Bill Text: AZ SB1222 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: Voter identification; proof of citizenship
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-25 - Senate read second time [SB1222 Detail]
Download: Arizona-2017-SB1222-Introduced.html
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REFERENCE TITLE: voter identification; proof of citizenship |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1222 |
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Introduced by Senator Quezada
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AN ACT
amending sections 16-152, 16-166 and 16-579, Arizona Revised Statutes; relating to voter identification.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 16-152, Arizona Revised Statutes, is amended to read:
16-152. Registration form
A. The form used for the registration of electors shall contain:
1. The date the registrant signed the form.
2. The registrant's given name, middle name, if any, and surname.
3. The complete address of the registrant's actual place of residence, including street name and number, apartment or space number, city or town and zip code, or such description of the location of the residence that it can be readily ascertained or identified.
4. The registrant's complete mailing address, if different from the residence address, including post office address, city or town, zip code or other designation used by the registrant for receiving mail. The form shall also include a line for the registrant's e‑mail address (optional to registrant).
5. The registrant's party preference. The two largest political parties that are entitled to continued representation on the ballot shall be listed on the form in the order determined by calculating which party has the highest number of registered voters at the close of registration for the most recent general election for governor, then the second highest. The form shall allow the registrant to circle, check or otherwise mark the party preference and shall include a blank line for other party preference options.
6. The registrant's telephone number, unless unlisted.
7. The registrant's state or country of birth.
8. The registrant's date of birth.
9. The registrant's occupation.
10. The registrant's Indian census number (optional to registrant).
11. The registrant's father's name or mother's maiden name.
12. One of the following identifiers for each registrant:
(a) The Arizona driver license number of the registrant or nonoperating identification license number of the registrant that is issued pursuant to section 28‑3165.
(b) If the registrant does not have an Arizona driver license or nonoperating identification license, the last four digits of the registrant's social security number.
(c) If the registrant does not have an Arizona driver license or nonoperating identification license or a social security number and the registrant attests to that, a unique identifying number consisting of the registrant's unique identification number to be assigned by the secretary of state in the statewide electronic voter registration database.
13. A statement as to whether or not the registrant is currently registered in another state, county or precinct, and if so, the name, address, county and state of previous registration.
14. The question to the registrant "Are you a citizen of the United States of America?", appropriate boxes for the registrant to check "yes" or "no" and a statement instructing the registrant not to complete the form if the registrant checked "no".
15. The question to the registrant "Will you be eighteen years of age on or before election day?", appropriate boxes for the registrant to check "yes" or "no" and a statement instructing the registrant not to complete the form if the registrant checked "no".
16. A statement that the registrant has not been convicted of treason or a felony, or if so, that the registrant's civil rights have been restored.
17. A statement that the registrant is a resident of this state and of the county in which the registrant is registering.
18. A statement that executing a false registration is a class 6 felony.
19. The signature of the registrant.
20. If the registrant is unable to sign the form, a statement that the affidavit was completed according to the registrant's direction.
21. 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.
22. 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.
23. A statement that the applicant shall submit evidence of United States citizenship with the application and that the registrar shall reject the application if no evidence of citizenship is attached.
B. A duplicate voter receipt shall be provided with the form that provides space for the name, street address and city of residence of the applicant, party preference and the date of signing. The voter receipt is evidence of valid registration for the purpose of casting a provisional ballot as prescribed in section 16‑584, subsection B.
C. The state voter registration form shall be printed in a form prescribed by the secretary of state.
D. The county recorder may establish procedures to verify whether a registrant has successfully petitioned the court for an injunction against harassment pursuant to section 12‑1809 or an order of protection pursuant to section 13‑3602 and, if verified, to protect the registrant's residence address, telephone number or voting precinct number, if appropriate, from public disclosure.
E. Subsection A of this section does not apply to registrations received from the department of transportation pursuant to section 16‑112.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 16-166, Arizona Revised Statutes, is amended to read:
16-166. Verification of registration
A. Except for the mailing of sample ballots, a county recorder who mails an item to any elector shall send the mailing by nonforwardable first class mail marked with the statement required by the postmaster to receive an address correction notification. If the item is returned undelivered, the county recorder shall send a follow‑up notice to that elector within three weeks of receipt of the returned notice. The county recorder shall send the follow‑up notice to the address that appears in the general county register or to the forwarding address provided by the United States postal service. The follow‑up notice shall include a registration form and the information prescribed by section 16‑131, subsection C and shall state that if the elector does not complete and return a new registration form with current information to the county recorder within thirty‑five days, the elector's registration status shall be changed from active to inactive.
B. If the elector provides the county recorder with a new registration form, the county recorder shall change the general register to reflect the changes indicated on the new registration. If the elector indicates a new residence address outside that county, the county recorder shall forward the voter registration form to the county recorder of the county in which the elector's address is located. If the elector provides a new residence address that is located outside this state, the county recorder shall cancel the elector's registration.
C. The county recorder shall maintain on the inactive voter list the names of electors who have been removed from the general register pursuant to subsection A or E of this section for a period of four years or through the date of the second general election for federal office following the date of the notice from the county recorder that is sent pursuant to subsection E of this section.
D. On notice that a government agency has changed the name of any street, route number, post office box number or other address designation, the county recorder shall revise the registration records and shall send a new verification of registration notice to the electors whose records were changed.
E. The county recorder on or before May 1 of each year preceding a state primary and general election or more frequently as the recorder deems necessary may use the change of address information supplied by the postal service through its licensees to identify registrants whose addresses may have changed. If it appears from information provided by the postal service that a registrant has moved to a different residence address in the same county, the county recorder shall change the registration records to reflect the new address and shall send the registrant a notice of the change by forwardable mail and a postage prepaid preaddressed return form by which the registrant may verify or correct the registration information. If the registrant fails to return the form postmarked not later than thirty-five days after the mailing of the notice, the elector's registration status shall be changed from active to inactive. If the notice sent by the recorder is not returned, the registrant may be required to provide affirmation or confirmation of the registrant's address in order to vote. If the registrant does not vote in an election during the period after the date of the notice from the recorder through the date of the second general election for federal office following the date of that notice, the registrant's name shall be removed from the list of inactive voters. If the registrant has changed residence to a new county, the county recorder shall provide information on how the registrant can continue to be eligible to vote.
F. The county recorder shall reject any application for
registration that is not accompanied by satisfactory evidence of United States
citizenship. Satisfactory evidence of citizenship shall include any
of the following:
1. The number of the applicant's driver license or
nonoperating identification license issued after October 1, 1996 by the
department of transportation or the equivalent governmental agency of another
state within the United States if the agency indicates on the applicant's
driver license or nonoperating identification license that the person has
provided satisfactory proof of United States citizenship.
2. A legible photocopy of the applicant's birth
certificate that verifies citizenship to the satisfaction of the county
recorder.
3. A legible photocopy of pertinent pages of the
applicant's United States passport identifying the applicant and the
applicant's passport number or presentation to the county recorder of the
applicant's United States passport.
4. A presentation to the county recorder of the
applicant's United States naturalization documents or the number of the
certificate of naturalization. If only the number of the certificate of
naturalization is provided, the applicant shall not be included in the
registration rolls until the number of the certificate of naturalization is
verified with the United States immigration and naturalization service by the
county recorder.
5. Other documents or methods of proof that are
established pursuant to the immigration reform and control act of 1986.
6. The applicant's bureau of Indian affairs card number,
tribal treaty card number or tribal enrollment number.
G. Notwithstanding
subsection F of this section, any person who is registered in this state on the
effective date of this amendment to this section is deemed to have provided
satisfactory evidence of citizenship and shall not be required to resubmit
evidence of citizenship unless the person is changing voter registration from
one county to another.
H. For the purposes of this section, proof of voter
registration from another state or county is not satisfactory evidence of
citizenship.
I. A person who modifies voter registration records with
a new residence ballot shall not be required to submit evidence of
citizenship. After citizenship has been demonstrated to the county recorder,
the person is not required to resubmit satisfactory evidence of citizenship in
that county.
J. After a person has submitted satisfactory evidence of
citizenship, the county recorder shall indicate this information in the
person's permanent voter file. After two years the county recorder may destroy
all documents that were submitted as evidence of citizenship.
Sec. 3. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 16-579, Arizona Revised Statutes, is amended to read:
16-579. Procedure for obtaining ballot by elector
A. Every
qualified elector, before receiving a ballot, shall announce the elector's name
and place of residence in a clear, audible tone of voice to the election
official in charge of the signature roster or present the elector's name and
residence in writing. If
the name is found on the precinct register or the qualified elector presents a
certificate from the county recorder showing that the eLECTOR is entitled by
law to vote in the precinct, the election official in charge of the
signature roster shall comply with the following
repeat the name and
the qualified elector shall be allowed within the voting area. :
1. The elector shall present any of the following:
(a) A valid form of identification that bears the
photograph, name and address of the elector that reasonably appear to be the
same as the name and address in the precinct register, including an Arizona
driver license, an Arizona nonoperating identification license, a tribal
enrollment card or other form of tribal identification or a United States federal,
state or local government issued identification. Identification is
deemed valid unless it can be determined on its face that it has expired.
(b) Two different items that contain the name and address
of the elector that reasonably appear to be the same as the name and address in
the precinct register, including a utility bill, a bank or credit union
statement that is dated within ninety days of the date of the election, a valid
Arizona vehicle registration, an Arizona vehicle insurance card, an Indian
census card, tribal enrollment card or other form of tribal identification, a
property tax statement, a recorder's certificate, a voter registration card, a
valid United States federal, state or local government issued identification or
any mailing that is labeled as "official election material".
Identification is deemed valid unless it can be determined on its face that it
has expired.
(c) A valid form of identification that bears the
photograph, name and address of the elector except that if the address on the
identification does not reasonably appear to be the same as the address in the
precinct register or the identification is a valid United States military
identification card or a valid United States passport and does not bear an
address, the identification must be accompanied by one of the items listed in
subdivision (b) of this paragraph.
2. If the elector does not present identification that
complies with paragraph 1 of this subsection, the elector is only eligible to
vote a provisional ballot as prescribed by section 16‑584 or a
conditional provisional ballot as provided for in the secretary of state's
instruction and procedures manual adopted pursuant to section 16‑452.
B. Any qualified elector who is listed as having applied for an early ballot but who states that the elector has not voted and will not vote an early ballot for this election or surrenders the early ballot to the precinct inspector on election day shall be allowed to vote pursuant to the procedure set forth in section 16‑584.
C. Each qualified elector's name shall be numbered consecutively by the clerks and in the order of applications for ballots. The judge shall give the qualified elector only one ballot, and the elector's name shall be immediately checked on the precinct register.
D. For
precincts in which a paper signature roster is used, each qualified elector
shall sign the elector's name in the signature roster prior to before receiving a ballot,
but an inspector or judge may sign the roster for an elector who is unable to
sign because of physical disability, and in that event the name of the elector
shall be written with red ink, and no attestation or other proof shall be
necessary. The provisions of this subsection relating to signing the
signature roster shall do not apply to electors
casting a ballot using early voting procedures.
E. For precincts in which an electronic poll book system is used, each qualified elector shall sign the elector's name as prescribed in the instructions and procedures manual adopted by the secretary of state pursuant to section 16‑452 before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with the inspector's or judge's attestation on the same signature line.
F. A person offering to vote at a special district election for which no special district register has been supplied shall sign an affidavit stating the person's address and that the person resides within the district boundaries or proposed district boundaries and swearing that the person is a qualified elector and has not already voted at the election being held.
Sec. 4. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 16-152, 16-166 and 16-579, Arizona Revised Statutes, as amended by this act, are effective only on the affirmative vote of at least three‑fourths of the members of each house of the legislature.
