Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1175 Comm Sub / Analysis

Filed 03/23/2023

                      	SB 1175 
Initials JH/IG 	Page 1 	Caucus & COW 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: ELEC DP 5-3-0-0 | 3
rd
 Read: 16-13-1-0 
House: MOE DP 6-4-0-0 
 
SB1175: registrations; observers; counting procedures; verification 
Sponsor: Senator Kavanagh, LD 3 
Caucus & COW 
Overview 
Authorizes the expanded use of precinct registers and voter registration forms. Entitles ballot 
observers and party representatives to additional privileges. Outlines the procedures if a political 
party provides an insufficient amount of election board workers to conduct a hand count audit.   
History 
Precinct Registers 
Information derived from precinct registers and voter registration forms are only to be used for the 
purposes authorized by law, such as political party campaigning or revising election district 
boundaries. Precinct registers contain the full name, party preference, date of registration and 
residential address of each qualified elector in that respective precinct. The County Recorder and 
Secretary of State (SOS) are required to prepare copies and distribute them upon the request for 
an authorized use. Precinct registers or lists may not be used, bought, sold or transferred for any 
non-authorized purposes (A. R. S. § 16-168).  
Ballot Observers 
The county chairman of each party, by written appointment to the election board, may designate 
party representatives in each precinct to act as ballot challengers for the party. The number of 
representatives for each party must be mutually agreed upon by each political party. If an 
agreement cannot be reached, the number will be limited to one representative for each political 
party at the polling place (A. R. S. § 15-590). 
Hand Count Audit 
The county officer in charge of elections is required to conduct a hand count of a sample of ballots 
to test the accuracy of the vote tabulation equipment if there is equal participation from the county 
political parties. Following the 2022 general election, 12 of Arizona's 15 counties completed a 
hand count audit. Each of the 12 participating counties passed the hand count audit with minor 
discrepancies that were deemed acceptable. Apache, Graham and La Paz did not conduct a hand 
count because the County Chairs of two political parties did not designate the required number of 
members for the hand count election board (A. R. S. § 16-602). 
Provisions 
Authorized Use of Precinct Registers and Registration Forms 
1. States precinct registers and other information derived from voter registration forms may not 
be used for any commercial purposes. (Sec. 1) 
2. Requires the County Recorder, SOS or other officer in charge of elections to provide electronic 
access to voter registration information 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 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1175 
Initials JH/IG 	Page 2 	Caucus & COW 
c) Pays a fee. (Sec. 1) 
3. Repeals statute that prohibits a person from distributing, transferring or posting the information 
from a precinct register or voter registration form. (Sec. 1) 
4. Allows for public posting of voter registration records under specified circumstances. (Sec. 1) 
Ballot Challengers and Observers 
5. Expands the locations that allow designated ballot challengers to include voting centers and 
any location where the electronic processing of ballots occurs. (Sec. 5) 
6. Directs the state party chairperson to appoint a party representative for a voting location if the 
county party chairperson fails to do so. (Sec. 5) 
7. Instructs the legislative district chairperson to appoint a party representative for a voting 
location if the state party chairperson fails to do so. (Sec. 5) 
8. Allows for the observation of the electronic vote adjudication board's activities. (Sec. 7) 
9. Grants the county chairman of each party to designate a party representative to observe the 
proceedings at a third-party vendor that processes returned affidavit envelopes on behalf of a 
county. (Sec. 8) 
10. Directs the state party chairman to designate a party representative if more than one county 
contracts with the same vendor or if the county party chairman fails to make the designation. 
(Sec. 8) 
Hand Count Procedures 
11. Requires the county officer in charge of the election to publish the procedures for the hand 
count on the county's website no later than the Tuesday before election day. (Sec. 6) 
12. Directs the state party chairperson to designate qualified electors to be board workers if the 
county party chairperson fails to designate a sufficient number. (Sec. 6) 
13. Instructs the legislative district chairperson of the district in which the hand count will occur to 
designate qualified electors to be board workers if the state party chairperson fails to 
designate a sufficient number. (Sec. 6) 
14. Outlines specified procedures if the number of persons provided by the political parties is 
determined to be insufficient to perform the hand count by 9:00 am on the Thursday before 
the election. (Sec. 6) 
15. Requires the county to make the results of the hand count available on the county's website. 
(Sec. 6) 
16. Expands language to include the hand count locations regarding proceedings at the counting 
center. (Sec. 7) 
Miscellaneous 
17. Allows a voter to make a verbal request to be removed from the active early voting list. (Sec. 
2) 
18. Prohibits signature images that are submitted for verification purposes from indicating the 
voter's designated political party. (Sec. 3) 
19. Requires the County Recorder to provide an early ballot tracking system that is accessible to 
voters on the county's website. (Sec. 3) 
20. Contains a delayed effective date of January 1, 2024. (Sec. 9) 
21. Makes technical and conforming changes. (Sec. 1-3, 5-7)