Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1175 Comm Sub / Analysis

Filed 03/02/2023

                    Assigned to ELEC 	AS PASSED BY COW 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
AMENDED  
FACT SHEET FOR S.B. 1175 
 
registrations; observers; counting procedures; verification 
Purpose 
Effective January 1, 2024, expands access to precinct registers and information derived 
from voter registration forms. Outlines procedures for a hand count audit if a political party 
provides an insufficient number of board workers to conduct the hand count audit. Modifies 
requirements for video recording and observation of a hand count audit. Allows political party 
challengers and observers to be designated for specified locations.  
Background 
Precinct registers and other lists and information derived from voter registration forms may 
only be used for: 1) purposes relating to a political or political party activity, political campaign or 
election; 2) revising election district boundaries; or 3) any other purpose authorized by law. A 
county recorder, the Secretary of State (SOS) or an officer in charge of elections, on a request for 
an authorized use, must prepare additional copies of the list and furnish them to any requesting 
person on payment of a statutory fee, based on the number of voter registration forms provided. 
Any person in possession of a precinct register or list may not allow the register or list to be used, 
bought, sold or transferred for any non-authorized purpose (A.R.S. § 16-168).  
A county officer in charge of elections must conduct a limited hand count audit for each 
countywide primary, special, general and presidential preference election. The county chair of each 
political party must designate and provide the number of election board members designated by 
the county officer in charge of elections to perform the hand count under the supervision of the 
county officer in charge of elections. The hand count audit may not proceed unless: 1) the political 
parties provide the county recorder or other officer in charge of elections with a sufficient number 
of persons by 5:00 p.m. on the Thursday before the election; and 2) a sufficient number of persons 
arrive to perform the hand count. The hand count may not be conducted if more than 75 percent 
of the persons performing the hand count are from the same political party. The results of the hand 
count audit must be provided to the SOS and made publicly available on the SOS's website (A.R.S. 
§ 16-602). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
Precinct Registers and Voter Registration Forms 
1. Expands the authorized uses of precinct registers and other lists of information derived from 
voter registration forms to any noncommercial use, rather than only for:  
a) purposes relating to a political or political party activity, political campaign or an election; 
   FACT SHEET – Amended 
S.B. 1175 
Page 2 
 
 
b) revising election district boundaries; or 
c) any other purpose specifically authorized by law 
2. Requires a county recorder, the SOS or an officer in charge of elections to provide for 
electronic access to voter registration information. 
3. Requires a county recorder, the SOS or an officer in charge of elections to prepare additional 
copies of the official precinct list for any person who:  
a) establishes an electronic profile with the information provider;  
b) attests that the information will not be used for a commercial purpose; and  
c) pays a statutorily prescribed fee, based on the number of voter registration records provided. 
4. Removes the prohibition on any person in possession of a precinct register or list or any 
reproduction of a precinct register or list from allowing the register or list to be used, bought, 
sold or otherwise transferred for any purpose not specifically authorized by statute. 
5. Removes the prohibition on any person in possession of information derived from voter 
registration forms or precinct registers from distributing, posting or providing access to any 
portion of the information through the internet. 
6. Allows for the public posting of voter registration records and applies outlined restrictions for 
public inspection to the public posting. 
Political Party Challengers and Observers 
7. Adds, to locations for which the county chairperson of each political party may designate a 
party agent or representative to act as challenger, a:  
a) voting center; and  
b) location at which electronic processing of ballots occurs. 
8. Allows the appointment of a party agent or representative for an authorized location to be made 
as follows:  
a) if the county party chairperson fails to make an appointment, the state party chairperson; 
and  
b) if the state party chairperson fails to make an appointment, the applicable legislative district 
party chairperson. 
9. Allows the county chairperson of each political party, by written appointment addressed to the 
county officer in charge of elections, to designate a party representative to observe proceedings 
at a third-party vendor that processes returned affidavit envelopes on behalf of the county. 
10. Allows, if more than one county contracts with the same vendor to process returned affidavit 
envelopes or if the county party chairperson does not appoint a party representative, the state 
party chairperson to make the designation. 
Hand Count Audit 
11. Requires a county officer in charge of elections to publish the procedures for the hand count 
audit, including the times and locations, on the county's website by the Tuesday before election 
day.  FACT SHEET – Amended 
S.B. 1175 
Page 3 
 
 
12. Subjects the hand count audit to statutory requirements for live video recordings in the same 
manner as required for proceedings at a counting center. 
13. Allows, if a county party chairperson fails to designate a sufficient number of board workers 
to perform a hand count audit, the designation of board workers to be made by the:  
a) state party chairperson; or  
b) applicable legislative district party chairperson, if the state party chairperson fails to 
designate board workers. 
14. Prohibits the hand count audit from proceeding unless the names of a sufficient number of 
persons are provided in writing by the recognized political parties or a single political party 
and a sufficient number of persons arrive to perform the hand count audit. 
15. Requires a county officer in charge of elections, if the political parties do not provide a 
sufficient number of persons by 9:00 a.m. on the Thursday before an election, to prepare a list 
of qualified electors who are provided by any political party in Arizona. 
16. Requires a county officer in charge of elections to provide the list of qualified electors to the 
county chairperson of each recognized political party in the county by 5:00 p.m. on the Friday 
before an election. 
17. Requires, if a recognized political party provides an insufficient number of persons to conduct 
a hand count audit, the hand count audit to proceed without regard to the political party 
affiliations of the qualified electors conducting the hand count. 
18. Requires a county to make the results of a hand count audit available on the county's website. 
19. Requires proceedings at a hand count location to be under the direction of a county board of 
supervisors or other officer in charge of elections. 
20. Requires access to and selection of representatives of a candidate or political committee to be 
provided for a hand count audit in the same manner as proceedings at a counting center. 
Miscellaneous 
21. Requires the electronic vote adjudication process to provide for the observation of the 
electronic vote adjudication board's activities by observers. 
22. Allows a voter to make a verbal request for removal from the active early voting list if the 
request includes information sufficient to verify the voter's identity. 
23. Prohibits, beginning on January 1, 2024, an elector's political party from being included in the 
signature images provided for signature verification on any new signatures added. 
24. Requires the county recorder or other officer in charge of elections to provide voters with 
access to the early ballot tracking system on the county's website.  
25. Makes technical and conforming changes. 
26. Becomes effective on January 1, 2024. 
   FACT SHEET – Amended 
S.B. 1175 
Page 4 
 
 
Amendments Adopted by Committee of the Whole 
1. Removes the requirement for the county recorder or other officer in charge of elections to 
redact an elector's designated political party on an elector's registration record. 
2. Prohibits, beginning on January 1, 2024, an elector's political party from being included in the 
signature images provided for signature verification on any new signatures added. 
3. Removes the requirement that a true duplicate copy of a damaged or defective ballot must be 
made by hand. 
Senate Action  
ELEC 2/6/23 DP 5-3-0  
Prepared by Senate Research 
March 2, 2023 
AN/slp