Arizona 2023 2023 Regular Session

Arizona House Bill HB2691 Comm Sub / Analysis

Filed 02/13/2023

                      	HB 2691 
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ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
 
 
HB2691: elections; ballot chain of custody 
Sponsor: Representative Heap, LD 10 
Committee on Municipal Oversight & Elections 
Overview 
Specifies the chain of custody standards that must be maintained during the transfer of ballot 
boxes, delivery of voted ballots, duplication of ballots and tabulation of ballots. 
History 
The County Recorder or other officer in charge of elections must designate two ballot retrievers 
from two differing political parties to retrieve voted ballots from a ballot drop-off location or drop-
box. Upon arrival, the ballot retrievers must note the location and identification number of the 
drop-box and the date and time of the arrival on the prescribed retrieval form that is to be provided 
by the county recorder or other officer in charge of elections.  
A chain of custody for accessible voting devices must be tracked and logged by a team of two 
election board workers or staff of the County Recorder or other officer in charge of elections. The 
log must include: the seal numbers on the device; for devices that mark and tabulate, the number 
of votes cast at the time the device was turned on and the number of votes cast at the time the 
device was turned off; and a place for the two board workers or county staff to initial or sign 
verifying the information (Elections Procedures Manual 2019).  
For any statewide, county or legislative election, the County Recorder or officer in charge of 
elections must provide a live video recording of the custody of all ballots while the ballots are 
present in a tabulation room in the counting center. The live video recording must include date 
and time indicators and shall be linked to the Secretary of State's website. The County Recorder 
or other officer in charge of elections shall maintain chain of custody records for all election 
equipment and ballots during early voting through the completion of provisional voting tabulation 
(A.R.S. 16-621). 
Provisions 
1. Adds that all ballot boxes must have a tamper evident seal. (Sec. 1) 
2. Mandates that a law enforcement officer must aid in the transfer of the ballot box. (Sec. 1) 
3. Specifies the details that must be included in a chain of custody report for the opening or 
transferring of a ballot box. (Sec. 1, 3) 
4. Requires the County Recorder or other officer in charge of elections to prepare a chain of 
custody report for the transportation and delivery of voted ballots. (Sec. 2) 
5. States that all damaged or defective ballots that are replaced with a duplicate ballot must be 
recorded in a detailed chain of custody report. (Sec. 3) 
6. Adds that the live video recording for the custody of ballots must include the signature 
verification process and each signature verification workstation. (Sec. 3) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2691 
Initials JH/IG 	Page 2 	Municipal Oversight & Elections 
7. Mandates that the live video recording for the custody of ballots must provide full visibility of 
all ballots. (Sec. 3) 
8. Instructs the County Recorder or other officer in charge of elections to keep a specified record 
of all voting irregularities. (Sec. 3) 
9. Directs the County Recorder or other officer in charge of elections to provide a copy of the 
voting irregularity record to specified members of the Legislative and Executive Branches. 
(Sec. 3)