PREFILED DEC 08 2015
REFERENCE TITLE: driver licenses; automatic voter registration
State of Arizona
Second Regular Session
amending section 16-112, 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 16-112, Arizona Revised Statutes, is amended to read:
16-112. Driver license voter registration
A. Every person who is applying for a driver license or renewal and who is otherwise qualified to register to vote shall, at the same time and place, shall be permitted to register to vote by providing the information prescribed by section 16‑152. Beginning January 1, 2017, every person who is applying for a driver license or renewal and who is otherwise qualified to register to vote shall be registered to vote automatically on completion of the application for the license or renewal unless the applicant clearly expresses the applicant's decision not to register. The method used to register voters shall require only the minimum information necessary to prevent duplicate registrations, to enable elections officials to determine voter eligibility and to administer voter registration and election laws. A registration form shall be included for a person who is applying for a driver license renewal by mail. On completion of a form that contains at least the information prescribed by section 16‑121.01, subsection A and that may contain the information prescribed by section 16‑152 and on receipt of that form by the county recorder from the department of transportation as prescribed by subsection D of this section, the applicant is presumed to be properly registered to vote. That presumption may be rebutted as provided in section 16-121.01, subsection B.
B. The director of the department of transportation and the secretary of state shall consult at least every two years regarding voter registration at driver license offices. The director of the department of transportation and the secretary of state shall, after consultation with all county recorders, shall adopt rules to implement a system permitting driver license applicants to register to vote at the same time and place as they apply for driver licenses and to implement the automatic voter registration of applicants unless the applicant affirmatively opts out of the voter registration process. Such The rules shall:
1. Bring the license application and voter registration application forms into substantial conformity.
2. Permit the transfer of driver license applications, including renewal and change of address, and voter registration information from the department of transportation to the voter registration rolls.
3. Respect all rules and statutes of this state concerning the confidentiality of driver license application information.
4. Provide for the manual or electronic generation and transmittal of voter registrations and provide for electronic generation of changes in voter registration information, including address, in conformity with the confidentiality requirements of the national voter registration act of 1993 (P.L. 103‑31; 107 Stat. 77; 42 52 United States Code section 394 20501).
C. The department of transportation shall provide to applicants a statement that provides each eligibility requirement for voting, including citizenship, an attestation that the applicant meets each requirement, for the signature of the applicant under penalty of perjury and, in print that is identical to that used in the attestation, the following:
1. A description of the penalties provided by law for the submission of a false voter registration application.
2. A statement that if an applicant declines to register to vote the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.
3. A statement that if an applicant does register to vote the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
D. The department of transportation shall return or mail completed registrations to the county recorder of the county in which the applicant resides within five days after receipt of a completed registration.