ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: MOE DPA 6-4-0-0

HB 2560: images; voter lists; records; contest.

Sponsor: Representative Toma, LD 27

Caucus & COW

Overview

Requires the County Recorder to provide, and the Secretary of State to post, specified election information including: a list of persons who voted in the election, all ballot images used to tabulate the election results and the cast vote record.

History

Arizona Voter Identification Database

As of 2019, the State of Arizona has operated a voter registration and election management system called the Arizona Voter Information Database (AVID). 13 counties directly use AVID to input voter registration and election information while Maricopa and Pima County have individual systems that are linked to AVID through an interface. The statewide database is administered by the Secretary of State and individual voter registration records are entered into the system by the County Recorder (A.R.S. § 16-168, EPM).

Digital Ballot Images

While not all systems capture digital ballot images, systems that do capture digital ballot images must meet certain minimum requirements to demonstrate the functionality of the system, as specified by the Secretary of State. The demonstration of functionality test includes an examination of whether the system produces digital images of readable quality and whether the digital images are capable of being sorted by criteria (EPM).

Secured Registrants

An individual may request voter registration records from either the Secretary of State or the County Recorder. Certain individual's voter registration records must be generally shielded from public disclosure. There are three categories of secured registrants: 1) protected government officials; 2) protected victims; and 3) individuals enrolled in the Secretary of State's Address Confidentiality Program (ACP). The Secretary of State provides ACP participants with substitute addresses for public disclosure purposes (A.R.S. §§ 16-153, 41-162).

Provisions

1. Instructs the County Recorder or officer in charge of elections to publish, no later than 10 days before each election, a list of all voters registered to vote in the election and specifies the information that must be included and excluded from the list. (Sec. 1)

2. Requires the county recorders to submit the following information to the Secretary of State for posting:

a) A list of all persons who voted in the election, with specified limitations and requirements for what information may be posted;

b) All ballot images used in the tabulation of the election, including adjudicated and duplicated ballot images; and

c) The cast vote record in a sortable format. (Sec. 1)

3. Specifies the County Recorder or officer in charge of elections must ensure paper ballots are stored in a manner that allows for convenient retrieval. (Sec. 1)

4. Prohibits a person from using a published or posted voter list for commercial purposes. (Sec. 1)

5. Requires the total number of protected voters to be included on the published or posted lists excluding the names, addresses or other information for those protected voters. (Sec. 1)

6. Authorizes information from precincts or precinct splits to be combined, provided the precinct or precinct split contains fewer than 10 voters. (Sec. 1)

7. Asserts that the Secretary of State, County Recorder or other officer in charge of elections is not liable for any personal identifying information, handwritten statements or other notations made or provided by the voter that are included in the ballot images. (Sec. 1)

8. Allows any person to view, download or print one or more online digital copies of ballot images. (Sec. 1)

9. Specifies a person who alters the contents of an image or a cast vote record from the database commits a class 1 misdemeanor. (Sec. 1)

10. Increases the time period in which an elector may contest an election from five days to seven days after the completion of the canvass. (Sec. 2)

11. Defines cast vote record and personal identifying information. (Sec. 1)

12. Makes technical changes. (Sec. 2)

Amendments

Committee on Municipal Oversight & Elections

1. Specifies that protected voters will be included on the specified lists by total number only.

2. Requires posted ballot images to be unaltered.

3. Modifies the definition of cast vote record.

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7. HB 2560

8. Initials JH Page 0 Caucus & COW

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