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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
images; voter lists; records; contest
Purpose
Requires a county recorder to publish a list of eligible voters, with outlined information, 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, 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 voter's names and addresses.
2. Requires the county recorder's list of all eligible persons to include voters who are on the inactive voter list.
3. 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.
4. Requires, for ballot images of a precinct with 10 registered voters or less, the precinct to be combined with adjacent precincts to ensure the protection of the secret ballot.
5. 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.
6. Requires a county officer in charge of elections to ensure that paper ballots are sorted in a manner that allows for convenient retrieval.
7. Allows a person to view, download or print one or more online digital copies of ballot images and precludes a person from altering the contents of an image or cast vote record from the database.
8. Classifies, as a class 1 misdemeanor, a person who alters the contents of a ballot image or cast vote record.
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 other voter information.
11. Requires, for a protected voter, the list to suppress the precinct and split precinct information.
12. Increases, from five to seven, the number of days after the completion and declaration of an election canvass in which an elector may contest a state election.
13. Defines cast vote record as the 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.
14. 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.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2023
AN/slp