Fifty-sixth Legislature

First Regular Session

Senate: ELEC DPA/SE 5-3-0-0 | 3rd Read: 16-13-1-0

House: MOE DP 6-4-0-1

SCR1037: elections; systems; equipment

Sponsor: Senator Kern, LD 27

Caucus & COW


Contains Legislative findings and declaration statements concerning necessary requirements for the primary use of a voting system for casting, recording and tabulating ballots in any election for federal office.


The Secretary of State is charged with appointing a committee to investigate and test the various types of vote tabulating machines. The committee submits its recommendations to the Secretary of State who will then decide the make or model to be certified for use in the state. Electronic equipment used at any election for federal, state or county offices may only be certified for use in this state if the equipment complies with the Help America Vote Act of 2002 (A. R. S. § 16-442).

A source code includes: 1) the code written by a programmer using a programming language that can be understood by trained individuals and is not capable of directly being used to give instructions to a computer; 2) related programmers’ notes, design documents, memoranda and similar documentation; and 3) related customer communications (A. R. S. § 42-2251).


1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteStates the Legislature resolves that no voting system or component of a voting system may be used as the primary method for casting, recording or tabulating ballots in any election for federal office unless:

a)   All components are designed, manufactured, integrated and assembled in the United States from trusted suppliers accredited by the United States Department of Defense;

b)   The source codes used in the voting system are made available to the public;

c)   The ballot images and system files are recorded and posted to the Secretary of State's website for public access within 24 hours after the closing of polls; and

d)   The Legislature transmits this resolution to the Secretary of State. (Sec. 1)



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