|
REFERENCE TITLE: images; voter lists; records; contest. |
|
State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
|
|
HB 2560 |
|
|
|
Introduced by Representative Toma: Senator Bennett
|
An Act
amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding section 16-407.04; amending section 16-673, Arizona Revised Statutes; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 16-407.04, to read:
16-407.04. Voter lists; ballot images; cast vote record; ballot storage; violation; classification; definitions
A. Notwithstanding any other law:
1. Not later than ten days before each election, The county recorder or other officer in charge of elections shall publish a list of all voters who are registered to vote in the election, including persons who are on the inactive voter list. The list shall be limited to the voters' names, years of birth, street addresses and precinct numbers. For voters who are protected pursuant to sections 11-483 and 11-484 or who are ENROLLED in the ADDRESS confidentiality PROGRAM established PURSUANT to section 41-162, the list shall include only the total number of VOTERS by precinct NUMBERS. The county recorder shall post this information on the county recorder's website and shall not post the voter's personal IDENTIFYING information.
2. After the primary and general election and not later than forty-eight hours after the delivery of the official county canvass, the county recorder or other officer in charge of ELECTIONS shall submit to the secretary of state, who shall immediately post online in a convenient downloadable format, all of the following:
(a) A LIST OF ALL PERSONS WHO VOTED IN THE ELECTION. The list shall be lIMITED TO the voter's NAMES, YEARS OF BIRTH, STREET ADDRESSES AND PRECINCT NUMBERS. For voters who are protected pursuant to sections 11-483 and 11-484 or who are ENROLLED in the ADDRESS confidentiality PROGRAM established PURSUANT to section 41-162, the list shall include only the total number of VOTERS by precinct NUMBERS. The county recorder shall post this information on the county recorder's website and shall not post a voter's personal identifying information.
(b) All ballot images used in the tabulation of the election. IF A BALLOT HAS BEEN ADJUDICATED OR DUPLICATED, THE ADJUDICATED OR DUPLICATED BALLOT image SHALL BE POSTED ONLINE TOGETHER WITH THE ORIGINAL ballot. Ballot images for precincts with fewer than ten registered voters shall be combined with adjacent precincts in reporting to ensure the protection of the secret ballot.
(c) The cast vote record in a sortable format.
3. The county recorder or other officer in charge of elections shall ensure that paper ballots are stored in a manner that allows for convenient retrieval.
4. A PERSON SHALL NOT USE FOR COMMERCIAL PURPOSES A VOTER LIST THAT IS PUBLISHED OR POSTED PURSUANT TO THIS SECTION. THE TOTAL NUMBER OF PROTECTED VOTERS SHALL BE INCLUDED ON THE LISTS PRESCRIBED BY THIS SECTION WITHOUT INCLUDING ANY NAMES, ADDRESSES OR OTHER INFORMATION FOR THOSE PROTECTED VOTERS and shall suppress precinct or precinct split information for those protected voters. Precincts or precinct splits that contain fewer than ten voters shall be combined with adjacent precincts in reporting to ensure the protection of the secret ballot.
B. 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.
C. ANY PERSON MAY VIEW, DOWNLOAD OR PRINT ONE OR MORE ONLINE DIGITAL COPIES OF BALLOT IMAGES BUT SHALL NOT ALTER THE CONTENTS OF AN IMAGE OR A CAST VOTE RECORD FROM THE DATABASE. A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A CLASS 1 MISDEMEANOR.
D. FOR THE PURPOSES OF THIS SECTION:
1. "CAST VOTE RECORD" MEANS ELECTRONIC RECORDS OF THE VOTERS' SELECTIONS AS CAPTURED BY A TABULATION DEVICE FROM A BALLOT OR A BALLOT IMAGE THAT CANNOT BE LINKED TO A SPECIFIC VOTER.
2. "PERSONAL IDENTIFYING INFORMATION" MEANS THE VOTER'S MONTH AND DAY OF BIRTH, DRIVER LICENSE NUMBER, NONOPERATING IDENTIFICATION LICENSE NUMBER, SOCIAL SECURITY NUMBER OR PORTION OF THAT NUMBER, INDIAN CENSUS NUMBER, FATHER'S NAME, MOTHER'S MAIDEN NAME and STATE AND COUNTY OF BIRTH, THE RECORDS THAT CONTAIN A VOTER'S SIGNATURE AND the VOTER'S EMAIL ADDRESS.
Sec. 2. Section 16-673, Arizona Revised Statutes, is amended to read:
16-673. Statement of contest; verification; filing
A. The elector contesting a state election shall, within five seven days after completion of the canvass of the election and declaration of the result thereof by the secretary of state or by the governor, shall file in the court in which the contest is commenced a statement in writing setting forth:
1. The name and residence of the party person contesting the election, and that he the person is an elector of the state and county in which he the person resides.
2. The name of the person whose right to the office is contested, or the title of the measure, or constitutional amendment, or other proposition as it appeared upon on the official ballot.
3. The office the election to which is contested.
4. The particular grounds of the contest.
B. The statement shall be verified by the affidavit of the contestor that he the contestor believes the matters and things therein contained in the statement are true.