Bill
Number: H.B. 2780
Ugenti-Rita Floor Amendment
Reference
to: GOVERNMENT
Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Increases, from five
days to seven days after the completion of an election canvass and declaration
of an election result, the number of days in which an elector may file a
written statement to contest a state election.
2. Replaces the
requirement that the county recorder or other officer in charge of elections
post ballot images online after the primary and general election with a
requirement that the Secretary of State (SOS) establish a 2022 General Election
Ballot Image Pilot Program.
3. Requires, within 48
hours of the official county canvass, a county recorder or other officer in
charge of elections to submit all ballot images of ballots cast in the 2022
general election to the SOS.
4. Requires the SOS, upon
receipt of the ballot images, to immediately make the images available to the
public by way of an online database or web portal in a convenient downloadable
format.
5. Requires a county
recorder to submit to the SOS, rather than publish, a list of all registered
voters at least 10 days before a primary and general election and a list of all
persons who voted no more than 48 hours after the delivery of the official
county canvass.
6. Requires the SOS, upon
receiving the list of registered voters and list of persons who voted in an
election, to immediately make the lists available to the public by way of
database or web portal.
7. Requires a county
recorder or other officer in charge of elections to only include the number of
voters and persons who voted by precinct for voters whose names and addresses
are protected or confidential in the list of registered voters.
8. Requires the SOS to
provide access to the database or web portal on the SOS's website.
9. Replaces the
requirement that a county recorder redact a voter's personal identifying
information with a prohibition on the SOS publishing a voter's personal
identifying information in the list of registered voters.
10. Restricts the
information that may be included in the list of registered voters and the list
of persons who voted in an election to a voter's name, year of birth, street
address and precinct number.
11. Requires a person, in
order to be granted access to the database or web portal, to provide the
applicant's name, email, phone number and street address to the SOS.
12. Prohibits a person who
received access to the database or web portal from providing information
derived from the database or database or web portal to any other person who has
not been provided access by the SOS.
13. Requires a person
requesting access to the database or web portal to confirm that the person will
not provide information derived from the database or web portal to an
unauthorized person.
14. Classifies, as a class
1 misdemeanor, providing information derived from the database or web portal to
an unauthorized person.
15. Requires the SOS to
provide access to the database or web portal for 24 months following the
November 2022 general election to any person who provides the person's name,
email, phone number and street address.
16. Requires a county
recorder or other officer in charge of elections to provide for an identifying
indicator to be linked to ballots and ballot images that, when combined with
access to a cast vote record, allows a person a reasonable basis to
independently confirm tabulation results by batch of ballots.
17. Prohibits an identifying
indicator on a ballot image from being linked to a voter.
18. Requires a county
officer in charge of elections to ensure that paper ballots are stored in a
manner that allows for convenient retrieval.
19. Asserts that the SOS, a
county recorder or other officer in charge of elections is not liable for any
personally identifying information, handwritten statements or other notations
made or provided by a voter that is included on a digital ballot image.
20. Repeals the 2022
General Election Ballot Image Pilot Program January 1, 2025.
21. Removes the requirement
that the county officer in charge of elections ensure that paper ballots are
sorted in a manner that allows for convenient retrieval.
22. Defines cast vote
records and personal identifying information.
23. Makes technical and
conforming changes.
Page 1, line
1, strike "definition" insert "violation; classification; definitions"
Strike lines
3 through 7, insert:
"Line
7, strike "the county recorder shall publish"
insert "not later than"
Line 8,
after "election" insert ",
The county recorder shall submit to the secretary of state, who shall
immediately make available to the public by way of an online database or web
portal,"; strike "eligible" insert
"registered"
Line 9,
strike ", including" insert ". The list shall be limited to the voters' names, years of
birth, street addresses and precinct numbers and shall include";
after "list" insert ", except
that the county recorder shall list only the number of voters by precinct whose
names and ADDRESSES are protected pursuant to sections 11-483 and 11-484 or who
are enrolled in the address confidentiality PROGRAM ESTABLISHED PURSUANT to
section 41-162"
Strike lines
10 through 14, insert "secretary of state shall provide
access to the online database or web portal on the secretary of state's website
and shall not publish a voter's personal identifying information.""
Line 12,
strike "publish online" insert "make AVAILABLE to the public by way of an online database or web
portal"
Line 14,
strike "including" insert "limited
to"; strike "and"
insert ", years of birth, street"
Line 15,
after "addresses" insert "and
precinct numbers"
Page 1, line
16, strike "redact all the voters'" insert
"not submit to the secretary of state"
Line 17,
after "information" strike remainder of line
insert "and shall list only the number of voters by
precinct whose names and addresses are protected or confidential pursuant to
section 11-483, 11-484 or 41-162."
Strike lines
18 through 20, insert:
"Line
21, strike "record" insert "records"
Strike lines
22 through 26, insert:
"3. IN ORDER TO RECEIVE ACCESS TO THE DATABASE OR WEB PORTAL
PURSUANT TO THIS SECTION, A PERSON SHALL PROVIDE THE PERSON'S NAME, EMAIL
address, telePHONE NUMBER AND street ADDRESS TO THE SECRETARY OF
STATE. ANY PERSON WHO RECEIVES ACCESS TO THE DATABASE OR WEB PORTAL
from THE SECRETARY OF STATE SHALL NOT PROVIDE INFORMATION DERIVED FROM THE
DATABASE OR WEB PORTAL TO ANY OTHER PERSON WHO HAS NOT RECEIVED ACCESS FROM THE
SECRETARY OF STATE. A PERSON REQUESTING ACCESS TO THE DATABASE OR WEB PORTAL
SHALL CONFIRM THAT THE PERSON WILL NOT PROVIDE INFORMATION DERIVED FROM THE
DATABASE OR WEB PORTAL TO AN UNAUTHORIZED PERSON. A PERSON WHO VIOLATES THIS
PARAGRAPH IS GUILTY OF A CLASS 1 MISDEMEANOR.""
Line 22,
strike "a voter list that"
Line 23,
strike "is published or posted" insert "information derived from the online database or web portal"
Page 2,
between lines 2 and 3, insert:
"B. Any person may view, download or print one or more
online digital copies of ballot images but shall not alter the contents of an
image or a cast vote record from the database. A person who violates this
subsection is guilty of a class 1 misdemeanor."
Reletter to
conform
Page
2, line 3, strike the comma insert ":
1. "Cast vote
records" means electronic records of the voters' selections as captured by
a tabulation device from a ballot or a ballot image that cannot be linked to a
specific voter.
2."
Line 4,
strike "only"
Between
lines 8 and 9, insert:
"Sec. 2. Section
16-673, Arizona Revised Statutes, is amended to read:
START_STATUTE16-673. Statement
of contest; verification; filing
A. The
elector contesting a state election shall, within five seven days after completion of the
canvass of the election and declaration of the result thereof
by the secretary of state or by the governor, shall file
in the court in which the contest is commenced a statement in writing setting
forth:
1. The
name and residence of the party person contesting
the election, and that he the person is
an elector of the state and county in which he the person resides.
2. The
name of the person whose right to the office is contested, or the title of the
measure, or constitutional amendment,
or other proposition as it appeared upon on
the official ballot.
3. The
office the election to which is contested.
4. The
particular grounds of the contest.
B. The
statement shall be verified by the affidavit of the contestor that he the contestor believes the matters and
things therein contained in the statement are
true. END_STATUTE
Sec. 3. 2022 general election ballot image database pilot program;
delayed repeal
A. The
secretary of state shall establish a 2022 general election ballot image
database pilot program. After the November 2022 general election and
not later than forty-eight hours after the official county canvass, the county
recorder or other county officer in charge of elections shall submit all ballot
images of ballots cast in the November 2022 general election to the secretary
of state, who shall immediately make the images available to the public by way
of an online database or web portal in a convenient downloadable format.
B. The
secretary of state shall require a person seeking to access the ballot image
database or web portal pursuant to this section to provide the person's name,
email address, telephone number and street address. Any person who receives
access to the ballot image database or web portal shall not provide information
derived from the database or web portal to any other person who has not
received access from the secretary of state. A person requesting access to the
database or web portal shall confirm that the person will not provide
information derived from the database or web portal to an unauthorized person.
A person who violates this subsection is subject to the criminal penalty
prescribed in section 16-407.04, Arizona Revised Statutes, as added by
this act.
C. The
secretary of state shall provide access to the database or web portal to
persons who meet the requirements of this section for twenty-four months
following the November 2022 general election.
D. The
county recorder or other county officer in charge of elections shall provide
for an identifying indicator to be linked to ballots or ballot images, or both,
that when combined with access to the cast vote records pursuant to section
16-407.04, Arizona Revised Statutes, as added by this act, allows a person a
reasonable basis to independently confirm tabulation results. An identifying
indicator shall not be linked to a voter.
E. The
county officer in charge of elections shall ensure that paper ballots are
stored in a manner that allows for convenient retrieval.
F. The
secretary of state, county recorder or other county officer in charge of
elections is not liable for any personal identifying information, handwritten
statements or other notations made or provided by the voter that are included
in the ballot images.
G. This
section is repealed from and after December 31, 2024."
Amend title to conform