Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H2/25/21 H3/9/21 S3/29/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1517
4
5 By: Representative Boyd
6 By: Senator B. Davis
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE THE VOTER INTEGRITY AND VOTER
10 REGISTRATION MODERNIZATION ACT OF 2021; TO ALLOW
11 ELECTRONIC VOTER REGISTRATION; TO AMEND ARKANSAS
12 CONSTITUTION, AMENDMENT 51; TO AMEND THE DUTIES OF
13 THE SECRETARY OF STATE; AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO CREATE THE VOTER INTEGRITY AND VOTER
18 REGISTRATION MODERNIZATION ACT OF 2021;
19 TO ALLOW ELECTRONIC VOTER REGISTRATION;
20 TO AMEND ARKANSAS CONSTITUTION, AMENDMENT
21 51; AND TO AMEND THE DUTIES OF THE
22 SECRETARY OF STATE.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. DO NOT CODIFY. Title.
28 This act shall be known and may be cited as the "Voter Integrity and
29 Voter Registration Modernization Act of 2021".
30
31 SECTION 2. Arkansas Constitution, Amendment 51, 5(b)(1), concerning
32 the duties of registration officials, is amended to read as follows:
33 (b)(1)(A) The Secretary of State is designated as the chief election
34 official. The Secretary shall prepare and distribute the pre-addressed
35 postcard mail voter registration application forms described in 51-6 [section
36 6] of this amendment. Mail registration application forms shall serve for
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1 purposes of initial applications to register and shall also serve for changes
2 of name, address, or party affiliation. Bilingual (Spanish/English) forms,
3 braille forms, and large print forms shall be available upon request. The
4 Secretary of State shall make the state mail voter registration application
5 form available for distribution through governmental and private entities
6 with particular emphasis on making them available for organized voter
7 registration programs. Any person may distribute state registration cards.
8 All registration cards shall be distributed to the public without charge.
9 (B) The Secretary of State shall prepare and administer
10 electronic voter registration application forms. Electronic voter
11 registration application forms may serve for purposes of initial applications
12 to register and may serve for changes of name, address, or party affiliation.
13 The system used to access the electronic voter registration application forms
14 shall be accessible without charge.
15
16 SECTION 3. Arkansas Constitution, Amendment 51, 5(e), concerning the
17 duties of registration officials, is amended to add an additional subdivision
18 to read as follows:
19 (f)(1) The Secretary of State is authorized to promulgate rules
20 including detailed specifications for the electronic voter registration
21 application forms, and the security measures for the protection of the voter
22 registration applicant information and the voter registration list.
23 (2) All rules promulgated under subdivision (f)(1) of this
24 section shall:
25 (A) Be consistent with this amendment and the laws passed
26 by the General Assembly;
27 (B) Be of uniform application across the state; and
28 (C) Follow the procedure for review and approval by the
29 General Assembly under the Arkansas Administrative Procedure Act, 25-15-201
30 et seq.
31 (3) The Secretary of State shall not promulgate emergency rules
32 under the Arkansas Administrative Procedure Act, 25-15-201 et seq., within
33 one hundred and eighty (180) days of a federal election unless approved by
34 the General Assembly or if the General Assembly is not in session, by the
35 Legislative Council.
36
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1 SECTION 4. Arkansas Constitution, Amendment 51, 6(a)(1), concerning
2 statements included on the mail voter registration application form, is
3 amended to read as follows:
4 (a)(1) The mail voter registration application form and the electronic
5 voter registration application form may only require identifying information,
6 including signature or mark, an electronic signature or mark, and other
7 information, including data relating to previous registration by the
8 applicant, as is necessary to assess the applicant's eligibility and to
9 administer voter registration and other parts of the election process.
10
11 SECTION 5. Arkansas Constitution, Amendment 51, 6(a)(3)(F),
12 concerning statements included on the mail voter registration application
13 form, is amended to read as follows:
14 (F) A signature or mark, or electronic signature or mark,
15 made under penalty of perjury that the applicant meets each requirement for
16 voter registration;
17
18 SECTION 6. The introductory language of Arkansas Constitution,
19 Amendment 51, 6(a)(4), concerning statements included on the mail voter
20 registration application form, is amended to read as follows:
21 (4) The following information may be requested on the
22 registration card or electronic voter registration application form, but it
23 shall not be required:
24
25 SECTION 7. Arkansas Constitution, Amendment 51, 6(a)(5), concerning
26 statements included on the mail voter registration application form, is
27 amended to read as follows:
28 (5) The mail voter registration application form or the
29 electronic voter registration application form shall not include any a
30 requirement for notarization or other formal authentication.
31
32 SECTION 8. The introductory language of Arkansas Constitution,
33 Amendment 51, 6(a)(6), concerning statements included on the mail voter
34 registration application form, is amended to read as follows:
35 (6) The mail voter registration application form and the
36 electronic voter registration application form shall include the following
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1 questions along with boxes or other means for the applicant to check yes or
2 no in response:
3
4 SECTION 9. The introductory language of Arkansas Constitution,
5 Amendment 51, 6(a)(7), concerning statements included on the mail voter
6 registration application form, is amended to read as follows:
7 (7) The mail voter registration application form and the
8 electronic voter registration application form shall include the following
9 statements immediately following the questions asked in subdivision (a)(6) of
10 this section:
11
12 SECTION 10. Arkansas Constitution, Amendment 51, 7, concerning voter
13 registration record files, is amended to add an additional subsection to read
14 as follows:
15 (j)(1) To ensure the accuracy of the voter registration record files
16 maintained by the Secretary of State, the Secretary of State shall:
17 (A) Regularly and before each election identify registered
18 voters who are deceased by comparing the information received from the Social
19 Security Administration, including without limitation a master death file or
20 index compiled by the Social Security Administration, and assist the State
21 Board of Election Commissioners to obtain information for the purpose of
22 conducting a post-election audit if a post-election audit is conducted;
23 (B) Establish and implement a process for the verification
24 of address information submitted by a person registering to vote or by a
25 registered voter updating his or her address;
26 (C) Cooperate with other states to develop systems to
27 compare voters, voter histories, and voter registration lists to ensure the
28 accuracy of the voter registration rolls, to identify voters whose addresses
29 have changed, to prevent duplication of registration in more than one (1)
30 state, and to determine eligibility of individuals to vote in Arkansas;
31 (D) Ensure all confidential voter registration information
32 and data remains confidential and protected under state and federal law;
33 (E) Allow view-only access to the voter registration
34 record files and data to all county boards of election commissioners to carry
35 out the county board of election commissioners' election administration
36 responsibilities; and
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1 (F) Provide annual reports to the General Assembly
2 concerning the accuracy of the voter registration record files.
3 (2)(A) The Secretary of State shall promulgate rules necessary
4 to implement the requirements of this subsection under the Arkansas
5 Administrative Procedure Act, 25-15-201 et seq.
6 (B) The Secretary of State shall not promulgate emergency
7 rules under the Arkansas Administrative Procedure Act, 25-15-201 et seq.,
8 within one hundred and eighty (180) days of a federal election unless
9 approved by the General Assembly or if the General Assembly is not in
10 session, by the Legislative Council.
11
12 SECTION 11. Arkansas Constitution, Amendment 51, 8(a)(2), concerning
13 voter registration application records and reports, is amended to read as
14 follows:
15 (2) The Secretary of State shall transmit all mail voter
16 registration applications and electronic voter registration applications to
17 the appropriate permanent registrar no later than ten (10) days after the
18 date of receipt. When applications are received within five (5) days before
19 the last day of registration for an election, they must be transmitted no
20 later than five (5) days after date of receipt. If forms are received by the
21 wrong election office, they shall be forwarded to the appropriate permanent
22 registrar not later than the fifth day after receipt.
23
24 SECTION 12. The introductory language of Arkansas Constitution,
25 Amendment 51, 8(c)(1), concerning voter registration application records
26 and reports, is amended to read as follows:
27 (c)(1) The Secretary of State shall collect, maintain, and publish
28 monthly statistical data reflecting the number of new voter registration
29 applications, changes of address, name, and party affiliation, and
30 declinations received by mail, electronically, and in:
31
32 SECTION 13. Arkansas Constitution, Amendment 51, 9(c), concerning
33 the application to register to vote, is amended to add an additional
34 subdivision to read as follows:
35 (4) The permanent registrar shall register qualified applicants
36 who apply to register to vote by electronic voter registration application
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1 form if:
2 (A) The electronic voter registration application form is
3 submitted no later than thirty (30) days before the date of the election; and
4 (B) The applicant for electronic voter registration
5 provides a current valid driver's license number or the last four (4) digits
6 of the applicant's Social Security number.
7
8 SECTION 14. Arkansas Constitution, Amendment 51, 10(a), concerning
9 the transfer and change of status for a registered voter, is amended to read
10 as follows:
11 (a) Upon a change of legal residence within the county, or a change of
12 name, any registered voter may cause his or her registration to be
13 transferred to his or her new address or new name by completing and mailing a
14 federal or state mail voter registration application form, by completing an
15 electronic voter registration application form, by updating his or her
16 address at the Office of Driver Services, any state revenue office, public
17 assistance agency, disabilities agency, or other voter registration agency,
18 by signing a mailed request to the permanent registrar, giving his or her
19 present address and the address at which he or she was last registered or his
20 or her present name and the name under which he or she was last registered,
21 or by applying in person at the office of the permanent registrar.
22
23 SECTION 15. Arkansas Constitution, Amendment 51, 10(b)(1),
24 concerning the transfer and change of status for a registered voter, is
25 amended to add an additional subdivision to read as follows:
26 (E) Completing an electronic voter registration
27 application form.
28
29 SECTION 16. Arkansas Code 7-5-201(e)(1), concerning voter
30 qualification, are amended to read as follows:
31 (e)(1) A person registering to vote by mail or by electronic voter
32 registration application form and who has not previously voted in a federal
33 election in this state shall:
34 (A) Present to the election official a current and valid
35 photo identification or a copy of a current utility bill, bank statement,
36 government check, paycheck, or other government document that shows the name
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1 and address of the voter when appearing to vote in person either early or at
2 the polls on election day; or
3 (B) When voting by mail, submit with the ballot a copy of
4 a current and valid photo identification or a copy of a current utility bill,
5 bank statement, government check, paycheck, or other government document that
6 shows the name and address of the voter.
7
8 SECTION 17. Arkansas Code 7-5-201(e)(3)(E) and (F), concerning voter
9 qualification, are amended to read as follows:
10 (E) Persons who register to vote by mail or by electronic
11 voter registration application form and submit as part of the registration
12 any of the identification documents listed in subdivision (e)(1) of this
13 section; or
14 (F) Persons who register to vote by mail or using an
15 electronic voter registration application form and submit with the
16 registration either a driver's license number or at least the last four (4)
17 digits of the individual's Social Security number and with respect to whom a
18 state or local election official matches the license number or Social
19 Security number with an existing state identification record bearing the same
20 number, name, and date of birth as provided in the registration.
21
22 SECTION 18. Arkansas Code 7-5-416(b)(1)(F), concerning the counting
23 of absentee ballots, is amended to read as follows:
24 (F)(i) After the election official reads aloud from the
25 statement, the election officials shall compare the name, address, date of
26 birth, and signature of the voter's absentee application with the voter's
27 statement; and,
28 (ii)(a) for For first-time voters who registered by
29 mail, the first-time voter's identification document unless the voter
30 previously provided identification at the time of mailing the voter
31 registration application.; or
32 (b) For first time voters who registered using
33 an electronic voter registration application form, the first-time voter's
34 identification document unless the voter previously provided identification
35 at the time of electronically registering using an electronic voter
36 registration application form.
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1 (iii) If the county board of election commissioners
2 determines that the application and the voter's statement do not compare as
3 to name, address, date of birth, and signature, the absentee ballot shall not
4 be counted.
5 (iv) If a first-time voter fails to provide the
6 required identification with the absentee ballot, or at the time of mailing
7 the voter registration application, or at the time of registration using an
8 electronic voter registration application form, then the absentee
9 application, absentee ballot envelope, and voter's statement shall be placed
10 in an envelope marked provisional and the absentee ballot shall be
11 consider