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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
governing body; election canvass; access
Purpose
Requires a governing body that meets and canvasses an election to have access to any location in which election materials for the election being canvassed are created, handled, processed, tabulated or stored. Outlines requirements relating to a governing body's right to have access to the specified locations designated for election activity.
Background
The governing body conducting an election must meet and canvass the
election within the specified timeframes based on the governing body and
election being canvassed (A.R.S.
§ 16-642). The purpose of the canvass is to officially certify the
election. The canvass includes the vote total for all races tabulated by voting
equipment, including early ballots, regular ballots and provisional ballots as
well as write-in votes (EPM
Ch. 13 (II)). The canvass must be made in public by opening the returns and
determining the vote of the county, by polling places, for each person voted
for, and the vote for and against each proposed measure on the ballot (A.R.S.
§ 16-643).
All proceedings at the counting center must be under the direction of the county board of supervisors or other officer in charge of elections and must be conducted in accordance with the approved instructions and procedures manual under the observation of representatives of each political party and the public. For any statewide, county or legislative election, the county recorder or officer in charge of elections must provide a live video recording of the custody of all ballots while the ballots are present in a tabulation room at the counting center. The live video recording must include date and time indicators and be linked to the Secretary of State's (SOS's) website. The SOS must post links to the video coverage for viewing by the public. The county recorder or other officer in charge of elections must maintain records that record the chain of custody for all election equipment and ballots during early voting through the completion of provisional voting tabulation (A.R.S. § 16-621).
The officer in charge of elections must ensure that electronic data and
images from ballots are protected from physical and electronic access,
including unauthorized copying or transfer, and that all security measures are
at least as protective as those prescribed for paper ballots (A.R.S.
§ 16-625).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires any governing body that meets and canvasses an election (governing body) to have access to any location in which election materials for the election being canvassed are created, handled, processed, tabulated or stored, including:
a) election headquarters and tabulation centers;
b) ballot storage or custody facilities;
c) voter registration and early ballot processing sites; and
d) any other locations that are designated for election activity by the county recorder, an elections director, any other election administrator or the SOS.
2. Specifies that a governing body's access to the outlined locations designated for election activity includes the right to:
a) observe election procedures in person;
b) examine and copy relevant documents, reports and digital records; and
c) receive reasonable assistance from election officials to locate and interpret materials that are relevant to the certification and canvass of the election.
3. Allows a governing body to designate employees or agents of the governing body to assist in conducting any of the outlined activities that the governing body has the right to conduct.
4. Prohibits a governing body from disrupting the conduct of the election or violating voter privacy, ballot secrecy or security protocols that are established under state or federal law.
5. Requires a governing body to comply with all security clearances, identification and nondisclosure requirements that are reasonably imposed by election officials to protect confidential information.
6. Allows a governing body that is denied access to specified election activity locations to apply to the superior court for injunctive and other relief.
7. Allows the Attorney General to bring a civil action to enforce the requirements relating to a governing body's right to access specified election activity locations.
8. Specifies that the outlined requirements relating to a governing body's access to specified election activity locations does not authorize the alteration, duplication or removal of election materials, unless otherwise provided by law or court order.
9. Classifies a violation of the outlined requirements relating to a governing body's access to specified election activity locations as a class 2 misdemeanor.
10. Defines election materials as all records, documents, equipment, digital files, logs, chain of custody reports, ballots, vote tabulation devices and any other items that are used in the administration, tabulation or verification of an election.
11. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2026
ZD/KS/ci