 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
tabulating equipment; fractional votes; manual
Purpose
Prohibits the use of any tabulating machines that are capable of registering fractional votes in Arizona elections. Requires a county recorder to post outlined information regarding tabulating equipment on the county website. Prohibits a county from contracting with a tabulating equipment provider that does not have a posted manual describing all capabilities for the equipment.
Background
The Secretary of State (SOS) must appoint a three-member committee to investigate and test various types of vote recording and tabulating machines or devices that may be used for elections. The committee must submit its recommendations to the SOS, who makes final adoption of the types, makes and models of elections machines and devices to be certified for use in Arizona. After consultation with the committee, the SOS must adopt standards for the loss of certification for elections machines and devices. The SOS may revoke the certification of any voting system or device if the person or firm: 1) installs, uses or allows the use of a voting system or device that is not certified for use or approved for experimental use in Arizona; or 2) uses or includes hardware, firmware or software in a version that is not certified for use or approved for experimental use in a certified voting system or device. Elections machines and devices may only be used if they have been tested and approved by a laboratory that is accredited pursuant to the Help America Vote Act of 2002 (A.R.S. § 16-442).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits ballot tabulating machines that are capable of registering fractional votes or that are susceptible to manipulation by an algorithm that would allow the equipment to register fractional votes from being used in Arizona elections.
2. Requires a county recorder or other officer in charge of elections to post the following on the county's website:
a) the operating manual for any tabulating equipment used by the county that describes all capabilities of the equipment; and
b) any updates to the tabulating equipment software or hardware within 24 hours of occurrence.
3. Prohibits a county from entering into a contract with a tabulating equipment provider if the posted manual for the equipment does not accurately describe all capabilities.
4. Asserts that any current county contract with a tabulating equipment provider that does not have a posted manual describing all capabilities of the equipment is canceled.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2022
MH/slp