Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1565 Comm Sub / Analysis

Filed 03/06/2023

                      	SB 1565 
Initials JH 	Page 1 	Municipal Oversight & Elections 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: ELEC DP 5-3-0-0 | 3
rd
 Read: 16-13-1-0 
 
SB 1565: ballot processing; electronic adjudication; limitation 
Sponsor: Senator Carroll, LD 28 
Committee on Municipal Oversight & Elections 
Overview 
Specifies that artificial intelligence or learning software may not be used in any machine or device 
used for elections in Arizona.  
History 
Artificial Intelligence 
Artificial intelligence refers to any machine-based system that can make predictions, 
recommendations or decisions that influence real or virtual environments when given a set of 
human-defined objectives (15 U.S.C. § 9401).  
Committee Approval of Voting Systems 
Generally, machines and devices used in Arizona elections are subject to the approval of a 
committee appointed by the Secretary of State. The committee is statutorily required to investigate 
and test the various types of vote recording and tabulating machines and devices and must submit 
its recommendations to the Secretary of State. Ultimately, the Secretary of State has final 
decision-making authority on which machines and devices are certified for use in Arizona 
elections. The Secretary of State or the governing body of a city or town may authorize the use 
of experimental voting devices as if the devices had been permanently adopted, but without final 
adoption of the devices (A.R.S. § 16-442). 
Provisions 
1. Prohibits the use of any artificial intelligence or learning software in any machines or devices 
used for Arizona elections. (Sec. 1) 
2. Specifies that artificial intelligence or learning software may not be used for the processing of 
early ballots or the verification of a voter's affidavit by an election board. (Sec. 2) 
3. Asserts the electronic vote adjudication feature may not include any artificial intelligence or 
learning software.  (Sec. 3) 
4. Repeals language allowing for the experimental use of voting systems or devices without final 
adoption of the voting system or device. (Sec. 1) 
5. Makes technical and conforming changes. (Sec. 1, 2 and 3) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note