governing body; election canvass; access

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• Jan 25, 2026
  Senate First Reading

  Senatereading-1
• Jan 26, 2026
  Senate Second Reading

  Senatereading-2
• Feb 19, 2026
  DP

  Senatecommittee-passage

Documents

• SENATE FACT SHEET: 02/02/2026 JUDE

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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:
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.