Bill Text: AZ SB1014 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Election procedures manual; rulemaking; GRRC
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-14 - Senate read second time [SB1014 Detail]
Download: Arizona-2020-SB1014-Introduced.html
PREFILED NOV 21 2019
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REFERENCE TITLE: election procedures manual; rulemaking; GRRC |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1014 |
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Introduced by Senator Ugenti-Rita
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AN ACT
amending sections 16-452, 41-1056.01 and 41-1057, Arizona Revised Statutes; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-452, Arizona Revised Statutes, is amended to read:
16-452. Rules; instructions and procedures manual; approval of manual; field check and review of systems; violation; classification
A. After consultation with each county board of supervisors or other officer in charge of elections, the secretary of state shall prescribe rules to achieve and maintain the maximum degree of correctness, impartiality, uniformity and efficiency on the procedures for early voting and voting, and of producing, distributing, collecting, counting, tabulating and storing ballots. The secretary of state shall also adopt rules regarding fax transmittal of unvoted ballots, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens and shall adopt rules regarding internet receipt of requests for federal postcard applications prescribed by section 16‑543.
B. The rules shall be prescribed in an official instructions and procedures manual to be issued not later than December 31 of each odd‑numbered year immediately preceding the general election. Before its issuance, the manual shall be approved by the governor and the attorney general governor's regulatory review council. The secretary of state shall submit the manual to the governor and the attorney general governor's regulatory review council for review pursuant to section 41‑1052 not later than October 1 of the year before each general election.
C. A person who violates any rule adopted pursuant to this section is guilty of a class 2 misdemeanor.
D. The secretary of state shall provide personnel who are experts in electronic voting systems and procedures and in electronic voting system security to field check and review electronic voting systems and recommend needed statutory and procedural changes.
Sec. 2. Section 41-1056.01, Arizona Revised Statutes, is amended to read:
41-1056.01. Impact statements; appeals
A. Within two years after a rule is finalized, a person who is or may be affected by the rule may file a written petition with an agency objecting to all or part of a rule on any of the following grounds:
1. The actual economic, small business or consumer impact significantly exceeded the impact estimated in the economic, small business and consumer impact statement submitted during the making of the rule.
2. The actual economic, small business or consumer impact was not estimated in the economic, small business and consumer impact statement submitted during the making of the rule and that actual impact imposes a significant burden on persons subject to the rule.
3. The agency did not select the alternative that imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective.
B. The burden of proof is on the petitioner to show that any of the provisions set forth in subsection A of this section are met.
C. Within thirty days after receiving the copy of the petition, the agency shall reevaluate the rule and its economic impacts and publish notice of the petition in the register. For at least thirty days after publication of the notice the agency shall afford persons the opportunity to submit in writing statements, arguments, data and views on the rule and its impacts. Within thirty days after the close of comment, the agency shall publish a written summary of comments received, the agency's response to those comments, and the final decision of the agency on whether to initiate a rule making or to amend or repeal the rule. The agency shall initiate any such rule making within forty‑five days after publication of its final decision.
D. Any person who is or may be affected by the agency's final decision on whether to initiate a rule making pursuant to subsection C of this section may appeal that decision to the council within thirty days after publication of the agency's final decision.
E. The council shall place on its agenda the appeal if at least three council members make such a request of the council chairman within two weeks after the filing of the appeal with the council.
F. If the appeal is placed on the council's agenda, the council chairman shall provide a copy of the appeal and written notice to the agency that the council will consider the appeal. The agency shall provide the council with a copy of the written summary described in subsection C of this section.
G. The council shall require an agency to promptly initiate a rule making or to amend or repeal the rule or the rule package, as prescribed by section 41‑1024, subsection E, objected to in the petition if the council finds that any of the provisions set forth in subsection A of this section are met.
H. This section shall does not apply to:
1. A rule for which there is a final judgment of a court of competent jurisdiction based on the grounds of whether the contents of the economic, small business and consumer impact statement were insufficient or inaccurate.
2. The secretary of state's instructions and procedures manual issued pursuant to section 16-452.
Sec. 3. Section 41-1057, Arizona Revised Statutes, is amended to read:
41-1057. Exemptions
A. In addition to the exemptions stated in section 41‑1005, this article does not apply to:
1. An agency which that is a unit of state government headed by a single elected official, except that the secretary of state shall submit for review under section 41-1052 the instructions and procedures manual issued pursuant to section 16-452.
2. The corporation commission, which shall adopt substantially similar rule review procedures, including the preparation of an economic impact statement and a statement of the effect of the rule on small business.
3. The industrial commission of Arizona when incorporating by reference the federal occupational safety and health standards as published in 29 Code of Federal Regulations parts 1904, 1910, 1926 and 1928.
4. The Arizona state lottery if making rules that relate only to the design, operation or prize structure of a lottery game.
B. An agency exempt under subsection A of this section may elect to follow the requirements of this article instead of section 41‑1044 for a particular rule making rulemaking. The agency shall include with a final rule making rulemaking filed with council a statement that the agency has elected to follow the requirements of this article.
