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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
election process; contractors and contracts
Purpose
Deems a contractor that enters into a contract to provide election-related equipment or services and that fails to perform its obligations under the terms of the contract liable for liquidated damages. Classifies knowingly failing to perform contractual obligations by a contractor providing election-related equipment or services as a class 2 misdemeanor.
Background
Machines or
devices used at any election for federal, state or county offices may only be certified
for use in Arizona and may only be used in Arizona if they have been tested,
approved and comply with the Help America Vote Act of 2002. If approved, the
electronic management system or vote tabulating device may be used at any or
all elections for voting, recording and counting votes cast in an election. The
Secretary of State (SOS) may revoke the certification of any voting system or
device for use in any election in Arizona if certain conditions are met
(A.R.S.
§ 16-442). In reaching a preliminary decision to decertify, the SOS may
take seven factors into account, including if there was any material breach of
contact with any Arizona jurisdiction (EPM
Ch. 4 (I)(B)).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems a contractor that enters into a contract with Arizona or a county to provide election-related equipment or services and that fails to perform its obligations under the terms of the contract liable for liquidated damages in an amount equivalent to the amount paid under the terms of the contract.
2. Classifies, as a class 2 misdemeanor, knowingly failing to perform contractual obligations by a contractor regarding state or county election related equipment or services.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Requires a contractor that provides election-related equipment or services to knowingly fail to perform contractual obligations in order to be guilty of a class 2 misdemeanor.
Senate Action
GOV 1/31/22 DP 4-3-0
Prepared by Senate Research
March 10, 2022
MH/HW/slp