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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
AMENDED
registrations; observers; counting procedures; verification
Purpose
Effective January 1, 2024, 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. 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 party 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.
8. Allows the appointment of a party agent or representative for an authorized location to be made as follows:
a) if the county party chairperson fails to make an appointment, the state party chairperson; and
b) if the state party chairperson fails to make an appointment, the applicable legislative district party chairperson.
9. Allows the county chairperson of each political party, by written appointment addressed to the county officer in charge of elections, to designate a party representative to observe proceedings at a third-party vendor that processes returned affidavit envelopes on behalf of the county.
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. Precludes the county officer in charge of elections from creating procedures that are not expressly authorized by statute.
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 state party chairperson.
14. Prohibits the hand count audit from proceeding unless the names of a sufficient number of persons are provided in writing by the recognized political parties or a single political party and a sufficient number of persons arrive to perform the hand count audit by 5:00 p.m. on the Thursday preceding the election.
15. Requires, if a recognized political party provides an insufficient number of persons to conduct a hand count audit by 5:00 p.m. on the Thursday preceding the election, the hand count audit to proceed without regard to the political party affiliations of the qualified electors conducting the hand count.
16. Requires the political parties to provide the names of the persons participating in the hand count in writing to the recorder or officer in charge of elections by 5:00 p.m. on the second Tuesday preceding the election.
17. Caps, at 75 percent, the number of persons conducting the hand count that are of the same political party.
18. Requires the county chairperson of each political party to provide the number of election board members to both the county officer in charge of elections and the state party chairperson.
19. Requires a county to make the results of a hand count audit available on the county's website.
20. 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.
21. 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
22. Requires the electronic vote adjudication process to provide for the observation of the electronic vote adjudication board's activities by observers.
23. 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.
24. Prohibits, beginning on January 1, 2024, an elector's political party from being included in the signature images provided for signature verification on any new signatures added.
25. Requires the county recorder or other officer in charge of elections to provide voters with access to the early ballot tracking system on the county's website.
26. Makes technical and conforming changes.
27. Becomes effective on January 1, 2024.
Amendments Adopted by Committee of the Whole
1. Removes the requirement for the county recorder or other officer in charge of elections to redact an elector's designated political party on an elector's registration record.
2. Prohibits, beginning on January 1, 2024, an elector's political party from being included in the signature images provided for signature verification on any new signatures added.
3. Removes the requirement that a true duplicate copy of a damaged or defective ballot must be made by hand.
Amendments Adopted by the House of Representatives
2. Modifies the time periods within which certain requirements relating to the hand count audit must be met.
3. Requires the county officer in charge of elections to provide compensation for persons performing the hand count.
4. Specifies that travel, meal or lodging expenses are not included in the compensation.
5. Requires the political parties to provide the names of the persons participating in the hand count in writing to the recorder or officer in charge of elections.
6. Replaces the requirement that the county officer in charge of elections prepare a list of qualified electors and provide the list to the county chairperson of each political party with the requirement that the officer in charge of elections notify the parties of a board worker shortage by 9:00 a.m. on the second Wednesday preceding the election.
7. Specifies that the political parties have until 9:00 a.m. on the second Thursday preceding the election to provide the county officer in charge of elections with an additional list of qualified electors who are willing to participate in the hand count.
9. Removes the authority of the applicable legislative district party chairperson to designate board workers if the prescribed requirements are met.
10. Removes the live video recording requirements for the hand count audit.
11. Makes technical changes.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1175 creates an unfunded mandate for both the state and counties.
Senate Action House Action
ELEC 2/6/23 DP 5-3-0 MOE 3/22/23 DP 6-4-0-0
3rd Read 3/2/23 16-13-1 3rd Read 5/15/23 31-27-1-0-1
Final Read 6/13/23 16-12-2
Vetoed by the Governor on 6/20/23
Prepared by Senate Research
June 22, 2023
AN/slp