Arizona 2023 2023 Regular Session

Arizona House Bill HB2560 Comm Sub / Analysis

Filed 02/10/2023

                      	HB 2560 
Initials JH 	Page 1 	Caucus & COW 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
House: MOE DPA 6-4-0-0 
 
HB 2560: images; voter lists; records; contest. 
Sponsor: Representative Toma, LD 27 
Caucus & COW 
Overview 
Requires the County Recorder to provide, and the Secretary of State to post, specified election 
information including: a list of persons who voted in the election, all ballot images used to tabulate 
the election results and the cast vote record.    
History 
Arizona Voter Identification Database 
As of 2019, the State of Arizona has operated a voter registration and election management 
system called the Arizona Voter Information Database (AVID). 13 counties directly use AVID to 
input voter registration and election information while Maricopa and Pima County have individual 
systems that are linked to AVID through an interface.  The statewide database is administered by 
the Secretary of State and individual voter registration records are entered into the system by the 
County Recorder (A.R.S. § 16-168, EPM).  
Digital Ballot Images 
While not all systems capture digital ballot images, systems that do capture digital ballot images 
must meet certain minimum requirements to demonstrate the functionality of the system, as 
specified by the Secretary of State. The demonstration of functionality test includes an 
examination of whether the system produces digital images of readable quality and whether the 
digital images are capable of being sorted by criteria (EPM).  
Secured Registrants 
An individual may request voter registration records from either the Secretary of State or the 
County Recorder.  Certain individual's voter registration records must be generally shielded from 
public disclosure.  There are three categories of secured registrants: 1) protected government 
officials; 2) protected victims; and 3) individuals enrolled in the Secretary of State's Address 
Confidentiality Program (ACP). The Secretary of State provides ACP participants with substitute 
addresses for public disclosure purposes (A.R.S. §§ 16-153, 41-162).  
Provisions 
1. Instructs the County Recorder or officer in charge of elections to publish, no later than 10 days 
before each election, a list of all voters registered to vote in the election and specifies the 
information that must be included and excluded from the list. (Sec. 1) 
2. Requires the county recorders to submit the following information to the Secretary of State for 
posting:  
a) A list of all persons who voted in the election, with specified limitations and requirements 
for what information may be posted;  
b) All ballot images used in the tabulation of the election, including adjudicated and 
duplicated ballot images; and  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2560 
Initials JH 	Page 2 	Caucus & COW 
c) The cast vote record in a sortable format. (Sec. 1) 
3. Specifies the County Recorder or officer in charge of elections must ensure paper ballots are 
stored in a manner that allows for convenient retrieval. (Sec. 1) 
4. Prohibits a person from using a published or posted voter list for commercial purposes. (Sec. 
1) 
5. Requires the total number of protected voters to be included on the published or posted lists 
excluding the names, addresses or other information for those protected voters. (Sec. 1) 
6. Authorizes information from precincts or precinct splits to be combined, provided the precinct 
or precinct split contains fewer than 10 voters. (Sec. 1) 
7. Asserts that 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. (Sec. 1) 
8. Allows any person to view, download or print one or more online digital copies of ballot images. 
(Sec. 1) 
9. Specifies a person who alters the contents of an image or a cast vote record from the database 
commits a class 1 misdemeanor. (Sec. 1) 
10. Increases the time period in which an elector may contest an election from five days to seven 
days after the completion of the canvass. (Sec. 2) 
11. Defines cast vote record and personal identifying information. (Sec. 1) 
12. Makes technical changes. (Sec. 2) 
Amendments 
Committee on Municipal Oversight & Elections 
1. Specifies that protected voters will be included on the specified lists by total number only. 
2. Requires posted ballot images to be unaltered.  
3. Modifies the definition of cast vote record.