SB1367 - 532R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 16-424, Arizona Revised Statutes, is amended to read:

START_STATUTE16-424. Specifications of voting machine

A. A voting machine shall ~~be constructed to~~ provide ~~facilities~~ for voting for candidates at both primary and general elections.

B. A voting machine shall:

1. Permit a voter to vote for any person for any office whether or not nominated as a candidate.

2. ~~Insure~~ Ensure voting in absolute secrecy.

3. Permit a voter to vote for any candidate or on any proposed constitutional amendment, question, proposition or measure for whom or on which he the voter is entitled to vote, but none other.

4. Permit a voter to vote for the lawful number of candidates for an office, but no more.

5. Prevent the voter from voting for the same person twice.

6. implement ranked choice voting when ranking for contests is possible.

6. 7. Be provided with a lock by which immediately after the polls are closed any movement of the voting or registering mechanism is absolutely prevented.

C. A voting machine may be equipped with a device or devices for printing, embossing or photographing the count as shown on the candidate and amendment counters. The device will furnish a sheet of machine counter readings ~~prior to~~ before the opening of the polls and in addition will provide a sheet of machine counter readings immediately ~~upon~~ on close of polls in a minimum of three copies. END_STATUTE

Sec. 2. Section 16-446, Arizona Revised Statutes, is amended to read:

START_STATUTE16-446. Specifications of electronic voting system

A. An electronic voting system consisting of a voting or marking device in combination with vote tabulating equipment shall provide facilities for voting for candidates at both primary and general elections.

B. An electronic voting system shall:

1. Provide for voting in secrecy when used with voting booths.

2. Permit each elector to vote at any election for any person for any office whether or not nominated as a candidate, to vote for as many persons for an office as he the elector is entitled to vote for and to vote for or against any question on which he the elector is entitled to vote, and the vote tabulating equipment shall reject choices recorded on ~~his~~ the elector's ballot card or paper ballot if the number of choices exceeds the number that he the elector is entitled to vote for the office or on the measure.

3. Prevent the elector from voting for the same person more than once for the same office.

4. Accommodate ranked choice voting when ranking for contests is possible.

4. 5. Be suitably designed for the purpose used and be of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and counting ballots.

5. 6. Be provided with means for sealing the voting or marking device against any further voting after the close of the polls and the last voter has voted.

6. 7. When properly operated, record correctly and count accurately every vote cast.

7. 8. Provide a durable paper document that visually indicates the voter's selections, that the voter may use to verify the voter's choices, that may be spoiled by the voter if it fails to reflect the voter's choices and that permits the voter to cast a new ballot. This paper document shall be used in manual audits and recounts. END_STATUTE

Sec. 3. Section 16-449, Arizona Revised Statutes, is amended to read:

START_STATUTE16-449. 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, or for an election involving state or federal candidates, the secretary of state, shall have 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, including those using the ranked choice voting method. Public notice of the time and place of the test shall be given at least forty‑eight hours prior thereto 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, otherwise in a newspaper of general circulation therein. 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 punched or 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. If any error is detected, the cause therefor 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. 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. END_STATUTE

Sec. 4. Title 16, chapter 4, Arizona Revised Statutes, is amended by adding article 15, to read:

ARTICLE 15. RANKED CHOICE VOTING

START_STATUTE16-731. Ranked choice voting; threshold

A. In any election in which ranked choice voting is used, the following apply:

1. For an election to fill two or more seats for the same office and term, an elector may vote for the candidates for that office by indicating the elector's order of preference among the candidates. An elector may vote for and rank as few of the candidates as the elector wishes or the elector may vote for and rank as many of the candidates as permitted for that ballot as otherwise provided by law.

2. For an election to fill a single seat for an office and term, an elector may vote for and rank as few of the candidates as the elector wishes or the elector may vote for and rank as many of the candidates as permitted for that ballot as otherwise provided by law. The threshold formula for a single seat contest shall result in a majority.

B. For any election with ranked choice voting, the threshold number of votes necessary for a candidate to be elected is:

1. The fewest votes that can be obtained by no more than the number of candidates to be elected.

2. Calculated by determining the total number of valid votes cast and dividing that number by the sum of one plus the number of candidates to be elected, then adding one vote to the amount calculated and ignoring any fractions in the results, as shown in the following formula:

(TOTAL NUMBER OF VOTES CAST)

(1 + Number of candidates to be elected for that office) + 1 = Threshold

C. Ballots shall be tallied and allocated in rounds of counting and each ballot shall be counted as one vote for that ballot's highest ranked advancing candidate. An advancing candidate is a candidate who has not reached the threshold number for election and who has not been eliminated from the contest as prescribed by section 16-733.

D. Each candidate who reaches the threshold number of votes is elected. If more than one candidate reaches the threshold number in a round of counting, the ballots of the candidate who receives the largest number of first choice votes shall be the first votes redistributed at their transfer value to the second choice indicated on that ballot or the next available choice if the second choice candidate has already been elected or eliminated. The transfer procedure shall be repeated for the ballots of the remaining candidate who was elected on the first round if all seats have not been elected by the first redistribution. END_STATUTE

START_STATUTE16-732. Surplus votes; redistribution; transfer value

A. Votes that are acquired by an advancing candidate in excess of the threshold number required for that election constitute the candidate's surplus votes. Any surplus votes that candidate has received shall be redistributed among the other advancing candidates as follows:

1. Each vote that was received by the elected candidate shall be redistributed to the next available choice on that ballot according to a transfer value for each ballot. A ballot shall not be transferred if it does not contain a valid choice to transfer. Valid ballots shall be transferred and the transfer value shall be established after transfer. The transfer value shall be determined by dividing the number of surplus votes cast for the elected candidate by the total number of votes received by the elected candidate, calculated to five decimal places and then rounded to the fourth decimal place.

2. The Transfer value is depicted in the following formula:

(NUMBER OF SURPLUS VOTES FOR THE ELECTED CANDIDATE)

(Total number of votes received by the elected candidate) = transfer value.

B. If a candidate receives more than the threshold number of votes necessary to be elected as a result of the redistribution of surplus votes from a previously elected candidate, the number of votes in excess of the minimum threshold of votes necessary to be elected shall be redistributed to the advancing candidates. This redistribution shall be to the next available choice shown on each of the elected candidate's ballots. The transfer value for the ballots on which the candidate was the first choice shall be the same as the transfer value prescribed in subsection A of this section. The lesser transfer value for each ballot that is transferred to the advancing candidate from one or more previously elected candidates shall be determined as follows:

1. The surplus votes cast for the elected candidate shall be divided by the total number of votes received by the elected candidate and multiplied by the previous transfer value of that ballot. The amount shall be calculated to five decimal places and then rounded to the fourth decimal place.

2. The surplus value is depicted in the following formula:

(NUMBER OF SURPLUS VOTES CAST FOR THE ELECTED CANDIDATE)

(Total number of votes received by the elected candidate) x previous transfer value of that ballot = lesser transfer value. END_STATUTE

START_STATUTE16-733. Elimination rounds; transfer of votes; limitation

A. For any round of ballot counting in which there are no more surpluses to transfer and the seats are not yet filled, the candidate with the lowest number of votes shall be eliminated. In elimination rounds, all of that eliminated candidate's votes including first choice votes and any votes that were received from a previously elected candidate's surplus at the transfer value shall be transferred to the advancing candidates according to the next available choice shown on the eliminated candidate's ballots. The eliminated candidate's first choice votes shall be transferred to the second, or next available, choice at full value. Any votes that are received from previously elected or eliminated candidates shall be transferred to advancing candidates at the transfer value at which each vote was received.

B. Votes may not be transferred to candidates who have already met the threshold number and votes may not be transferred to candidates who have been eliminated. If a voter's next choice is not eligible for receipt of transferred votes, that vote or portion of a vote shall be transferred to the voter's next indicated choice until all choices on that ballot have been exhausted. A ballot is exhausted if after the preferred candidates are eliminated, the ballot does not indicate one of the advancing candidates as an alternate choice. END_STATUTE

START_STATUTE16-734. Sequence of tabulation; candidates declared elected

The tabulation of votes to be redistributed after the first round of counting shall continue in the following sequence:

1. The surplus votes of elected candidates are redistributed until there are no more candidates to receive the minimum threshold of votes necessary to be elected.

2. The votes of eliminated candidates are redistributed until another candidate receives the minimum threshold number of votes necessary to be elected.

3. When the number of advancing candidates plus the number of elected candidates who have reached the threshold in previous rounds is equal to the number of candidates to be elected, all of the advancing candidates shall be declared elected, whether or not those candidates have received the minimum threshold number of votes necessary to be elected. END_STATUTE

START_STATUTE16-735. Tally report for ranked choice voting

Notwithstanding any other law, For each office elected by ranked choice voting, the statement of the result shall include all of the following:

1. The number of votes cast in each election district for each advancing candidate in each official round of counting, where possible.

2. The number of exhausted ballots in each district in each official round of counting, where possible.

3. The total number of votes cast that are counted for each advancing candidate in each official round of counting.

4. The total number of exhausted ballots in each official round of counting. END_STATUTE

START_STATUTE16-736. Ranked choice voting; applicability; ballot format; rules

A. Notwithstanding any other law, the single-seat ranked choice voting method may be used in any city, town or county election contest in which a voter has three or more voting options for a particular office or issue.

B. Notwithstanding any other law, the multiseat ranked choice voting method may be used in any city, town or county election contest in which a voter has three or more voting options for that group of offices.

C. Ballots approved under this section shall be as simple and easy to use as practicable and shall allow a voter to rank candidates for an office or group of offices in the order of that voter's choice. If practicable, ballots shall be designed in a way that voters may mark their first choices in the same manner as that for offices that are not elected by the ranked choice voting method. If the secretary of state determines that the number of candidates for a particular office exceeds the practicable space requirements for ranking all candidates on the ballot, the secretary of state may limit the number of ranked choices that the voter may make, except that if there are five or more candidates for an office, the secretary of state shall provide for ranking at least two more candidates than the number of seats to be filled in that contest.

D. The secretary of state by rule may:

1. Provide for the use of mechanical, electronic or other devices for marking, sorting and counting the ballots and tabulating the results.

2. Modify the form of the ballots and the instructions to voters to comply with the system of ranked choice voting.

3. Prescribe the method of marking, sorting, counting, invalidating and tabulating votes, except that rules or procedures adopted shall not conflict with the substance or intent of this article. END_STATUTE

START_STATUTE16-737. Sample ballots; instructions to voters; voter intent

A. Instructions on the ballot shall include the following statement:

1. Rank candidates in order of your preference.

2. You may rank as few candidates as you wish or as many as is allowed.

3. Ranking additional candidates will not hurt your higher ranked favorite candidates, but will increase your chances of having your ballot count for a candidate if no candidate initially gets enough votes to win.

4. Do not skip rankings or give the same ranking to more than one candidate.

5. Do not rank the same candidate more than once.

B. The officer in charge of elections shall post sample ballots that use fictitious names to illustrate voting procedures. The sample ballots shall be posted in or near the voting booth and shall be included in the instruction materials for absentee ballots or early voters, in mailed voter pamphlets and in internet voter education. Before each election, the secretary of state shall conduct a voter education campaign to educate voters on the use and purpose of the ranked choice voting method. The secretary of state shall use public service announcements as well as seek other media cooperation to the maximum extent practicable.

C. In counting ballots, election officials shall attempt to ascertain the intent of the voter as expressed by the voter's markings on the ballot as provided by law and as prescribed in the instructions and procedures manual adopted by the secretary of state. If it is impossible to determine the intent of the voter for any office or public question, that ballot shall be counted as blank or spoiled for that office or question only and that determination does not apply for any other office or question on the ballot for which the voter's intent can be determined. The secretary of state shall include in the instructions and procedures manual provisions on determining whether a ballot is spoiled and whether a voter's intent can be determined. The instructions and procedures manual shall conform to the intent and substance of this article. END_STATUTE

START_STATUTE16-738. Method of tabulating votes; instructions to voters

The following apply whenever ranked choice voting ballots are tabulated:

1. If after a ballot's first choice candidate is eliminated, a ballot does not indicate one of the advancing candidates as an alternate choice, the ballot is exhausted and shall not be tabulated further.

2. If a voter skips exactly one numerical ranking on that voter's ballot, the skipped ranking will be ignored and that ballot will be valid and tabulated.

3. If a voter skips two or more numerical rankings on the voter's ballot, only those rankings that were lower than the two skipped rankings will be counted as valid.

4. If a voter gives the same ranking to more than one candidate, the voter's rankings shall be counted in order of preference, stopping at the point where the ballot contains the same ranking for more than one candidate.

5. If a voter ranks the same candidate more than once, the highest ranking for that candidate is valid and any lower rankings of that candidate are ignored.

6. For any tied votes that must be broken and that occur at any stage in the tabulation, the advantage goes to the candidate who was credited with the most votes in the immediately preceding round of tabulation. For tied votes for which there is no previous round of tabulating, the following apply:

(a) A tie for the fewest votes between candidates who will not be advancing and who have been eliminated from the contest shall be resolved by simultaneously eliminating both candidates and tabulating and transferring the remaining valid choices for advancing candidates. The round of counting is not complete until the ballots of both eliminated candidates are tabulated.

(b) A tie between candidates in which two or more candidates have an equal number of first choice votes and more than two candidates would advance to the final round shall be resolved as prescribed by section 16‑649. END_STATUTE