Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1565
ballot processing; electronic adjudication; limitation
Purpose
Prohibits the use of machines, devices, firmware or software that contain artificial
intelligence or learning hardware, firmware or software for an election in Arizona.
Background
The Secretary of State (SOS) must appoint a three-member committee to investigate and
test various types of vote recording and tabulating machines or devices that may be used for
elections. The committee must submit recommendations to the SOS, who makes final adoption of
the types, makes and models of elections machines and devices to be certified for use in Arizona.
After consultation with the committee, the SOS must adopt standards for the loss of certification
for elections machines and devices. The SOS may revoke the certification of any voting system or
device if the person or firm: 1) installs, uses or allows the use of a voting system or device that is
not certified for use or approved for experimental use in Arizona; or 2) uses or includes hardware,
firmware or software in a version that is not certified for use or approved for experimental use in
a certified voting system or device. Elections machines and devices may only be used if it has been
tested and approved by a laboratory that is accredited pursuant to the Help America Vote Act of
2002. The SOS or a governing body may provide for the experimental use of a voting system or
device without a final adoption of the system or device and its use would be as valid as if the
machines had been permanently adopted (A.R.S. § 16- 442).
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 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. § 16-621).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
FACT SHEET
S.B. 1565
Page 2
Provisions
1. Prohibits the use of machines, devices, firmware or software that contain artificial intelligence
or learning hardware, firmware or software for an election in Arizona.
2. Prohibits the use of artificial intelligence or learning software or firmware for:
a) the processing of early ballots;
b) verifying the voter's affidavit;
c) checking the voter's affidavit; and
d) electronic vote adjudication.
3. Removes the authorization of the SOS or the governing body of a city or town to provide for
the experimental use of a voting system or device without a final adoption of the voting system.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2023
AN/CS/slp