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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
election data; results; election equipment
Purpose
Requires all election equipment to be made in America and prohibits election data or results from being transferred, transmitted or stored in any other country.
Background
The Secretary of State must appoint a three-member Equipment Certification Advisory Committee (Committee) to investigate and test the various types of vote recording or tabulating machines or devices used for elections. The Committee must submit recommendations to the Secretary of State, who must make a final adoption of the types, makes or models certified for use in elections (A.R.S. § 16-442). A copy of each computer program used for a state, county, school district, special district, city or town election must be filed with the Secretary of State at least 17 days before the election (A.R.S. § 16-445). Additionally, a county board of supervisors or other election officer, or the Secretary of State for elections involving state and federal candidates, must have any automatic tabulating equipment and programs tested to ascertain that the equipment and programs will correctly count the votes cast for all offices and measures (A.R.S. § 16-449).
An electronic voting system consists of a voting or marking device combined with vote tabulation equipment. Electronic voting systems must meet certain statutory requirements, including: 1) providing for voting in secrecy; 2) rejecting choices recorded on an elector's ballot if the number of choices exceeds the number that the elector is entitled to vote for; 3) preventing an elector from voting for the same person more than once for the same office; 4) being suitably designed and of durable construction; and 5) correctly recording and counting each vote when properly operated (A.R.S. § 16-446). A county board of supervisors must provide each polling place with a sufficient number of voting booths on which voters can mark ballots and must provide voting or marking devices, voting booths, ballots, early ballots, ballot boxes and other required supplies (A.R.S. §§ 16-404 and 16-405).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires all election equipment, including computers, paper and other supplies to be made in America.
2. Requires all election data and results to remain in the United States and prohibits election data and results from being transferred, transmitted or stored in any other country.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2021
MH/gs