ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: JUDE DP 4-3-0-0 | 3^rd Read: 17-11-2-0 House: FMAE DP 3-2-1-1

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SB 1064: voting; equipment; internet; custody; violation

Sponsor: Senator Finchem, LD 1

Caucus & COW

Overview

Establishes minimum standards for vote recording and tabulating machines and creates prohibitions relating to equipment's internet access, accessible ports and security.

History

The Secretary of State is required to appoint a three-member committee consisting of an engineer, a member of the Arizona's State Bar and a person familiar with voting processes in the state.  This committee investigates and tests vote recording and tabulation machines.  Logic and accuracy (L&A) tests are also done to ensure candidates and ballot measures receive an accurate number of votes.  L&A test must be done by the Secretary of State in any election with a federal, statewide or legislative office.  Additionally, final approval of voting equipment is done by the Secretary of State and machines may only be used if they are in compliance with the Help America Vote Act of 2002 (A.R.S. §§ 16-442, 16-449, 2023 EPM).

Chain of custody procedures are prescribed in the 2023 Election Procedures Manual.  These procedures contain instructions for ballot retrieval, identification, record keeping and inspection.  In addition, a County Recorder may establish and implement additional chain of custody procedures (2023 EPM).

Provisions

1. Establishes the following minimum standards for vote recording and tabulating machines and devices:

a) operating systems and software must be configured to the appropriate level of security consistent with best practices in standards issued by the United States Department of Homeland Security Cybersecurity and Infrastructure Security Agency;

b) no hardware installed that supports internet connectivity or any other form of remote access or software that allows any change to results in files or a database;

c) allow for the usage and tracking of voters based on unique credentials that are changed at least once per election cycle;

d) election software logs are maintained and deletions of ballot images, windows event logs and results files are properly logged and tracked; and

e) specified data from the previous provisions must be maintained for 22 months as election data. (Sec. 1)

2. Prohibits voting and tabulation equipment used in a polling place, voting center, tabulation center or central counting center from having internet access. (Sec. 2, 3)

3. Specifies voting and tabulation equipment must prohibit access, by any means, to any data or results. (Sec. 2, 3)

4. Mandates, for equipment with accessible ports, the port be locked with a tamper-proof seal and logged in the chain of custody document. (Sec. 2, 3)

5. Requires the delivery, use and return of voting equipment and other equipment containing election results and data to be logged on the chain of custody document in a manner so that the name and signature of all person's who interacted with the equipment is recorded retained as an official election record. (Sec. 2, 3)

6. Mandates that two observers of differing political parties, be present at all times during the removal of a storage device and transportation of the device. (Sec. 3)

7. Prohibits the removable storage device from being under the sole custody and control of any one person. (Sec. 3)

8. Designates any violation of the prescribed security and custody procedures a class 1 misdemeanor. (Sec. 2, 3)

9. States that only authorized personnel, including political party observers, may be present during the tabulation of votes. (Sec. 3)

10. Requires all activities at the counting center to be included in a nonstop video posted on the county's website. (Sec. 3)

11. Makes technical and conforming changes. (Sec. 1)

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15.                   SB 1064

16. Initials JH/SR     Page 0 Caucus & COW

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