| 1 | 1 | | REFERENCE TITLE: election duties; county recorders State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1686 Introduced by Senators Mesnard: Farnsworth, Finchem, Hoffman, Petersen, Shamp; Representatives Blackman, Bliss, Carbone, Carter N, Carter P, Chaplik, Diaz, Fink, Gillette, Griffin, Heap, Hendrix, Keshel, Kolodin, Kupper, Martinez, Montenegro, Nguyen, Olson, Pea, Pingerelli, Powell, Way, Willoughby An Act amending title 16, chapter 1.1, article 1, Arizona Revised Statutes, by adding section 16-194; amending sections 16-411, 16-449, 16-503, 16-608 and 16-621, Arizona Revised Statutes; relating to the conduct of elections. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 11 | 11 | | REFERENCE TITLE: election duties; county recorders |
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| 12 | 12 | | State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 |
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| 13 | 13 | | SB 1686 |
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| 14 | 14 | | Introduced by Senators Mesnard: Farnsworth, Finchem, Hoffman, Petersen, Shamp; Representatives Blackman, Bliss, Carbone, Carter N, Carter P, Chaplik, Diaz, Fink, Gillette, Griffin, Heap, Hendrix, Keshel, Kolodin, Kupper, Martinez, Montenegro, Nguyen, Olson, Pea, Pingerelli, Powell, Way, Willoughby |
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| 16 | 16 | | REFERENCE TITLE: election duties; county recorders |
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| 26 | 26 | | State of Arizona |
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| 28 | 28 | | Senate |
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| 30 | 30 | | Fifty-seventh Legislature |
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| 32 | 32 | | First Regular Session |
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| 34 | 34 | | 2025 |
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| 42 | 42 | | SB 1686 |
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| 46 | 46 | | Introduced by |
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| 48 | 48 | | Senators Mesnard: Farnsworth, Finchem, Hoffman, Petersen, Shamp; Representatives Blackman, Bliss, Carbone, Carter N, Carter P, Chaplik, Diaz, Fink, Gillette, Griffin, Heap, Hendrix, Keshel, Kolodin, Kupper, Martinez, Montenegro, Nguyen, Olson, Pea, Pingerelli, Powell, Way, Willoughby |
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| 66 | 66 | | An Act |
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| 70 | 70 | | amending title 16, chapter 1.1, article 1, Arizona Revised Statutes, by adding section 16-194; amending sections 16-411, 16-449, 16-503, 16-608 and 16-621, Arizona Revised Statutes; relating to the conduct of elections. |
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| 76 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 16, chapter 1.1, article 1, Arizona Revised Statutes, is amended by adding section 16-194, to read: START_STATUTE16-194. Definition of officer in charge of elections In this title, unless the context otherwise requires, for a county, "officer in charge of elections" means the county recorder. END_STATUTE Sec. 2. Section 16-411, Arizona Revised Statutes, is amended to read: START_STATUTE16-411. Designation of election precincts and polling places; voting centers; electioneering; wait times A. The board of supervisors county recorder of each county, on or before October 1 of each year preceding the year of a general election, by an order, shall establish a convenient number of election precincts in the county and define the boundaries of the precincts as follows: 1. The election precinct boundaries shall be established so as to be included within election districts prescribed by law for elected officers of the state and its political subdivisions, including community college district precincts, except those elected officers provided for in titles 30 and 48. 2. If after October 1 of the year preceding the year of a general election the board of supervisors county recorder must further adjust precinct boundaries due to the redistricting of election districts as prescribed by law and to comply with this subsection, the board of supervisors county recorder shall adjust these precinct boundaries as soon as is practicable. B. At least twenty days before a general or primary election, and at least ten days before a special election, the board county recorder shall designate one polling place within each precinct where the election shall be held, except that: 1. On a specific finding of the board county recorder, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for that precinct may be designated within an adjacent precinct. 2. Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48. The officer in charge of elections may also split a precinct for administrative purposes. The polling places shall be listed in separate sections of the order or resolution. 3. On a specific finding of the board county recorder that the number of persons who are listed as early voters pursuant to section 16-544 and who are not expected to have their ballots tabulated at the polling place as prescribed in section 16-579.02 is likely to substantially reduce the number of voters appearing at one or more specific polling places at that election, adjacent precincts may be consolidated by combining polling places and precinct boards for that election. The board of supervisors county recorder shall ensure that a reasonable and adequate number of polling places will be designated for that election. Any consolidated polling places shall be listed in separate sections of the order or resolution of the board county recorder. 4. On a specific resolution order of the board county recorder, the board county recorder may authorize the use of voting centers in place of or in addition to specifically designated polling places. A voting center shall allow any voter in that county to receive the appropriate ballot for that voter on election day after presenting identification as prescribed in section 16-579 and to lawfully cast the ballot. Voting centers may be established in coordination and consultation with the county recorder, at other county offices or at other locations in the county deemed appropriate. 5. On a specific resolution order of the board of supervisors county recorder that is limited to a specific election date and that is voted on by a recorded vote, the board county recorder may authorize the county recorder or other officer in charge of elections to use of emergency voting centers as follows: (a) The board county recorder shall specify in the resolution order the location and the hours of operation of the emergency voting centers. (b) A qualified elector voting at an emergency voting center shall provide identification as prescribed in section 16-579, except that notwithstanding section 16-579, subsection A, paragraph 2, for any voting at an emergency voting center, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452. (c) If an emergency voting center established pursuant to this section becomes unavailable and there is not sufficient time for the board of supervisors to convene to approve an alternate location for that emergency voting center, the county recorder or other officer in charge of elections may make changes to the approved emergency voting center location and shall notify the public and the board of supervisors regarding that change as soon as practicable. The alternate emergency voting center shall be as close in proximity to the approved initial emergency voting center location as possible. C. If the board county recorder fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peace in the precinct, two days before the election, by an order, copies of which the justice of the peace shall immediately post in three public places in the precinct, shall designate the place within the precinct for holding the election. If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election board of the precinct shall designate and give notice of the place within the precinct of holding the election. For any election in which there are no candidates for elected office appearing on the ballot, the board county recorder may consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply: 1. All affected voters are notified by mail of the change at least thirty-three days before the election. 2. Notice of the change in polling places includes notice of the new voting location, notice of the hours for voting on election day and notice of the telephone number to call for voter assistance. 3. All affected voters receive information on early voting that includes the application used to request an early voting ballot. D. The board county recorder is not required to designate a polling place for special district mail ballot elections held pursuant to article 8.1 of this chapter, but the board county recorder may designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the day of the election. E. Except as provided in subsection F of this section, a public school shall provide sufficient space for use as a polling place for any city, county or state election when requested by the officer in charge of elections. F. The principal of the school may deny a request to provide space for use as a polling place for any city, county or state election if, within two weeks after a request has been made, the principal provides a written statement indicating a reason the election cannot be held in the school, including any of the following: 1. Space is not available at the school. 2. The safety or welfare of the children would be jeopardized. G. Beginning in 2026, the department of administration shall coordinate with state agencies and counties to provide available and appropriate state-owned facilities for use as a voting location for any city, county or state election when requested by the officer in charge of elections. H. The board county recorder shall make available to the public as a public record a list of the polling places for all precincts in which the election is to be held. I. Except in the case of an emergency, any facility that is used as a polling place on election day or that is used as an early voting site during the period of early voting shall allow persons to electioneer and engage in other political activity outside of the seventy-five foot limit prescribed by section 16-515 in public areas and parking lots used by voters. This subsection does not allow the temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters. The county recorder or other officer in charge of elections shall post on its website at least two weeks before election day a list of those polling places in which emergency conditions prevent electioneering and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. If the polling place is not on the website list of polling places with emergency designations, electioneering and other political activity shall be allowed outside of the seventy-five foot limit. If an emergency arises after the county recorder or other officer in charge of elections' initial website posting, the county recorder or other officer in charge of elections shall update the website as soon as is practicable to include any new polling places, shall highlight the polling place location on the website and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. J. For the purposes of this section, a county recorder or other the officer in charge of elections shall designate a polling place as an emergency polling place and thus prohibit persons from electioneering and engaging in other political activity outside of the seventy-five foot limit prescribed by section 16-515 but inside the property of the facility that is hosting the polling place if any of the following occurs: 1. An act of God renders a previously set polling place as unusable. 2. A county recorder or other The officer in charge of elections has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation. K. The secretary of state shall provide through the instructions and procedures manual adopted pursuant to section 16-452 the maximum allowable wait time for any election that is subject to section 16-204 and provide for a method to reduce voter wait time at the polls in the primary and general elections. The method shall consider at least all of the following for primary and general elections in each precinct: 1. The number of ballots voted in the prior primary and general elections. 2. The number of registered voters who voted early in the prior primary and general elections. 3. The number of registered voters and the number of registered voters who cast an early ballot for the current primary or general election. 4. The number of registered voters whose early ballots were tabulated on-site as prescribed in section 16-579.02 in the prior primary and general elections. 5. The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls.END_STATUTE Sec. 3. Section 16-449, Arizona Revised Statutes, is amended to read: START_STATUTE16-449. Required test of equipment and programs; notice; procedures manual A. Within the period of time before the election day prescribed by the secretary of state in the instructions and procedures manual adopted pursuant to section 16-452, the board of supervisors or other election officer in charge of elections, or for an election involving state or federal candidates, the secretary of state, shall have test the automatic tabulating equipment and programs tested to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least forty-eight hours prior thereto before the test by publication once in one or more daily or weekly newspapers published in the town, city or village using such equipment, if a newspaper is published therein, in the town, city or village otherwise in a newspaper of general circulation therein. The test shall be observed by at least two election inspectors, who shall not be of the same political party, and shall be open to representatives of the political parties, candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject such votes. If any error is detected, the cause therefor for the error shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment and programs are approved. A copy of a revised program shall be filed with the secretary of state within forty-eight hours after the revision is made. If the error was created by automatic tabulating equipment malfunction, a report shall be filed with the secretary of state within forty-eight hours after the correction is made, stating the cause and the corrective action taken. The test shall be repeated immediately before the start of the official count of the ballots in the same manner as set forth above. After the completion of the count, the programs used and the ballots shall be sealed, retained and disposed of as provided for paper ballots. B. Electronic ballot tabulating systems shall be tested for logic and accuracy within seven days before their use for early balloting pursuant to the instructions and procedures manual for electronic voting systems that is adopted by the secretary of state as prescribed by section 16-452. The instructions and procedures manual shall include procedures for the handling of ballots, the electronic scanning of ballots and any other matters necessary to ensure the maximum degree of correctness, impartiality and uniformity in the administration of an electronic ballot tabulating system. C. Notwithstanding subsections A and B of this section, if a county uses accessible voting equipment to mark ballots and that accessible voting equipment does not independently tabulate or tally votes, the secretary of state in cooperation with the county officer in charge of elections may designate a single date to test the logic and accuracy of both the accessible voting equipment and electronic ballot tabulating systems. END_STATUTE Sec. 4. Section 16-503, Arizona Revised Statutes, is amended to read: START_STATUTE16-503. Duty to prepare and provide ballots; cost of printing ballots and instruction cards as public expense A. The board of supervisors county recorder, and in city and town elections, the city or town clerk, shall prepare and provide ballots containing the names of all persons whose certificates of nomination have been filed with them. The ballots shall be printed and ready for inspection by the candidates and their agents at least ten days before a general election and at least five days before a city or town election. B. All ballots cast in elections for public office within the this state, and the cards of instruction to voters, shall be printed, delivered and distributed at public expense and shall be a county charge, but when used at local elections shall be a charge against the city or town in which the local election is held. C. For special district elections the governing body is responsible for the duties and charges as provided in subsections A and B of this section. END_STATUTE Sec. 5. Section 16-608, Arizona Revised Statutes, is amended to read: START_STATUTE16-608. Delivery of ballots; electronic voting system A. After the close of the polls and after compliance with section 16-602 the members of the election board shall prepare a report in duplicate of the number of voters who have voted, as indicated on the poll list, and place this report in the ballot box or metal container, in which the voted ballots have been placed, which thereupon shall be sealed with a numbered seal and delivered promptly by two members of the election board of different political parties to the central counting place or other receiving station designated by the board of supervisors or officer in charge of elections, which shall not be more than fifty miles from the polling place from which the ballots are delivered. The person in charge of receiving ballots shall give a numbered receipt acknowledging receipt of such ballots to the person in charge who delivers such ballots. B. The chairman chairperson of the county committee of each political party represented on the ballot may designate a member of his the chairperson's party to accompany the ballots from each polling place to the central counting place. Such The party representative shall serve without compensation. END_STATUTE Sec. 6. Section 16-621, Arizona Revised Statutes, is amended to read: START_STATUTE16-621. Proceedings at the counting center A. All proceedings at the counting center shall be under the direction of the board of supervisors or other officer in charge of elections and shall be conducted in accordance with the approved instructions and procedures manual issued pursuant to section 16-452 under the observation of representatives of each political party and the public. The proceedings at the counting center may also be observed by up to three additional people representing a candidate for nonpartisan office, or representing a political committee in support of or in opposition to a ballot measure, proposition or question. A draw by lot shall determine which three groups or candidates shall have representatives participate in the observation at the counting center. Persons representing a candidate for nonpartisan office or persons or groups representing a political committee in support of or in opposition to a ballot measure, proposition or question, who are interested in participating in the observation, shall notify the officer in charge of elections of their desire to be included in the draw not later than seventeen days before the election. After the deadline to receive submissions from the interested persons or groups, but prior to fourteen days before the election, the county officer in charge of elections shall draw by lot, from the list of those that expressed interest, three persons or groups and those selected shall be notified and allowed to observe the proceedings at the counting center. If a group is selected the group may alter who represents that group for different days of observation but on any given observation day a selected group shall not send more than one observer. A group may rotate an observer throughout the day. Only those persons who are authorized for the purpose shall touch any ballot or ballot card or return. All persons who are engaged in processing and counting of the ballots shall be qualified electors, shall be deputized in writing and shall take an oath that they will faithfully perform their assigned duties. There shall be no preferential counting of ballots for the purpose of projecting the outcome of the election. If any ballot, including any ballot received from early voting, is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy shall be made of the damaged or defective ballot in the presence of witnesses and substituted for the damaged or defective ballot. All duplicate ballots created pursuant to this subsection shall be clearly labeled "duplicate" and shall bear a serial number that shall be recorded on the damaged or defective ballot. B. If the counting center automatic tabulating equipment includes an electronic vote adjudication feature that has been certified for use as prescribed by section 16-442 and the board of supervisors or officer in charge of elections authorizes the use of this feature at the counting center, all of the following apply: 1. The electronic vote adjudication feature shall be included in the tabulation system logic and accuracy testing prescribed by section 16-449. 2. The board of supervisors or officer in charge of elections shall appoint an electronic vote adjudication board that consists of two judges who are overseen by an inspector, with the two judges equally divided between the two largest political parties as prescribed by section 16-531, subsection D to adjudicate and submit for tabulation a ballot that is read by the tabulation machine as blank in order to determine if voter intent is clear on a portion or all of the ballot, or any portion of any ballot as prescribed by section 16-610 or 16-611, or to tally write-in choices as prescribed by section 16-612. 3. The electronic vote adjudication process used by the electronic vote adjudication board shall provide for: (a) A method to track and account for the original ballot and the digital duplicate of the ballot created by the electronic vote adjudication feature that includes a serial number on the digital image that can be used to track electronic vote adjudication board actions. (b) The creation and retention of comprehensive logs of all digital duplication and adjudication actions performed by an electronic vote adjudication board. (c) The retention of the original ballot and the digital duplicate of the ballot. C. If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the officer in charge of elections may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots. D. For any statewide, county or legislative election, the county recorder or officer in charge of elections shall provide for a live video recording of the custody of all ballots while the ballots are present in a tabulation room in the counting center. The live video recording shall include date and time indicators and shall be linked to the secretary of state's website. The secretary of state shall post links to the video coverage for viewing by the public. The county recorder or officer in charge of elections shall record the video coverage of the ballots at the counting center and shall retain those recordings as a public record for at least as long as the challenge period for the general election. If the live video feed is disrupted or disabled, the recorder or officer in charge of elections is not liable for the disruption but shall attempt to reinstate video coverage as soon as is practicable. Any disruption in video coverage shall not affect or prevent the continued tabulation of ballots. This subsection is contingent on legislative appropriation. E. The county recorder or other officer in charge of elections shall maintain records that record the chain of custody for all election equipment and ballots during early voting through the completion of provisional voting tabulation. END_STATUTE |
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| 82 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 84 | 84 | | Section 1. Title 16, chapter 1.1, article 1, Arizona Revised Statutes, is amended by adding section 16-194, to read: |
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| 86 | 86 | | START_STATUTE16-194. Definition of officer in charge of elections |
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| 88 | 88 | | In this title, unless the context otherwise requires, for a county, "officer in charge of elections" means the county recorder. END_STATUTE |
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| 90 | 90 | | Sec. 2. Section 16-411, Arizona Revised Statutes, is amended to read: |
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| 92 | 92 | | START_STATUTE16-411. Designation of election precincts and polling places; voting centers; electioneering; wait times |
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| 94 | 94 | | A. The board of supervisors county recorder of each county, on or before October 1 of each year preceding the year of a general election, by an order, shall establish a convenient number of election precincts in the county and define the boundaries of the precincts as follows: |
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| 96 | 96 | | 1. The election precinct boundaries shall be established so as to be included within election districts prescribed by law for elected officers of the state and its political subdivisions, including community college district precincts, except those elected officers provided for in titles 30 and 48. |
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| 98 | 98 | | 2. If after October 1 of the year preceding the year of a general election the board of supervisors county recorder must further adjust precinct boundaries due to the redistricting of election districts as prescribed by law and to comply with this subsection, the board of supervisors county recorder shall adjust these precinct boundaries as soon as is practicable. |
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| 100 | 100 | | B. At least twenty days before a general or primary election, and at least ten days before a special election, the board county recorder shall designate one polling place within each precinct where the election shall be held, except that: |
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| 102 | 102 | | 1. On a specific finding of the board county recorder, included in the order or resolution designating polling places pursuant to this subsection, that no suitable polling place is available within a precinct, a polling place for that precinct may be designated within an adjacent precinct. |
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| 104 | 104 | | 2. Adjacent precincts may be combined if boundaries so established are included in election districts prescribed by law for state elected officials and political subdivisions including community college districts but not including elected officials prescribed by titles 30 and 48. The officer in charge of elections may also split a precinct for administrative purposes. The polling places shall be listed in separate sections of the order or resolution. |
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| 106 | 106 | | 3. On a specific finding of the board county recorder that the number of persons who are listed as early voters pursuant to section 16-544 and who are not expected to have their ballots tabulated at the polling place as prescribed in section 16-579.02 is likely to substantially reduce the number of voters appearing at one or more specific polling places at that election, adjacent precincts may be consolidated by combining polling places and precinct boards for that election. The board of supervisors county recorder shall ensure that a reasonable and adequate number of polling places will be designated for that election. Any consolidated polling places shall be listed in separate sections of the order or resolution of the board county recorder. |
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| 108 | 108 | | 4. On a specific resolution order of the board county recorder, the board county recorder may authorize the use of voting centers in place of or in addition to specifically designated polling places. A voting center shall allow any voter in that county to receive the appropriate ballot for that voter on election day after presenting identification as prescribed in section 16-579 and to lawfully cast the ballot. Voting centers may be established in coordination and consultation with the county recorder, at other county offices or at other locations in the county deemed appropriate. |
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| 110 | 110 | | 5. On a specific resolution order of the board of supervisors county recorder that is limited to a specific election date and that is voted on by a recorded vote, the board county recorder may authorize the county recorder or other officer in charge of elections to use of emergency voting centers as follows: |
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| 112 | 112 | | (a) The board county recorder shall specify in the resolution order the location and the hours of operation of the emergency voting centers. |
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| 114 | 114 | | (b) A qualified elector voting at an emergency voting center shall provide identification as prescribed in section 16-579, except that notwithstanding section 16-579, subsection A, paragraph 2, for any voting at an emergency voting center, the county recorder or other officer in charge of elections may allow a qualified elector to update the elector's voter registration information as provided for in the secretary of state's instructions and procedures manual adopted pursuant to section 16-452. |
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| 116 | 116 | | (c) If an emergency voting center established pursuant to this section becomes unavailable and there is not sufficient time for the board of supervisors to convene to approve an alternate location for that emergency voting center, the county recorder or other officer in charge of elections may make changes to the approved emergency voting center location and shall notify the public and the board of supervisors regarding that change as soon as practicable. The alternate emergency voting center shall be as close in proximity to the approved initial emergency voting center location as possible. |
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| 118 | 118 | | C. If the board county recorder fails to designate the place for holding the election, or if it cannot be held at or about the place designated, the justice of the peace in the precinct, two days before the election, by an order, copies of which the justice of the peace shall immediately post in three public places in the precinct, shall designate the place within the precinct for holding the election. If there is no justice of the peace in the precinct, or if the justice of the peace fails to do so, the election board of the precinct shall designate and give notice of the place within the precinct of holding the election. For any election in which there are no candidates for elected office appearing on the ballot, the board county recorder may consolidate polling places and precinct boards and may consolidate the tabulation of results for that election if all of the following apply: |
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| 120 | 120 | | 1. All affected voters are notified by mail of the change at least thirty-three days before the election. |
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| 122 | 122 | | 2. Notice of the change in polling places includes notice of the new voting location, notice of the hours for voting on election day and notice of the telephone number to call for voter assistance. |
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| 124 | 124 | | 3. All affected voters receive information on early voting that includes the application used to request an early voting ballot. |
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| 126 | 126 | | D. The board county recorder is not required to designate a polling place for special district mail ballot elections held pursuant to article 8.1 of this chapter, but the board county recorder may designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the day of the election. |
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| 128 | 128 | | E. Except as provided in subsection F of this section, a public school shall provide sufficient space for use as a polling place for any city, county or state election when requested by the officer in charge of elections. |
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| 130 | 130 | | F. The principal of the school may deny a request to provide space for use as a polling place for any city, county or state election if, within two weeks after a request has been made, the principal provides a written statement indicating a reason the election cannot be held in the school, including any of the following: |
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| 132 | 132 | | 1. Space is not available at the school. |
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| 133 | 133 | | |
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| 134 | 134 | | 2. The safety or welfare of the children would be jeopardized. |
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| 135 | 135 | | |
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| 136 | 136 | | G. Beginning in 2026, the department of administration shall coordinate with state agencies and counties to provide available and appropriate state-owned facilities for use as a voting location for any city, county or state election when requested by the officer in charge of elections. |
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| 137 | 137 | | |
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| 138 | 138 | | H. The board county recorder shall make available to the public as a public record a list of the polling places for all precincts in which the election is to be held. |
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| 139 | 139 | | |
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| 140 | 140 | | I. Except in the case of an emergency, any facility that is used as a polling place on election day or that is used as an early voting site during the period of early voting shall allow persons to electioneer and engage in other political activity outside of the seventy-five foot limit prescribed by section 16-515 in public areas and parking lots used by voters. This subsection does not allow the temporary or permanent construction of structures in public areas and parking lots or the blocking or other impairment of access to parking spaces for voters. The county recorder or other officer in charge of elections shall post on its website at least two weeks before election day a list of those polling places in which emergency conditions prevent electioneering and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. If the polling place is not on the website list of polling places with emergency designations, electioneering and other political activity shall be allowed outside of the seventy-five foot limit. If an emergency arises after the county recorder or other officer in charge of elections' initial website posting, the county recorder or other officer in charge of elections shall update the website as soon as is practicable to include any new polling places, shall highlight the polling place location on the website and shall specify the reason the emergency designation was granted and the number of attempts that were made to find a polling place before granting an emergency designation. |
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| 141 | 141 | | |
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| 142 | 142 | | J. For the purposes of this section, a county recorder or other the officer in charge of elections shall designate a polling place as an emergency polling place and thus prohibit persons from electioneering and engaging in other political activity outside of the seventy-five foot limit prescribed by section 16-515 but inside the property of the facility that is hosting the polling place if any of the following occurs: |
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| 143 | 143 | | |
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| 144 | 144 | | 1. An act of God renders a previously set polling place as unusable. |
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| 145 | 145 | | |
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| 146 | 146 | | 2. A county recorder or other The officer in charge of elections has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation. |
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| 147 | 147 | | |
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| 148 | 148 | | K. The secretary of state shall provide through the instructions and procedures manual adopted pursuant to section 16-452 the maximum allowable wait time for any election that is subject to section 16-204 and provide for a method to reduce voter wait time at the polls in the primary and general elections. The method shall consider at least all of the following for primary and general elections in each precinct: |
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| 149 | 149 | | |
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| 150 | 150 | | 1. The number of ballots voted in the prior primary and general elections. |
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| 151 | 151 | | |
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| 152 | 152 | | 2. The number of registered voters who voted early in the prior primary and general elections. |
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| 153 | 153 | | |
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| 154 | 154 | | 3. The number of registered voters and the number of registered voters who cast an early ballot for the current primary or general election. |
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| 155 | 155 | | |
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| 156 | 156 | | 4. The number of registered voters whose early ballots were tabulated on-site as prescribed in section 16-579.02 in the prior primary and general elections. |
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| 157 | 157 | | |
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| 158 | 158 | | 5. The number of election board members and clerks and the number of rosters that will reduce voter wait time at the polls.END_STATUTE |
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| 159 | 159 | | |
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| 160 | 160 | | Sec. 3. Section 16-449, Arizona Revised Statutes, is amended to read: |
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| 161 | 161 | | |
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| 162 | 162 | | START_STATUTE16-449. Required test of equipment and programs; notice; procedures manual |
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| 163 | 163 | | |
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| 164 | 164 | | A. Within the period of time before the election day prescribed by the secretary of state in the instructions and procedures manual adopted pursuant to section 16-452, the board of supervisors or other election officer in charge of elections, or for an election involving state or federal candidates, the secretary of state, shall have test the automatic tabulating equipment and programs tested to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least forty-eight hours prior thereto before the test by publication once in one or more daily or weekly newspapers published in the town, city or village using such equipment, if a newspaper is published therein, in the town, city or village otherwise in a newspaper of general circulation therein. The test shall be observed by at least two election inspectors, who shall not be of the same political party, and shall be open to representatives of the political parties, candidates, the press and the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject such votes. If any error is detected, the cause therefor for the error shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment and programs are approved. A copy of a revised program shall be filed with the secretary of state within forty-eight hours after the revision is made. If the error was created by automatic tabulating equipment malfunction, a report shall be filed with the secretary of state within forty-eight hours after the correction is made, stating the cause and the corrective action taken. The test shall be repeated immediately before the start of the official count of the ballots in the same manner as set forth above. After the completion of the count, the programs used and the ballots shall be sealed, retained and disposed of as provided for paper ballots. |
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| 165 | 165 | | |
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| 166 | 166 | | B. Electronic ballot tabulating systems shall be tested for logic and accuracy within seven days before their use for early balloting pursuant to the instructions and procedures manual for electronic voting systems that is adopted by the secretary of state as prescribed by section 16-452. The instructions and procedures manual shall include procedures for the handling of ballots, the electronic scanning of ballots and any other matters necessary to ensure the maximum degree of correctness, impartiality and uniformity in the administration of an electronic ballot tabulating system. |
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| 167 | 167 | | |
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| 168 | 168 | | C. Notwithstanding subsections A and B of this section, if a county uses accessible voting equipment to mark ballots and that accessible voting equipment does not independently tabulate or tally votes, the secretary of state in cooperation with the county officer in charge of elections may designate a single date to test the logic and accuracy of both the accessible voting equipment and electronic ballot tabulating systems. END_STATUTE |
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| 169 | 169 | | |
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| 170 | 170 | | Sec. 4. Section 16-503, Arizona Revised Statutes, is amended to read: |
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| 171 | 171 | | |
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| 172 | 172 | | START_STATUTE16-503. Duty to prepare and provide ballots; cost of printing ballots and instruction cards as public expense |
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| 173 | 173 | | |
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| 174 | 174 | | A. The board of supervisors county recorder, and in city and town elections, the city or town clerk, shall prepare and provide ballots containing the names of all persons whose certificates of nomination have been filed with them. The ballots shall be printed and ready for inspection by the candidates and their agents at least ten days before a general election and at least five days before a city or town election. |
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| 175 | 175 | | |
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| 176 | 176 | | B. All ballots cast in elections for public office within the this state, and the cards of instruction to voters, shall be printed, delivered and distributed at public expense and shall be a county charge, but when used at local elections shall be a charge against the city or town in which the local election is held. |
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| 177 | 177 | | |
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| 178 | 178 | | C. For special district elections the governing body is responsible for the duties and charges as provided in subsections A and B of this section. END_STATUTE |
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| 179 | 179 | | |
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| 180 | 180 | | Sec. 5. Section 16-608, Arizona Revised Statutes, is amended to read: |
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| 181 | 181 | | |
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| 182 | 182 | | START_STATUTE16-608. Delivery of ballots; electronic voting system |
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| 183 | 183 | | |
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| 184 | 184 | | A. After the close of the polls and after compliance with section 16-602 the members of the election board shall prepare a report in duplicate of the number of voters who have voted, as indicated on the poll list, and place this report in the ballot box or metal container, in which the voted ballots have been placed, which thereupon shall be sealed with a numbered seal and delivered promptly by two members of the election board of different political parties to the central counting place or other receiving station designated by the board of supervisors or officer in charge of elections, which shall not be more than fifty miles from the polling place from which the ballots are delivered. The person in charge of receiving ballots shall give a numbered receipt acknowledging receipt of such ballots to the person in charge who delivers such ballots. |
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| 185 | 185 | | |
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| 186 | 186 | | B. The chairman chairperson of the county committee of each political party represented on the ballot may designate a member of his the chairperson's party to accompany the ballots from each polling place to the central counting place. Such The party representative shall serve without compensation. END_STATUTE |
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| 187 | 187 | | |
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| 188 | 188 | | Sec. 6. Section 16-621, Arizona Revised Statutes, is amended to read: |
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| 189 | 189 | | |
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| 190 | 190 | | START_STATUTE16-621. Proceedings at the counting center |
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| 191 | 191 | | |
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| 192 | 192 | | A. All proceedings at the counting center shall be under the direction of the board of supervisors or other officer in charge of elections and shall be conducted in accordance with the approved instructions and procedures manual issued pursuant to section 16-452 under the observation of representatives of each political party and the public. The proceedings at the counting center may also be observed by up to three additional people representing a candidate for nonpartisan office, or representing a political committee in support of or in opposition to a ballot measure, proposition or question. A draw by lot shall determine which three groups or candidates shall have representatives participate in the observation at the counting center. Persons representing a candidate for nonpartisan office or persons or groups representing a political committee in support of or in opposition to a ballot measure, proposition or question, who are interested in participating in the observation, shall notify the officer in charge of elections of their desire to be included in the draw not later than seventeen days before the election. After the deadline to receive submissions from the interested persons or groups, but prior to fourteen days before the election, the county officer in charge of elections shall draw by lot, from the list of those that expressed interest, three persons or groups and those selected shall be notified and allowed to observe the proceedings at the counting center. If a group is selected the group may alter who represents that group for different days of observation but on any given observation day a selected group shall not send more than one observer. A group may rotate an observer throughout the day. Only those persons who are authorized for the purpose shall touch any ballot or ballot card or return. All persons who are engaged in processing and counting of the ballots shall be qualified electors, shall be deputized in writing and shall take an oath that they will faithfully perform their assigned duties. There shall be no preferential counting of ballots for the purpose of projecting the outcome of the election. If any ballot, including any ballot received from early voting, is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy shall be made of the damaged or defective ballot in the presence of witnesses and substituted for the damaged or defective ballot. All duplicate ballots created pursuant to this subsection shall be clearly labeled "duplicate" and shall bear a serial number that shall be recorded on the damaged or defective ballot. |
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| 193 | 193 | | |
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| 194 | 194 | | B. If the counting center automatic tabulating equipment includes an electronic vote adjudication feature that has been certified for use as prescribed by section 16-442 and the board of supervisors or officer in charge of elections authorizes the use of this feature at the counting center, all of the following apply: |
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| 195 | 195 | | |
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| 196 | 196 | | 1. The electronic vote adjudication feature shall be included in the tabulation system logic and accuracy testing prescribed by section 16-449. |
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| 197 | 197 | | |
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| 198 | 198 | | 2. The board of supervisors or officer in charge of elections shall appoint an electronic vote adjudication board that consists of two judges who are overseen by an inspector, with the two judges equally divided between the two largest political parties as prescribed by section 16-531, subsection D to adjudicate and submit for tabulation a ballot that is read by the tabulation machine as blank in order to determine if voter intent is clear on a portion or all of the ballot, or any portion of any ballot as prescribed by section 16-610 or 16-611, or to tally write-in choices as prescribed by section 16-612. |
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| 199 | 199 | | |
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| 200 | 200 | | 3. The electronic vote adjudication process used by the electronic vote adjudication board shall provide for: |
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| 201 | 201 | | |
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| 202 | 202 | | (a) A method to track and account for the original ballot and the digital duplicate of the ballot created by the electronic vote adjudication feature that includes a serial number on the digital image that can be used to track electronic vote adjudication board actions. |
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| 203 | 203 | | |
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| 204 | 204 | | (b) The creation and retention of comprehensive logs of all digital duplication and adjudication actions performed by an electronic vote adjudication board. |
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| 205 | 205 | | |
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| 206 | 206 | | (c) The retention of the original ballot and the digital duplicate of the ballot. |
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| 207 | 207 | | |
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| 208 | 208 | | C. If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the officer in charge of elections may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots. |
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| 209 | 209 | | |
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| 210 | 210 | | D. For any statewide, county or legislative election, the county recorder or officer in charge of elections shall provide for a live video recording of the custody of all ballots while the ballots are present in a tabulation room in the counting center. The live video recording shall include date and time indicators and shall be linked to the secretary of state's website. The secretary of state shall post links to the video coverage for viewing by the public. The county recorder or officer in charge of elections shall record the video coverage of the ballots at the counting center and shall retain those recordings as a public record for at least as long as the challenge period for the general election. If the live video feed is disrupted or disabled, the recorder or officer in charge of elections is not liable for the disruption but shall attempt to reinstate video coverage as soon as is practicable. Any disruption in video coverage shall not affect or prevent the continued tabulation of ballots. This subsection is contingent on legislative appropriation. |
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| 211 | 211 | | |
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| 212 | 212 | | E. The county recorder or other officer in charge of elections shall maintain records that record the chain of custody for all election equipment and ballots during early voting through the completion of provisional voting tabulation. END_STATUTE |
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