Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
REVISED
FACT SHEET FOR H.B. 2851
elections; ballot chain of custody
Purpose
Requires the county board of supervisors (county BOS) to provide a chain of custody
record for every ballot printed for elections administered by the county that begins at the printing
location and continues through delivery to the county recorder and voting location. Outlines
requirements relating to the chain of custody and voting irregularity record.
Background
A county recorder or other officer in charge of elections must maintain records that record
the chain of custody of all election equipment and ballots at counting centers during early voting
through the completion of provisional voting tabulation (A.R.S. § 16-621). The Elections
Procedures Manual outlines requirements for chain of custody documentation and security of
certain election equipment, including the physical security of electronic voting systems and
accessible voting devices, early ballots received by ballot retrieval boards, the storage and security
of ballots and the transport of ballots, voting equipment and supplies (EPM).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the county BOS to provide a chain of custody record for every ballot printed for
elections administered by the county that begins at the printing location and continues through
transportation, storage and delivery to the county recorder and voting location.
2. Requires the chain of custody record to include the date, time, location and signature for each
point of contact including the signature of the:
a) voting location supervisor when the ballots are received for use in voting, received and
prepared for mailing or when the election board members leave with the voted ballots;
b) each election board member delivering the voted ballots; and
c) supervisor at the receiving site who receives the voted ballots.
3. Includes, in the chain of custody record, all damaged and defective ballots that are replaced
with a duplicate ballot including the date, time, location and serial number of the duplicate
ballot.
4. Stipulates that if unvoted ballots are delivered to a voting location that is not occupied by an
election board worker then the person who delivers the ballots must note that the ballots were
delivered and secured without a designated recipient. FACT SHEET – Revised
H.B. 2851
Page 2
5. Adds, to the report detailing when a ballot box is opened or transferred to a new polling place,
the date, time and name of any election officer that witnessed the transfer or opening of the
ballot box.
6. Requires the live video recording of the custody of ballots to include each stage of signature
verification, including full visibility of the ballots and each signature verification workstation.
7. Requires the county recorder or other officer in charge of elections to maintain a record of all
voting irregularities that occur during early, emergency and election day voting that outlines:
a) the irregularity;
b) the location where the irregularity occurred and the persons present;
c) the location where the irregularity was discovered and the persons present; and
d) any response to the irregularity from election officials.
8. Requires the county recorder or other officer in charge of elections, within 30 days after
election day, to provide the record of all voting irregularities to the President of the Senate and
the Speaker of the House of Representatives and a copy to the Secretary of State.
9. Specifies that ballot boxes must be locked with a tamper evident seal.
10. Removes the condition that a law enforcement officer aid in the transfer of a ballot box only if
practicable and available.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Revisions
• Adds a provision that requires a person who delivers unvoted ballots to an unoccupied location
to note that the ballots were delivered without a designated recipient.
House Action
MOE 2/14/24 DP 5-4-0-0
3
rd
Read 2/22/24 31-28-0-0-1
Prepared by Senate Research
March 1, 2024
AN/HS/cs