SB 1288
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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
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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)