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Senate Engrossed
early ballots; registration signatures; curing (now: election systems; software; timekeeping; requirements) |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE BILL 1568 |
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AN ACT
amending section 16-449, Arizona Revised Statutes; amending title 16, chapter 4, article 4, Arizona Revised Statutes, by adding section 16-449.01; relating to election equipment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-449, Arizona Revised Statutes, is amended to read:
16-449. Required test of equipment and programs; notice; procedures manual
A. Within the period of time before the election day prescribed by the secretary of state in the instructions and procedures manual adopted pursuant to section 16-452, the board of supervisors or other election officer in charge of elections, or for an election involving state or federal candidates, the secretary of state, shall have test the automatic tabulating equipment and programs tested to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures and that any internal clocks and timekeeping functions comply with section 16-449.01. Public notice of the time and place of the test shall be given at least forty-eight hours prior thereto before the test by publication once in one or more daily or weekly newspapers published in the town, city or village using such equipment, if a newspaper is published therein in the town, city or village, otherwise in a newspaper of general circulation therein in the area affected. The test shall be observed by at least two election inspectors, who shall not be of the same political party, and shall be open to representatives of the political parties, candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject such votes. The test also shall include verification that the internal clocks of the equipment and programs are set and MAINTAINED as prescribed by section 16-449.01 and that any DEVIATION is corrected and retested. If any error is detected, the cause therefor for the error shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment and programs are approved. A copy of a revised program shall be filed with the secretary of state within forty-eight hours after the revision is made. If the error was created by automatic tabulating equipment malfunction, a report shall be filed with the secretary of state within forty-eight hours after the correction is made, stating the cause and the corrective action taken. The test shall be repeated immediately before the start of the official count of the ballots in the same manner as set forth above in this subsection. After the completion of the count, the programs used and the ballots shall be sealed, retained and disposed of as provided for paper ballots.
B. Electronic ballot tabulating systems shall be tested for logic and accuracy within seven days before their use for early balloting pursuant to the instructions and procedures manual for electronic voting systems that is adopted by the secretary of state as prescribed by section 16-452. The instructions and procedures manual shall include procedures for the handling of ballots, the electronic scanning of ballots and any other matters necessary to ensure the maximum degree of correctness, impartiality and uniformity in the administration of an electronic ballot tabulating system.
C. Notwithstanding subsections A and B of this section, if a county uses accessible voting equipment to mark ballots and that accessible voting equipment does not independently tabulate or tally votes, the secretary of state in cooperation with the county officer in charge of elections may designate a single date to test the logic and accuracy of both the accessible voting equipment and electronic ballot tabulating systems.
Sec. 2. Title 16, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 16-449.01, to read:
16-449.01. Election systems and software; time accuracy requirements; violation; classification; definitions
A. Before their use during an election period, all election systems and software shall have their clocks and internal timekeeping functions set to and maintained at the accurate current time, within sixty seconds of the official time as provided by the national institute of standards and technology and as adjusted for the appropriate time zones in this state. This section applies throughout the election period and includes all timestamps that are generated for logs, records, affidavits, cure periods, ballot issuance and ballot processing and for test and audit purposes.
B. For election systems and software under their respective statutory authority AND duties, the board of supervisors, or other officer in charge of elections, and the county recorder, shall:
1. Set and verify compliance with subsection a OF THIS SECTION during preelection preparation, programming, data entry, system setup and voter registration activities.
2. Verify compliance as part of each required test and review of equipment and election systems and software, including all of the following:
(a) Logic and accuracy testing prescribed by section 16-449.
(b) Any compatibility reviews for voter registration systems under section 16-168.
(c) Any security reviews for voter registration systems under section 16-168.
3. Maintain and reverify time accuracy during the election period, including on election day AND during central counting, early ballot processing, signature verification and all other processes PRESCRIBED BY this section.
4. Perform and document a final time accuracy verification as part of postelection procedures, including for THE canvass and any audits, recounts and chain of custody reviews IN WHICH timestamps are material.
c. The secretary of state shall include pROCEDURES FOR All verifications required by subsection b OF THIS SECTION IN THE INSTRUCTIONS AND procedures manual adopted pursuant to section 16-452, including methods, frequency and responsible personnel and any corrective actions for noncompliance.
d. A person who violates this section is GUILTY of a class 2 misdemeanor.
e. For the purposes of this section:
1. "ELECTION PERIOD" MEANS THE TIME FROM INITIAL PREPARATION, PROGRAMMING AND DATA ENTRY FOR AN ELECTION THROUGH the FINAL CANVASS, CERTIFICATION OF RESULTS AND COMPLETION OF ANY REQUIRED POSTELECTION AUDIT or RECOUNT.
2. "ELECTION SYSTEM and SOFTWARE":
(a) means ALL HARDWARE, SOFTWARE, DATABASES, ELECTRONIC POLLBOOKS, VOTER REGISTRATION SYSTEMS, SIGNATURE VERIFICATION SYSTEMS, EARLY BALLOT PROCESSING EQUIPMENT, ACCESSIBLE VOTING DEVICES, AUTOMATIC TABULATING EQUIPMENT, ELECTRONIC VOTING SYSTEMS, VOTE RECORDING DEVICES, BALLOT SCANNERS, BALLOT PRINTERS, ELECTION MANAGEMENT SYSTEMS and STATEWIDE VOTER REGISTRATION DATABASE INTERFACES.
(b) includes ANY OTHER TECHNOLOGY USED TO REGISTER VOTERS, PROCESS BALLOTS, RECORD VOTES, TABULATE RESULTS, VERIFY SIGNATURES, GENERATE LOGS, TRACK CHAIN OF CUSTODY, CONDUCT AUDITS AND CERTIFY ELECTION OUTCOMES IN AN ELECTION CONDUCTED PURSUANT TO THIS TITLE.