| 31 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 16-161, Arizona Revised Statutes, is amended to read: START_STATUTE16-161. Official record of registration; federal form; reporting A. When the registration form is filled out, signed by the elector and received by the county recorder, it shall constitute an official public record of the registration of the elector. B. On the dates prescribed by section 16-168, subsection G I, the county recorder shall report to the secretary of state and shall prominently post on the recorder's website the number of persons who are registered to vote using the federal or state voter registration form and who have not provided proof of citizenship to the county recorder and, after each general election, shall post on the recorder's website the number of ballots cast by those persons who were eligible to vote a ballot containing federal offices only. END_STATUTE Sec. 2. Section 16-168, Arizona Revised Statutes, is amended to read: START_STATUTE16-168. Precinct registers; date of preparation; contents; registration rolls access; reports; statewide database; violation; classification A. By the tenth day preceding the primary and general elections the county recorder shall prepare from the original registration forms or from electronic media at least four lists that are printed or typed on paper, or at least two electronic media poll lists, or any combination of both, of all qualified electors in each precinct in the county, and the lists shall be the official precinct registers. B. The official precinct registers for use at the polling place shall contain at least the names in full, party preference, date of registration and residence address of each qualified elector in the respective precincts. The names shall be in alphabetical order and, in a column to the left of the names, shall be numbered consecutively beginning with number 1 in each precinct register. C. For the purposes of transmitting voter registration information as prescribed by this subsection, electronic media shall be the principal media. A county or state chairman who is eligible to receive copies of precinct lists as prescribed by this subsection may request that the recorder provide a paper copy of the precinct lists. In addition to preparing the official precinct lists, the county recorder shall provide a means for electronically reproducing the precinct lists. Unless otherwise agreed, the county recorder shall deliver one electronic media copy of each precinct list in the county without charge and on the same day within eight days after the close of registration for the primary and general elections to the county chairman and one electronic media copy to the state chairman of each party that has at least four candidates other than presidential electors appearing on the ballot in that county at the current election. The secretary of state shall establish a single format that prescribes the manner and template in which all county recorders provide this data to the secretary of state to ensure that the submissions are uniform from all counties in this state, that all submissions are identical in format, including the level of detail for voting history, and that information may readily be combined from two or more counties. The electronic media copies of the precinct lists that are delivered to the party chairmen shall include for each elector the following information: 1. Name in full and appropriate title. 2. Party preference. 3. Date of registration. 4. Residence address. 5. Mailing address, if different from residence address. 6. Zip code. 7. Telephone number if given. 8. Birth year. 9. Occupation if given. 10. Voting history for all elections in the prior four years and any other information regarding registered voters that the county recorder or city or town clerk maintains electronically and that is public information. 11. All data relating to early voters, including ballot requests and ballot returns. D. The names on the precinct lists shall be in alphabetical order and the precinct lists in their entirety, unless otherwise agreed, shall be delivered to each county chairman and each state chairman within ten business days of after the close of each date for counting registered voters prescribed by subsection G H of this section other than the primary and general election registered voter counts in the same format and media as prescribed by subsection C of this section. During the thirty-three days immediately preceding an election and on request from a county or state chairman, the county recorder shall provide at no cost a daily list of persons who have requested an early ballot and shall provide at no cost a weekly listing of persons who have returned their early ballots. The recorder shall provide the daily and weekly information through the Friday preceding the election. On request from a county chairman or state chairman, the county recorder of a county with a population of more than eight hundred thousand persons shall provide at no cost a daily listing of persons who have returned their early ballots. The daily listing shall be provided Mondays through Fridays, beginning with the first Monday following the start of early voting and ending on the Monday before the election. E. The county recorder shall provide access to the voter registration rolls by way of an internet portal that is accessible to the public and that allows the information to be downloaded. The county recorder may not charge a fee for the access. E. F. Precinct registers and other lists and information derived from registration forms and from the voter registration rolls may be used only for purposes relating to a political or political party activity, a political campaign or an election, for revising election district boundaries or for any other purpose specifically authorized by law and may not be used for a commercial purpose as defined in section 39-121.03. The sale of registers, lists and information derived from registration forms to a candidate or a registered political committee for a use specifically authorized by this subsection does not constitute use for a commercial purpose. The county recorder, the secretary of state and other officers in charge of elections shall provide for electronic access to voter registration information and, on a request for an authorized a noncommercial use and within thirty days from receipt of the request, shall prepare additional copies of an official precinct list and furnish them to any person requesting them who establishes an electronic profile with the information provider and attests that the information will not be used for a commercial purpose and on payment of a fee equal to the following amounts for the following number of voter registration records provided: 1. For one to one hundred twenty-four thousand nine hundred ninety-nine records, $93.75 plus $0.0005 per record. 2. For one hundred twenty-five thousand to two hundred forty-nine thousand nine hundred ninety-nine records, $156.25 plus $0.000375 per record. 3. For two hundred fifty thousand to four hundred ninety-nine thousand nine hundred ninety-nine records, $203.13 plus $0.00025 per record. 4. For five hundred thousand to nine hundred ninety-nine thousand nine hundred ninety-nine records, $265.63 plus $0.000125 per record. 5. For one million or more records, $328.13 plus $0.0000625 per record. F. G. Any person in possession of a precinct register or list, in whole or part, or any reproduction of a precinct register or list, shall not permit allow the register or list to be used, bought, sold or otherwise transferred for any purpose except for uses otherwise authorized by this section. A person in possession of information derived from voter registration forms or precinct registers shall not distribute, post or otherwise provide access to any portion of that information through the internet except as authorized by subsection I of this section. Nothing in This section shall does not preclude public inspection of voter registration records at the office of the county recorder for the purposes prescribed by this section, except that the month and day of birth date, the social security number or any portion thereof, the driver license number or nonoperating identification license number, the Indian census number, the father's name or mother's maiden name, the state or country of birth and the records containing a voter's signature and a voter's e-mail email address shall not be accessible or reproduced by any person other than the voter, by an authorized government official in the scope of the official's duties, for any purpose by an entity designated by the secretary of state as a voter registration agency pursuant to the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77), for signature verification on petitions and candidate filings, for election purposes and for news gathering purposes by a person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station or pursuant to a court order. Notwithstanding any other law, a voter's e-mail email address may not be released for any purpose. A person who violates this subsection or subsection E F of this section is guilty of a class 6 felony. G. H. The county recorder shall count the registered voters by political party by precinct, legislative district and congressional district as follows: 1. In even numbered years, the county recorder shall count all persons who are registered to vote as of: (a) January 2. (b) April 1. (c) The last day on which a person may register to be eligible to vote in the next primary election. (d) The last day on which a person may register to be eligible to vote in the next general election. (e) The last day on which a person may register to be eligible to vote in the next presidential preference election. 2. In odd numbered years, the county recorder shall count all persons who are registered to vote as of: (a) January 2. (b) April 1. (c) July 1. (d) October 1. H. I. The county recorder shall report the totals to the secretary of state as soon as is practicable following each of the dates prescribed in subsection G H of this section. The report shall include completed registration forms returned in accordance with section 16-134, subsection B. The county recorder shall also provide the report in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county recorders. The secretary of state shall then prepare a summary report for the state and shall maintain that report as a permanent record. I. J. The county recorder and the secretary of state shall protect access to voter registration information in an auditable format and method specified in the secretary of state's electronic voting system instructions and procedures manual that is adopted pursuant to section 16-452. J. K. The secretary of state shall develop and administer a statewide database of voter registration information that contains the name and registration information of every registered voter in this state. The statewide database is a matter of statewide concern and is not subject to modification or further regulation by a political subdivision. The database shall include an identifier that is unique for each individual voter. The database shall provide for access by voter registration officials and shall allow expedited entry of voter registration information after it is received by county recorders. As a part of the statewide voter registration database, county recorders shall provide for the electronic transmittal of that information to the secretary of state on a real time basis. The secretary of state shall provide for maintenance of the database, including provisions regarding removal of ineligible voters that are consistent with the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77; 52 United States Code sections 20501 through 20511) and the help America vote act of 2002 (P.L. 107-252; 116 Stat. 1666; 52 United States Code sections 20901 through 21145), provisions regarding removal of duplicate registrations and provisions to ensure that eligible voters are not removed in error. For the purpose of maintaining compliance with the help America vote act of 2002, each county voter registration system is subject to approval by the secretary of state for compatibility with the statewide voter registration database system. K. L. Except as provided in subsection L M of this section, for requests for the use of registration forms and access to information as provided in subsections E and F and G of this section, the county recorder shall receive and respond to requests regarding federal, state and county elections. L. M. Beginning January 1, 2008, recognized political parties shall request precinct lists and access to information as provided in subsections E and F and G of this section during the time periods prescribed in subsection C or D of this section and the county recorder shall receive and respond to those requests. If the county recorder does not provide the requested materials within the applicable time prescribed for the county recorder pursuant to subsection C or D of this section, a recognized political party may request that the secretary of state provide precinct lists and access to information as provided in subsections E and F and G of this section for federal, state and county elections. The secretary of state shall not provide access to precinct lists and information for recognized political parties unless the county recorder has failed or refused to provide the lists and materials as prescribed by this section. The secretary of state may charge the county recorder a fee determined by rule for each name or record produced. M. N. For municipal registration information in those municipalities in which the county administers the municipal elections, county and state party chairmen shall request and obtain voter registration information and precinct lists from the city or town clerk during the time periods prescribed in subsection C or D of this section. If the city or town clerk does not provide that information within the same time prescribed for county recorders pursuant to subsection C or D of this section, the county or state party chairman may request and obtain the information from the county recorder. The county recorder shall provide the municipal voter registration and precinct lists within the time prescribed in subsection C or D of this section. N. O. The county recorders and the secretary of state shall not prohibit any person or entity prescribed in subsection C of this section from distributing a precinct list to any person or entity that is deemed to be using the precinct list in a lawful manner as prescribed in subsections E and F and G of this section. END_STATUTE Sec. 3. Section 16-244, Arizona Revised Statutes, is amended to read: START_STATUTE16-244. Representation on ballot A. To be eligible to participate in the presidential preference election, a political party shall be either of the following: 1. A political party that is entitled to continued representation on the state ballot pursuant to section 16-804. 2. A new political party that has become eligible for recognition and that will be represented by an official party ballot pursuant to section 16-801. A petition for recognition of a new political party shall be filed with the secretary of state not less than one hundred fifty nor more than one hundred eighty days before the presidential preference election, and in the same manner as prescribed in section 16-801. The petition shall be processed and verified as prescribed in section 16-803. A political party that is eligible for the presidential preference election ballot shall be represented on the subsequent primary and general election ballots in the year of the presidential election. B. Notwithstanding the provisions of section 16-804, subsection A, the secretary of state shall determine the political parties entitled to continued representation on the state ballot pursuant to section 16-804, subsection B if, on October 1 of the year immediately preceding the presidential preference election, that party has registered voters equal to at least two-thirds of one per cent of the total number of registered voters in this state. Each county recorder shall furnish the secretary of state with the number of registered voters as prescribed by section 16-168, subsection G H, paragraph 2, subdivision (d).END_STATUTE Sec. 4. Section 16-322, Arizona Revised Statutes, is amended to read: START_STATUTE16-322. Number of signatures required on nomination petitions A. Nomination petitions shall be signed by a number of qualified signers equal to: 1. If for a candidate for the office of United States senator or for a state office, excepting members of the legislature and superior court judges, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the this state. 2. If for a candidate for the office of representative in Congress, at least one-half of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected, except that if for a candidate for a special election to fill a vacancy in the office of representative in Congress, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected. 3. If for a candidate for the office of member of the legislature, at least one-half of one percent but not more than three percent of the total number of qualified signers in the district from which the member of the legislature may be elected. 4. If for a candidate for a county office or superior court judge, at least one percent but not more than ten percent of the total number of qualified signers in the county or district, except that if for a candidate from a county with a population of two hundred thousand persons or more, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the county or district. 5. If for a candidate for a community college district, at least one-quarter of one percent but not more than ten percent of the total voter registration in the precinct as established pursuant to section 15-1441. Notwithstanding the total voter registration in the community college district, the maximum number of signatures required by this paragraph is one thousand. 6. If for a candidate for county precinct committeeman, at least two percent but not more than ten percent of the party voter registration in the precinct or ten signatures, whichever is less. 7. If for a candidate for justice of the peace or constable, at least one percent but not more than ten percent of the number of qualified signers in the precinct. 8. If for a candidate for mayor or other office nominated by a city at large, at least five percent and not more than ten percent of the designated party vote in the city, except that a city that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be one thousand signatures or five percent of the vote in the city, whichever is less, but not more than ten percent of the vote in the city. 9. If for an office nominated by ward, precinct or other district of a city, at least five percent and not more than ten percent of the designated party vote in the ward, precinct or other district, except that a city that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be two hundred fifty signatures or five percent of the vote in the district, whichever is less, but not more than ten percent of the vote in the district. 10. If for a candidate for an office nominated by a town at large, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five percent and not more than ten percent of the vote in the town, except that a town that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be one thousand signatures or five percent of the vote in the town, whichever is less, but not more than ten percent of the vote in the town. 11. If for a candidate for a governing board of a school district or a career technical education district, at least one-half of one percent of the total voter registration in the school district or career technical education district if the board members are elected at large or one percent of the total voter registration in the single member district if governing board members are elected from single member districts or one-half of one percent of the total voter registration in the single member district if career technical education district board members are elected from single member districts. Notwithstanding the total voter registration in the school district, career technical education district or single member district of the school district or career technical education district, the maximum number of signatures required by this paragraph is four hundred. 12. If for a candidate for a governing body of a special district as described in title 48, at least one-half of one percent of the vote in the special district but not more than two hundred fifty and not fewer than five signatures. B. The basis of percentage in each instance referred to in subsection A of this section, except in cities, towns and school districts, shall be is the number of qualified signers as determined from the voter registration totals as reported pursuant to section 16-168, subsection G I on January 2 of the year in which the general election is held. In cities, the basis of percentage shall be is the vote of the party for mayor at the last preceding election at which a mayor was elected. In towns, the basis of percentage shall be is the highest vote cast for an elected official of the town at the last preceding election at which an official of the town was elected. In school districts or career technical education districts, the basis of percentage shall be is the total number of active registered voters in the school district or career technical education district or single member district, whichever applies. The total number of active registered voters for school districts or career technical education districts shall be calculated using the periodic reports prepared by the county recorder pursuant to section 16-168, subsection G I. The count that is reported on January 2 of the year in which the general election is held shall be is the basis for the calculation of total voter registration for school districts or career technical education districts. C. In primary elections, the signature requirement for party nominees, other than nominees of the parties entitled to continued representation pursuant to section 16-804, is at least one-tenth of one percent of the total vote for the winning candidate or candidates for governor or presidential electors at the last general election within the district. Signatures must be obtained from qualified electors who are qualified to vote for the candidate whose nomination petition they are signing. D. If new boundaries for congressional districts or legislative districts are established and effective subsequent to January 2 of the year of a general election and before the first date for filing of nomination petitions, the basis for determining the required number of nomination petition signatures is the number of qualified signers in the elective office or district that was effective on January 2 of the year of a general election. If new boundaries for supervisorial districts, justice precincts or election precincts are adopted after January 2 of the year of a general election and before the last date for filing of nomination petitions for the elective office, district or precinct, the basis for determining the required number of nomination petition signatures is the number of qualified signers in the elective office, district or precinct on the effective date of the new district or precinct. END_STATUTE Sec. 5. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 16-407.04, to read: START_STATUTE16-407.04. County voting location ballot report; public record Notwithstanding any other law, before leaving a county voting location at the end of election day for each election, the inspector shall send the data from the county voting location ballot report to the election department and the officer in charge of elections, not later than the last posting of election results for that night, shall make that data available as a public record. END_STATUTE Sec. 6. Section 16-602, Arizona Revised Statutes, is amended to read: START_STATUTE16-602. Removal of ballots from ballot boxes; designated margin; hand counts; vote count verification committee A. For any primary, special or general election in which the votes are cast on an electronic voting machine or tabulator, the election judge shall compare the number of votes cast as indicated on the machine or tabulator with the number of votes cast as indicated on the poll list and the number of provisional ballots cast and that information shall be noted in a written report prepared and submitted to the officer in charge of elections along with other tally reports. B. For each countywide primary, special, general and presidential preference election, the county officer in charge of the election shall conduct a hand count at one or more secure facilities. The hand count shall be conducted as prescribed by this section and in accordance with hand count procedures established by the secretary of state in the official instructions and procedures manual adopted pursuant to section 16-452. The hand count is not subject to the live video requirements of section 16-621, subsection D, but the party representatives who are observing the hand count may bring their own video cameras in order to record the hand count. The recording shall not interfere with the conduct of the hand count and the officer in charge of the election may prohibit from recording or remove from the facility persons who are taking actions to disrupt the count. The sole act of recording the hand count does not constitute sufficient grounds for the officer in charge of the election to prohibit observers from recording or to remove them from the facility. The hand count shall be conducted in the following order: 1. At least two percent of the precincts in that county, or two precincts, whichever is greater, shall be selected at random from a pool consisting of every precinct in that county. The county political party chairperson for each political party that is entitled to continued representation on the state ballot or the chairperson's designee shall conduct the selection of the precincts to be hand counted. The precincts shall be selected by lot without the use of a computer, and the order of selection by the county political party chairpersons shall also be by lot. The selection of the precincts shall not begin until all ballots voted in the precinct polling places have been delivered to the central counting center. The unofficial vote totals from all precincts shall be made public before selecting the precincts to be hand counted. Only the ballots cast in the polling places and ballots from direct recording electronic machines shall be included in the hand counts conducted pursuant to this section. Provisional ballots, conditional provisional ballots and write-in votes shall not be included in the hand counts and the early ballots shall be grouped separately by the officer in charge of elections for purposes of a separate manual audit pursuant to subsection F of this section. 2. The races to be counted on the ballots from the precincts that were selected pursuant to paragraph 1 of this subsection for each primary, special and general election shall include up to five contested races. After the county recorder or other officer in charge of elections separates the primary ballots by political party, the races to be counted shall be determined by selecting by lot without the use of a computer from those ballots as follows: (a) For a general election, one statewide ballot measure, unless there are no measures on the ballot. (b) One contested statewide race for statewide office. (c) One contested race for federal office, either United States senate or United States house of representatives. If the United States house of representatives race is selected, the names of the candidates may vary among the sampled precincts. (d) One contested race for state legislative office, either state house of representatives or state senate. In either case, the names of the candidates may vary among the sampled precincts. (e) If there are fewer than four contested races resulting from the selections made pursuant to subdivisions (a) through (d) of this paragraph and if there are additional contested federal, statewide or legislative races or ballot measures, additional contested races shall be selected by lot not using a computer until four races have been selected or until no additional contested federal, statewide or legislative races or ballot measures are available for selection. (f) If there are no contested races as prescribed by this paragraph, a hand count shall not be conducted for that precinct for that election. 3. For the presidential preference election, select by lot two percent of the polling places designated and used pursuant to section 16-248 and perform the hand count of those ballots. 4. For the purposes of this section, a write-in candidacy in a race does not constitute a contested race. 5. In elections in which there are candidates for president, the presidential race shall be added to the four categories of hand counted races. 6. Each county chairperson of a political party that is entitled to continued representation on the state ballot or the chairperson's designee shall select by lot the individual races to be hand counted pursuant to this section. 7. Political party designees who are selected pursuant to this paragraph shall perform the hand count under the supervision of the county officer in charge of elections. The county officer in charge of elections shall provide compensation for those selected to perform the hand count, not to include travel, meal or lodging expenses. The hand count shall not proceed unless the political parties provide the officer in charge of elections in writing a sufficient number of persons pursuant to this paragraph by 5:00 p.m. on the Thursday preceding the election and a sufficient number of persons prescribed by this paragraph arrive to perform the hand count. Political party designees shall be selected to perform the hand count as follows: (a) The county chairperson of each political party shall designate and provide to both the county officer in charge of elections and the state party chairperson the number of hand count board members as designated by the county officer in charge of elections. If the county party chairperson fails to designate a sufficient number of hand count board workers, the state party chairperson shall designate qualified electors to be hand count board workers. If the county chairpersons and the state party chairpersons fail to designate a sufficient number of hand count board workers, the highest-ranking official holding a statewide office of each political party shall designate qualified electors to be hand count board workers. For the purposes of this subdivision, the ranking of officials holding statewide office shall be governor, secretary of state, attorney general, state treasurer, superintendent of public instruction, corporation commissioners in order of seniority, mine inspector, senate majority and minority leaders and house of representatives majority and minority leaders. (b) The political parties shall provide to the county officer in charge of elections in writing the names of those persons intending to participate in the hand count at the audited precincts not later than 5:00 p.m. on the second Tuesday preceding the election. (c) If the total number of hand count board workers provided by all parties is less than the number designated by the county officer in charge of elections, the county officer in charge of elections shall notify the parties of the shortage not later than 9:00 a.m. on the second Wednesday preceding the election and the political parties have until 9:00 a.m. on the second Thursday preceding the election to provide the county officer in charge of elections with an additional list of qualified electors who are willing to participate in the hand count. (d) The county officer in charge of elections shall distribute the list provided pursuant to subdivision (c) of this paragraph to the county chairperson and state chairperson of each recognized political party in the county and state not later than 5:00 p.m. on the second Friday preceding the election. (e) The selection of persons to perform the hand count shall ensure that not more than seventy-five percent of the persons conducting the hand count are members of the same political party. (f) The county recorder or county officer in charge of elections may prohibit persons from participating in the hand count if the persons are taking actions to disrupt the count or are unable to perform the duties as assigned. 8. If a political party is not represented by a designated chairperson within a county, the state chairperson for that political party, or a person designated by the state chairperson, may perform the actions required by the county chairperson as specified in this section. C. If the randomly selected races result in a difference in any race that is less than the designated margin when compared to the electronic tabulation of those same ballots, the results of the electronic tabulation constitute the official count for that race. If the randomly selected races result in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation of those same ballots, a second hand count of those same ballots and races shall be performed. If the second hand count results in a difference in any race that is less than the designated margin when compared to the electronic tabulation for those same ballots, the electronic tabulation constitutes the official count for that race. If the second hand count results in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation for those same ballots, the hand count shall be expanded to include a total of twice the original number of randomly selected precincts. Those additional precincts shall be selected by lot without the use of a computer. D. In any expanded count of randomly selected precincts, if the randomly selected precinct hand counts result in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation of those same ballots, the final hand count shall be extended to include the entire jurisdiction for that race. If the jurisdictional boundary for that race would include any portion of more than one county, the final hand count shall not be extended into the precincts of that race that are outside of the county that is conducting the expanded hand count. If the expanded hand count results in a difference in that race that is less than the designated margin when compared to the electronic tabulation of those same ballots, the electronic tabulation constitutes the official count for that race. E. If a final hand count is performed for an entire jurisdiction for a race, the final hand count shall be repeated for that race until a hand count for that race for the entire jurisdiction results in a count that is identical to one other hand count for that race for the entire jurisdiction and that hand count constitutes the official count for that race. F. After the electronic tabulation of early ballots and at one or more times selected by the chairperson of the political parties entitled to continued representation on the ballot or the chairperson's designee, the chairpersons or the chairpersons' designees shall randomly select one or more batches of early ballots that have been tabulated to include at least one batch from each machine used for tabulating early ballots and those ballots shall be securely sequestered by the county recorder or officer in charge of elections along with their unofficial tally reports for a postelection manual audit. The chairpersons or the chairpersons' designees shall randomly select from those sequestered early ballots a number equal to one percent of the total number of early ballots cast or five thousand early ballots, whichever is less. From those randomly selected early ballots, the county officer in charge of elections shall conduct a manual audit of the same races that are being hand counted pursuant to subsection B of this section. If the manual audit of the early ballots results in a difference in any race that is equal to or greater than the designated margin when compared to the electronically tabulated results for those same early ballots, the manual audit shall be repeated for those same early ballots. If the second manual audit results in a difference in that race that is equal to or greater than the designated margin when compared to the electronically tabulated results for those same early ballots, the manual audit shall be expanded only for that race to a number of additional early ballots equal to one percent of the total early ballots cast or an additional five thousand ballots, whichever is less, to be randomly selected from the batch or batches of sequestered early ballots. If the expanded early ballot manual audit results in a difference for that race that is equal to or greater than the designated margin when compared to any of the earlier manual counts for that race, the manual counts shall be repeated for that race until a manual count results in a difference in that race that is less than the designated margin. If at any point in the manual audit of early ballots the difference between any manual count of early ballots is less than the designated margin when compared to the electronic tabulation of those ballots, the electronic tabulation shall be included in the canvass and no further manual audit of the early ballots shall be conducted. At the discretion of the county board of supervisors, the county officer in charge of elections may perform an expanded postelection hand count of up to one hundred percent of ballots cast against the tabulation report. G. During any hand count of early ballots, the county officer in charge of elections and election board workers shall attempt to determine the intent of the voter in casting the ballot. H. Notwithstanding any other law, the county officer in charge of elections shall retain custody of the ballots for purposes of performing any required hand counts and the officer shall provide for security for those ballots. I. The hand counts prescribed by this section shall begin within twenty-four hours after the closing of the polls and shall be completed before the canvassing of the election for that county. The county shall make available on the county's website the results of those hand counts and shall provide the results to the secretary of state, who shall make those results publicly available on the secretary of state's website. J. For any county in which a hand count has been expanded to all precincts in the jurisdiction, the secretary of state shall make available the escrowed source code for that county to the superior court. The superior court shall appoint a special master to review the computer software. The special master shall have expertise in software engineering, shall not be affiliated with an election software vendor nor with a candidate, shall sign and be bound by a nondisclosure agreement regarding the source code itself and shall issue a public report to the court and to the secretary of state regarding the special master's findings on the reasons for the discrepancies. The secretary of state shall consider the reports for purposes of reviewing the certification of that equipment and software for use in this state. K. The vote count verification committee is established in the office of the secretary of state and all of the following apply: 1. At least thirty days before the 2006 primary election, the secretary of state shall appoint seven persons to the committee, not more than three of whom are members of the same political party. 2. Members of the committee shall have expertise in any two or more of the areas of advanced mathematics, statistics, random selection methods, systems operations or voting systems. 3. A person is not eligible to be a committee member if that person has been affiliated with or received any income in the preceding five years from any person or entity that provides election equipment or services in this state. 4. The vote count verification committee shall meet and establish one or more designated margins to be used in reviewing the hand counting of votes as required pursuant to this section. The committee shall review and consider revising the designated margins every two years for use in the applicable elections. The committee shall provide the designated margins to the secretary of state at least ten days before the primary election and at least ten days before the general election, and the secretary of state shall make that information publicly available on the secretary of state's website. 5. Members of the vote count verification committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. The committee is a public body and its meetings are subject to title 38, chapter 3, article 3.1 and its reports and records are subject to title 39, chapter 1.END_STATUTE Sec. 7. Section 16-821, Arizona Revised Statutes, is amended to read: START_STATUTE16-821. County committee; vacancy in office of precinct committeeman A. At the primary election the members of a political party who are entitled to representation pursuant to section 16-804 residing and who reside in each precinct shall choose one of their number as a county precinct committeeman, and the members shall choose one additional precinct committeeman for each one hundred twenty-five voters or major fraction thereof who are registered in the party in the precinct as reported pursuant to section 16-168, subsection G I on January 2 of the year in which the general election is held. The whole number of precinct committeemen of a political party shall constitute the county committee of the party. B. The board of supervisors upon on the recommendation of the county chairman, or the recommendation of a committee designated in the bylaws of the county committee for that purpose, shall determine when a vacancy exists in the office of precinct committeeman. If a vacancy exists, the vacancy shall be filled by the board of supervisors from a list of names submitted by the county chairman of the appropriate political party. Only a precinct committeeman who is elected at the primary election prior to before the date of a state or county committee organizing meeting shall be permitted to vote at such the meeting. The criteria used to establish when a vacancy exists in the office of precinct committeeman shall be as established in section 38-291.END_STATUTE Sec. 8. Section 45-415, Arizona Revised Statutes, is amended to read: START_STATUTE45-415. Local initiation for active management area; procedures A. A groundwater basin that is not included within an initial active management area may be designated an active management area on petition by ten percent of the registered voters residing within the boundaries of the proposed active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G I, and a subsequent election held pursuant to the general election laws of this state. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111. B. On application for a petition number with the clerk of the board of supervisors or county election officer, the director shall transmit a map of the groundwater basin to the county recorder of each county in which the proposed active management area is located. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin that may aid the county recorder in the determination of which registered voters of the county are residents of the groundwater basin. C. Any registered voter of a county whose residency in the groundwater basin is in question shall be allowed to vote. The ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name and number, the signature of the voter, the residence address of the voter and the voter registration number of the voter, if available. The voter receipt card shall be attached to the envelope. The county recorder shall verify the ballot for proper residency of the voter before counting. Such verification shall be made within five business days following the election, and the voter receipt card shall be returned to the voter. Verified ballots shall be counted using the procedure outlined for counting early ballots. If residency in the groundwater basin is not verified, the ballot shall remain unopened and shall be destroyed. D. Except as provided in subsection E of this section, all election expenses incurred pursuant to this section are the responsibility of the county involved. E. If a groundwater basin is located in two or more counties, the following procedures apply: 1. The petition shall be filed with the clerk of the board of supervisors or county election officer of the county in which the plurality of the registered voters in the groundwater basin resides. 2. The number of registered voters required to sign the petition shall be ten percent of the registered voters residing within the boundaries of the proposed active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G I, within the county in which the plurality of the registered voters in the groundwater basin resides. 3. The election shall be called by the board of supervisors of the county in which the petition is filed, and the board shall immediately notify the board of supervisors of any other county included in the groundwater basin of the date of the election. The election shall be held not less than sixty days or more than ninety days from the date of the call. The board of supervisors so notified shall then call the election in that county for the same date and follow the procedures for conducting the general elections in this state. 4. All election expenses incurred pursuant to this subsection are the responsibilities of the counties involved on a proportional basis considering the number of registered voters of each county that are residents of the groundwater basin. F. The ballot shall be worded, "should the (insert name of basin) groundwater basin be designated an active management area?" followed by the words "yes" and "no".END_STATUTE Sec. 9. Section 45-433, Arizona Revised Statutes, is amended to read: START_STATUTE45-433. Local initiation for designation; procedures A. The designation of a subsequent irrigation non-expansion area may be initiated by the director or by petition to the director signed by either: 1. Not less than twenty-five irrigation users of groundwater, or one-fourth of the irrigation users of groundwater within the boundaries of the groundwater basin or sub-basin subbasin specified in the petition. 2. Ten per cent percent of the registered voters residing within the boundaries of the groundwater basin or sub-basin subbasin specified in the petition as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G I. The form of the petition shall be the same as for an initiative petition and the applicant for such petition shall comply with the provisions of section 19-111. If a groundwater basin or sub-basin subbasin is located in two or more counties, the number of registered voters required to sign the petition shall be ten per cent percent of the registered voters residing within the boundaries of the groundwater basin or sub-basin subbasin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G I, within the county in which the plurality of the registered voters in the groundwater basin or sub-basin subbasin resides. B. Upon on receipt of a petition pursuant to subsection A, paragraph 2 of this section, the director shall transmit the petition to the county recorder of each county in which the groundwater basin or sub-basin subbasin is located for verification of signatures. In addition, the director shall transmit a map of the groundwater basin or sub-basin subbasin to the county recorder of each such county included. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin or sub-basin subbasin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin or sub-basin subbasin that may aid the county recorder in the determination of which registered voters of the county are residents of the groundwater basin or sub-basin subbasin. END_STATUTE |
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| 69 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 16-161, Arizona Revised Statutes, is amended to read: START_STATUTE16-161. Official record of registration; federal form; reporting A. When the registration form is filled out, signed by the elector and received by the county recorder, it shall constitute an official public record of the registration of the elector. B. On the dates prescribed by section 16-168, subsection G I, the county recorder shall report to the secretary of state and shall prominently post on the recorder's website the number of persons who are registered to vote using the federal or state voter registration form and who have not provided proof of citizenship to the county recorder and, after each general election, shall post on the recorder's website the number of ballots cast by those persons who were eligible to vote a ballot containing federal offices only. END_STATUTE Sec. 2. Section 16-168, Arizona Revised Statutes, is amended to read: START_STATUTE16-168. Precinct registers; date of preparation; contents; registration rolls access; reports; statewide database; violation; classification A. By the tenth day preceding the primary and general elections the county recorder shall prepare from the original registration forms or from electronic media at least four lists that are printed or typed on paper, or at least two electronic media poll lists, or any combination of both, of all qualified electors in each precinct in the county, and the lists shall be the official precinct registers. B. The official precinct registers for use at the polling place shall contain at least the names in full, party preference, date of registration and residence address of each qualified elector in the respective precincts. The names shall be in alphabetical order and, in a column to the left of the names, shall be numbered consecutively beginning with number 1 in each precinct register. C. For the purposes of transmitting voter registration information as prescribed by this subsection, electronic media shall be the principal media. A county or state chairman who is eligible to receive copies of precinct lists as prescribed by this subsection may request that the recorder provide a paper copy of the precinct lists. In addition to preparing the official precinct lists, the county recorder shall provide a means for electronically reproducing the precinct lists. Unless otherwise agreed, the county recorder shall deliver one electronic media copy of each precinct list in the county without charge and on the same day within eight days after the close of registration for the primary and general elections to the county chairman and one electronic media copy to the state chairman of each party that has at least four candidates other than presidential electors appearing on the ballot in that county at the current election. The secretary of state shall establish a single format that prescribes the manner and template in which all county recorders provide this data to the secretary of state to ensure that the submissions are uniform from all counties in this state, that all submissions are identical in format, including the level of detail for voting history, and that information may readily be combined from two or more counties. The electronic media copies of the precinct lists that are delivered to the party chairmen shall include for each elector the following information: 1. Name in full and appropriate title. 2. Party preference. 3. Date of registration. 4. Residence address. 5. Mailing address, if different from residence address. 6. Zip code. 7. Telephone number if given. 8. Birth year. 9. Occupation if given. 10. Voting history for all elections in the prior four years and any other information regarding registered voters that the county recorder or city or town clerk maintains electronically and that is public information. 11. All data relating to early voters, including ballot requests and ballot returns. D. The names on the precinct lists shall be in alphabetical order and the precinct lists in their entirety, unless otherwise agreed, shall be delivered to each county chairman and each state chairman within ten business days of after the close of each date for counting registered voters prescribed by subsection G H of this section other than the primary and general election registered voter counts in the same format and media as prescribed by subsection C of this section. During the thirty-three days immediately preceding an election and on request from a county or state chairman, the county recorder shall provide at no cost a daily list of persons who have requested an early ballot and shall provide at no cost a weekly listing of persons who have returned their early ballots. The recorder shall provide the daily and weekly information through the Friday preceding the election. On request from a county chairman or state chairman, the county recorder of a county with a population of more than eight hundred thousand persons shall provide at no cost a daily listing of persons who have returned their early ballots. The daily listing shall be provided Mondays through Fridays, beginning with the first Monday following the start of early voting and ending on the Monday before the election. [A county or state chairman who is eligible to receive copies of precinct lists as prescribed by this subsection may request that the recorder provide a paper copy of the precinct lists. In addition to preparing the official precinct lists, the county recorder shall provide a means for electronically reproducing the precinct lists. Unless otherwise agreed, the county recorder shall deliver one electronic media copy of each precinct list in the county without charge and on the same day within eight days after the close of registration for the primary and general elections to the county chairman and one electronic media copy to the state chairman of each party that has at least four candidates other than presidential electors appearing on the ballot in that county at the current election. The secretary of state shall establish a single format that prescribes the manner and template in which all county recorders provide this data to the secretary of state to ensure that the submissions are uniform from all counties in this state, that all submissions are identical in format, including the level of detail for voting history, and that information may readily be combined from two or more counties. The electronic media copies of the precinct lists that are delivered to the party chairmen shall include for each elector the following information: 1. Name in full and appropriate title. 2. Party preference. 3. Date of registration. 4. Residence address. 5. Mailing address, if different from residence address. 6. Zip code. 7. Telephone number if given. 8. Birth year. 9. Occupation if given. 10. Voting history for all elections in the prior four years and any other information regarding registered voters that the county recorder or city or town clerk maintains electronically and that is public information. 11. All data relating to early voters, including ballot requests and ballot returns. D. The names on the precinct lists shall be in alphabetical order and the precinct lists in their entirety, unless otherwise agreed, shall be delivered to each county chairman and each state chairman within ten business days of the close of each date for counting registered voters prescribed by subsection G of this section other than the primary and general election registered voter counts in the same format and media as prescribed by subsection C of this section. During the thirty-three days immediately preceding an election and on request from a county or state chairman, the county recorder shall provide at no cost a daily list of persons who have requested an early ballot and shall provide at no cost a weekly listing of persons who have returned their early ballots. The recorder shall provide the daily and weekly information through the Friday preceding the election. On request from a county chairman or state chairman, the county recorder of a county with a population of more than eight hundred thousand persons shall provide at no cost a daily listing of persons who have returned their early ballots. The daily listing shall be provided Mondays through Fridays, beginning with the first Monday following the start of early voting and ending on the Monday before the election.] E. The county recorder shall provide access to the voter registration rolls by way of an internet portal that is accessible to the public and that allows the information to be downloaded. The county recorder may not charge a fee for the access. E. F. Precinct registers and other lists and information derived from registration forms and from the voter registration rolls may be used only for purposes relating to a political or political party activity, a political campaign or an election, for revising election district boundaries or for any other purpose specifically authorized by law and may not be used for a commercial purpose as defined in section 39-121.03. The sale of registers, lists and information derived from registration forms to a candidate or a registered political committee for a use specifically authorized by this subsection does not constitute use for a commercial purpose. The county recorder, the secretary of state and other officers in charge of elections shall provide for electronic access to voter registration information and, on a request for an authorized a noncommercial use and within thirty days from receipt of the request, shall prepare additional copies of an official precinct list and furnish them to any person requesting them who establishes an electronic profile with the information provider and attests that the information will not be used for a commercial purpose and on payment of a fee equal to the following amounts for the following number of voter registration records provided: 1. For one to one hundred twenty-four thousand nine hundred ninety-nine records, $93.75 plus $0.0005 per record. 2. For one hundred twenty-five thousand to two hundred forty-nine thousand nine hundred ninety-nine records, $156.25 plus $0.000375 per record. 3. For two hundred fifty thousand to four hundred ninety-nine thousand nine hundred ninety-nine records, $203.13 plus $0.00025 per record. 4. For five hundred thousand to nine hundred ninety-nine thousand nine hundred ninety-nine records, $265.63 plus $0.000125 per record. 5. For one million or more records, $328.13 plus $0.0000625 per record. [The county recorder, the secretary of state and other officers in charge of elections,]shall provide for electronic access to voter registration information, and[on a request for] an authorized [use and within thirty days from receipt of the request, shall prepare additional copies of an official precinct list and furnish them to any person] requesting them who establishes an electronic profile with the information provider and attests that the information will not be used for a commercial purpose and[on payment of a fee equal to the following amounts for the following number of voter registration records provided: 1. For one to one hundred twenty-four thousand nine hundred ninety-nine records, $93.75 plus $0.0005 per record. 2. For one hundred twenty-five thousand to two hundred forty-nine thousand nine hundred ninety-nine records, $156.25 plus $0.000375 per record. 3. For two hundred fifty thousand to four hundred ninety-nine thousand nine hundred ninety-nine records, $203.13 plus $0.00025 per record. 4. For five hundred thousand to nine hundred ninety-nine thousand nine hundred ninety-nine records, $265.63 plus $0.000125 per record. 5. For one million or more records, $328.13 plus $0.0000625 per record.] F. G. Any person in possession of a precinct register or list, in whole or part, or any reproduction of a precinct register or list, shall not permit allow the register or list to be used, bought, sold or otherwise transferred for any purpose except for uses otherwise authorized by this section. A person in possession of information derived from voter registration forms or precinct registers shall not distribute, post or otherwise provide access to any portion of that information through the internet except as authorized by subsection I of this section. Nothing in This section shall does not preclude public inspection of voter registration records at the office of the county recorder for the purposes prescribed by this section, except that the month and day of birth date, the social security number or any portion thereof, the driver license number or nonoperating identification license number, the Indian census number, the father's name or mother's maiden name, the state or country of birth and the records containing a voter's signature and a voter's e-mail email address shall not be accessible or reproduced by any person other than the voter, by an authorized government official in the scope of the official's duties, for any purpose by an entity designated by the secretary of state as a voter registration agency pursuant to the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77), for signature verification on petitions and candidate filings, for election purposes and for news gathering purposes by a person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station or pursuant to a court order. Notwithstanding any other law, a voter's e-mail email address may not be released for any purpose. A person who violates this subsection Nothing in [This section] shall does not [preclude public inspection of voter registration records at the office of the county recorder for the purposes prescribed by this section, except that the month and day of birth date, the social security number or any portion thereof, the driver license number or nonoperating identification license number, the Indian census number, the father's name or mother's maiden name, the state or country of birth and the records containing a voter's signature and a voter's] e-mail email [address shall not be accessible or reproduced by any person other than the voter, by an authorized government official in the scope of the official's duties, for any purpose by an entity designated by the secretary of state as a voter registration agency pursuant to the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77), for signature verification on petitions and candidate filings, for election purposes and for news gathering purposes by a person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station or pursuant to a court order. Notwithstanding any other law, a voter's] e-mail email [address may not be released for any purpose. A person who violates this subsection or subsection E F of this section is guilty of a class 6 felony. G. H. The county recorder shall count the registered voters by political party by precinct, legislative district and congressional district as follows: 1. In even numbered years, the county recorder shall count all persons who are registered to vote as of: (a) January 2. (b) April 1. (c) The last day on which a person may register to be eligible to vote in the next primary election. (d) The last day on which a person may register to be eligible to vote in the next general election. (e) The last day on which a person may register to be eligible to vote in the next presidential preference election. 2. In odd numbered years, the county recorder shall count all persons who are registered to vote as of: (a) January 2. (b) April 1. (c) July 1. (d) October 1. H. I. The county recorder shall report the totals to the secretary of state as soon as is practicable following each of the dates prescribed in subsection G H of this section. The report shall include completed registration forms returned in accordance with section 16-134, subsection B. The county recorder shall also provide the report in a uniform electronic computer media format that shall be agreed on between the secretary of state and all county recorders. The secretary of state shall then prepare a summary report for the state and shall maintain that report as a permanent record. I. J. The county recorder and the secretary of state shall protect access to voter registration information in an auditable format and method specified in the secretary of state's electronic voting system instructions and procedures manual that is adopted pursuant to section 16-452. J. K. The secretary of state shall develop and administer a statewide database of voter registration information that contains the name and registration information of every registered voter in this state. The statewide database is a matter of statewide concern and is not subject to modification or further regulation by a political subdivision. The database shall include an identifier that is unique for each individual voter. The database shall provide for access by voter registration officials and shall allow expedited entry of voter registration information after it is received by county recorders. As a part of the statewide voter registration database, county recorders shall provide for the electronic transmittal of that information to the secretary of state on a real time basis. The secretary of state shall provide for maintenance of the database, including provisions regarding removal of ineligible voters that are consistent with the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77; 52 United States Code sections 20501 through 20511) and the help America vote act of 2002 (P.L. 107-252; 116 Stat. 1666; 52 United States Code sections 20901 through 21145), provisions regarding removal of duplicate registrations and provisions to ensure that eligible voters are not removed in error. For the purpose of maintaining compliance with the help America vote act of 2002, each county voter registration system is subject to approval by the secretary of state for compatibility with the statewide voter registration database system. K. L. Except as provided in subsection L M of this section, for requests for the use of registration forms and access to information as provided in subsections E and F and G of this section, the county recorder shall receive and respond to requests regarding federal, state and county elections. L. M. Beginning January 1, 2008, recognized political parties shall request precinct lists and access to information as provided in subsections E and F and G of this section during the time periods prescribed in subsection C or D of this section and the county recorder shall receive and respond to those requests. If the county recorder does not provide the requested materials within the applicable time prescribed for the county recorder pursuant to subsection C or D of this section, a recognized political party may request that the secretary of state provide precinct lists and access to information as provided in subsections E and F and G of this section for federal, state and county elections. The secretary of state shall not provide access to precinct lists and information for recognized political parties unless the county recorder has failed or refused to provide the lists and materials as prescribed by this section. The secretary of state may charge the county recorder a fee determined by rule for each name or record produced. M. N. For municipal registration information in those municipalities in which the county administers the municipal elections, county and state party chairmen shall request and obtain voter registration information and precinct lists from the city or town clerk during the time periods prescribed in subsection C or D of this section. If the city or town clerk does not provide that information within the same time prescribed for county recorders pursuant to subsection C or D of this section, the county or state party chairman may request and obtain the information from the county recorder. The county recorder shall provide the municipal voter registration and precinct lists within the time prescribed in subsection C or D of this section. [K. Except as provided in subsection L of this section, for requests for the use of registration forms and access to information as provided in subsections E and F of this section, the county recorder shall receive and respond to requests regarding federal, state and county elections. L. Beginning January 1, 2008, recognized political parties shall request precinct lists and access to information as provided in subsections E and F of this section during the time periods prescribed in subsection C or D of this section and the county recorder shall receive and respond to those requests. If the county recorder does not provide the requested materials within the applicable time prescribed for the county recorder pursuant to subsection C or D of this section, a recognized political party may request that the secretary of state provide precinct lists and access to information as provided in subsections E and F of this section for federal, state and county elections. The secretary of state shall not provide access to precinct lists and information for recognized political parties unless the county recorder has failed or refused to provide the lists and materials as prescribed by this section. The secretary of state may charge the county recorder a fee determined by rule for each name or record produced. M. For municipal registration information in those municipalities in which the county administers the municipal elections, county and state party chairmen shall request and obtain voter registration information and precinct lists from the city or town clerk during the time periods prescribed in subsection C or D of this section. If the city or town clerk does not provide that information within the same time prescribed for county recorders pursuant to subsection C or D of this section, the county or state party chairman may request and obtain the information from the county recorder. The county recorder shall provide the municipal voter registration and precinct lists within the time prescribed in subsection C or D of this section. N. O. The county recorders and the secretary of state shall not prohibit any person or entity prescribed in subsection C of this section from distributing a precinct list to any person or entity that is deemed to be using the precinct list in a lawful manner as prescribed in subsections E and F and G of this section. END_STATUTE Sec. 3. Section 16-244, Arizona Revised Statutes, is amended to read: START_STATUTE16-244. Representation on ballot A. To be eligible to participate in the presidential preference election, a political party shall be either of the following: 1. A political party that is entitled to continued representation on the state ballot pursuant to section 16-804. 2. A new political party that has become eligible for recognition and that will be represented by an official party ballot pursuant to section 16-801. A petition for recognition of a new political party shall be filed with the secretary of state not less than one hundred fifty nor more than one hundred eighty days before the presidential preference election, and in the same manner as prescribed in section 16-801. The petition shall be processed and verified as prescribed in section 16-803. A political party that is eligible for the presidential preference election ballot shall be represented on the subsequent primary and general election ballots in the year of the presidential election. B. Notwithstanding the provisions of section 16-804, subsection A, the secretary of state shall determine the political parties entitled to continued representation on the state ballot pursuant to section 16-804, subsection B if, on October 1 of the year immediately preceding the presidential preference election, that party has registered voters equal to at least two-thirds of one per cent of the total number of registered voters in this state. Each county recorder shall furnish the secretary of state with the number of registered voters as prescribed by section 16-168, subsection G H, paragraph 2, subdivision (d).END_STATUTE Sec. 4. Section 16-322, Arizona Revised Statutes, is amended to read: START_STATUTE16-322. Number of signatures required on nomination petitions A. Nomination petitions shall be signed by a number of qualified signers equal to: 1. If for a candidate for the office of United States senator or for a state office, excepting members of the legislature and superior court judges, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the this state. 2. If for a candidate for the office of representative in Congress, at least one-half of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected, except that if for a candidate for a special election to fill a vacancy in the office of representative in Congress, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected. 3. If for a candidate for the office of member of the legislature, at least one-half of one percent but not more than three percent of the total number of qualified signers in the district from which the member of the legislature may be elected. 4. If for a candidate for a county office or superior court judge, at least one percent but not more than ten percent of the total number of qualified signers in the county or district, except that if for a candidate from a county with a population of two hundred thousand persons or more, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the county or district. 5. If for a candidate for a community college district, at least one-quarter of one percent but not more than ten percent of the total voter registration in the precinct as established pursuant to section 15-1441. Notwithstanding the total voter registration in the community college district, the maximum number of signatures required by this paragraph is one thousand. 6. If for a candidate for county precinct committeeman, at least two percent but not more than ten percent of the party voter registration in the precinct or ten signatures, whichever is less. 7. If for a candidate for justice of the peace or constable, at least one percent but not more than ten percent of the number of qualified signers in the precinct. 8. If for a candidate for mayor or other office nominated by a city at large, at least five percent and not more than ten percent of the designated party vote in the city, except that a city that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be one thousand signatures or five percent of the vote in the city, whichever is less, but not more than ten percent of the vote in the city. 9. If for an office nominated by ward, precinct or other district of a city, at least five percent and not more than ten percent of the designated party vote in the ward, precinct or other district, except that a city that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be two hundred fifty signatures or five percent of the vote in the district, whichever is less, but not more than ten percent of the vote in the district. 10. If for a candidate for an office nominated by a town at large, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five percent and not more than ten percent of the vote in the town, except that a town that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be one thousand signatures or five percent of the vote in the town, whichever is less, but not more than ten percent of the vote in the town. 11. If for a candidate for a governing board of a school district or a career technical education district, at least one-half of one percent of the total voter registration in the school district or career technical education district if the board members are elected at large or one percent of the total voter registration in the single member district if governing board members are elected from single member districts or one-half of one percent of the total voter registration in the single member district if career technical education district board members are elected from single member districts. Notwithstanding the total voter registration in the school district, career technical education district or single member district of the school district or career technical education district, the maximum number of signatures required by this paragraph is four hundred. 12. If for a candidate for a governing body of a special district as described in title 48, at least one-half of one percent of the vote in the special district but not more than two hundred fifty and not fewer than five signatures. B. The basis of percentage in each instance referred to in subsection A of this section, except in cities, towns and school districts, shall be is the number of qualified signers as determined from the voter registration totals as reported pursuant to section 16-168, subsection G I on January 2 of the year in which the general election is held. In cities, the basis of percentage shall be is the vote of the party for mayor at the last preceding election at which a mayor was elected. In towns, the basis of percentage shall be is the highest vote cast for an elected official of the town at the last preceding election at which an official of the town was elected. In school districts or career technical education districts, the basis of percentage shall be is the total number of active registered voters in the school district or career technical education district or single member district, whichever applies. The total number of active registered voters for school districts or career technical education districts shall be calculated using the periodic reports prepared by the county recorder pursuant to section 16-168, subsection G I. The count that is reported on January 2 of the year in which the general election is held shall be is the basis for the calculation of total voter registration for school districts or career technical education districts. C. In primary elections, the signature requirement for party nominees, other than nominees of the parties entitled to continued representation pursuant to section 16-804, is at least one-tenth of one percent of the total vote for the winning candidate or candidates for governor or presidential electors at the last general election within the district. Signatures must be obtained from qualified electors who are qualified to vote for the candidate whose nomination petition they are signing. D. If new boundaries for congressional districts or legislative districts are established and effective subsequent to January 2 of the year of a general election and before the first date for filing of nomination petitions, the basis for determining the required number of nomination petition signatures is the number of qualified signers in the elective office or district that was effective on January 2 of the year of a general election. If new boundaries for supervisorial districts, justice precincts or election precincts are adopted after January 2 of the year of a general election and before the last date for filing of nomination petitions for the elective office, district or precinct, the basis for determining the required number of nomination petition signatures is the number of qualified signers in the elective office, district or precinct on the effective date of the new district or precinct. END_STATUTE Sec. 5. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 16-407.04, to read: START_STATUTE16-407.04. Voting location ballot report; public record Notwithstanding any other law, before leaving a voting location at the end of election day for each election, the inspector shall send the data from the voting location ballot report to the election department and the officer in charge of elections, not later than the last posting of election results for that night, shall make that data available as a public record. [Notwithstanding any other law, before leaving a voting location at the end of election day for each election, the inspector shall send the data from the voting location ballot report to the election department and the officer in charge of elections shall, not later than the last posting of results for that night make that data available as a public record.] END_STATUTE Sec. 6. Section 16-602, Arizona Revised Statutes, is amended to read: START_STATUTE16-602. Removal of ballots from ballot boxes; designated margin; hand counts; vote count verification committee A. For any primary, special or general election in which the votes are cast on an electronic voting machine or tabulator, the election judge shall compare the number of votes cast as indicated on the machine or tabulator with the number of votes cast as indicated on the poll list and the number of provisional ballots cast and that information shall be noted in a written report prepared and submitted to the officer in charge of elections along with other tally reports. B. For each countywide primary, special, general and presidential preference election, the county officer in charge of the election shall conduct a hand count at one or more secure facilities. The hand count shall be conducted as prescribed by this section and in accordance with hand count procedures established by the secretary of state in the official instructions and procedures manual adopted pursuant to section 16-452. The hand count is not subject to the live video requirements of section 16-621, subsection D, but the party representatives who are observing the hand count may bring their own video cameras in order to record the hand count. The recording shall not interfere with the conduct of the hand count and the officer in charge of the election may prohibit from recording or remove from the facility persons who are taking actions to disrupt the count. The sole act of recording the hand count does not constitute sufficient grounds for the officer in charge of the election to prohibit observers from recording or to remove them from the facility. The hand count shall be conducted in the following order: 1. At least two percent of the precincts in that county, or two precincts, whichever is greater, shall be selected at random from a pool consisting of every precinct in that county. The county political party chairperson for each political party that is entitled to continued representation on the state ballot or the chairperson's designee shall conduct the selection of the precincts to be hand counted. The precincts shall be selected by lot without the use of a computer, and the order of selection by the county political party chairpersons shall also be by lot. The selection of the precincts shall not begin until all ballots voted in the precinct polling places have been delivered to the central counting center. The unofficial vote totals from all precincts shall be made public before selecting the precincts to be hand counted. Only the ballots cast in the polling places and ballots from direct recording electronic machines shall be included in the hand counts conducted pursuant to this section. Provisional ballots, conditional provisional ballots and write-in votes shall not be included in the hand counts and the early ballots shall be grouped separately by the officer in charge of elections for purposes of a separate manual audit pursuant to subsection F of this section. 2. The races to be counted on the ballots from the precincts that were selected pursuant to paragraph 1 of this subsection for each primary, special and general election shall include up to five contested races. After the county recorder or other officer in charge of elections separates the primary ballots by political party, the races to be counted shall be determined by selecting by lot without the use of a computer from those ballots as follows: (a) For a general election, one statewide ballot measure, unless there are no measures on the ballot. (b) One contested statewide race for statewide office. (c) One contested race for federal office, either United States senate or United States house of representatives. If the United States house of representatives race is selected, the names of the candidates may vary among the sampled precincts. (d) One contested race for state legislative office, either state house of representatives or state senate. In either case, the names of the candidates may vary among the sampled precincts. (e) If there are fewer than four contested races resulting from the selections made pursuant to subdivisions (a) through (d) of this paragraph and if there are additional contested federal, statewide or legislative races or ballot measures, additional contested races shall be selected by lot not using a computer until four races have been selected or until no additional contested federal, statewide or legislative races or ballot measures are available for selection. (f) If there are no contested races as prescribed by this paragraph, a hand count shall not be conducted for that precinct for that election. 3. For the presidential preference election, select by lot two percent of the polling places designated and used pursuant to section 16-248 and perform the hand count of those ballots. 4. For the purposes of this section, a write-in candidacy in a race does not constitute a contested race. 5. In elections in which there are candidates for president, the presidential race shall be added to the four categories of hand counted races. 6. Each county chairperson of a political party that is entitled to continued representation on the state ballot or the chairperson's designee shall select by lot the individual races to be hand counted pursuant to this section. 7. Political party designees who are selected pursuant to this paragraph shall perform the hand count under the supervision of the county officer in charge of elections. The county officer in charge of elections shall provide compensation for those selected to perform the hand count, not to include travel, meal or lodging expenses. The hand count shall not proceed unless the political parties provide the officer in charge of elections in writing a sufficient number of persons pursuant to this paragraph by 5:00 p.m. on the Thursday preceding the election and a sufficient number of persons prescribed by this paragraph arrive to perform the hand count. Political party designees shall be selected to perform the hand count as follows: (a) The county chairperson of each political party shall designate and provide to both the county officer in charge of elections and the state party chairperson the number of hand count board members as designated by the county officer in charge of elections. If the county party chairperson fails to designate a sufficient number of hand count board workers, the state party chairperson shall designate qualified electors to be hand count board workers. If the county chairpersons and the state party chairpersons fail to designate a sufficient number of hand count board workers, the highest-ranking official holding a statewide office of each political party shall designate qualified electors to be hand count board workers. For the purposes of this subdivision, the ranking of officials holding statewide office shall be governor, secretary of state, attorney general, state treasurer, superintendent of public instruction, corporation commissioners in order of seniority, mine inspector, senate majority and minority leaders and house of representatives majority and minority leaders. (b) The political parties shall provide to the county officer in charge of elections in writing the names of those persons intending to participate in the hand count at the audited precincts not later than 5:00 p.m. on the second Tuesday preceding the election. (c) If the total number of hand count board workers provided by all parties is less than the number designated by the county officer in charge of elections, the county officer in charge of elections shall notify the parties of the shortage not later than 9:00 a.m. on the second Wednesday preceding the election and the political parties have until 9:00 a.m. on the second Thursday preceding the election to provide the county officer in charge of elections with an additional list of qualified electors who are willing to participate in the hand count. (d) The county officer in charge of elections shall distribute the list provided pursuant to subdivision (c) of this paragraph to the county chairperson and state chairperson of each recognized political party in the county and state not later than 5:00 p.m. on the second Friday preceding the election. (e) The selection of persons to perform the hand count shall ensure that not more than seventy-five percent of the persons conducting the hand count are members of the same political party. (f) The county recorder or county officer in charge of elections may prohibit persons from participating in the hand count if the persons are taking actions to disrupt the count or are unable to perform the duties as assigned. 8. If a political party is not represented by a designated chairperson within a county, the state chairperson for that political party, or a person designated by the state chairperson, may perform the actions required by the county chairperson as specified in this section. C. If the randomly selected races result in a difference in any race that is less than the designated margin when compared to the electronic tabulation of those same ballots, the results of the electronic tabulation constitute the official count for that race. If the randomly selected races result in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation of those same ballots, a second hand count of those same ballots and races shall be performed. If the second hand count results in a difference in any race that is less than the designated margin when compared to the electronic tabulation for those same ballots, the electronic tabulation constitutes the official count for that race. If the second hand count results in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation for those same ballots, the hand count shall be expanded to include a total of twice the original number of randomly selected precincts. Those additional precincts shall be selected by lot without the use of a computer. D. In any expanded count of randomly selected precincts, if the randomly selected precinct hand counts result in a difference in any race that is equal to or greater than the designated margin when compared to the electronic tabulation of those same ballots, the final hand count shall be extended to include the entire jurisdiction for that race. If the jurisdictional boundary for that race would include any portion of more than one county, the final hand count shall not be extended into the precincts of that race that are outside of the county that is conducting the expanded hand count. If the expanded hand count results in a difference in that race that is less than the designated margin when compared to the electronic tabulation of those same ballots, the electronic tabulation constitutes the official count for that race. E. If a final hand count is performed for an entire jurisdiction for a race, the final hand count shall be repeated for that race until a hand count for that race for the entire jurisdiction results in a count that is identical to one other hand count for that race for the entire jurisdiction and that hand count constitutes the official count for that race. F. After the electronic tabulation of early ballots and at one or more times selected by the chairperson of the political parties entitled to continued representation on the ballot or the chairperson's designee, the chairpersons or the chairpersons' designees shall randomly select one or more batches of early ballots that have been tabulated to include at least one batch from each machine used for tabulating early ballots and those ballots shall be securely sequestered by the county recorder or officer in charge of elections along with their unofficial tally reports for a postelection manual audit. The chairpersons or the chairpersons' designees shall randomly select from those sequestered early ballots a number equal to one percent of the total number of early ballots cast or five thousand early ballots, whichever is less. From those randomly selected early ballots, the county officer in charge of elections shall conduct a manual audit of the same races that are being hand counted pursuant to subsection B of this section. If the manual audit of the early ballots results in a difference in any race that is equal to or greater than the designated margin when compared to the electronically tabulated results for those same early ballots, the manual audit shall be repeated for those same early ballots. If the second manual audit results in a difference in that race that is equal to or greater than the designated margin when compared to the electronically tabulated results for those same early ballots, the manual audit shall be expanded only for that race to a number of additional early ballots equal to one percent of the total early ballots cast or an additional five thousand ballots, whichever is less, to be randomly selected from the batch or batches of sequestered early ballots. If the expanded early ballot manual audit results in a difference for that race that is equal to or greater than the designated margin when compared to any of the earlier manual counts for that race, the manual counts shall be repeated for that race until a manual count results in a difference in that race that is less than the designated margin. If at any point in the manual audit of early ballots the difference between any manual count of early ballots is less than the designated margin when compared to the electronic tabulation of those ballots, the electronic tabulation shall be included in the canvass and no further manual audit of the early ballots shall be conducted. At the discretion of the county board of supervisors, the county officer in chardiscretion of the county board of supervisors, the county officer in charge of elections may perform an expanded postelection hand count of up to one hundred percent of ballots cast against the tabulation report. G. During any hand count of early ballots, the county officer in charge of elections and election board workers shall attempt to determine the intent of the voter in casting the ballot. H. Notwithstanding any other law, the county officer in charge of elections shall retain custody of the ballots for purposes of performing any required hand counts and the officer shall provide for security for those ballots. I. The hand counts prescribed by this section shall begin within twenty-four hours after the closing of the polls and shall be completed before the canvassing of the election for that county. The county shall make available on the county's website the results of those hand counts and shall provide the results to the secretary of state, who shall make those results publicly available on the secretary of state's website. J. For any county in which a hand count has been expanded to all precincts in the jurisdiction, the secretary of state shall make available the escrowed source code for that county to the superior court. The superior court shall appoint a special master to review the computer software. The special master shall have expertise in software engineering, shall not be affiliated with an election software vendor nor with a candidate, shall sign and be bound by a nondisclosure agreement regarding the source code itself and shall issue a public report to the court and to the secretary of state regarding the special master's findings on the reasons for the discrepancies. The secretary of state shall consider the reports for purposes of reviewing the certification of that equipment and software for use in this state. K. The vote count verification committee is established in the office of the secretary of state and all of the following apply: 1. At least thirty days before the 2006 primary election, the secretary of state shall appoint seven persons to the committee, not more than three of whom are members of the same political party. 2. Members of the committee shall have expertise in any two or more of the areas of advanced mathematics, statistics, random selection methods, systems operations or voting systems. 3. A person is not eligible to be a committee member if that person has been affiliated with or received any income in the preceding five years from any person or entity that provides election equipment or services in this state. 4. The vote count verification committee shall meet and establish one or more designated margins to be used in reviewing the hand counting of votes as required pursuant to this section. The committee shall review and consider revising the designated margins every two years for use in the applicable elections. The committee shall provide the designated margins to the secretary of state at least ten days before the primary election and at least ten days before the general election, and the secretary of state shall make that information publicly available on the secretary of state's website. 5. Members of the vote count verification committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. The committee is a public body and its meetings are subject to title 38, chapter 3, article 3.1 and its reports and records are subject to title 39, chapter 1.END_STATUTE Sec. 7. Section 16-821, Arizona Revised Statutes, is amended to read: START_STATUTE16-821. County committee; vacancy in office of precinct committeeman A. At the primary election the members of a political party who are entitled to representation pursuant to section 16-804 residing and who reside in each precinct shall choose one of their number as a county precinct committeeman, and the members shall choose one additional precinct committeeman for each one hundred twenty-five voters or major fraction thereof who are registered in the party in the precinct as reported pursuant to section 16-168, subsection G I on January 2 of the year in which the general election is held. The whole number of precinct committeemen of a political party shall constitute the county committee of the party. B. The board of supervisors upon on the recommendation of the county chairman, or the recommendation of a committee designated in the bylaws of the county committee for that purpose, shall determine when a vacancy exists in the office of precinct committeeman. If a vacancy exists, the vacancy shall be filled by the board of supervisors from a list of names submitted by the county chairman of the appropriate political party. Only a precinct committeeman who is elected at the primary election prior to before the date of a state or county committee organizing meeting shall be permitted to vote at such the meeting. The criteria used to establish when a vacancy exists in the office of precinct committeeman shall be as established in section 38-291.END_STATUTE Sec. 8. Section 45-415, Arizona Revised Statutes, is amended to read: START_STATUTE45-415. Local initiation for active management area; procedures A. A groundwater basin that is not included within an initial active management area may be designated an active management area on petition by ten percent of the registered voters residing within the boundaries of the proposed active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G I, and a subsequent election held pursuant to the general election laws of this state. The form of the petition shall be the same as for initiative petitions, and the applicant for the petition shall comply with section 19-111. B. On application for a petition number with the clerk of the board of supervisors or county election officer, the director shall transmit a map of the groundwater basin to the county recorder of each county in which the proposed active management area is located. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin that may aid the county recorder in the determination of which registered voters of the county are residents of the groundwater basin. C. Any registered voter of a county whose residency in the groundwater basin is in question shall be allowed to vote. The ballot shall be placed in a separate envelope, the outside of which shall contain the precinct name and number, the signature of the voter, the residence address of the voter and the voter registration number of the voter, if available. The voter receipt card shall be attached to the envelope. The county recorder shall verify the ballot for proper residency of the voter before counting. Such verification shall be made within five business days following the election, and the voter receipt card shall be returned to the voter. Verified ballots shall be counted using the procedure outlined for counting early ballots. If residency in the groundwater basin is not verified, the ballot shall remain unopened and shall be destroyed. D. Except as provided in subsection E of this section, all election expenses incurred pursuant to this section are the responsibility of the county involved. E. If a groundwater basin is located in two or more counties, the following procedures apply: 1. The petition shall be filed with the clerk of the board of supervisors or county election officer of the county in which the plurality of the registered voters in the groundwater basin resides. 2. The number of registered voters required to sign the petition shall be ten percent of the registered voters residing within the boundaries of the proposed active management area, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G I, within the county in which the plurality of the registered voters in the groundwater basin resides. 3. The election shall be called by the board of supervisors of the county in which the petition is filed, and the board shall immediately notify the board of supervisors of any other county included in the groundwater basin of the date of the election. The election shall be held not less than sixty days or more than ninety days from the date of the call. The board of supervisors so notified shall then call the election in that county for the same date and follow the procedures for conducting the general elections in this state. 4. All election expenses incurred pursuant to this subsection are the responsibilities of the counties involved on a proportional basis considering the number of registered voters of each county that are residents of the groundwater basin. F. The ballot shall be worded, "should the (insert name of basin) groundwater basin be designated an active management area?" followed by the words "yes" and "no".END_STATUTE Sec. 9. Section 45-433, Arizona Revised Statutes, is amended to read: START_STATUTE45-433. Local initiation for designation; procedures A. The designation of a subsequent irrigation non-expansion area may be initiated by the director or by petition to the director signed by either: 1. Not less than twenty-five irrigation users of groundwater, or one-fourth of the irrigation users of groundwater within the boundaries of the groundwater basin or sub-basin subbasin specified in the petition. 2. Ten per cent percent of the registered voters residing within the boundaries of the groundwater basin or sub-basin subbasin specified in the petition as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G I. The form of the petition shall be the same as for an initiative petition and the applicant for such petition shall comply with the provisions of section 19-111. If a groundwater basin or sub-basin subbasin is located in two or more counties, the number of registered voters required to sign the petition shall be ten per cent percent of the registered voters residing within the boundaries of the groundwater basin or sub-basin subbasin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G I, within the county in which the plurality of the registered voters in the groundwater basin or sub-basin subbasin resides. B. Upon on receipt of a petition pursuant to subsection A, paragraph 2 of this section, the director shall transmit the petition to the county recorder of each county in which the groundwater basin or sub-basin subbasin is located for verification of signatures. In addition, the director shall transmit a map of the groundwater basin or sub-basin subbasin to the county recorder of each such county included. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin or sub-basin subbasin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin or sub-basin subbasin that may aid the county recorder in the determination of which registered voters of the county are residents of the groundwater basin or sub-basin subbasin. END_STATUTE |
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