Arizona Fifty-fifth Legislature - Second Regular Session Status: Passed Senate 11 R cosponsors

SB 1457 — voting machines; hardware; software; access

Last action — FAILED

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

144 added · 56 removed

Plain-language change summary

The amendment to Senate Bill 1457 introduces stricter controls on voting equipment used in polling places and voting centers. It prohibits any voting machines from having internet access and requires that any access points are secured and logged. This change is important because it aims to enhance the security and integrity of electoral processes by preventing unauthorized access to sensitive election data. Additionally, it establishes a clear chain of custody for the equipment to ensure accountability during elections.

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Fifty-fifth Legislature Government Second Regular Session S.B.
Senate Engrossed voting machines;
1457 PROPOSED SENATE AMENDMENTS TO S.B.
hardware;
1457 (Reference to printed bill) Page 2, after line 35 insert:
software;
"Sec.
access (now:
voting;
equipment;
internet;
custody;
violation) State of Arizona Senate Fifty-fifth Legislature Second Regular Session 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) - i - S.B.
1457 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Section 16-442, Arizona Revised Statutes, is amended to read:
16-442.
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.
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.
- 1 - S.B.
1457 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.
Show all 66 changed rows (26 more)
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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.
Sec.
2.
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.
THE DELIVERY, USE AND RETURN OF THE EQUIPMENT SHALL BE LOGGED ON A CHAIN - 2 - S.B.
1457 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.
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 Senate Amendments to S.B.
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.
1457 RECORD.
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." Amend title to conform SONNY BORRELLI 14570332.docx 02/03/2022 03:32 PM S:
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.
MH/slp -2-
- 3 -
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Action History

  1. FAILED

  2. DPA

  3. DPA

  4. Senate Second Reading

  5. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 21 co-sponsors · 71 not signed on · 15 voted No

Sponsors (1)

Co-sponsors (21)

Not signed on (71)

71 members have not signed on to this bill.

Show all 71 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

failed to pass

Failed 14 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 0500
Unaffiliated 71001
Republican 7000
Total 141501
% of votes cast 47%50%0%3%
How each member voted (30)
Member Party Vote
Christine Marsh — Nay
Juan Mendez — Not Voting
Karen Fann — Yea
Kelly Townsend — Yea
Lisa Otondo — Nay
Martin Quezada — Nay
Michelle B. Ugenti-Rita — Nay
Nancy Barto — Yea
Paul Boyer — Nay
Raquel Terán — Nay
Rebecca Rios — Nay
Rick Gray — Yea
Rosanna Gabaldon — Nay
Sean Bowie — Nay
Sine Kerr — Yea
Sonny Borrelli — Yea
Tyler Pace — Yea
Victoria Steele — Nay
Lela Alston Democrat Nay
Lupe Contreras Democrat Nay
Sally Ann Gonzales Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Theresa Hatathlie Democrat Nay
David Gowan Republican Yea
David Livingston Republican Yea
J.D. Mesnard Republican Yea
Thomas "T.J." Shope Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Subjects

elections technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1457?
SB 1457 is sponsored by Justin Wilmeth (Republican), Kevin Payne (Republican), Jake Hoffman (Republican), Mark Finchem (Republican), Joseph Chaplik, Leo Biasiucci (Republican), Thomas "T.J." Shope (Republican), Wendy Rogers (Republican), David Livingston (Republican), Venden "Vince" Leach (Republican), Warren Petersen (Republican), David Gowan (Republican), Kelly Townsend, Brenda Barton, John Fillmore, Steve Kaiser, Jacqueline Parker, Sonny Borrelli, Nancy Barto, Karen Fann, Rick Gray, and Sine Kerr.
What is the current status of SB 1457?
This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1457?
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