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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
election equipment; certification; results
Purpose
Deems, as unapproved for use and not officially certified, any elections machine or device that is certified by a laboratory that was not accredited at the time of certification. Nullifies any election conducted with a machine or device that was not officially certified and requires the vote tallies from the machine to be removed from the official canvass of the election. Requires the Department of Public Safety (DPS) to provide independent compliance officers to inspect election equipment.
Background
The Secretary of State (SOS) must appoint a three-member committee to investigate and test various types of vote recording and tabulating machines or devices that may be used for elections. The committee must submit its recommendations to the SOS, who makes final adoption of the types, makes and models of elections machines and devices to be certified for use in Arizona. After consultation with the committee, the SOS must adopt standards for the loss of certification for elections machines and devices. The SOS may revoke the certification of any voting system or device if the person or firm: 1) installs, uses or allows the use of a voting system or device that is not certified for use or approved for experimental use in Arizona; or 2) uses or includes hardware, firmware or software in a version that is not certified for use or approved for experimental use in a certified voting system or device.
Elections machines and devices may only be used if they have been tested and approved by a laboratory that is accredited pursuant to the Help America Vote Act of 2002 (A.R.S. § 16-442). The Election Assistance Commission (EAC) must provide for the testing, certification, decertification and recertification of voting system hardware and software by accredited laboratories. The Director of the National Institute of Standards and Technology (Director) must conduct an evaluation of independent laboratories and submit a list of laboratories the Director proposes to be accredited to carry out testing, certification, decertification and recertification of voting system hardware and software. The EAC must vote on accreditation of any laboratory, taking the list submitted by the Director into consideration (52 U.S.C. § 20971).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems, as unapproved for use in Arizona and not officially certified, any elections machine or device that is certified by a laboratory that was not accredited at the time of certification.
2. Asserts that any election conducted with a machine or device that is not officially certified is nullified.
3. Requires vote tallies from a machine that was not officially certified to be removed from the official canvass of the election.
5. Allows independent compliance officers to randomly select the facilities and equipment to inspect at any time during voting or tabulating.
6. Requires the SOS to ensure that approved vote recording and vote tabulating machines:
a) are not capable of registering fractional votes;
b) are not capable of having a positive or negative number set on or loaded into the machine or device before it is accessed for lawfully tabulating ballots; and
c) comply with uniform statewide standards, settings and calibrations regarding the sensitivity of the machine or device.
7. Classifies, as a class 5 felony, knowingly setting a false number in a voting machine or device.
8. Prohibits election equipment that is certified for use with a specific update or security patch from being reset or reverted to an earlier version of the software or security patch, unless approved by the county board of supervisors (county BOS).
9. Requires the county BOS to document any change to an update or security patch and make the information publicly available.
10. Classifies, as a class 2 misdemeanor, violating the prohibition on resetting or reverting software on election equipment without approval of a county BOS or failure to document a change and make the information publicly available.
11. Requires, rather than allows, the SOS to revoke the certification of any voting system or device if the person or firm:
a) installs, uses or allows the use of a voting system or device that is not certified for use or approved for experimental use in Arizona; or
b) uses or includes hardware, firmware or software in a version that is not certified for use or approved for experimental use in a certified voting system or device.
12. Makes technical changes.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires the SOS to ensure that approved vote recording and vote tabulating machines:
a) are not capable of registering fractional votes;
b) are not capable of having a positive or negative number set on or loaded into the machine or device before it is accessed for lawfully tabulating ballots; and
c) comply with uniform statewide standards, settings and calibrations regarding the sensitivity of the machine or device.
2. Classifies, as a class 5 felony, knowingly setting a false number in a voting machine or device.
3. Requires DPS to provide qualified independent compliance officers who may inspect any election equipment to verify the equipment's accuracy and compliance.
4. Allows independent compliance officers to randomly select the facilities and equipment to inspect at any time during voting or tabulating.
5. Prohibits election equipment that is certified for use with a specific update or security patch from being reset or reverted to an earlier version of the software or security patch, unless approved by the county BOS.
6. Requires the county BOS to document any change to an update or security patch and make the information publicly available.
7. Classifies, as a class 2 misdemeanor, violating the prohibition on resetting or reverting software on election equipment without approval of a county BOS or failure to document a change and make the information publicly available.
8. Makes technical and conforming changes.
Senate Action
GOV 2/7/22 DPA 4-3-0-0
Prepared by Senate Research
February 9, 2022
MH/slp