Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1144
electronic ballot adjudication; prohibition
Purpose
Prohibits the use of an electronic vote adjudication system and requires, for damaged or
defective ballots that cannot be properly counted by the automatic tabulating equipment, a
duplicate copy of the ballot to be made by hand.
Background
If any ballot is damaged or defective and cannot be properly counted by automatic
tabulating equipment, a duplicate copy must be made of, and substituted for, the damaged or
defective ballot in the presence of witnesses. If the counting center automatic tabulating equipment
includes a certified electronic vote adjudication feature, the county board of supervisors (county
BOS) or officer in charge of elections must appoint an electronic vote adjudication board
(adjudication board). The adjudication board must: 1) adjudicate and submit for tabulation a ballot
that is read by the tabulation machine as blank to determine if voter intent is clear; or 2) tally
write-in choices. The electronic vote adjudication process used by the adjudication board must
provide for: 1) a method to track and account for the original ballot and the digital duplicate of the
ballot created by the electronic vote adjudication feature that includes a serial number on the digital
image; 2) logs of all digital duplication and adjudication actions performed by an adjudication
board; and 3) the retention of the original ballot and the digital duplicate of the ballot (A.R.S.
ยง 16-621).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits the county BOS and officer in charge of elections from using an electronic vote
adjudication system.
2. Requires, for a ballot that is damaged or defective and cannot be properly counted by the
automatic tabulating equipment, a true duplicate copy of the damaged or defective ballot to be
made by hand.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 26, 2023
AN/slp