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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 4-2-1-0 | Third Read 16-11-3-0 |
SB 1037: voting; equipment; internet; custody; violation
Sponsor: Senator Finchem, LD 1
Committee on Federalism, Military Affairs & Elections
Overview
Establishes requirements related to voting machinery software and hardware. Prohibits the use of voting machinery with internet access in polling places and counting centers. Outlines chain of custody requirements for such machinery and the data contained therein.
History
The Secretary of State (SOS) is required to appoint a committee to investigate and test various types of vote recording or tabulating machines or devices that can be used in elections. The committee must submit recommendations to the SOS who is required to make final adoption of certified types, makes or models for use in elections in Arizona. Machines or devices used at any election for federal, state or county offices can only be certified for use in Arizona if they comply with the Help America Vote Act of 2002 (HAVA).
HAVA established voluntary nationwide standards for voting systems and created a testing and certification program through federally accredited laboratories. States retain authority to determine whether voting equipment meeting federal standards may be certified and used within their jurisdictions (P.L. 107-252).
The SOS may revoke the certification of any voting system or device for use in a federal, state or county election in Arizona or may prohibit for up to five years the purchase, lease or use of any voting system or device leased, installed or used by a person or firm in connection with an election if outlined conditions are met (A.R.S. § 16-442).
Provisions
Establishing New Requirements for Voting Machinery
1. Requires the SOS to ensure that vote recording and vote tabulating machines and devices that are approved for use pursuant to statute:
a. have all operating systems and software configured to the appropriate level of security consistent with best practices in standards issued by the U.S. Department of Homeland Security Cybersecurity and Infrastructure Security Agency;
b. do not have hardware installed that supports internet connectivity or other form of remote access or software that allows any change to results in files or a database;
c. support the usage and tracking of users based on unique credentials that are changed at least once per election cycle for each user;
d. log any deletions of ballot images, windows event logs and results files and maintain election software logs; and
e. maintain the previously outlined information as election data for 22 months. (Sec. 1)
Prohibiting the Use of Voting Machinery with Internet Access in Polling Places
2. Prohibits any voting equipment used in a polling place or voting center from having internet access and requires such equipment to prohibit access to any data or results. (Sec. 2)
3. Mandates that if such equipment has an accessible port, the port be locked with a tamper-proof seal and be logged in the chain of custody document when broken or accessed. (Sec. 2)
4. Requires the delivery, use and return of such equipment to be logged on a chain of custody document so that the name and signature of every person who delivers, receives, uses and returns the equipment is recorded and retained as an official election record. (Sec. 2)
5. Outlines criminal penalties for a violation. (Sec. 2)
Prohibiting the Use of Voting Machinery with Internet Access in Counting Centers
6. Prohibits any tabulation equipment used in a central counting center or other tabulation center from having internet access and requires such equipment to prohibit access to any data or results until used by authorized election personnel only. (Sec. 3)
7. Mandates that if such equipment has an accessible port, the port be locked with a tamper-proof seal and be logged in the chain of custody document when broken or accessed. (Sec. 3)
8. Allows only authorized personnel, including political party observers, to be present at the tabulation of votes. (Sec. 3)
9. States that the use and return of the equipment that contains election results and data, including any removable data storage device, must be logged on a chain of custody document so that the name and signature of every person who delivers, receives, uses and returns the equipment is recorded and retained as an official election record. (Sec. 3)
10. Specifies that for any removable data storage device, two observers who are not members of the same political party must be present at all times, including during the insertion, removal and transportation of the device. (Sec. 3)
11. Prohibits the removable storage device from being under the sole custody and control of only one person. (Sec. 3)
12. Requires all activities at a counting center to be included in a nonstop video that is posted to the applicable county's website. (Sec. 3)
13. Outlines criminal penalties for a violation. (Sec. 3)
Miscellaneous
14. Adds a federal statutory reference to HAVA. (Sec. 1)
15. Makes technical and conforming changes. (Sec. 1)
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19. Initials GG SB 1037
20. 3/2/2026 Page 0 Federalism, Military Affairs & Elections
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