Assigned to GOV AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1055
election process; contractors and contracts
Purpose
Deems a contractor that enters into a contract to provide election-related equipment or
services and that fails to perform its obligations under the terms of the contract liable for liquidated
damages. Classifies knowingly failing to perform contractual obligations by a contractor providing
election-related equipment or services as a class 2 misdemeanor.
Background
Machines or devices used at any election for federal, state or county offices may only be
certified for use in Arizona and may only be used in Arizona if they have been tested, approved
and comply with the Help America Vote Act of 2002. If approved, the electronic management
system or vote tabulating device may be used at any or all elections for voting, recording and
counting votes cast in an election. The Secretary of State (SOS) may revoke the certification of
any voting system or device for use in any election in Arizona if certain conditions are met
(A.R.S. § 16-442). In reaching a preliminary decision to decertify, the SOS may take seven factors
into account, including if there was any material breach of contact with any Arizona jurisdiction
(EPM Ch. 4 (I)(B)).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Deems a contractor that enters into a contract with Arizona or a county to provide election-
related equipment or services and that fails to perform its obligations under the terms of the
contract liable for liquidated damages in an amount equivalent to the amount paid under the
terms of the contract.
2. Classifies, as a class 2 misdemeanor, knowingly failing to perform contractual obligations by
a contractor regarding state or county election related equipment or services.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
• Requires a contractor that provides election-related equipment or services to knowingly fail to
perform contractual obligations in order to be guilty of a class 2 misdemeanor.
FACT SHEET – Amended
S.B. 1055
Page 2
Senate Action
GOV 1/31/22 DP 4-3-0
Prepared by Senate Research
March 10, 2022
MH/HW/slp