 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
REVISED
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 failure 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, failure to perform contractual obligations by a contractor regarding state or county election related equipment or services.
3. Becomes effective on the general effective date.
Revisions
· Adds a fiscal impact statement.
Prepared by Senate Research
January 24, 2022
MH/HW/slp