Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1570 Comm Sub / Analysis

Filed 03/08/2022

                    Assigned to GOV 	AS PASSED BY COW 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
AMENDED 
FACT SHEET FOR S.B. 1570 
 
election equipment; security; results; tabulation 
Purpose 
 Outlines requirements for voting equipment chain of custody, internet or remote access 
and accessible ports. Classifies, as a class 2 misdemeanor, knowingly violating requirements 
relating to voting equipment specifications and chain of custody and certain counting central 
procedures.  
Background 
All components of a voting system must be certified by the Secretary of State prior to use 
in any election for federal, state or county office (A.R.S. § 16-442). A voting system is the total 
combination of mechanical, electromechanical or electronic equipment that is used to define 
ballots, cast and count votes, report or display election results and maintain and produce any audit 
trail information, which includes electronic voting equipment and an election management system 
used to tabulate ballots (52 U.S.C. § 21081; EPM Ch. 4 (1)).  
Components of an electronic voting system may not be connected to the internet, any 
wireless communication device or any external network, except for electronic poll books. An 
election management system must be a stand-alone system attached only to components inside an 
isolated network. Hardware components of the electronic voting system must be sealed with 
tamper-resistant or tamper-evident seals once programmed, which must be logged as 
corresponding with particular voting equipment. Any hardware components must be witnessed by 
two or more election staff members when moved or transferred and an inventory of the equipment 
and chain of custody before and after the move or transfer must be documented (EPM Ch. 4 (III)).  
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
Provisions 
1. Prohibits any voting equipment used in a polling place or voting center or any tabulation 
equipment used at a central counting center or other tabulation center from having internet 
access. 
2. Requires any voting equipment used in a polling place or voting center to prohibit access by 
any means to any data or results. 
3. Exempts electronic pollbooks used by poll workers from the prohibition on voting equipment 
at a voting location having internet access.   FACT SHEET – Amended  
S.B. 1570 
Page 2 
 
 
4. Requires any tabulation equipment used in a central counting center or other tabulation center 
to prohibit access by any means to any data or results until used by authorized election 
personnel. 
5. Requires an accessible port on any voting equipment or tabulation equipment to be locked with 
a tamper-proof seal and logged in a chain of custody document when broken or accessed. 
6. Requires the delivery, use and return of voting equipment to be logged on a chain of custody 
document so that the name and signature of every person who delivers, receives, uses and 
returns the equipment is recorded and retained as an official elections record.  
7. Requires the use and return of equipment that contains election results and data, including any 
removable storage device, to be logged on a chain of custody document so that the name and 
signature of every person who delivers, receives, uses and returns the storage device or 
equipment is recorded and retained as an official elections record.  
8. Restricts who may be present at the tabulation of votes to only authorized personnel, including 
political party observers.  
9. Requires all activities at a counting center to be included on a nonstop video that is posted on 
the county website. 
10. Requires the election process to continue without regard to whether observers are present. 
11. Prohibits observers from being allowed in county vehicles. 
12. Classifies, as a class 2 misdemeanor, knowingly violating:  
a) the prohibition on internet access and data access in voting equipment and tabulating 
equipment; 
b) requirements related to accessible ports and chain of custody documentation for voting 
equipment and tabulating equipment; 
c) the requirement that only authorized personnel be present for the tabulation of votes; and 
d) the requirement that all activities at a counting center be included on a nonstop video. 
13. Becomes effective on the general effective date. 
Amendments Adopted by Committee of the Whole 
1. Requires a person to knowingly violate specified requirements related to election equipment 
access in order to be guilty of a class 2 misdemeanor.   
2. Exempts electronic pollbooks used by poll workers from the prohibition on voting equipment 
at a voting location having internet access.  
3. Requires the election process to continue without regard to whether observers are present. 
4. Prohibits observers from being allowed in county vehicles. 
5. Makes a conforming change.   FACT SHEET – Amended  
S.B. 1570 
Page 3 
 
 
Senate Action 
GOV 2/14/22  DP  4-3-0 
Prepared by Senate Research 
March 7, 2022 
MH/slp