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REFERENCE TITLE: governing body; election canvass; access |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1392 |
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Introduced by Senator Kavanagh
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AN ACT
amending title 16, chapter 4, article 11, Arizona Revised Statutes, by adding section 16-642.01; relating to the conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 11, Arizona Revised Statutes, is amended by adding section 16-642.01, to read:
16-642.01. Governing body; canvass; access; limitation; enforcement; violation; classification; definition
A. For any governing body that meets and canvasses an election as prescribed by section 16-642, before the canvass occurs, the governing body shall have access to any location in which election materials are created, handled, processed, tabulated or stored with respect to the specific election that is being canvassed, including all of the following:
1. Election headquarters and tabulation centers.
2. Ballot storage or custody facilities.
3. Voter registration and early ballot processing sites.
4. Any other locations that are designated by the county recorder, an elections director or any other election administrator or the secretary of state for election activity.
B. The governing body's access prescribed by subsection A of this section Includes the right to do all of the following:
1. Observe election procedures in person.
2. Examine and copy relevant documents, reports and digital records.
3. Receive reasonable assistance from election officials to locate and interpret materials that are relevant to the certification and canvass of the election.
C. Notwithstanding subsections A and B of this section, the governing body:
1. May not disrupt the conduct of the election or violate voter privacy, ballot secrecy or security protocols that are established under state or federal law.
2. Shall comply with all security clearances, identification and nondisclosure requirements that are reasonably imposed by election officials for the protection of confidential information.
D. The governing body may designate employees or agents of the governing body to assist in conducting any of the activities prescribed by this section for the governing body.
E. This section does not authorize the alteration, duplication or removal of election materials except as otherwise provided by law or court order.
F. A governing body that is denied access prescribed by this section with respect to an election that the governing body will canvass may apply to the superior court for injunctive and other relief to compel compliance with this section. The attorney general may bring a civil action to enforce this section.
G. A violation of this section is a class 2 misdemeanor.
H. For the purposes of this section, "election materials" means all records, documents, equipment, digital files, logs, chain of custody reports, ballots and vote tabulation devices and any other items that are used in the administration, tabulation or verification of an election.