ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
elections; parties; hand count audits
Purpose
Modifies the requirements that govern the appointment of political party designees for hand count audits and accelerates the time periods by which requirements relating to the lists of hand count board workers must be met.
Background
A county officer in charge of elections must conduct a limited hand count audit for each countywide primary, special, general and presidential preference election. The county chair of each political party must select and provide the number of election board members designated by the county officer in charge of elections to perform the hand count. The hand count may not proceed unless the political parties provide, in writing, to the county officer in charge of elections a sufficient number of persons by 5:00 p.m. on the Thursday before the election and enough persons subsequently arrive to perform the hand count. If there is a shortage in the total number of hand count board workers provided by all parties, the county officer in charge of elections must notify the parties of the shortage by 9:00 a.m. on the Wednesday before the election. The hand count may not be conducted if more than 75 percent of the persons performing the hand count are from the same political party. The hand count is exempt from the live video requirements relating to the custody of ballots at a counting center, but party representatives who are observing may record the hand count with their own video cameras. The results of the hand count audit must be provided to the Secretary of State (SOS) and made publicly available on the SOS's website (A.R.S. § 16-602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the county chairperson of a political party to provide the prescribed number of hand count board members to the state party chairperson in addition to county officer in charge of elections.
2. Specifies that, upon notice of a shortage of hand count workers, the political parties have until 9:00 a.m. on the second Thursday before the election to provide an additional list of qualified electors who are willing to participate in the hand count.
3. Modifies the procedures relating to a shortage of designated hand count board workers to require:
a) the state party chairperson to designate qualified electors as hand count workers if the county chairperson fails to provide enough designees; or
b) the highest-ranking official holding a statewide office, as outlined, for each political party to designate qualified electors as hand count workers if both the county and state party chairpersons fail to provide enough designees.
4. Requires the political parties to provide the list of hand count workers by 5:00 p.m. on the second Tuesday, rather than the first Tuesday, before the election.
5. Requires the officer in charge of elections to notify the political parties of a shortage in hand count workers by 9:00 a.m. on the second Wednesday, rather than the first Wednesday, before the election.
6. Requires the county officer in charge of elections to distribute the list of additional electors to the county chairperson and state chairperson of each political party by 5:00 p.m. on the second Friday before the election.
7. Requires a county to make the results of the hand count audits available on the county's website.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes the requirement that the county officer in charge of elections publish the procedures for the hand count audit on the county's website by the Tuesday before election day.
2. Removes the prohibition on the county officer in charge of elections from establishing procedures that are not expressly authorized by statute.
3. Reinserts the exemption of the hand count audit from live video requirements.
Amendments Adopted by Committee of the Whole
· Removes the specification that the 75 percent maximum of the number of hand count workers that are of the same political party be only to the extent practicable
Senate Action
ELEC 2/05/24 DPA 6-0-2
Prepared by Senate Research
February 21, 2024
AN/KS/cs