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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
registrations; counting procedures; observers; verification
Purpose
Expands access to precinct registers and information derived from voter registration forms. Outlines procedures for a hand count audit if a political party provides an insufficient number of board workers to conduct the hand count audit. Modifies requirements for video recording and observation of a hand count audit. Allows political party challengers and observers to be designated for specified locations.
Background
Precinct registers and other lists and information derived from voter registration forms may only be used for: 1) purposes relating to a political or political activity, political campaign or election; 2) revising election district boundaries; or 3) any other purpose authorized by law. A county recorder, the Secretary of State (SOS) or an officer in charge of elections, on a request for an authorized use, must prepare additional copies of the list and furnish them to any requesting person on payment of a statutory fee, based on the number of voter registration forms provided. Any person in possession of a precinct register or list may not allow the register or list to be used, bought, sold or transferred for any non-authorized purpose (A.R.S. § 16-168).
A county officer in charge of elections must conduct a limited hand count audit for each countywide primary, special, general and presidential preference election. The county chair of each political party must designate and provide the number of election board members designated by the county officer in charge of elections to perform the hand count under the supervision of the county officer in charge of elections. The hand count audit may not proceed unless: 1) the political parties provide the county recorder or other officer in charge of elections with a sufficient number of persons by 5:00 p.m. on the Thursday before the election; and 2) a sufficient number of persons arrive to perform the hand count. The hand count may not be conducted if more than 75 percent of the persons performing the hand count are from the same political party. The results of the hand count audit must be provided to the SOS and made publicly available on the SOS's website (A.R.S. § 16-602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Precinct Registers and Voter Registration Forms
1. Expands the authorized uses of precinct registers and other lists of information derived from voter registration forms to any noncommercial use, rather than only for:
a) purposes relating to a political or political party activity, political campaign or an election;
b) revising election district boundaries; or
c) any other purpose specifically authorized by law.
2. Requires a county recorder, the SOS or an officer in charge of elections to provide for electronic access to voter registration information.
3. Requires a county recorder, the SOS or an officer in charge of elections to prepare additional copies of the official precinct list for any person who:
a) establishes an electronic profile with the information provider;
b) attests that the information will not be used for a commercial purpose; and
c) pays a statutorily prescribed fee, based on the number of voter registration records provided.
4. Removes the prohibition on any person in possession of a precinct register or list or any reproduction of a precinct register or list from allowing the register or list to be used, bought, sold or otherwise transferred for any purpose not specifically authorized by statute.
5. Removes the prohibition on any person in possession of information derived from voter registration forms or precinct registers from distributing, posting or providing access to any portion of the information through the internet.
6. Allows for the public posting of voter registration records and applies outlined restrictions for public inspection to the public posting.
Political Party Challengers and Observers
7. Adds, to locations for which the county chairperson of each political party may designate a party agent or representative to act as challenger, a:
a) voting center; and
b) location at which electronic processing of ballots occurs.
a) the state party chairperson; and
b) if the state party chairperson fails to make an appointment, the applicable legislative district party chairperson.
10. Allows, if more than one county contracts with the same vendor to process returned affidavit envelopes or if the county party chairperson does not appoint a party representative, the state party chairperson to make the designation.
Hand Count Audit
11. Requires a county officer in charge of elections to publish the procedures for the hand count audit, including the times and locations, on the county's website by the Tuesday before election day.
12. Subjects the hand count audit to statutory requirements for live video recordings in the same manner as required for proceedings at a counting center.
13. Allows, if a county party chairperson fails to designate a sufficient number of board workers to perform a hand count audit, the designation of board workers to be made by the:
a) state party chairperson; or
b) applicable legislative district party chairperson, if the state party chairperson fails to designate board workers.
14. Removes the requirement that a hand count audit only proceed if the political parties provide a county recorder or officer in charge of elections with a sufficient number of persons to perform the hand count audit.
15. Requires a county officer in charge of elections, if the political parties do not provide a sufficient number of persons by 9:00 a.m. on the Thursday before an election, to prepare a list of qualified electors who are provided by any political party in Arizona.
16. Requires a county officer in charge of elections to provide the list of qualified electors to the county chairperson of each recognized political party in the county by 5:00 p.m. on the Friday before an election.
17. Requires, if a recognized political party provides an insufficient number of persons to conduct a hand count audit, the hand count audit to proceed without regard to the political party affiliations of the qualified electors conducting the hand count.
18. Requires a county to make the results of a hand count audit available on the county's website.
19. Requires proceedings at a hand count location to be under the direction of a county board of supervisors or other officer in charge of elections.
20. Requires access to and selection of representatives of a candidate or political committee to be provided for a hand count audit in the same manner as proceedings at a counting center.
Miscellaneous
21. Requires the electronic vote adjudication process to provide for the observation of the electronic vote adjudication board's activities by observers.
22. Allows a voter to make a verbal request for removal from the active early voting list, if the request includes information sufficient to verify the voter's identity.
23. Requires a county recorder or other officer in charge of elections to redact an elector's designated political party for any signature verification comparison with the elector's registration record.
24. Makes technical and conforming changes.
25. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Reinserts the prohibition on the following voter registration record information being accessible, publicly posted or reproduced by unauthorized persons or for unauthorized purposes:
a) month and day of birth;
b) father's name or mother's maiden name;
c) state or country of birth; and
d) records containing the voter's signature and voter's email address.
2. Allows the county chairperson of each political party to designate a party representative to observe proceedings, rather than act as challenger, at a third-party vendor that processes returned affidavit envelopes on behalf of the county.
3. Allows, if more than one county contracts with the same vendor to process returned affidavit envelopes or if the county party chairperson does not appoint a party representative, the state party chairperson to make the designation.
4. Makes technical and conforming changes.
House Action Senate Action
GE 2/16/22 DP 7-6-0-0 GOV 3/21/22 DPA 4-3-0
3rd Read 2/28/22 31-26-3
Prepared by Senate Research
March 22, 2022
MH/slp