAND COUNT, THE LEGISLATURE SHALL NOTIFY THE COUNTY BOARD OF SUPERVISORS AND THE COUNTY RECORDER IN WRITING THAT THE HAND COUNT SHALL OCCUR. THE COUNTY BOARD OF SUPERVISORS AND THE COUNTY RECORDER SHALL COOPERATE WITH AND PROVIDE ACCESS TO THE LEGISLATURE TO BALLOTS AND RELATED MATERIALS AND TO COUNTY FACILITIES FOR THE USE OF THE AUDITOR.
Sec. 8. Section 16-621, Arizona Revised Statutes, is amended to read:
16-621. Proceedings at the counting center
A. All proceedings at the counting center shall be under the direction of the board of supervisors or other officer in charge of elections and shall be conducted in accordance with the approved instructions and procedures manual issued pursuant to section 16-452 under the observation of representatives of each political party and the public. The proceedings at the counting center may also be observed by up to three additional people representing a candidate for nonpartisan office, or representing a political committee in support of or in opposition to a ballot measure, proposition or question. A draw by lot shall determine which three groups or candidates shall have representatives participate in the observation at the counting center. Persons representing a candidate for nonpartisan office or persons or groups representing a political committee in support of or in opposition to a ballot measure, proposition or question, who are interested in participating in the observation, shall notify the officer in charge of elections of their desire to be included in the draw not later than seventeen days before the election. After the deadline to receive submissions from the interested persons or groups, but prior to fourteen days before the election, the county officer in charge of elections shall draw by lot, from the list of those that expressed interest, three persons or groups and those selected shall be notified and allowed to observe the proceedings at the counting center. If a group is selected the group may alter who represents that group for different days of observation but on any given observation day a selected group shall not send more than one observer. A group may rotate an observer throughout the day. Only those persons who are authorized for the purpose shall touch any ballot or ballot card or return. All persons who are engaged in processing and counting of the ballots shall be qualified electors, shall be deputized in writing and shall take an oath that they will faithfully perform their assigned duties. There shall be no preferential counting of ballots for the purpose of projecting the outcome of the election. If any ballot, including any ballot received from early voting, is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy shall be made of the damaged or defective ballot in the presence of witnesses and substituted for the damaged or defective ballot. All duplicate ballots created pursuant to this subsection shall be clearly labeled "duplicate" and shall bear a serial number that shall be recorded on the damaged or defective ballot.
B. If the counting center automatic tabulating equipment includes an electronic vote adjudication feature that has been certified for use as prescribed by section 16-442 and the board of supervisors or officer in charge of elections authorizes the use of this feature at the counting center, all of the following apply:
1. The electronic vote adjudication feature shall be included in the tabulation system logic and accuracy testing prescribed by section 16-449.
2. The board of supervisors or officer in charge of elections shall appoint an electronic vote adjudication board that consists of two judges who are overseen by an inspector, with the two judges equally divided between the two largest political parties as prescribed by section 16-531, subsection D to adjudicate and submit for tabulation a ballot that is read by the tabulation machine as blank in order to determine if voter intent is clear on a portion or all of the ballot, or any portion of any ballot as prescribed by section 16-610 or 16-611, or to tally write-in choices as prescribed by section 16-612.
3. The electronic vote adjudication process used by the electronic vote adjudication board shall provide for:
(a) A method to track and account for the original ballot and the digital duplicate of the ballot created by the electronic vote adjudication feature that includes a serial number on the digital image that can be used to track electronic vote adjudication board actions.
(b) The creation and retention of comprehensive logs of all digital duplication and adjudication actions performed by an electronic vote adjudication board.
(c) The retention of the original ballot and the digital duplicate of the ballot.
C. If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the officer in charge of elections may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.
D. For any statewide, county or legislative election, the county recorder or officer in charge of elections shall provide for a live video recording of the custody of all ballots while the ballots are present in a tabulation room in the counting center. The live video recording shall include date and time indicators and shall be linked to the secretary of state's website. The secretary of state shall post links to the video coverage for viewing by the public. The county recorder or officer in charge of elections shall record the video coverage of the ballots at the counting center and shall retain those recordings as a public record for at least as long as the challenge period for the general election. If the live video feed is disrupted or disabled, the recorder or officer in charge of elections is not liable for the disruption but shall attempt to reinstate video coverage as soon as is practicable. Any disruption in video coverage shall not affect or prevent the continued tabulation of ballots. This subsection is contingent on legislative appropriation.
E. The county recorder or other officer in charge of elections shall:
1. Maintain records that record the chain of custody for all election equipment and ballots during early voting through the completion of provisional voting tabulation.
2. MAINTAIN A RECORD OF ALL VOTING IRREGULARITIES THAT OCCUR DURING EARLY VOTING, EMERGENCY VOTING AND ELECTION DAY VOTING. THE RECORD SHALL DESCRIBE THE IRREGULARITY, THE LOCATION WHERE IT OCCURRED, THE LOCATION WHERE IT WAS DISCOVERED, THE PERSONS WHO WERE PRESENT WHEN THE IRREGULARITY OCCURRED AND WHEN IT WAS DISCOVERED AND ANY RESPONSE TO THE IRREGULARITY FROM ELECTION OFFICIALS. WITHIN THIRTY DAYS AFTER ELECTION DAY, THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL PROVIDE THAT RECORD TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND SHALL PROVIDE A COPY OF THE REPORT TO THE SECRETARY OF STATE.
F. FOR ANY BALLOTS THAT ARE REQUIRED TO BE DUPLICATED AND ADJUDICATED, WHETHER ELECTRONICALLY OR MANUALLY, THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL SEPARATE THE BALLOTS BY TYPE OF DEFECT OR DAMAGE AND TYPE OF BALLOT, MAINTAIN THAT SEPARATION AND POST ON THE COUNTY'S WEBSITE THE NUMBER, TYPE AND CATEGORY OF DEFECTIVE OR DAMAGED BALLOTS PROCESSED BY THE COUNTY."
Amend title to conform