Arizona 56th Legislature - Second Regular Session Status: Died 10 R cosponsors

HB 2851 — elections; ballot chain of custody

Last action — DP

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. Died in session

This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

9 added · 11 removed

Plain-language change summary

The updated version of House Bill 2851 has added a title that specifies it focuses on "elections; ballot chain of custody." Additionally, it removed a list of sponsors from the text. These changes clarify the bill's purpose and streamline its presentation, which helps ensure that lawmakers and the public can easily understand its focus on the protocols for securing ballots during elections.

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REFERENCE TITLE:
House Engrossed elections;
elections;
ballot chain of custody State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HOUSE BILL 2851 AN ACT AMENDING SECTIONS 16-503, 16-564, 16-608 AND 16-621, ARIZONA REVISED STATUTES;
ballot chain of custody State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HB 2851 Introduced by Representatives Heap:
Biasiucci, Carter, Gillette, Gress, Griffin, Jones, Kolodin, Marshall, Martinez, Parker B, Parker J, Smith AN ACT AMENDING SECTIONS 16-503, 16-564, 16-608 AND 16-621, ARIZONA REVISED STATUTES;
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - HB 2851 Be it enacted by the Legislature of the State of Arizona:
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
2851 Be it enacted by the Legislature of the State of Arizona:
Before receiving any ballots the election board, in the presence of the persons assembled at the polling place, shall open, exhibit and lock the ballot box WITH A TAMPER EVIDENT SEAL, and thereafter it THE BALLOT BOX shall not be removed from the polling place or presence of the bystanders until all ballots are counted, nor AND SHALL NOT BE opened until after the polls are finally closed, except in the case of an emergency that renders the polling place unusable to the point where it can no longer function as a polling place because law enforcement or other emergency personnel have ordered that the polling place be evacuated or as determined by the officer in charge of elections to allow voting to - 1 - HB 2851 continue while awaiting an evacuation order from law enforcement or other emergency personnel.
Before receiving any ballots the election board, in the presence of the persons assembled at the polling place, shall open, exhibit and lock the ballot box WITH A TAMPER EVIDENT SEAL, and thereafter it THE BALLOT BOX shall not be removed from the polling place or presence of the bystanders until all ballots are counted, nor AND SHALL NOT BE opened until after the polls are finally closed, except in the case of an emergency that renders the polling place unusable to the point where it can no longer function as a polling place because law enforcement or other emergency personnel have ordered that the polling place be evacuated or as determined by the officer in charge of elections to allow voting to - 1 - H.B.
2851 continue while awaiting an evacuation order from law enforcement or other emergency personnel.
- 2 - HB 2851 3.
- 2 - H.B.
2851 3.
All proceedings at the counting center shall be under the direction of the board of supervisors or other officer in charge of elections and shall be conducted in accordance with the approved instructions and procedures manual issued pursuant to section 16-452 under - 3 - HB 2851 the observation of representatives of each political party and the public.
All proceedings at the counting center shall be under the direction of the board of supervisors or other officer in charge of elections and shall be conducted in accordance with the approved instructions and procedures manual issued pursuant to section 16-452 under - 3 - H.B.
2851 the observation of representatives of each political party and the public.
- 4 - HB 2851 2.
- 4 - H.B.
2851 2.
The county recorder or other officer in charge of elections shall maintain records that record the chain of custody for all election equipment and ballots during early voting through the completion of - 5 - HB 2851 provisional voting tabulation.
The county recorder or other officer in charge of elections shall maintain records that record the chain of custody for all election equipment and ballots during early voting through the completion of - 5 - H.B.
2851 provisional voting tabulation.
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How this bill changes current law

4 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new requirements for ballot chain of custody and handling during elections in Arizona.

  • 16-503

    FOR EVERY BALLOT PRINTED FOR ELECTIONS ADMINISTERED BY A COUNTY, THE BOARD OF SUPERVISORS SHALL PROVIDE A CHAIN OF CUSTODY RECORD THAT BEGINS AT THE PRINTING LOCATION AND CONTINUES THROUGH TRANSPORTATION, STORAGE AND DELIVERY TO THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS AND TO ANY VOTING LOCATION.

    This addition requires a chain of custody record for each ballot printed for county-administered elections, enhancing accountability.

  • 16-564

    locked ballot box WITH A TAMPER EVIDENT SEAL, and thereafter it THE BALLOT BOX shall not be removed from the polling place → locked AND SEALED ballot box, and thereafter it THE BALLOT BOX shall not be removed from the polling place

    This change emphasizes that the ballot box must be both locked and sealed to improve security.

  • 16-608

    THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS SHALL PREPARE A CHAIN OF CUSTODY RECORD FOR THE TRANSPORTATION AND DELIVERY OF ALL VOTED BALLOTS.

    This mandates the creation of a chain of custody record for the transportation and delivery of voted ballots.

  • 16-621

    SHALL BE MADE in the presence of witnesses and substituted for the damaged or defective ballot. → SHALL BE MADE in the presence of witnesses, and the original damaged or defective ballot must be included in a chain of custody record that includes the date, time, location and serial number.

    This ensures that all duplicate ballots created from damaged ones are documented in a chain of custody record for accountability.

Action History

  1. DP

  2. Senate Second Reading

  3. Senate First Reading

  4. Transmit to Senate

  5. PASSED

  6. DP

  7. House Placed on Consent Calendar

  8. DP

  9. House Second Reading

  10. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 80 not signed on · 27 voted No

Sponsors (1)

Co-sponsors (12)

Not signed on (80)

80 members have not signed on to this bill.

Show all 80 →

"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

retained

Failed 0 Yea · 0 Nay

Per-member breakdown not published by this state.

Passed

Passed 31 Yea · 28 Nay
Party YeaNayPresentNot Voting
Democrat 02000
Republican 23000
Unaffiliated 8801
Total 312801
% of votes cast 52%47%0%2%
How each member voted (60)
Member Party Vote
Jevin D Hodge — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Charles W Lucking — Nay
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Not Voting
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Travis W. Grantham — Yea
Alma Hernandez Democrat Nay
Analise Ortiz Democrat Nay
Betty J Villegas Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

do pass

Failed 0 Yea · 0 Nay

Per-member breakdown not published by this state.

Subjects

elections
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 HB 2851?
HB 2851 is sponsored by Teresa Martinez (Republican), Alexander Kolodin (Republican), Rachel Keshel (Republican), Gail Griffin (Republican), Matt Gress (Republican), John Gillette (Republican), Neal Carter (Republican), Leo Biasiucci (Republican), Ralph Heap (Republican), David Marshall, Sr. (Republican), Barbara Parker, Jacqueline Parker, and Austin Smith.
What is the current status of HB 2851?
This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” 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 HB 2851?
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