cast vote record; public record

Plain English Breakdown

Checked against official source text during the last sync.

Cast Vote Record; Public Record

This bill requires county election officials to send the cast vote record to the Secretary of State within 48 hours after sending the county canvass, and it makes this information a public record.

What This Bill Does

• Requires county boards of supervisors or officers in charge of elections to send the cast vote record to the Secretary of State (SOS) within 48 hours after they send the county canvass.
• Prohibits altering the original files that contain the cast vote records, except for certain small precincts with fewer than 25 registered voters.
• Specifies that if a precinct has fewer than 25 registered voters, only the number of voters and the number of cast votes need to be sent.
• Makes the cast vote record a public record available to anyone who requests it.
• Defines 'cast vote record' as an electronic record showing how people voted but does not link this information back to specific voters.

Who It Names or Affects

• County boards of supervisors and officers in charge of elections
• The Secretary of State

Terms To Know

cast vote record

An electronic record showing how people voted, but it does not link this information back to specific voters.

county canvass

The official count of votes in a county after an election.

Limits and Unknowns

• Does not specify the consequences for failing to comply with these requirements.
• Does not provide details on how public access will be managed or secured.
• Does not address potential privacy concerns related to making cast vote records public.

Official Summary Text

SB1038 - 572R - Senate Fact Sheet

Assigned to
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PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1038

cast
vote record; public record

Purpose

Requires the
county board of supervisors (BOS) or officer in charge of elections to transmit
the cast vote record to the Secretary of State (SOS) within 48 hours after the
county BOS transmits the county canvass. Prohibits a county BOS or officer in
charge of elections from randomizing or altering the original record files.

Background

An officer in
charge of elections must ensure that electronic or digital ballot images are
protected from physical or electronic access, including unauthorized copying or
transferring, and that all security measures are at least as protective as
those for paper ballots (
A.R.S.
� 16-625
).

Precinct
registers and other lists and information derived from voter registration forms
may only be used for: 1) purposes relating to a political activity, political
campaign or election;

2) revising election district boundaries; or 3) any other purpose authorized by
law. A county recorder, the Secretary of State or an officer in charge of
elections, on a request for an authorized use, must prepare additional copies
of the list and furnish them to any requesting person on payment of a statutory
fee that is based on the number of voter registration forms provided. Any
person in possession of a precinct register or list may not allow the register
or list to be used, bought, sold or transferred for any non-authorized purpose
(
A.R.S.
� 16-168
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Requires the county BOS or officer in charge of elections
to transmit the cast vote record in a sortable format to
the SOS within 48 hours after the county BOS transmits the county canvas to the
SOS.

2.

Prohibits a county BOS or officer in charge of elections from altering
the cast vote record, except as prescribed for precincts, precinct splits and
ballot styles containing fewer than 25 registered voters.

3.

Stipulates that, if a precinct, precinct split or ballot style contains
fewer than 25 registered voters, the county BOS or officer in charge of
elections must only include the number of voters and the number of cast vote
records in the transmission to the SOS.

4.

Deems the cast vote record a public record.

5.

Defines
cast vote record
as an electronic record of the voters'
selections as captured by a tabulation device from a ballot or a ballot image
that cannot be linked to a specific voter.

6.

Becomes effective on the general effective date.

Amendments Adopted by
Committee

1.

Replaces the requirement that the county recorder make certain voter
information available as a public record within one hour after the polls close
with the requirement that the county recorder transmit the cast vote record to
the SOS within 48 hours after the county BOS transmits the county canvass.

2.

Requires the county recorder to only include the number of voters and
the number of cast vote records in the transmission to the SOS for precincts
and precinct splits containing fewer than 25 registered voters.

3.

Defines
cast vote record
.

Senate Action

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Prepared by Senate Research

January 20, 2026

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Current Bill Text

SB1038 - 572R - S Ver

Senate Engrossed

cast vote record;
public record

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1038

AN
ACT

amending title 16, chapter 4, article 1,
Arizona Revised Statutes, by adding section 16-407.04; 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. Title 16, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 16-407.04, to read:

START_STATUTE
16-407.04.

Cast vote record; public record; definition

A. Within forty-eight hours after the
county board of supervisors TRANSMITS the county canvass to the secretary of
STATE, the board of supervisors or the officer in charge of elections shall
transmit The cast vote record to the secretary of state in a sortable format. The
transmitted cast vote record shall be unaltered except that, for precincts,
precinct splits and ballot styles that contain fewer than twenty-five
registered voters, the board of supervisors or officer in charge of elections
shall include only the number of voters and the number of cast vote records.

B. The board of supervisors or
officer in charge of elections shall not randomize or otherwise alter the
original files.

C. The information and records
prescribed by subsection A of this section constitute a public record.

D. For the purposes of this section,
"cast vote record" means an electronic record of the voters'
selections as captured by a tabulation device from a ballot or a ballot image
that cannot be linked to a specific voter.
END_STATUTE