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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
VETOED
AMENDED
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.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1280 would place constitutionally protected voter privacy at risk.
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
Final Read 4/29/25 16-12-2
Vetoed by the Governor on 5/2/25
Prepared by Senate Research
May 5, 2025
ZD/KS/ci