governing body; election canvass; access

Plain English Breakdown

The official source material does not provide specific details on the fiscal impact, day-to-day operations of election management, or how this will affect public access beyond what is stated.

Election Canvass Access for Governing Bodies

This bill requires governing bodies to have access to locations where election materials are stored and processed when they meet to canvass elections.

What This Bill Does

• Governing bodies must be allowed to see places where election materials like ballots, voting machines, voter registration data, and other items used in running elections are kept or handled.
• They can observe how the election is run, look at important documents, and get help from election officials if needed.
• The bill prohibits governing bodies from disrupting elections or breaking rules about privacy and security.
• If a governing body cannot access these places as required, they can ask a court to make it happen.

Who It Names or Affects

• Governing bodies that meet to canvass election results
• Election officials who manage voting locations and materials

Terms To Know

canvass

The process of officially counting votes and certifying the results of an election.

election materials

All items used in running elections, such as ballots, voting machines, voter registration data, logs, chain of custody reports, and vote tabulation devices.

Limits and Unknowns

• The bill does not allow governing bodies to change or remove election materials without special permission.
• It is unclear how this will affect the day-to-day operations of election management.

Official Summary Text

SB1392 - 572R - Senate Fact Sheet

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ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1392

governing
body; election canvass; access

Purpose

Requires a governing body that meets and canvasses an election to have
access to any location in which election materials for the election being
canvassed are created, handled, processed, tabulated or stored. Outlines
requirements relating to a governing body's right to have access to the
specified locations designated for election activity.

Background

The governing body conducting an election must meet and canvass the
election within the specified timeframes based on the governing body and
election being canvassed (
A.R.S.

� 16-642
). The purpose of the canvass is to officially certify the
election. The canvass includes the vote total for all races tabulated by voting
equipment, including early ballots, regular ballots and provisional ballots as
well as write-in votes (
EPM
Ch. 13 (II)
). The canvass must be made in public by opening the returns and
determining the vote of the county, by polling places, for each person voted
for, and the vote for and against each proposed measure on the ballot (
A.R.S.
� 16-643
).

All proceedings at the counting center must be under the direction of the
county board of supervisors or other officer in charge of elections and must be
conducted in accordance with the approved instructions and procedures manual under
the observation of representatives of each political party and the public.

For any statewide, county or legislative election, the county
recorder or officer in charge of elections must provide a live video recording
of the custody of all ballots while the ballots are present in a tabulation
room at the counting center. The live video recording must include date and
time indicators and be linked to the Secretary of State's (SOS's) website. The SOS
must post links to the video coverage for viewing by the public.

The county recorder or other officer in charge of elections
must maintain records that record the chain of custody for all election
equipment and ballots during early voting through the completion of provisional
voting tabulation
(
A.R.S. � 16-621
).

The officer in charge of elections must ensure that electronic data and
images from ballots are protected from physical and electronic access,
including unauthorized copying or transfer, and that all security measures are
at least as protective as those prescribed for paper ballots (
A.R.S.

� 16-625
).

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

Provisions

1.

Requires
any governing body that meets and canvasses an election (governing body) to
have access to any location in which election materials for the election being
canvassed are created, handled, processed, tabulated or stored, including:

a)

election headquarters and tabulation centers;

b)

ballot storage or custody facilities;

c)

voter registration and early ballot processing sites; and

d)

any
other locations that are designated for election activity by the county
recorder, an elections director, any other election administrator or the SOS.

2.

Specifies
that a governing body's access to the outlined locations designated for
election activity includes the right to:

a)

observe election procedures in person;

b)

examine and copy relevant documents, reports and digital records; and

c)

receive
reasonable assistance from election officials to locate and interpret materials
that are relevant to the certification and canvass of the election.

3.

Allows a governing body to designate employees or agents of the
governing body to assist in conducting any of the outlined activities that the
governing body has the right to conduct.

4.

Prohibits a governing body from disrupting the conduct of the election
or violating voter privacy, ballot secrecy or security protocols that are
established under state or federal law.

5.

Requires a governing body to comply with all security clearances,
identification and nondisclosure requirements that are reasonably imposed by
election officials to protect confidential information.

6.

Allows a governing body that is denied access to specified election
activity locations to apply to the superior court for injunctive and other
relief.

7.

Allows the Attorney General to bring a civil action to enforce the
requirements relating to a governing body's right to access specified election
activity locations.

8.

Specifies that the outlined requirements relating to a governing body's
access to specified election activity locations does not authorize the
alteration, duplication or removal of election materials, unless otherwise
provided by law or court order.

9.

Classifies a violation of the outlined requirements relating to a
governing body's access to specified election activity locations as a class 2
misdemeanor.

10.

Defines

election materials
as all records, documents, equipment, digital files,
logs, chain of custody reports, ballots, vote tabulation devices and any other
items that are used in the administration, tabulation or verification of an
election.

11.

Becomes
effective on the general effective date.

Prepared by Senate Research

February 2, 2026

ZD/KS/ci

Current Bill Text

SB1392 - 572R - I Ver

REFERENCE TITLE:
governing body; election canvass; access

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1392

Introduced by

Senator
Kavanagh

AN
ACT

amending title 16, chapter 4, article 11,
Arizona Revised Statutes, by adding section 16-642.01; 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 11,
Arizona Revised Statutes, is amended by adding section 16-642.01, to read:

START_STATUTE
16-642.01.

Governing body; canvass; access; limitation; enforcement;
violation; classification; definition

A. For any governing body that meets
and canvasses an election as prescribed by section 16-642, before the
canvass occurs, the governing body shall have access to any location in which
election materials are created, handled, processed, tabulated or stored with
respect to the specific election that is being canvassed, including all of the
following:

1. Election headquarters and
tabulation centers.

2. Ballot storage or custody
facilities.

3. Voter registration and early
ballot processing sites.

4. Any other locations that are
designated by the county recorder, an elections director or any other election
administrator or the secretary of state for election activity.

B. The governing body's access
prescribed by subsection A of this section Includes the right to do all of the
following:

1. Observe election procedures in
person.

2. Examine and copy relevant
documents, reports and digital records.

3. Receive reasonable assistance from
election officials to locate and interpret materials that are relevant to the
certification and canvass of the election.

C. Notwithstanding subsections A and
B of this section, the governing body:

1. May not disrupt the conduct of the
election or violate voter privacy, ballot secrecy or security protocols that
are established under state or federal law.

2. Shall comply with all security
clearances, identification and nondisclosure requirements that are reasonably
imposed by election officials for the protection of confidential information.

D. The governing body may designate
employees or agents of the governing body to assist in conducting any of the
activities prescribed by this section for the governing body.

E. This section does not authorize
the alteration, duplication or removal of election materials except as
otherwise provided by law or court order.

F. A governing body that is denied
access prescribed by this section with respect to an election that the
governing body will canvass may apply to the superior court for injunctive and
other relief to compel compliance with this section.� The attorney general may
bring a civil action to enforce this section.

G. A
violation of this section is a class 2 misdemeanor.

H. For
the purposes of this section, "election materials" means all records,
documents, equipment, digital files, logs, chain of custody reports, ballots
and vote tabulation devices and any other items that are used in the administration,
tabulation or verification of an election.
END_STATUTE