Arizona 2023 2023 Regular Session

Arizona Senate Bill SCR1037 Comm Sub / Analysis

Filed 03/13/2023

                      	SCR 1037 
Initials JH/IG 	Page 1 	Municipal Oversight & Elections 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: ELEC DPA/SE 5-3-0-0 | 3
rd
 Read: 16-13-1-0 
 
SCR1037: elections; systems; equipment 
Sponsor: Senator Kern, LD 27 
Committee on Municipal Oversight & Elections 
Overview 
Contains Legislative findings and declaration statements concerning necessary requirements for 
the primary use of a voting system for casting, recording and tabulating ballots in any election for 
federal office. 
History 
The Secretary of State is charged with appointing a committee to investigate and test the various 
types of vote tabulating machines. The committee submits its recommendations to the Secretary 
of State who will then decide the make or model to be certified for use in the state. Electronic 
equipment used at any election for federal, state or county offices may only be certified for use in 
this state if the equipment complies with the Help America Vote Act of 2002 (A. R. S. § 16-442). 
A source code includes: 1) the code written by a programmer using a programming language that 
can be understood by trained individuals and is not capable of directly being used to give 
instructions to a computer; 2) related programmers’ notes, design documents, memoranda and 
similar documentation; and 3) related customer communications (A. R. S. § 42-2251). 
Provisions 
1. States the Legislature resolves that no voting system or component of a voting system may 
be used as the primary method for casting, recording or tabulating ballots in any election for 
federal office unless: 
a) All components are designed, manufactured, integrated and assembled in the United 
States from trusted suppliers accredited by the United States Department of Defense; 
b) The source codes used in the voting system are made available to the public;  
c) The ballot images and system files are recorded and posted to the Secretary of State's 
website for public access within 24 hours after the closing of polls; and 
d) The Legislature transmits this resolution to the Secretary of State. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note