Bill Text: AZ SB1457 | 2022 | Fifty-fifth Legislature 2nd Regular | Engrossed


Bill Title: Voting machines; hardware; software; access

Spectrum: Partisan Bill (Republican 21-0)

Status: (Introduced) 2022-03-14 - Senate third reading FAILED voting: (14-15-1-0) [SB1457 Detail]

Download: Arizona-2022-SB1457-Engrossed.html

 

 

 

Senate Engrossed

 

voting machines; hardware; software; access

(now: voting; equipment; internet; custody; violation)

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

SENATE BILL 1457

 

 

 

An Act

 

amending section 16-442, Arizona Revised Statutes; amending title 16, chapter 4, article 9, Arizona Revised Statutes, by adding section 16-567; amending title 16, chapter 4, article 10, Arizona Revised Statutes, by adding section 16-605; 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. Section 16-442, Arizona Revised Statutes, is amended to read:

START_STATUTE16-442. Committee approval; adoption of vote tabulating equipment; experimental use; emergency

A. The secretary of state shall appoint a committee of three persons, to consist of a member of the engineering college at one of the universities, a member of the state bar of Arizona and one person familiar with voting processes in the state, no not more than two of whom shall be of the same political party, and at least one of whom shall have at least five years of experience with and shall be able to render an opinion based on knowledge of, training in or education in electronic voting systems, procedures and security. The committee shall investigate and test the various types of vote recording or tabulating machines or devices that may be used under this article. The committee shall submit its recommendations to the secretary of state who shall make final adoption of the type or types, make or makes, model or models to be certified for use in this state. The committee shall serve without compensation.

B. Machines or devices used at any election for federal, state or county offices may only be certified for use in this state and may only be used in this state if they comply with the help America vote act of 2002 and if those machines or devices have been tested and approved by a laboratory that is accredited pursuant to the help America vote act of 2002.

C. After consultation with the committee prescribed by subsection A of this section, the secretary of state shall adopt standards that specify the criteria for loss of certification for equipment that was used at any election for federal, state or county offices and that was previously certified for use in this state. On loss of certification, machines or devices used at any election may not be used for any election for federal, state or county offices in this state unless recertified for use in this state.

D. The secretary of state may revoke the certification of any voting system or device for use in a federal, state or county election in this state or may prohibit for up to five years the purchase, lease or use of any voting system or device leased, installed or used by a person or firm in connection with a federal, state or county election in this state, or both, if either of the following occurs:

1. The person or firm installs, uses or permits allows the use of a voting system or device that is not certified for use or approved for experimental use in this state pursuant to this section.

2. The person or firm uses or includes hardware, firmware or software in a version that is not certified for use or approved for experimental use pursuant to this section in a certified voting system or device.

E. The governing body of a city or town or the board of directors of an agricultural improvement district may adopt for use in elections any kind of electronic voting system or vote tabulating device approved by the secretary of state, and thereupon the voting or marking device and vote tabulating equipment may be used at any or all elections for voting, recording and counting votes cast at an election.

F. The secretary of state or the governing body may provide for the experimental use of a voting system or device without a final adoption of the voting system or device, and its use at the election is as valid as if the machines had been permanently adopted.

G. The secretary of state shall ensure that Vote recording and vote tabulating machines and devices approved for use pursuant to this section:

1. Have all operating systems and software configured to the appropriate level of security consistent with best practices in STANDARDS issued by the United States department of homeland security cybersecurity and infrastructure security agency.

2. Not have hardware installed that supports internet connectivity or any other form of remote access or software that allows any change to results in files or a database.

3. Support the usage and tracking of users based on unique CREDENTIALS that are changed at least once per election cycle for each user.

4. Log any DELETIONS of ballot images, windows event logs and results files.  The system also shall MAINTAIN election software logs.

5. Maintain for twenty-two months as election data the data prescribed in PARAGRAPHS 3 and 4 of this subsection.

G. H. After consultation with the committee prescribed by subsection A of this section, the secretary of state may approve for emergency use an upgrade or modification to a voting system or device that is certified for use in this state if the governing body establishes in an open meeting that the election cannot be conducted without the emergency certification. Any emergency certification shall be limited to no not more than six months. At the conclusion of the certification period the voting system or device shall be decertified and unavailable for future use unless certified in accordance with this section. END_STATUTE

Sec. 2. Title 16, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 16-567, to read:

START_STATUTE16-567. Polling place and voting center equipment; custody; violation; classification

A. NOTWITHSTANDING ANY OTHER LAW, ANY VOTING EQUIPMENT THAT IS USED IN A POLLING PLACE OR VOTING CENTER MAY NOT HAVE INTERNET ACCESS AND MUST PROHIBIT ACCESS BY ANY MEANS TO ANY DATA OR RESULTS.  IF THE EQUIPMENT HAS AN ACCESSIBLE PORT, THE PORT MUST BE LOCKED WITH A TAMPER-PROOF SEAL AND MUST BE LOGGED IN THE CHAIN OF CUSTODY DOCUMENT WHEN BROKEN OR ACCESSED. THE DELIVERY, USE AND RETURN OF THE EQUIPMENT SHALL BE LOGGED ON A CHAIN OF CUSTODY DOCUMENT SO THAT THE NAME AND SIGNATURE OF EVERY PERSON WHO DELIVERS, RECEIVES, USES AND RETURNS THAT EQUIPMENT IS RECORDED AND RETAINED AS AN OFFICIAL ELECTION RECORD.

B. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR.END_STATUTE

Sec. 3. Title 16, chapter 4, article 10, Arizona Revised Statutes, is amended by adding section 16-605, to read:

START_STATUTE16-605. Counting center equipment; election results; data; custody; violation; classification

A. NOTWITHSTANDING ANY OTHER LAW, ANY TABULATION EQUIPMENT THAT IS USED IN A CENTRAL COUNTING CENTER OR OTHER TABULATION CENTER MAY NOT HAVE INTERNET ACCESS AND MUST PROHIBIT ACCESS BY ANY MEANS TO ANY DATA OR RESULTS UNTIL USED BY AUTHORIZED ELECTION PERSONNEL ONLY. IF THE EQUIPMENT HAS AN ACCESSIBLE PORT, THE PORT MUST BE LOCKED WITH A TAMPER-PROOF SEAL AND MUST BE LOGGED IN THE CHAIN OF CUSTODY DOCUMENT WHEN BROKEN OR ACCESSED. ONLY AUTHORIZED PERSONNEL, INCLUDING POLITICAL PARTY OBSERVERS, MAY BE PRESENT AT THE TABULATION OF VOTES.  THE USE AND RETURN OF THE EQUIPMENT THAT CONTAINS ELECTION RESULTS AND DATA, INCLUDING ANY REMOVABLE DATA STORAGE DEVICE, SHALL BE LOGGED ON A CHAIN OF CUSTODY DOCUMENT SO THAT THE NAME AND SIGNATURE OF EVERY PERSON WHO DELIVERS, RECEIVES, USES AND RETURNS THE STORAGE DEVICE OR OTHER EQUIPMENT THAT CONTAINS ELECTION DATA AND ELECTION RESULTS IS RECORDED AND RETAINED AS AN OFFICIAL ELECTION RECORD.  FOR ANY REMOVABLE STORAGE DEVICE, TWO OBSERVERS WHO ARE NOT MEMBERS OF THE SAME POLITICAL PARTY SHALL BE PRESENT AT ALL TIMES, INCLUDING THE INSERTION AND REMOVAL OF THE DEVICE AND DURING ANY TRANSPORTATION OF THE DEVICE. THE REMOVABLE STORAGE DEVICE MAY NOT BE UNDER THE SOLE CUSTODY AND CONTROL OF ONLY ONE PERSON.

B. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR.

C. NOTWITHSTANDING ANY OTHER LAW, ALL ACTIVITIES AT THE COUNTING CENTER SHALL BE INCLUDED IN A NONSTOP VIDEO THAT IS POSTED TO THE COUNTY'S WEBSITE. END_STATUTE

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