Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1288 Comm Sub / Analysis

Filed 04/03/2024

                      	SB 1288 
Initials JH/CE 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
Senate: ELEC DPA/SE 4-3-1-0| 3
rd
 Read: 16-13-1-0 
House: MOE DP 5-4-0-0 
 
SB1288: logic and accuracy; testing 
Sponsor: Senator Hoffman, LD 15 
House Engrossed 
Overview 
Requires all electronic or electromechanical voting systems to be tested and outlines certain 
testing procedures and requirements. 
History 
Prior to election day the Board of Supervisors or officer in charge of elections must have the 
automatic tabulating equipment and programs tested and checked for all offices and 
measures on the ballot within a designated period by the Secretary of State. In elections with 
state or federal candidates, the Secretary of State is responsible for conducting tests for 
election day equipment. Tests on automatic tabulating equipment must be observed by at 
least two election inspectors of different political parties and must be open to political party 
representatives, candidates, press and the public. Further logic and accuracy testing 
procedures are outlined in the 2023 Elections Procedures Manual to include the process for 
conducting tests, rescheduling of tests and accessible voting equipment tests (A.R.S. § 16-449 
and 2023 EPM P. 91).  
Provisions 
1. Repeals statute concerning the required testing of equipment and programs and public 
notice of equipment testing requirements. (Sec. 1) 
2. Requires all electronic or electromechanical voting systems to be tested following any 
maintenance or programming to ensure the system is properly programed, the election is 
correctly defined and all system input, output, and communication devices are 
functioning properly. (Sec. 2) 
3. Mandates that the county officer in charge of elections must publicly test the automatic 
tabulating equipment within 25 days before the early voting period. (Sec. 2) 
4. Requires tests of automatic tabulating equipment used to tabulate both early ballots and 
election day ballots to be conducted using ballot paper that has the same weight and 
lengths as election day ballots and using the same election definition that will be used on 
election day. (Sec. 2) 
5. Specifies printers that are intended for the printing of ballots or affidavits must be tested 
and prescribes minimum requirements for testing. (Sec. 2) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1288 
Initials JH/CE 	Page 2 	House Engrossed 
6. Stipulates that if the ballots to be used on election day are not available during the time 
of the public test, the officer in charge of elections may conduct an additional test no more 
than 10 days before election day. (Sec.2) 
7. Requires the county officer in charge of elections to provide a 48-hour public notice on the 
county website, the county officer in charge of elections' website or in the newspapers of 
general circulation in the county or four conspicuous locations within the county if the 
previous options are unavailable. (Sec. 2)  
8. Directs the county officer in charge of elections to send a written notice of the time and 
location of the automatic tabulating equipment test to the county party chairperson of 
each political party and to all candidates, other than statewide offices, on the county's 
ballot at least 30 days before the start of early voting. (Sec. 2) 
9. Instructs the Secretary of State to provide written notices to each statewide candidate at 
the time of qualifying or immediately at the end of qualifying that the voting equipment 
will be tested by the county officer in charge of elections. (Sec. 2) 
10. Requires each candidate to contact the county officer in charge of elections for the time 
and location that the voting equipment is to be tested. (Sec. 2) 
11. Asserts that an accuracy board must convene, with each member certifying the accuracy 
of the test that is open to the representatives of the political parties, the press and public. 
(Sec. 2) 
12. Authorizes each political party to designate one person with expertise in the technology 
field, election management systems or elections procedures to be permitted in the central 
counting room for the testing of voting equipment and the official counting of votes. (Sec. 
2) 
13. Requires electronic pollbooks intended for use on election day to be tested using the same 
election definition that will be used on election day. (Sec. 2) 
14. Stipulates that electronic or electromechanical voting systems tabulating mail ballots at 
a central or regional site are to be publicly tested using a pre-audited group of ballots and 
corrected to achieve an errorless count before approved. (Sec. 2) 
15. Directs the County Recorder or officer in charge of elections to post any audit logs for 
electronic pollbooks within three days after election day. (Sec. 2) 
16. Prescribes procedures for testing electronic or electromechanical systems distributed to 
precincts or voting centers, to include a specified percentage or number of optical scan 
system and touchscreen system devices to be tested if a sample of tested devices is to be 
used. (Sec. 2) 
17. Outlines specified procedures and requirements for the accuracy board in determining 
satisfactory and unsatisfactory tabulating devices including:  
a) identifying and testing devices with errors and testing devices that may produce 
similar errors; 
b) verifying spelling and candidate order; and 
c) ensuring the readiness and sealing of all tested devices. (Sec. 2) 
18. Requires the county officer in charge of elections to keep records of all preelection testing 
of electronic or electromechanical tabulation devices used in any election present and 
available during testing for inquiry by attendees. (Sec. 2)    	SB 1288 
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19. Maintains that access by the accuracy board to preelection testing records takes 
precedence over other attendees' access needs. (Sec. 2) 
20. Prescribes a class 6 felony for anyone who is guilty of tampering with, opening, breaking 
or removing the seals on a tested device. (Sec. 2) 
21. Establishes a class 4 felony penalty for anyone guilty of tampering with, opening, 
breaking or removing the seals and reprograming a tested device without an additional 
logic and accuracy test. (Sec. 2)