Assigned to JUDE                                                                                                         AS PASSED BY HOUSE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1280

 

cast vote record; public record

Purpose

Requires the county board of supervisors (BOS) or officer in charge of elections to transmit the cast vote record to the Secretary of State (SOS) within 48 hours after the county BOS transmits the county canvass. Prohibits the county BOS or officer in charge of elections from randomizing or altering the 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).

Precinct registers and other lists and information derived from voter registration forms may only be used for: 1) purposes relating to a political activity, political campaign or election;
2) revising election district boundaries; or 3) any other purpose authorized by law. A county recorder, the Secretary of State or an officer in charge of elections, on a request for an authorized use, must prepare additional copies of the list and furnish them to any requesting person on payment of a statutory fee that is based on the number of voter registration forms provided. Any person in possession of a precinct register or list may not allow the register or list to be used, bought, sold or transferred for any non-authorized purpose (A.R.S. § 16-168).

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

Provisions

1.   Requires the county BOS or officer in charge of elections to transmit the cast vote record in a sortable format to the SOS within 48 hours after the county BOS transmits the county canvas to the SOS.

2.   Prohibits the transmitted cast vote record from being altered except for precincts, precinct splits and ballot styles containing fewer than 25 registered voters.

3.   Stipulates that, if a precinct, precinct split or ballot style contains fewer than 25 registered voters, the county BOS or officer in charge of elections must only include the number of voters and the number of cast vote records in the transmission to the SOS.

4.   Prohibits the county BOS or officer in charge of elections from randomizing or otherwise altering the original record files.

5.   Deems the cast vote record a public record.

6.   Defines cast vote record as an electronic record 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.

7.   Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

1.   Replaces the requirement that the county recorder make certain voter information available as a public record within one hour after the polls close with the requirement that the county recorder transmit the cast vote record to the SOS within 48 hours after the county BOS transmits the county canvass.

2.   Requires the county recorder to only include the number of voters and the number of cast vote records in the transmission to the SOS for precincts and precinct splits containing fewer than 25 registered voters.

3.   Defines cast vote record.

Amendments Adopted by the House of Representatives

1.   Requires the county BOS or officer in charge of elections, rather than the county recorder, to transmit the cast vote record in a sortable format to the SOS as outlined.

2.   Prohibits the county BOS or officer in charge of elections, rather than the county recorder, from randomizing or otherwise altering the original cast vote record files, except as prescribed for certain precincts, precinct splits and ballot styles.

3.   Adds ballot styles containing fewer than 25 registered voters to the precincts and precinct splits for which the county BOS or officer in charge of elections must only include the number of voters and the number of cast vote records in the transmission to the SOS.

4.   Makes technical changes.

Senate Action                                                          House Action

JUDE              2/5/25        DP       4-3-0                   FMAE             3/26/25      DPA           4-3-0-0                      

3rd Read          3/5/25                    17-12-1               3rd Read          4/16/25                          33-25-2

 

Prepared by Senate Research

April 17, 2025

ZD/KS/ci