Assigned to GOV                                                                                                AS PASSED BY COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2780

 

voter lists; images; voting records

Purpose

Requires a county recorder to publish a list of eligible voters, with certain identifying information redacted, on the county recorder's website 10 days before a primary and general election. Requires the Secretary of State (SOS) to digitally publish a list of all persons who voted in an election and the voting method used, all ballot images and a sortable cast vote record.

Background

The officer in charge of elections must ensure that electronic or digital ballot images are protected from physical or electronic access, including unauthorized copying or transferring, and that all security measures are at least as protective as those for paper ballots (A.R.S. § 16-625).

The SOS must develop and administer a statewide voter registration database that contains the name and registration information of every registered voter in Arizona. The database must: 1) include a unique identifier for each voter; 2) allow access to voter registration officials; and 3) allow expedited entry of voter registration information once received by county recorders (A.R.S. § 16-168). The database must include a voter's registration status and personal identifying information, including the registrant's: 1) name; 2) residence address or location; 3) date of birth; and 4) attestation of citizenship (E.P.M. Ch.1 (IV)).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires a county recorder, 10 days before a primary and general election, to publish a list of all eligible voters, including the voters names and addresses.

2.   Requires the county recorder's list of all eligible persons include voters who are on the inactive voter list.

3.   Requires a county recorder to post the list of eligible voters on the county recorder's website and redact a voters' personal identifying information before posting the list.

4.   Requires a county recorder or other county officer in charge of elections, after a primary and general election and within 48 hours of delivery of the official county canvass, to submit the following to the SOS:

a)   a list of all persons who voted in the election, including the person's name, address and method of voting;

b)   all ballot images; and

c)   the cast vote record in a sortable format.

5.   Requires a county recorder or other county officer in charge of elections to redact all voters' personal identifying information before submitting the list of all persons who voted in the election, all ballot images and the cast vote record to the SOS.

6.   Requires the SOS to publish the list of all persons who voted in the election, all ballot images and the cast vote record online in a convenient downloadable format immediately after receipt from a county recorder or other officer in charge of elections.

7.   Requires a county recorder or other county officer in charge of elections to provide for an identifying indicator to be linked to ballots or ballot images that, when combined with access to the cast vote record, allows a person a reasonable basis to independently confirm tabulation results by batch of ballots.

8.   Requires a county officer in charge of elections to ensure that paper ballots are sorted in a manner that allows for convenient retrieval.

9.   Prohibits a person from using a voter list that is published or posted for commercial purposes.

10.  Requires the total number of protected voters to be included on the list of all persons who voted in the election, all ballot images and the cast vote record without the inclusion of any names, addresses or voter other information.

11.  Defines personal identifying information as the voter's:

a)   month and day of birth;

b)   driver license number;

c)   nonoperating identification license number;

d)   social security number or portion of that number, as applicable;

e)   Indian census number;

f) father's name and mother's maiden name;

g)   state and county of birth; and

h)   the records that contain a voter's signature and a voter's email address.

12.  Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Requires a county recorder to post the list of eligible voters on the county recorder's website and redact the voter's personal identifying information before posting the list and as applicable.

2.   Requires the county recorder's list of all eligible persons include voters who are on the inactive voter list.

3.   Requires a county recorder to submit a list of persons who voted in an election, ballot images and the vote cast record to the SOS for publishing within 48 hours after the delivery of the official county canvass, rather than 5 days before the county canvas.

4.   Requires the list of persons who voted in an election to include voters names and addresses and requires the county recorder or other officer in charge of elections to redact a voters' personal identifying information.

5.   Requires the SOS, rather than a county recorder or other county officer in charge of elections, to publish:

a)   a list of all persons who voted in the election, including the person's name, address and method of voting;

b)   all ballot images; and

c)   the cast vote record in a sortable format.

6.   Prohibits a person from using a voter list that is published or posted for commercial purposes.

7.   Requires the total number of protected voters to be included on the list of persons who voted in an election, ballot images and the vote cast record without including any names, addresses or other information for those protected voters.

8.   Defines personal identifying information as the voter's:

a)   month and day of birth only;

b)   driver license number;

c)   nonoperating identification license number;

d)   social security number or portion of that number, as applicable;

e)   Indian census number;

f) father's name;

g)   mother's maiden name;

h)   state and county of birth; and

i) the records that contain a voter's signature and a voter's email address.

9.   Makes technical and conforming changes.

House Action                                                           Senate Action

GE                   2/16/22      DPA       7-6-0-0            GOV               3/21/22      DPA       4-2-1

3rd Read          2/28/22                     31-26-3

Prepared by Senate Research

March 23, 2022

MH/HW/slp