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SB1040 - 572R - S Ver
Senate Engrossed
voter registration
rolls; internet access
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1040
AN
ACT
amending sections 15-423 and 16-168,
Arizona Revised Statutes; relating to qualification and registration of
electors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-423, Arizona Revised
Statutes, is amended to read:
START_STATUTE
15-423.
School district precinct registers; date of preparation;
contents; copies
A. By the fifth day preceding the elections for
membership on school district governing boards the county recorder shall
prepare from the original affidavits of registration at least four printed or
typed lists of all uncanceled registrations of each school district
election precinct
in the county, and the lists are the official
school district precinct registers.
B. The official school district precinct registers
shall contain all information required to be included on precinct
registers. The county recorder may combine the precinct register and
the official school district precinct register into one common register.
C.
On request,
the county
recorder shall
, upon request,
provide copies of school
district precinct registers in the manner
and for the fees
prescribed in section 16-168, or section 16-172 for political
subdivisions, for copies of precinct registers.
D. By the fifth day preceding a special election or
an election held at a time and place other than a general election in a school
district, the county recorder shall prepare from the original affidavits of
registration at least four printed or typed lists of all uncanceled
registrations of each school district election precinct, and the lists are the
official school district precinct registers. The official school
district precinct registers shall contain all information required to be
included on precinct registers. The
governing board of
the school district
county school superintendent
shall
request of the county recorder and the county recorder shall provide to the
school district copies of school district precinct registers in the manner and
for the
fees
costs
prescribed in
section 16-172 for copies of precinct registers.
END_STATUTE
Sec. 2. Section 16-168, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-168.
Precinct registers; date of preparation; contents; registration
rolls access; reports; statewide database; violation; classification
A. By the tenth day preceding the primary and
general elections the county recorder shall prepare from the original
registration forms or from electronic media at least four lists that are
printed or typed on paper, or at least two electronic media poll lists, or any
combination of both, of all qualified electors in each precinct in the county,
and the lists shall be the official precinct registers.
B. The official
precinct registers for use at the polling place shall contain at least the
names in full, party preference, date of registration and residence address of
each qualified elector in the respective precincts. The names shall
be in alphabetical order and, in a column to the left of the names, shall be
numbered consecutively beginning with number 1 in each precinct register.
C. For the purposes of transmitting voter
registration information as prescribed by this subsection, electronic media
shall be the principal media.
A county or state
chairman who is eligible to receive copies of precinct lists as prescribed by
this subsection may request that the recorder provide a paper copy of the
precinct lists. In addition to preparing the official precinct
lists, the county recorder shall provide a means for electronically reproducing
the precinct lists.� Unless otherwise agreed, the county recorder shall deliver
one electronic media copy of each precinct list in the county without charge
and on the same day within eight days after the close of registration for the
primary and general elections to the county chairman and one electronic media
copy to the state chairman of each party that has at least four candidates
other than presidential electors appearing on the ballot in that county at the
current election.� The secretary of state shall establish a single format that
prescribes the manner and template in which all county recorders provide this
data to the secretary of state to ensure that the submissions are uniform from
all counties in this state, that all submissions are identical in format,
including the level of detail for voting history, and that information may
readily be combined from two or more counties. The electronic media
copies of the precinct lists that are delivered to the party chairmen shall
include for each elector the following information:
1. Name in full and appropriate title.
2. Party preference.
3. Date of registration.
4. Residence address.
5. Mailing address, if different from
residence address.
6. Zip code.
7. Telephone number if given.
8. Birth year.
9. Occupation if given.
10. Voting history for all elections
in the prior four years and any other information regarding registered voters
that the county recorder or city or town clerk maintains electronically and
that is public information.
11. All data relating to early voters,
including ballot requests and ballot returns.
D. The names on the precinct lists
shall be in alphabetical order and the precinct lists in their entirety, unless
otherwise agreed, shall be delivered to each county chairman and each state
chairman within ten business days of the close of each date for counting
registered voters prescribed by subsection G of this section other than the
primary and general election registered voter counts in the same format and
media as prescribed by subsection C of this section.� During the thirty-three
days immediately preceding an election and on request from a county or state
chairman, the county recorder shall provide at no cost a daily list of persons
who have requested an early ballot and shall provide at no cost a weekly
listing of persons who have returned their early ballots. The
recorder shall provide the daily and weekly information through the Friday
preceding the election. On request from a county chairman or state
chairman, the county recorder of a county with a population of more than eight
hundred thousand persons shall provide at no cost a daily listing of persons
who have returned their early ballots. The daily listing shall be
provided Mondays through Fridays, beginning with the first Monday following the
start of early voting and ending on the Monday before the election.
D. The county recorder shall provide
access to the voter registration rolls by way of an internet portal that is
accessible to the public and that allows the information to be
downloaded. THE INFORMATION SHALL BE IN A READ ONLY FORMAT AND IN A
VERSION THAT MAY NOT BE EDITED. The county recorder may not charge a
fee for the access or for the information.
E. Precinct registers and other lists and
information derived from registration forms
and from the voter
registration rolls
may be used only for purposes relating to a political
or political party activity, a political campaign or an election, for revising
election district boundaries or for any other purpose specifically authorized
by law and may not be used for a commercial purpose as defined in section 39-121.03. The
sale of registers, lists and information derived from registration forms
and from the voter registration rolls
to a candidate or a
registered political committee for a use specifically authorized by this
subsection does not constitute use for a commercial purpose.
The county recorder, the secretary of state and other officers in
charge of elections, on a request for an authorized use and within thirty days
from receipt of the request, shall prepare additional copies of an official
precinct list and furnish them to any person requesting them on payment of a
fee equal to the following amounts for the following number of voter
registration records provided:
1. For one to one hundred twenty-four
thousand nine hundred ninety-nine records, $93.75 plus $0.0005 per
record.
2. For one hundred twenty-five
thousand to two hundred forty-nine thousand nine hundred ninety-nine
records, $156.25 plus $0.000375 per record.
3. For two hundred fifty thousand to
four hundred ninety-nine thousand nine hundred ninety-nine records,
$203.13 plus $0.00025 per record.
4. For five hundred thousand to nine
hundred ninety-nine thousand nine hundred ninety-nine records,
$265.63 plus $0.000125 per record.
5. For one million or more records,
$328.13 plus $0.0000625 per record.
F. Any person in possession of a precinct register
or list, in whole or part, or any reproduction of a precinct register or list,
shall not
permit
allow
the register
or list to be used, bought, sold or otherwise transferred for any purpose
except for uses otherwise authorized by this section.
A
person in possession of information derived from voter registration forms or
precinct registers shall not distribute, post or otherwise provide access to
any portion of that information through the internet except as authorized by
subsection I of this section.� Nothing in this section shall preclude public
inspection of voter registration records at the office of the county recorder
for the purposes prescribed by this section, except that the month and day of
birth date, the social security number or any portion thereof, the driver
license number or nonoperating identification license number, the Indian census
number, the father's name or mother's maiden name, the state or country of
birth and the records containing a voter's signature and a voter's e-mail
address shall not be accessible or reproduced by any person other than the
voter, by an authorized government official in the scope of the official's
duties, for any purpose by an entity designated by the secretary of state as a
voter registration agency pursuant to the national voter registration act of
1993 (P.L. 103-31; 107 Stat. 77), for signature verification on petitions
and candidate filings, for election purposes and for news gathering purposes by
a person engaged in newspaper, radio, television or reportorial work, or
connected with or employed by a newspaper, radio or television station or
pursuant to a court order. Notwithstanding any other law, a voter's
e-mail address may not be released for any purpose.�
A person who
violates this subsection or subsection E of this section is guilty of a class 6
felony.
G. The county recorder shall count the registered
voters by political party by precinct, legislative district and congressional
district as follows:
1. In even numbered years, the county recorder shall
count all persons who are registered to vote as of:
(a) January 2.
(b) April 1.
(c) The last day on which a person may register to
be eligible to vote in the next primary election.
(d) The last day on which a person may register to
be eligible to vote in the next general election.
(e) The last day on which a person may register to
be eligible to vote in the next presidential preference election.
2. In odd numbered years, the county recorder shall
count all persons who are registered to vote as of:
(a) January 2.
(b) April 1.
(c) July 1.
(d) October 1.
H. The county recorder shall report the totals to
the secretary of state as soon as is practicable following each of the dates
prescribed in subsection G of this section. The report shall include
completed registration forms returned in accordance with section 16-134,
subsection B. The county recorder shall also provide the report
in a uniform electronic computer media format that shall be agreed on between
the secretary of state and all county recorders. The secretary of
state shall then prepare a summary report for the state and shall maintain that
report as a permanent record.
I. The county recorder and the secretary of state
shall protect access to voter registration information in an auditable format
and method specified in the secretary of state's electronic voting system
instructions and procedures manual that is adopted pursuant to section 16-452.
J. The secretary of state shall develop and
administer a statewide database of voter registration information that contains
the name and registration information of every registered voter in this
state. The statewide database is a matter of statewide concern and
is not subject to modification or further regulation by a political
subdivision. The database shall include an identifier that is unique
for each individual voter. The database shall provide for access by
voter registration officials and shall allow expedited entry of voter
registration information after it is received by county recorders.� As a part
of the statewide voter registration database, county recorders shall provide
for the electronic transmittal of that information to the secretary of state on
a real time basis. The secretary of state shall provide for
maintenance of the database, including provisions regarding removal of
ineligible voters that are consistent with the national voter registration act
of 1993 (P.L. 103-31; 107 Stat. 77; 52 United States Code sections 20501
through 20511) and the help America vote act of 2002 (P.L. 107-252;
116 Stat. 1666; 52 United States Code sections 20901 through 21145), provisions
regarding removal of duplicate registrations and provisions to ensure that
eligible voters are not removed in error. For the purpose of
maintaining compliance with the help America vote act of 2002, each county
voter registration system is subject to approval by the secretary of state for
compatibility with the statewide voter registration database system.
K. Except as provided in subsection L
of this section, for requests for the use of registration forms and access to
information as provided in subsections E and F of this section, the county
recorder shall receive and respond to requests regarding federal, state and
county elections.
L. Beginning January 1, 2008,
recognized political parties shall request precinct lists and access to
information as provided in subsections E and F of this section during the time
periods prescribed in subsection C or D of this section and the county recorder
shall receive and respond to those requests. If the county recorder
does not provide the requested materials within the applicable time prescribed
for the county recorder pursuant to subsection C or D of this section, a recognized
political party may request that the secretary of state provide precinct lists
and access to information as provided in subsections E and F of this section
for federal, state and county elections. The secretary of state
shall not provide access to precinct lists and information for recognized
political parties unless the county recorder has failed or refused to provide
the lists and materials as prescribed by this section.� The secretary of state
may charge the county recorder a fee determined by rule for each name or record
produced.
M. For municipal registration
information in those municipalities in which the county administers the
municipal elections, county and state party chairmen shall request and obtain
voter registration information and precinct lists from the city or town clerk
during the time periods prescribed in subsection C or D of this
section. If the city or town clerk does not provide that information
within the same time prescribed for county recorders pursuant to subsection C
or D of this section, the county or state party chairman may request and obtain
the information from the county recorder. The county recorder shall
provide the municipal voter registration and precinct lists within the time
prescribed in subsection C or D of this section.
N.
K.
The
county recorders and the secretary of state shall not prohibit any person or
entity
prescribed in subsection C of this section
from
distributing a precinct list to any person or entity that is deemed to be using
the precinct list in a lawful manner as prescribed in subsections E and F of
this section.
END_STATUTE