Arizona Fifty-fifth Legislature - Second Regular Session Status: In Committee 2 R cosponsors

SB 1357 — election equipment; certification; results

Last action — DPA

  1. ✓
    Introduced
  2. 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

53 added · 88 removed

Plain-language change summary

The amendments to Senate Bill 1357 introduce several new provisions aimed at ensuring election equipment is secure and reliable. Key changes include a ban on vote recording machines that can register fractional votes, strict rules against pre-setting numbers in the machines, and requirements for ongoing inspections by independent compliance officers. These changes are significant because they aim to enhance the integrity of the voting process, making it harder for tampering to occur and ensuring that all election equipment meets uniform standards.

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REFERENCE TITLE:
Fifty-fifth Legislature Government Second Regular Session S.B.
election equipment;
1357 PROPOSED SENATE AMENDMENTS TO S.B.
certification;
1357 (Reference to printed bill) Page 1, line 5, after "emergency" insert ";
results State of Arizona Senate Fifty-fifth Legislature Second Regular Session SB 1357 Introduced by Senators Townsend:
violation;
Borrelli, Livingston, Rogers;
classification" Page 2, between lines 17 and 18, insert:
Representatives Burges, Fillmore AN ACT AMENDING SECTION 16-442, ARIZONA REVISED STATUTES;
"G.
RELATING TO THE CONDUCT OF ELECTIONS.
THE SECRETARY OF STATE SHALL ENSURE THAT VOTE RECORDING AND VOTE TABULATING MACHINES AND DEVICES APPROVED FOR USE PURSUANT TO THIS SECTION:
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - SB 1357 Be it enacted by the Legislature of the State of Arizona:
1.
Section 1.
ARE NOT CAPABLE OF REGISTERING FRACTIONAL VOTES.
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.
NOTWITHSTANDING ANY OTHER LAW, ANY MACHINE OR DEVICE THAT IS CERTIFIED BY A LABORATORY THAT WAS NOT ACCREDITED AT THE TIME OF THE CERTIFICATION IS DEEMED UNAPPROVED FOR USE IN THIS STATE AND NOT OFFICIALLY CERTIFIED.
ANY ELECTION CONDUCTED WITH THAT MACHINE OR DEVICE WHILE IT IS NOT OFFICIALLY CERTIFIED IS NULLIFIED, AND THE VOTE TALLIES FROM THAT MACHINE SHALL BE REMOVED FROM THE OFFICIAL CANVASS OF THE ELECTION.
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 SHALL 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 - SB 1357 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.
ARE NOT CAPABLE OF HAVING A POSITIVE OR NEGATIVE NUMBER SET ON OR LOADED INTO THE MACHINE OR DEVICE BEFORE THE MACHINE OR DEVICE IS ACCESSED FOR LAWFULLY TABULATING BALLOTS.
E.
A PERSON WHO KNOWINGLY SETS A FALSE NUMBER IN THE MACHINE OR DEVICE IS GUILTY OF A CLASS 5 FELONY.
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.
3.
F.
COMPLY WITH UNIFORM STATEWIDE STANDARDS, SETTINGS AND CALIBRATIONS REGARDING THE SENSITIVITY OF THE MACHINE OR DEVICE.
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.
H.
G.
THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE QUALIFIED INDEPENDENT COMPLIANCE OFFICERS WHO MAY INSPECT ANY ELECTION EQUIPMENT TO VERIFY ITS ACCURACY AND COMPLIANCE WITH THE LAW.
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.
THE INDEPENDENT COMPLIANCE OFFICERS MAY SELECT AT RANDOM THE FACILITIES AND EQUIPMENT TO INSPECT AT ANY TIME DURING VOTING OR TABULATING.
Any emergency certification shall be limited to no NOT more than six months.
I.
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.
ELECTION EQUIPMENT THAT IS CERTIFIED FOR USE WITH A SPECIFIC SOFTWARE UPDATE OR SECURITY PATCH MAY NOT BE RESET OR REVERTED TO AN EARLIER VERSION OF THE SOFTWARE OR SECURITY PATCH UNLESS APPROVED BY THE COUNTY BOARD OF SUPERVISORS.
- 2 -
THE COUNTY BOARD OF SUPERVISORS SHALL DOCUMENT THAT CHANGE AND MAKE THAT INFORMATION PUBLICLY AVAILABLE.
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A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A CLASS 2 MISDEMEANOR." Reletter to conform Senate Amendments to S.B.
1357 Page 2, after line 26, insert:
"Sec.
2.
Section 16-1021, Arizona Revised Statutes, is amended to read:
16-1021.
Enforcement by attorney general and county, city or town attorney A.
In any election for state office, members of the legislature, justices of the supreme court, judges of the court of appeals or statewide initiative or referendum the attorney general may enforce the provisions of this title through civil and criminal actions.
In any election for county, city or town office, community college district governing board, judge or a county, city or town initiative or referendum, the appropriate county, city or town attorney may enforce the provisions of this title through civil and criminal actions.
In any special district election, the county attorney of any county in which the district or a portion of the district is located or the attorney general may enforce the laws governing such election.
B.
FOR ANY VIOLATION OF THIS TITLE, EACH BALLOT AFFECTED OR EACH ELECTION DATA FILE DELETED CONSTITUTES A SEPARATE OFFENSE." Amend title to conform KELLY TOWNSEND 1357TOWNSEND.docx 02/04/2022 08:50 AM C:
MYR -2-
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Action History

  1. DPA

  2. Senate Second Reading

  3. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 87 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (87)

87 members have not signed on to this bill.

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"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

Subjects

elections
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Frequently asked questions

Who sponsors SB 1357?
SB 1357 is sponsored by Wendy Rogers (Republican), David Livingston (Republican), Kelly Townsend, Sonny Borrelli, Judy Burges, and John Fillmore.
What is the current status of SB 1357?
This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “In Committee” 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 1357?
Track SB 1357 free on One Click Politics — get push/email alerts when it moves.

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