Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1360
ballot processing; electronic adjudication; limitation
Purpose
Prohibits the use of machines, devices, firmware or software that contain artificial
intelligence or learning hardware, firmware or software for an election in Arizona.
Background
The Secretary of State (SOS) must appoint a three-member Equipment Certification
Advisory Committee (Committee) to investigate and test the various types of vote recording or
tabulating machines or devices used for elections. The Committee must submit recommendations
to the SOS, who must make a final adoption of the types, makes or models certified for use in
elections. After consultation with the Committee, the SOS must adopt standards for the loss of
certification for elections machines and devices. The SOS may revoke the certification of any
voting system or device if the person or firm uses a voting system or device, hardware, firmware
or software that is not certified for experimental use in Arizona. Machines or devices that lose
certification may not be used for any election in Arizona unless recertified. The SOS or a governing
body of a city of town may provide for the experimental use of a voting system or device without
a final adoption of the system or device and its use would be as valid as if the machines had been
permanently adopted (A.R.S. § 16-442).
If any ballot is damaged or defective and cannot be properly counted by automatic
tabulating equipment, a duplicate copy must be made and substituted for the ballot in the presence
of witnesses. If the counting center automatic tabulating equipment includes a certified electronic
vote adjudication feature, the county board of supervisors or officer in charge of elections must
appoint an electronic vote adjudication board (adjudication board) to: 1) adjudicate and submit for
tabulation a ballot that is read by the tabulation machine as blank to determine if voter intent is
clear; or 2) tally write-in choices. The electronic vote adjudication process used by the adjudication
board must provide for: 1) a method to track and account for the original ballot and the digital
duplicate of the ballot created by the electronic vote adjudication feature that includes a serial
number on the digital image; 2) logs of all digital duplication and adjudication actions performed
by an adjudication board; and 3) the retention of the original ballot and the digital duplicate of the
ballot (A.R.S. § 16-621).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits the use of machines, devices, firmware or software that contain artificial intelligence
or learning hardware, firmware or software for an election in Arizona. FACT SHEET
S.B. 1360
Page 2
2. Prohibits the use of artificial intelligence or learning software or firmware to:
a) process early ballots;
b) verify and check the voter's affidavit; and
c) electronically adjudicate vote.
3. Removes the authority of the SOS and the governing body of a city or town to provide for the
experimental use of a voting system or device without a final adoption of the voting system.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 26, 2024
AN/cs