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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
Senate: GOV DP 4-3-0-0 | 3rd Read 16-13-1-0
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SB 1259: recounts; requests; procedures; audits
Sponsor: Senator Mesnard, LD 17
Caucus & COW
Overview
Expands the hand count threshold to at least 5% and outlines procedures for certain recounts.
History
Current statute requires the county officer in charge of the election to conduct a hand count at one or more secure facilities for each countywide primary, special, general and presidential preference election. This hand count is required to be conducted as prescribed by statute and the Elections and Procedures Manual established by the Secretary of State. The hand count must be conducted by selecting, at random from a pool consisting of every precinct in that county, at least two percent of the precincts in that county, or two precincts, whichever is greater. The selection of the precincts must not begin until all ballots voted in the precinct polling places have been delivered to the central counting center.
At one or more times selected by the chairman of the political parties entitled to continued representation on the ballot and after the electronic tabulation of early ballots, the chairmen or the chairmen's designees must randomly select one or more batches of early ballots that have been tabulated for a postelection manual audit. From those sequestered early ballots, the chairmen must randomly select a number equal to one percent of the total number of early ballots cast or 5,000 early ballots, whichever is less. From those randomly selected early ballots, the county officer in charge of elections will conduct a manual audit of the same races that are being hand counted pursuant to statute (A.R.S. § 16-602).
Provisions
Hand Counts
1. Increases the hand count threshold to at least five percent of precincts in the county, or the number of precincts that is required to achieve a statistical significance consisting of a 99% confidence level with a margin of error of 1% based on the total number of ballots cast in that county on election day, whichever is greater. (Sec. 1)
2. Requires the hand count to be conducted at the precinct level. (Sec. 1)
3. Specifies that a voting center is deemed to be a precinct for purposes of the hand count. (Sec. 1)
4. Modifies the hand count threshold for the presidential preference election to five percent of the polling places or the number of precincts that is required to achieve a statistical significance consisting of a 99% confidence level with a margin of error of 1% based on the total number of ballots cast in that county, whichever is greater and perform the hand count. (Sec. 1)
5. Directs the county recorder or other officer in charge of elections, no later than 5:00 p.m. on the second Tuesday before the election, to provide to the county chairman of each political party an estimate of the number of people needed to perform the hand count. (Sec. 1)
6. Instructs the county recorder or other officer in charge of elections, no later than 9:00 a.m. on the Wednesday following the election, to provide to the county chairman of each political party the final number of people needed to perform the hand count. (Sec. 1)
7. Prescribes that if there is a shortage of board workers previously provided by all parties to perform the hand count, the notification must be made no later than 9:00 a.m. on the Wednesday following the election and a sufficient number of people are needed by no later than 5:00 p.m. on the Thursday following the election. (Sec. 1)
8. Stipulates that for a county with a population of 800,000 people or more, the chairmen or their designee must randomly select from the sequestered early ballots 10,000 early ballots or the number of early ballots that is required to achieve a statistical significance of a 99% confidence level with a margin of error of 2% based on the total number of early ballots cast in that county, whichever is greater. (Sec. 1)
9. Specifies that for a county with a population of less than 800,000 people, the chairman or their designee must randomly select from the sequestered early ballots the number that is required to achieve a statistical significance of a 99% confidence level with a margin of error of 3% based on the total number of early ballots cast in that county. (Sec. 1)
Recount by Attorney General, Secretary of State or Legislative Council
10. Authorizes, within five days after completion of the canvass for any election other than any general election other than a general election that requires an automatic recount, the Attorney General, Secretary of State or Legislative Council to request a recount of the total number of votes cast:
a) In the election;
b) At any precinct, voting center or district;
c) At any other jurisdiction; or
d) Any combination of those portions of an election. (Sec. 2)
11. Stipulates that the request for a recount must be submitted in writing to the county board of supervisors and the applicable county recorder or other officer in charge of elections. (Sec. 2)
12. States that the Secretary of State must receive the request for a recount if requested by the Attorney General or Legislative Council and the latter two entities must receive the request if requested by the Secretary of State. (Sec. 2)
13. Allows the Attorney General, Secretary of State or Legislative Council to request a recount by voting equipment or by hand count. (Sec. 2)
14. Specifies that the expenses of the recount are a state charge. (Sec. 2)
Recount Request by a Person
15. Authorizes an Arizona resident, within five days after completion of the canvass, to file an action for a recount in any general election other than a general election that requires an automatic recount if the person files a bond with the superior court in a form and an amount as determined by the court to be sufficient to provide for full reimbursement of the costs of conducting the recount. (Sec. 2)
16. Maintains that the requested recount may be for the total number of votes cast:
a) In an election;
b) At any precinct, voting center or district;
c) At any other jurisdiction; or
d) Any combination of those portions of an election. (Sec. 2)
17. Allows the person filing the action to request that the recount be conducted by hand count or by use of voting equipment, and the amount of the bond must reflect the type of recount requested. (Sec. 2)
18. Requires the recounts to comply with the procedures and requirements for an automatic recount. (Sec. 2)
19. Permits a county recorder or other applicable election officer who is conducting a recount to:
a) Continue with election preparation;
b) Comply with statutory deadlines; and
c) Perform other duties required by law without regard to the recounts. (Sec. 2)
20. States that the recount procedures do not apply to elections for the following:
a) Precinct committeemen;
b) School district governing boards;
c) Community college district governing boards;
d) Fire district boards;
e) Fire district chiefs or secretary-treasurers; or
f) Boards of other special districts. (Sec. 2)
21. Makes technical changes. (Sec. 1)
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SB 1259
Initials SJ Page 0 Caucus & COW
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