HB 2560
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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
House Engrossed
Overview
Directs the County Recorder to transmit to the Secretary of State to post on a secure website: a
list of all registered voters before an election, a list of all persons who voted in the election, the
unaltered images of ballots used to tabulate election results and the cast vote record in a sortable
format.
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
Pre-Election Voter Registration List
1. Instructs the County Recorders to prepare a list of all registered voters, including persons on
the inactive voter list, at least 10 days before each election. (Sec. 1)
2. Limits the information the County Recorders may include in the specified voter registration list
to the voters' full registered names, years of birth, street addresses and precinct numbers.
(Sec. 1)
3. Specifies the list may include secured registrants and voters enrolled in ACP by total number
only. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2560
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4. Directs the County Recorders to transmit the list to the Secretary of State who is instructed to
immediately post the information on a secure website in a convenient downloadable format.
(Sec. 1)
5. Prohibits the County Recorders from including any personal identifying information in the list
transmitted to the Secretary of State. (Sec. 1)
Post-Election Requirements
6. Directs the County Recorder or county officer in charge of elections to submit the following
information to the Secretary of State for posting no later than 48 hours after the official county
canvass:
a) A list of all persons who voted in the election;
b) The unaltered images of all ballots used in the tabulation of the election; and
c) The cast vote record in a sortable format. (Sec. 1)
7. Specifies the list of persons who voted in the election must be limited to the voters' names,
years of birth, street addresses and precinct numbers. (Sec. 1)
8. Instructs the County Recorder or officer in charge of elections to include only the total number
of secured registrants and ACP enrollees in the list of persons who voted in the election. (Sec.
1)
9. Prohibits the County Recorder from including any personal identifying information in the
transmission to the Secretary of State. (Sec. 1)
10. Specifies the County Recorder or county officer in charge of elections does not need to
transmit images of original large format braille ballots, Uniformed and Overseas Citizens
Absentee Voting Act ballots and summary reports for each batch for counties whose election
management system does not tie images or electronically adjudicated ballots to underlying
ballot images. (Sec. 1)
11. States if a ballot has been adjudicated or duplicated, the adjudicated or duplicated ballot
image must be transmitted together with the original ballot image. (Sec. 1)
12. Specifies, for duplicated ballots, if an image of the original ballot was created during the
duplication process, the image of the original ballot must also be transmitted. (Sec. 1)
Electronic Data Portal
13. Directs the Secretary of State to establish and administer an electronic portal to manage
requests for access to the materials made available by this law. (Sec. 1)
14. Requires the following information to be submitted to the Secretary of State following a request
for access to the electronic data portal:
a) The name, address, email address, telephone number and proof of identity of the person;
and
b) A signed declaration stating the person will not use the material for commercial purposes
or voter intimidation and will not alter the ballot images. (Sec. 1)
Precincts and Precinct Splits
15. Prescribes the following requirements for precincts and precinct splits that contain fewer than
25 registered voters:
a) Only the total number of voters may be included in the specified voter lists; and
b) Only the total number of ballot images and cast vote records may be transmitted to the
Secretary of State. (Sec. 1)
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Miscellaneous
16. Requires the County Recorder or county officer in charge of elections to store paper ballots
in a manner that allows for convenient retrieval. (Sec. 1)
17. Prohibits the use of any portion of a voter list or ballot image made available by this law for
any commercial purposes. (Sec. 1)
18. Specifies that certain information, such as precinct numbers and precinct split information,
must be suppressed from the specified voter lists for secured registrants and ACP enrollees.
(Sec. 1)
19. Exempts the Secretary of State, County Recorder or other county officer in charge of elections
from liability concerning any personal identifying information, handwritten statements or other
notations made or provided by the voter that are included in the ballot images. (Sec. 1)
20. States a person who uses any portion of a voter list made available by this law for commercial
purposes or a person who alters any information or images received through the electronic
data portal is guilty of a class 5 felony. (Sec. 1)
21. Prohibits the Secretary of State, County Recorder or county officer in charge of elections from
altering or adding any voter data as part of any security measure used to implement this law.
(Sec. 1)
22. 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)
23. Defines cast vote record and personal identifying information. (Sec. 1)
24. Makes technical changes. (Sec. 2)