ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: MOE DPA 6-3-0-1

HB2691: elections; ballot chain of custody

Sponsor: Representative Heap, LD 10

Caucus & COW

Overview

Specifies the chain of custody standards that must be maintained during the transfer of ballot boxes, delivery of voted ballots, duplication of ballots and tabulation of ballots.

History

The County Recorder or other officer in charge of elections must designate two ballot retrievers from two differing political parties to retrieve voted ballots from a ballot drop-off location or drop-box. Upon arrival, the ballot retrievers must note the location and identification number of the drop-box and the date and time of the arrival on the prescribed retrieval form that is to be provided by the county recorder or other officer in charge of elections.

A chain of custody for accessible voting devices must be tracked and logged by a team of two election board workers or staff of the County Recorder or other officer in charge of elections. The log must include: the seal numbers on the device; for devices that mark and tabulate, the number of votes cast at the time the device was turned on and the number of votes cast at the time the device was turned off; and a place for the two board workers or county staff to initial or sign verifying the information (Elections Procedures Manual 2019).

For any statewide, county or legislative election, the County Recorder or officer in charge of elections must provide a live video recording of the custody of all ballots while the ballots are present in a tabulation room in the counting center. The live video recording must include date and time indicators and shall be linked to the Secretary of State's website. The County Recorder or other officer in charge of elections shall maintain chain of custody records for all election equipment and ballots during early voting through the completion of provisional voting tabulation (A.R.S. 16-621).

Provisions

1. Adds that all ballot boxes must have a tamper evident seal. (Sec. 1)

2. Mandates that a law enforcement officer must aid in the transfer of the ballot box. (Sec. 1)

3. Specifies the details that must be included in a chain of custody report for the opening or transferring of a ballot box. (Sec. 1, 3)

4. Requires the County Recorder or other officer in charge of elections to prepare a chain of custody report for the transportation and delivery of voted ballots. (Sec. 2)

5. States that all damaged or defective ballots that are replaced with a duplicate ballot must be recorded in a detailed chain of custody report. (Sec. 3)

6. Adds that the live video recording for the custody of ballots must include the signature verification process and each signature verification workstation. (Sec. 3)

7. Mandates that the live video recording for the custody of ballots must provide full visibility of all ballots. (Sec. 3)

8. Instructs the County Recorder or other officer in charge of elections to keep a specified record of all voting irregularities. (Sec. 3)

9. Directs the County Recorder or other officer in charge of elections to provide a copy of the voting irregularity record to specified members of the Legislative and Executive Branches. (Sec. 3)

Amendments

Committee on Municipal Oversight and Elections

1. States that the chain of custody record must begin at the printing location of the ballot and continue through the delivery of the ballot.

2. Specifies that the record must include the date, time and signature for each point of contact.

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6. HB 2691

7. Initials JH/IG Page 0 Caucus & COW

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