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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
electronic ballot adjudication; prohibition
Purpose
Prohibits the use of an electronic vote adjudication system and requires, for damaged or defective ballots that cannot be properly counted by the automatic tabulating equipment, a duplicate copy of the ballot to be made by hand.
Background
If any ballot is
damaged or defective and cannot be properly counted by automatic tabulating
equipment, a duplicate copy must be made of, and substituted for, the damaged
or defective ballot in the presence of witnesses. If the counting center
automatic tabulating equipment includes a certified electronic vote
adjudication feature, the county board of supervisors (county BOS) or officer
in charge of elections must appoint an electronic vote adjudication board
(adjudication board). The adjudication board must: 1) adjudicate and submit for
tabulation a ballot that is read by the tabulation machine as blank to
determine if voter intent is clear; or 2) tally
write-in choices. The electronic vote adjudication process used by the
adjudication board must provide for: 1) a method to track and account for the
original ballot and the digital duplicate of the ballot created by the
electronic vote adjudication feature that includes a serial number on the
digital image; 2) logs of all digital duplication and adjudication actions
performed by an adjudication board; and 3) the retention of the original ballot
and the digital duplicate of the ballot (A.R.S.
§ 16-621).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the county BOS and officer in charge of elections from using an electronic vote adjudication system.
2. Requires, for a ballot that is damaged or defective and cannot be properly counted by the automatic tabulating equipment, a true duplicate copy of the damaged or defective ballot to be made by hand.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 26, 2023
AN/slp