REFERENCE TITLE: election procedures manual; statutory conflict |
State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2379 |
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Introduced by Representative Bolick
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AN ACT
amending section 16-452, Arizona Revised Statutes; relating to the conduct of ELECTIONS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-452, Arizona Revised Statutes, is amended to read:
16-452. Rules; instructions and procedures manual; approval of manual; field check and review of systems; violation; classification
A. After consultation with each county board of supervisors or other officer in charge of elections, the secretary of state shall prescribe rules to achieve and maintain the maximum degree of correctness, impartiality, uniformity and efficiency on the procedures for early voting and voting, and of producing, distributing, collecting, counting, tabulating and storing ballots. The secretary of state shall also adopt rules regarding fax transmittal of unvoted ballots, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens and shall adopt rules regarding internet receipt of requests for federal postcard applications prescribed by section 16-543.
B. The rules shall be prescribed in an official instructions and procedures manual to be issued not later than December 31 of each odd-numbered year immediately preceding the general election. Before its issuance, the manual shall be approved by the governor and the attorney general. The secretary of state shall submit the manual to the governor and the attorney general not later than October 1 of the year before each general election.
C. The instructions and procedures manual shall provide for transparency and election security to the maximum extent allowed by law. If any provision of the instructions and procedures manual conflicts with any statute, the provision of the instructions and procedures manual is unenforceable and the statute prevails.
C. D. A person who violates any rule adopted pursuant to this section is guilty of a class 2 misdemeanor.
D. E. The secretary of state and the legislature shall provide personnel who are experts in electronic voting systems and procedures and in electronic voting system security to field check and review electronic voting systems and recommend needed statutory and procedural changes, including changes in the instructions and procedures manual.