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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
election equipment; security; results; tabulation
Purpose
Outlines requirements for voting equipment chain of custody, internet or remote access and accessible ports. Classifies, as a class 2 misdemeanor, knowingly violating requirements relating to voting equipment specifications and chain of custody and certain counting central procedures.
Background
All components of a voting system must be certified by the Secretary of State prior to use in any election for federal, state or county office (A.R.S. § 16-442). A voting system is the total combination of mechanical, electromechanical or electronic equipment that is used to define ballots, cast and count votes, report or display election results and maintain and produce any audit trail information, which includes electronic voting equipment and an election management system used to tabulate ballots (52 U.S.C. § 21081; EPM Ch. 4 (1)).
Components of an electronic voting system may not be connected to the internet, any wireless communication device or any external network, except for electronic poll books. An election management system must be a stand-alone system attached only to components inside an isolated network. Hardware components of the electronic voting system must be sealed with tamper-resistant or tamper-evident seals once programmed, which must be logged as corresponding with particular voting equipment. Any hardware components must be witnessed by two or more election staff members when moved or transferred and an inventory of the equipment and chain of custody before and after the move or transfer must be documented (EPM Ch. 4 (III)).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Requires any voting equipment used in a polling place or voting center to prohibit access by any means to any data or results.
3. Exempts electronic pollbooks used by poll workers from the prohibition on voting equipment at a voting location having internet access.
4. Requires any tabulation equipment used in a central counting center or other tabulation center to prohibit access by any means to any data or results until used by authorized election personnel.
5. Requires an accessible port on any voting equipment or tabulation equipment to be locked with a tamper-proof seal and logged in a chain of custody document when broken or accessed.
6. Requires the delivery, use and return of voting equipment to be logged on a chain of custody document so that the name and signature of every person who delivers, receives, uses and returns the equipment is recorded and retained as an official elections record.
7. Requires the use and return of equipment that contains election results and data, including any removable storage device, to be logged on a chain of custody document so that the name and signature of every person who delivers, receives, uses and returns the storage device or equipment is recorded and retained as an official elections record.
8. Restricts who may be present at the tabulation of votes to only authorized personnel, including political party observers.
9. Requires all activities at a counting center to be included on a nonstop video that is posted on the county website.
10. Requires the election process to continue without regard to whether observers are present.
11. Prohibits observers from being allowed in county vehicles.
12. Classifies, as a class 2 misdemeanor, knowingly violating:
a) the prohibition on internet access and data access in voting equipment and tabulating equipment;
b) requirements related to accessible ports and chain of custody documentation for voting equipment and tabulating equipment;
c) the requirement that only authorized personnel be present for the tabulation of votes; and
d) the requirement that all activities at a counting center be included on a nonstop video.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires a person to knowingly violate specified requirements related to election equipment access in order to be guilty of a class 2 misdemeanor.
3. Requires the election process to continue without regard to whether observers are present.
4. Prohibits observers from being allowed in county vehicles.
5. Makes a conforming change.
Senate Action
GOV 2/14/22 DP 4-3-0
Prepared by Senate Research
March 7, 2022
MH/slp