Bill Text: AZ HB2780 | 2022 | Fifty-fifth Legislature 2nd Regular | Engrossed


Bill Title: Voting; images; records; contests; audits

Spectrum: Partisan Bill (Republican 29-0)

Status: (Engrossed) 2022-06-23 - Senate Committee of the Whole action: Do Pass Amended [HB2780 Detail]

Download: Arizona-2022-HB2780-Engrossed.html

 

 

 

Senate Engrossed House Bill

 

voter lists; images; voting records

(now:  voting; images; records; contests; audits)

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

HOUSE BILL 2780

 

 

An Act

 

amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding section 16-407.04; amending sections 16-673 and 41-1278, Arizona Revised Statutes; repealing section 41-1279.03, Arizona Revised Statutes, as amended by Laws 2021, chapter 405, section 25; amending section 41-1279.03, Arizona Revised Statutes, as amended by Laws 2019, chapter 3, section 11; amending section 41-1279.04, Arizona Revised Statutes; amending title 41, chapter 7, article 10.1, Arizona Revised Statutes, by adding section 41-1279.08; repealing section 41-1279.08, Arizona Revised Statutes, as added by this act; relating to the conduct of elections.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 16-407.04, to read:

START_STATUTE16-407.04. Voter lists; ballot images; cast vote record; ballot storage; violation; classification; definitions

A. Notwithstanding any other law:

1. Not later than ten days before the primary and general election, the county recorder shall submit to the secretary of state, who shall immediately make available to the public by way of an online database or web portal, a list of all voters who are registered to vote in the election. The list shall be limited to the voters' names, years of birth, street addresses and precinct numbers and shall include PERSONS who are on the inactive voter list, except that the county recorder shall list only the number of voters by precinct whose names and ADDRESSES are protected pursuant to sections 11-483 and 11-484 or who are enrolled in the address confidentiality PROGRAM ESTABLISHED PURSUANT to section 41-162. The secretary of state shall provide access to the online database or web portal on the secretary of state's website and shall not publish a voter's personal identifying information.

2. After the primary and general election and not later than forty-eight hours after the delivery of the official county canvass, the county recorder or other county officer in charge of ELECTIONS shall submit to the secretary of state who shall immediately make available to the public by way of an online database or web portal in a convenient downloadable format all of the following:

(a) A list of all persons who voted in the election, limited to their names, years of birth, street addresses and precinct numbers, and their method of voting. the county recorder or other county officer in charge of elections shall not submit to the secretary of state personal identifying information and shall list only the number of voters by precinct whose names and addresses are protected or confidential pursuant to section 11-483, 11-484 or 41-162.

(b) All ballot images.

(c) The cast vote records in a sortable format.

3. IN ORDER TO RECEIVE ACCESS TO THE DATABASE OR WEB PORTAL PURSUANT TO THIS SECTION, A PERSON SHALL PROVIDE THE PERSON'S NAME, EMAIL address, telePHONE NUMBER AND street ADDRESS TO THE SECRETARY OF STATE. ANY PERSON WHO RECEIVES ACCESS TO THE DATABASE OR WEB PORTAL from THE SECRETARY OF STATE SHALL NOT PROVIDE INFORMATION DERIVED FROM THE DATABASE OR WEB PORTAL TO ANY OTHER PERSON WHO HAS NOT RECEIVED ACCESS FROM THE SECRETARY OF STATE. A PERSON REQUESTING ACCESS TO THE DATABASE OR WEB PORTAL SHALL CONFIRM THAT THE PERSON WILL NOT PROVIDE INFORMATION DERIVED FROM THE DATABASE OR WEB PORTAL TO AN UNAUTHORIZED PERSON. A PERSON WHO VIOLATES THIS PARAGRAPH IS GUILTY OF A CLASS 1 MISDEMEANOR.

4. The officer in charge of elections shall ensure that paper ballots are sorted and stored in a manner that allows for convenient retrieval.

5. A person shall not use for commercial purposes information derived from the online database or web portal pursuant to this section.  The total number of protected voters shall be included on the lists prescribed by this section without including any names, addresses or other INFORMATION for those protected voters.

B. Any person may view, download or print one or more online digital copies of ballot images but shall not alter the contents of an image or a cast vote record from the database.  A person who violates this subsection is guilty of a class 1 misdemeanor.

C. For the purposes of this section:

1. "Cast vote records" means electronic records of the voters' selections as captured by a tabulation device from a ballot or a ballot image that cannot be linked to a specific voter.

2. "personal identifying information" means the voter's month and day of birth, driver license number, nonoperating identification license number, social security number or portion of that number, as applicable, indian census number, father's name, mother's maiden name, state and country of birth and the records that contain a voter's signature and a voter's email address. END_STATUTE

Sec. 2. Section 16-673, Arizona Revised Statutes, is amended to read:

START_STATUTE16-673. Statement of contest; verification; filing

A. The elector contesting a state election shall, within five seven days after completion of the canvass of the election and declaration of the result thereof by the secretary of state or by the governor, shall file in the court in which the contest is commenced a statement in writing setting forth:

1. The name and residence of the party person contesting the election, and that he the person is an elector of the state and county in which he the person resides.

2. The name of the person whose right to the office is contested, or the title of the measure, or constitutional amendment or other proposition as it appeared upon on the official ballot.

3. The office the election to which is contested.

4. The particular grounds of the contest.

B. The statement shall be verified by the affidavit of the contestor that he the contestor believes the matters and things therein contained in the statement are true. END_STATUTE

Sec. 3. Section 41-1278, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1278Definitions

In this article, unless the context otherwise requires:

1. "Committee" means the joint legislative audit committee.

2. "ELECTION INTEGRITY AUDIT" MEANS AN AUDIT OF LIMITED SCOPE FOR THE PURPOSE OF ENSURING THE ACCURACY AND RELIABILITY OF SPECIFIC ELECTIONS PROCESSES, INCLUDING REVIEW OF PREELECTION AND POSTELECTION ACTIVITIES FOR ELECTIONS CONDUCTED PURSUANT TO TITLE 16 AND EXCLUDING ELECTIONS HELD BY A SPECIAL TAXING DISTRICT THAT IS ESTABLISHED PURSUANT TO TITLE 48 FOR THE PURPOSE OF PROTECTING OR PROVIDING SERVICES TO AGRICULTURAL LANDS OR CROPS AND THAT IS AUTHORIZED TO CONDUCT ELECTIONS PURSUANT TO TITLE 48.

2. 3. "Investigation" means an inquiry into specified acts or allegations of impropriety, malfeasance or nonfeasance in the obligation, expenditure, receipt or use of public funds MONIES of this state or into specified financial transactions or practices which THAT may involve such impropriety, malfeasance or nonfeasance.

3. 4. "Performance audit" means an audit which THAT determines with regard to the purpose, functions and duties of the audited agency all of the following:

(a) Whether the audited agency is managing or utilizing USING its resources, including public funds MONIES of this state, personnel, property, equipment and space, in an economical and efficient manner.

(b) Causes of inefficiencies or uneconomical practices, including inadequacies in management information systems, internal and administrative procedures, organizational structure, use of resources, allocation of personnel, purchasing policies and equipment.

(c) Whether the desired results are being achieved.

(d) Whether objectives established by the legislature or other authorizing body are being met.

4. 5. "Special audit" means an audit of limited scope.

5. 6. "Special research request" means research and analysis of issues or questions that are designated as a special research request by the committee, but does not include a performance audit, financial audit, compliance audit, procedural review, special audit, investigation or evaluation required by law.

6. 7. "State agency" means all departments, agencies, boards, commissions, institutions and instrumentalities of this state.

Sec. 4. Repeal

Section 41-1279.03, Arizona Revised Statutes, as amended by Laws 2021, chapter 405, section 25, is repealed.

Sec. 5. Section 41-1279.03, Arizona Revised Statutes, as amended by Laws 2019, chapter 3, section 11, is amended to read:

41-1279.03Powers and duties

A. The auditor general shall:

1. Prepare an audit plan for approval by the committee and report to the committee the results of each audit and investigation and other reviews conducted by the auditor general.

2. Conduct or cause to be conducted at least biennial ANNUAL financial and compliance audits of financial transactions and accounts kept by or for all state agencies subject to the FEDERAL single audit act of 1984 (P.L. 98-502) REQUIREMENTS. The audits shall be conducted in accordance with generally accepted governmental auditing standards and accordingly shall include tests of the accounting records and other auditing procedures as may be considered necessary in the circumstances. The audits shall include the issuance of suitable reports as required by the FEDERAL single audit act of 1984 (P.L. 98-502) REQUIREMENTS so that the legislature, the federal government and others will be informed as to the adequacy of financial statements of the THIS state in compliance with generally accepted governmental accounting principles and to determine whether this state has complied with laws and regulations that may have a material effect on the financial statements and on major federal assistance programs.

3. Perform procedural reviews for all state agencies at times determined by the auditor general. These reviews may include evaluation of administrative and accounting internal controls and reports on these reviews.

4. Perform special research requests, special audits and related assignments as designated by the committee and conduct performance audits, special audits, special research requests and investigations of any state agency, whether created by the constitution or otherwise, as may be requested by the committee.

5. Annually on or before the fourth Monday of December, prepare a written report to the governor and to the committee that contains a summary of activities for the previous fiscal year.

6. In the tenth year and in each fifth year thereafter in which a transportation excise tax is in effect in a county as provided in section 42-6106 or 42-6107, conduct a performance audit that:

(a) Reviews past expenditures and future planned expenditures of the transportation excise revenues and determines the impact of the expenditures in solving transportation problems within the county and, for a transportation excise tax in effect in a county as provided in section 42-6107, determines whether the expenditures of the transportation excise revenues comply with section 28-6392, subsection B.

(b) Reviews projects completed to date and projects to be completed during the remaining years in which a transportation excise tax is in effect.  Within six months after each review period, the auditor general shall present a report to the speaker of the house of representatives and the president of the senate detailing findings and making recommendations.

(c) Reviews, determines, reports and makes recommendations to the speaker of the house of representatives and the president of the senate whether the distribution of ARIZONA highway user revenues complies with title 28, chapter 18, article 2.

7. If requested by the committee, conduct performance audits of counties and incorporated cities and towns receiving aRIZONA highway user revenue fund monies pursuant to title 28, chapter 18, article 2 to determine whether the monies are being spent as provided in section 28-6533, subsection B.

8. Perform special audits designated pursuant to law if the auditor general determines that there are adequate monies appropriated for the auditor general to complete the audit. If the auditor general determines the appropriated monies are inadequate, the auditor general shall notify the committee.

9. Establish a schoolwide audit team in the office of the auditor general to conduct performance audits and monitor school districts to determine the percentage of every dollar spent in the classroom by the school district. Each school district shall prominently post on its website home page a copy of its profile pages that displays the percentage of every dollar spent in the classroom by that school district from the most recent status report issued by the auditor general pursuant to this paragraph. The performance audits shall determine whether school districts that receive monies from the Arizona English language learner fund established by section 15-756.04 and the statewide compensatory instruction fund established by section 15-756.11 comply with title 15, chapter 7, article 3.1. The auditor general shall determine, through random selection, the school districts to be audited each year, subject to review by the joint legislative audit committee. A school district that is subject to an audit pursuant to this paragraph shall notify the auditor general in writing whether the school district agrees or disagrees with the findings and recommendations of the audit and whether the school district will implement the findings and recommendations, implement modifications to the findings and recommendations or refuse to implement the findings and recommendations. The school district shall submit to the auditor general a written status report on the implementation of the audit findings and recommendations every six months for two years after AT THE REQUEST OF THE AUDITOR GENERAL WITHIN THE TWO-YEAR PERIOD FOLLOWING THE ISSUANCE OF an audit conducted pursuant to this paragraph. The auditor general shall review the school district's progress toward implementing the findings and recommendations of the audit every six months after receipt of the district's status report for two years AND PROVIDE STATUS REPORTS OF THESE REVIEWS TO THE JOINT LEGISLATIVE AUDIT COMMITTEE DURING THIS TWO-YEAR PERIOD.  The auditor general may review a school district's progress beyond this two-year period for recommendations that have not yet been implemented by the school district. The auditor general shall provide a status report of these reviews to the joint legislative audit committee.  The school district shall participate in any hearing scheduled during this review period by the joint legislative audit committee or by any other legislative committee designated by the joint legislative audit committee.

10. Annually review per diem compensation and reimbursement of expenses for employees of this state and members of a state board, commission, council or advisory committee by judgmentally selecting samples and evaluating the propriety of per diem compensation and expense reimbursements.

11. PERFORM ELECTION INTEGRITY AUDITS AS PRESCRIBED IN SECTION 41-1279.08.

B. The auditor general may:

1. Subject to approval by the committee, adopt rules necessary to administer the duties of the office.

2. Hire consultants to conduct the studies required by subsection A, paragraphs 6 and 7 of this section.

C. If approved by the committee, the auditor general may charge a reasonable fee for the cost of performing audits or providing accounting services for auditing federal funds, special audits or special services requested by political subdivisions of this state. Monies collected pursuant to this subsection shall be deposited in the audit services revolving fund.

D. The department of transportation, THE TRANSPORTATION EXCISE TAX RECIPIENT AND the board of supervisors of a county that has approved a county transportation excise tax as provided in section 42-6106 or 42-6107 and the governing bodies of counties, cities and towns receiving ARIZONA highway user revenue fund monies shall cooperate with and provide necessary information to the auditor general or the auditor general's consultant.

E. The department of transportation OR THE TRANSPORTATION EXCISE TAX RECIPIENT shall reimburse the auditor general as follows, and the auditor general shall deposit the reimbursed monies in the audit services revolving fund:

1. For the cost of conducting the studies or hiring a consultant to conduct the studies required by subsection A, paragraph 6, subdivisions (a) and (b) of this section, from monies collected pursuant to a county transportation excise tax levied pursuant to section 42-6106 or 42-6107.

2. For the cost of conducting the studies or hiring a consultant pursuant to subsection A, paragraph 6, subdivision (c) and paragraph 7 of this section, from the Arizona highway user revenue fund.

Sec. 6. Section 41-1279.04, Arizona Revised Statutes, is amended to read:

41-1279.04Authority to examine records; violation; classification

A. The auditor general or the auditor general's authorized representatives, in the performance of pERFORMING official duties, shall have access to EMPLOYEES and authority to examine any and all books, accounts, reports, vouchers, correspondence files and other records, bank accounts, criminal history record information as defined in section 41-1701 AND IN ACCORDANCE WITH SECTION 41-1750, money MONIES and other property of any state agency, board, commission, department, institution, program, advisory council or committee or political subdivision of this state, whether created by the constitution or otherwise, or such documents and property of a contractor relating to a contract with this state pursuant to the provisions of section 35-214. It is the duty of Any officer or employee of any such agency or political subdivision, having such records under the officer's or employee's control, to permit SHALL ALLOW access to and examination of the records on the request of the auditor general or the auditor general's authorized representative.

B. For the purpose of complying with section 41-1279.03, subsection A, paragraphs 4 and 9, The auditor general or the auditor general's authorized representative, in the performance of PERFORMING official duties, may attend executive sessions of the governing body of any state agency or school district ENTITY in this state THAT IS SUBJECT TO TITLE 38, CHAPTER 3, ARTICLE 3.1.

C. For the purpose of auditing the department of revenue, the auditor general and the auditor general's authorized representatives have access to state tax returns, except that a report of the auditor general shall not violate the confidentiality of state tax laws.

D. FOR THE PURPOSE OF ELECTION INTEGRITY AUDITS, THE AUDITOR GENERAL AND THE AUDITOR GENERAL'S AUTHORIZED REPRESENTATIVES SHALL HAVE ACCESS TO BOTH OF THE FOLLOWING:

1. ANY PERSONNEL AND DATA FROM THE COUNTY RECORDER'S OFFICE AND ANY COUNTY ELECTIONS DEPARTMENT, THE DEPARTMENT OF TRANSPORTATION AND THE SECRETARY OF STATE, WHICH SHALL INCLUDE ACCESS TO ELECTRONIC DATA OR ANY SUCH DATA AND PROPERTY FROM A THIRD PARTY, THAT THE AUDITOR GENERAL DEEMS NECESSARY TO PERFORM THE DUTIES PRESCRIBED IN SECTION 41-1279.08, INCLUDING VOTER REGISTRATION DATA. THIS DATA SHALL BE PROVIDED IN THE MANNER AND FORMAT PRESCRIBED BY THE AUDITOR GENERAL.

2. POLLING PLACES, VOTING CENTERS AND CENTRAL COUNTING CENTERS.

E. ALL OFFICERS OF ANY STATE AGENCY, BOARD, COMMISSION, DEPARTMENT, INSTITUTION, PROGRAM, ADVISORY COUNCIL OR COMMITTEE OR POLITICAL SUBDIVISION OF THIS STATE SHALL PROVIDE REASONABLE AND NEEDED FACILITIES FOR AUDITOR GENERAL STAFF AND SHALL MAKE RECORDS AVAILABLE IN THE FORM AND AT THE TIME PRESCRIBED.

D. F. Any officer or person who knowingly fails or refuses to permit such ALLOW access and examination PURSUANT TO THIS SECTION OR WHO OTHERWISE KNOWINGLY OBSTRUCTS OR MISLEADS THE AUDITOR GENERAL IN THE EXECUTION OF THE AUDITOR GENERAL'S DUTIES is guilty of a class 2 misdemeanor 6 FELONY.

G. THE ATTORNEY GENERAL SHALL SUPERVISE THE PROSECUTION OF ALL OFFENDERS UNDER THIS SECTION. END_STATUTE

Sec. 7. Title 41, chapter 7, article 10.1, Arizona Revised Statutes, is amended by adding section 41-1279.08, to read:

START_STATUTE41-1279.08. Auditor general; election integrity audits; duties

A. THE AUDITOR GENERAL SHALL ESTABLISH AN AUDIT TEAM TO PERFORM ELECTION INTEGRITY PROCESS AUDITS OF COUNTY RECORDERS' OFFICES AND COUNTY ELECTIONS DEPARTMENTS.

B. Each election cycle, the auditor general shall conduct an election integrity audit of at least one Arizona county the auditor general chooses through random selection that examines at least one area within the following topics:

1. Voter registration, maintenance of voter registration rolls and maintenance of the active early voting list.

2. Early ballot processing and signature verification processing, including the separation of early ballots into batches or other groupings, ballot drop box security and early ballot election processing boards.

3. Tabulation of ballots, including ballot adjudication and duplication, security issues while tabulating and logic and accuracy testing and administration.

4. Polling place administration, voting center administration, central counting center administration and chain of custody of ballots, equipment and removable storage devices.

C.  THE AUDITOR GENERAL MAY MAKE RECOMMENDATIONS TO THE COUNTIES, THE SECRETARY OF STATE AND THE LEGISLATURE TO ADDRESS FINDINGS IDENTIFIED IN THE ELECTION INTEGRITY AUDITS. 

D. A COUNTY SUBJECT TO AN ELECTION INTEGRITY AUDIT PURSUANT TO THIS SECTION SHALL NOTIFY THE AUDITOR GENERAL IN WRITING WHETHER THE COUNTY BOARD OF SUPERVISORS OR COUNTY RECORDER, OR BOTH, AGREE OR DISAGREE WITH THE FINDINGS OF THE ELECTION INTEGRITY AUDIT AND WHETHER THE COUNTY BOARD OF SUPERVISORS OR COUNTY RECORDER, OR BOTH, WILL IMPLEMENT THE RECOMMENDATIONS, IMPLEMENT MODIFICATIONS TO THE RECOMMENDATIONS OR REFUSE TO IMPLEMENT THE RECOMMENDATIONS. THE COUNTY SHALL SUBMIT TO THE AUDITOR GENERAL WRITTEN STATUS REPORTS ON THE IMPLEMENTATION OF THE ELECTION INTEGRITY AUDIT RECOMMENDATIONS AT THE REQUEST OF THE AUDITOR GENERAL WITHIN THE TWO-YEAR PERIOD FOLLOWING THE ISSUANCE OF THE ELECTION INTEGRITY AUDIT PURSUANT TO THIS SECTION. THE AUDITOR GENERAL SHALL REVIEW THE COUNTY'S PROGRESS TOWARD IMPLEMENTING THE RECOMMENDATIONS OF THE ELECTION INTEGRITY AUDIT FOR UP TO TWO YEARS. THE AUDITOR GENERAL MAY REVIEW THE COUNTY'S PROGRESS BEYOND THIS TWO-YEAR PERIOD FOR RECOMMENDATIONS THAT HAVE NOT YET BEEN IMPLEMENTED. 

E. THE AUDITOR GENERAL SHALL REPORT ANY ELECTION INTEGRITY AUDIT FINDINGS AND RECOMMENDATIONS AND THE STATUS OF A COUNTY'S PROGRESS TOWARDS IMPLEMENTING RECOMMENDATIONS TO THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE JOINT LEGISLATIVE AUDIT COMMITTEE, THE GOVERNOR, THE SECRETARY OF STATE AND THE ATTORNEY GENERAL.

F. A COUNTY SUBJECT TO AN ELECTION INTEGRITY AUDIT SHALL POST THE AUDIT REPORT AND STATUS REPORT OF PROGRESS TOWARD IMPLEMENTING RECOMMENDATIONS ON ITS WEBSITE FOR TWENTY-FOUR MONTHS AND SHALL PARTICIPATE IN ANY HEARING RELATED TO THE ELECTION INTEGRITY AUDIT SCHEDULED BY THE JOINT LEGISLATIVE AUDIT COMMITTEE.

Sec. 8. Delayed repeal

Section 41-1279.08, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2029.

Sec. 9. 2022 general election ballot image database pilot program; delayed repeal

A. The secretary of state shall establish a 2022 general election ballot image database pilot program. After the November 2022 general election and not later than forty-eight hours after the official county canvass, the county recorder or other county officer in charge of elections shall submit all ballot images of ballots cast in the November 2022 general election to the secretary of state, who shall immediately make the images available to the public by way of an online database or web portal in a convenient downloadable format.

B. The secretary of state shall require a person seeking to access the ballot image database or web portal pursuant to this section to provide the person's name, email address, telephone number and street address.  Any person who receives access to the ballot image database or web portal shall not provide information derived from the database or web portal to any other person who has not received access from the secretary of state. A person requesting access to the database or web portal shall confirm that the person will not provide information derived from the database or web portal to an unauthorized person.  A person who violates this subsection is subject to the criminal penalty prescribed in section 16-407.04, Arizona Revised Statutes, as added by this act.

C. The secretary of state shall provide access to the database or web portal to persons who meet the requirements of this section for twenty-four months following the November 2022 general election.

D. The county recorder or other county officer in charge of elections shall provide for an identifying indicator to be linked to ballots or ballot images, or both, that when combined with access to the cast vote records pursuant to section 16-407.04, Arizona Revised Statutes, as added by this act, allows a person a reasonable basis to independently confirm tabulation results.  An identifying indicator shall not be linked to a voter.

E. The county officer in charge of elections shall ensure that paper ballots are stored in a manner that allows for convenient retrieval.

F. The secretary of state, county recorder or other county officer in charge of elections is not liable for any personal identifying information, handwritten statements or other notations made or provided by the voter that are included in the ballot images.

G. This section is repealed from and after December 31, 2024.

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