Arizona House bill by Rep. Kolodin sets detailed procedures for election hand counts

Passed bill authored by State Rep. Alexander Kolodin aims to establish detailed procedures for hand counts of votes cast on electronic machines, including random audits and criteria for expanding counts if discrepancies arise, according to the Arizona State House.

It passed both chambers as of April 29, clearing the House by a vote of 59-0 and the Senate by a vote of 17-12.

The bill, introduced as HB2046 on Jan. 8, ahead of the official start of the 57th Legislature’s first regular session on Jan. 13, was formally listed with the short title: ‘audits; precincts; voting centers’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends Section 16-602 of the Arizona Revised Statutes to establish detailed procedures for hand counts of votes cast on electronic machines or tabulators during elections. It mandates random hand counts for at least two percent of precincts, or two precincts, whichever is greater, selected without computer assistance. The bill outlines eligibility criteria and compensation for individuals conducting hand counts, requires video recordings by party observers, and lists the types of races to be hand-counted. It also specifies steps for expanding hand counts if discrepancies exceed a designated margin, necessitating counts up to the entire jurisdiction for particular races. For early ballots, a manual audit will be conducted on a randomly chosen batch equal to one percent or 5,000 of total early ballots, whichever is less. The bill demands expanding audits to more ballots if discrepancies continue and requires timely completion of hand counts before the election canvass. Furthermore, it provides guidelines for public reporting of results, review of source codes in case of expanded counts, and establishes a verification committee to set review margins. The bill will be effective upon passage.

In the House, 26 Democrats and 33 Republicans voted in favor, with no opposition.

Meanwhile, in the Senate, 17 Republicans voted in favor while 12 Democrats voted against it.

Kolodin introduced the bill in the Arizona House on Jan. 8 ahead of the official start of the 57th Legislature’s first regular session on Jan. 13.

Kolodin graduated from Georgetown University with a BA and again from University of Pennsylvania Carey Law School with a JD.

Kolodin, a Republican, was elected to the Arizona State House in 2023 to represent the state’s 3rd House District, replacing previous state representative Alma Hernandez.

The bill was vetoed by Gov. Katie Hobbs on May 6.

In Arizona, the legislative process begins when a bill is introduced in either the House of Representatives or the Senate. It is then assigned to one or more committees for discussion and possible amendment. If approved by committee, the bill proceeds to floor debate and voting in both chambers. If both chambers pass the bill, it is sent to the governor, who may sign it into law, veto it, or allow it to become law without a signature. The Arizona Legislature convenes annually in regular session starting the second Monday in January. Lawmakers introduce hundreds of bills each session, though only a portion make it into law. You can learn more about the legislative process on the Arizona State Legislature website.