SB1529 - 451R - House Bill Summary

House of Representatives

SB 1529

elections task force amendments

Sponsors: Senators Cummiskey, Petersen; Representative Weason et al

dpa	Committee on Judiciary
w/d	Committee on Appropriations
x	Caucus and COW	This bill as introduced contains *an Appropriation clause.*
	As Passed the House

SB 1529 makes changes to Arizona law relating to elections and electors. There is a total appropriation from the state general fund (GF) of $4,102,000 in fiscal year (FY) 2001-2002.

History

Current law gives the Secretary of State the authority to approve voting machinery, but not specifically to revoke approval of voting devices.

Arizona uses two different vote-tabulating systems. One is the punch-card system, whereby a voter punches out chad that corresponds to the candidate or issue the voter wishes to select. The other is the marksense system, which utilizes dark mark logic used by a computer to sense a mark and select the corresponding candidate or issue as the voter’s choice.

Currently, five Arizona counties use the marksense vote tabulating system. These counties are Apache, Graham, Maricopa, Pima and Yavapai.

Provisions

· Requires all hardware, software and upgrades to vote recording or tabulating equipment to meet or exceed the minimum requirements of the Federal Elections Commission (FEC).

· Requires the Secretary of State to further ensure that all vote recording or tabulating equipment provide for confidentiality of voter choices; minimization of ambiguous markings; ease of use to reduce error among voters with varying experience in voting, varying language skills and varying physical motor skills; accuracy in verification; generation of an auditable and accountable record of voting results and public confidence in the equipment and its operation.

· Authorizes the Secretary of State to decertify voting equipment that does not meet or exceed the minimum requirements of the FEC.

· Requires the Secretary of State to appoint a three-member committee of one member of the engineering college at one of the universities, one member of the State Bar of Arizona and one person familiar with voting processes in the state to investigate reasons for the failure of voting equipment, allow the equipment vendor to be heard and make a recommendation to the Secretary of State for a final determination of whether approval of the equipment will be revoked.

· Requires a county recorder to mail an early ballot request form to every person registered to vote in that county, subject to the Secretary of State’s determination that the Secretary of State has sufficient monies for reimbursement of county recorder expenses.

· Specifies that the early ballot request be sent by nonforwardable first-class mail, permit the elector to request an early ballot for both the primary and general election, be returnable to the county recorder and be used by the county recorder for registration roll verification.

· Increases the time a county recorder or other elections officer has to send an early ballot to an elector whose request is received within 30 days prior to the election from forty-eight hours to seventy-two hours, excluding weekends and holidays.

· Requires a county recorder or other elections officer to make a daily list of persons who have requested early ballots available to political parties that are entitled to continued representation on the ballot (parties that at least five per cent of the votes cast for governor or presidential electors, as applicable).

· Prohibits the list from including voter telephone numbers and specifies that the list is not a public record and must not be used for any purpose other than an election purpose.

· Requires early ballot request forms sent by a candidate or political committee to contain the return address of the county recorder or other elections officer.

· Allows a candidate or political committee to collect completed early ballot requests in person but requires the forms to be transmitted within five days if collected 33 days or more before the election. If collected less than 33 days before the election, the forms must be transmitted within 72 hours. Failure to comply with these requirements subjects the candidate or political committee to a civil penalty of $10 per early ballot request form per day but not more than $1,500. The county attorney must enforce the civil penalty.

· Requires an elector who contests a state election to include whether a recount of the ballots is requested on the statement submitted to the court.

· Specifies that a court-ordered recount of ballots must be performed as prescribed in statute.

· Establishes the voting technology improvement fund to be administered by the Secretary of State to assist county elections officers to purchase or lease optical scan voting systems.

· Appropriates $702,000 from the state GF in FY 2001-2002 to the Secretary of State for reimbursement of county recorder expenses incurred by sending out early ballot request forms to all registered voters in the county. This appropriation is exempt from lapsing but any unexpended portion reverts to the GF after FY 2002-2003.

· Appropriates $3.4 million from the GF in FY 2001-2002 to the voting technology improvement fund. The appropriation is exempt from lapsing.

SB 1529 was amended in the Judiciary Committee as follows:

· Cites specific FEC standards to be used by the Secretary of State in evaluating vote-tabulating equipment.

· Removes the requirement that the county recorder send an early ballot request to all registered voters in the county.

· Specifies that the daily lists of persons who have requested early ballots from the county recorder must be provided at no cost to political parties.

· Authorizes candidates and political committees to continue to collect early ballot request forms but requires them to be transmitted to the appropriate political subdivision within ten business days. However, if the request is received within 30 days immediately preceding the election, the request must be transmitted within 96 hours excluding weekends and legal holidays.

· Specifies that candidates who receive early ballot requests less than 96 hours before the eleventh day preceding the election are still required to deliver the request to the county recorder or officer in charge of elections by no later than 5:00 P.M. on the eleventh day preceding the election.

· Removes the provision that establishes the voting technology fund and all appropriations.

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· 45th Legislature