HB 2307
Initials JH Page 1 Municipal Oversight & Elections
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2307: elections; hand counting; machines; prohibition
Sponsor: Representative McGarr, LD 17
Committee on Municipal Oversight & Elections
Overview
Requires all votes be tabulated by hand in city, town and county elections.
History
Help America Vote Act of 2002
U.S. Const., Art. I § 4 delegates the power to establish the times, places and manner of elections
to the states, while reserving the power to make or alter those regulations for Congress. In 2002,
Congress passed the Help America Vote Act (HAVA) which established minimum requirements
for voting systems used in elections for federal offices and authorized the Attorney General to
bring civil action against any state or jurisdiction for specified instances of noncompliance (P.L.
107-252).
Voting Equipment
Laws 2003, Chapter 260 adjusted Arizona's voting laws to comply with HAVA. As part of this law,
Boards of Supervisors were required to provide at least one voting device that complies with
HAVA and is certified by the Secretary of State at each polling place by January 1, 2006. Arizona
law still requires the allocation of at least one voting device at each polling place. The officer in
charge of elections may allocate additional voting devices at their discretion. The machines or
devices used at any election for federal, state or county offices are required to comply with HAVA
and be tested and approved by a laboratory that is accredited under HAVA (A.R.S. § 16-447).
Municipal Elections
The conduct of elections for a city or town must conform as nearly as possible to the provisions
of law relating to the general election of county officers. Duties delegated to the Secretary of
State in other elections are delegated to the mayor or similar governing officer, board or
commission in city or town elections. Similarly, duties prescribed for the Clerk of the Board of
Supervisors are delegated to the city or town clerk (A.R.S. §§ 9-891, 16-403).
Provisions
1. Requires all votes to be tabulated by hand for any city, town or county election. (Sec. 1)
2. Prohibits the use of tabulating machines to count votes in any city, town or county election.
(Sec. 1)
3. Contains a conforming legislation clause. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note