Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 441 of the Regular Session
 State of Arkansas                   As Engrossed:       S3/16/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             HOUSE BILL 1407
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 By: Representatives McClure, Wing, Achor, Andrews, Barker, Beaty Jr., Beck, Bentley, M. Berry,
 Breaux, Brooks, K. Brown, M. Brown, Burkes, Joey Carr, C. Cooper, Cozart, Evans, C. Fite, L. Fite,
 Fortner, Furman, Gazaway, Gonzales, Gramlich, Haak, Hawk, Hollowell, Jean, Ladyman, Long,
 Lundstrum, Lynch, McAlindon, McCollum, M. McElroy, McGrew, B. McKenzie, McNair, S. Meeks,
 Miller, Milligan, K. Moore, Painter, Pearce, Pilkington, Puryear, R. Scott Richardson, Richmond, Rose,
 Rye, Schulz, Steimel, Tosh, Underwood, Vaught, Womack, Wooldridge, Wooten
 By: Senators M. McKee, K. Hammer, Dees, J. Petty, Stone
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                                   For An Act To Be Entitled
                 AN ACT TO CREATE THE VOTER REGISTRATION AND SECURE
                 VOTER RECORDS ACT OF 2023; TO AMEND ARKANSAS
                 CONSTITUTION, AMENDMENT 51; TO AMEND THE LAW
                 CONCERNING AUDITS OF VOTER REGISTRATION INFORMATION;
                 TO AMEND THE DUTIES OF THE SECRETARY OF STATE; AND
                 FOR OTHER PURPOSES.
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                                               Subtitle
                         TO CREATE THE VOTER REGISTRATION AND
                         SECURE VOTER RECORDS ACT OF 2023; TO
                         AMEND ARKANSAS CONSTITUTION, AMENDMENT
                         51; AND TO AMEND THE DUTIES OF THE
                         SECRETARY OF STATE.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1. DO NOT CODIFY.           Title.
         This act shall be known and may be cited as the "Voter Registration and
 Secure Voter Records Act of 2023".
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         SECTION 2.      Arkansas Constitution, Amendment 51, § 6(a)(2), concerning
     *MLD053*                                                                    03-16-2023 12:01:17 MLD053
     As Engrossed:           S3/16/23                                                     HB1407
 voter registration forms, is amended to add additional subdivisions to read
 as follows:
                           (G)   Inform the applicant that if the voter registration
 application is being collected by a third-party voter registration
 organization, the third-party voter registration organization may be unable
 to deliver the application to the permanent registrar in the county in which
 the applicant resides before the thirty-day voter registration deadline to
 vote in the next election and that the applicant may elect to deliver the
 application in person or by mail; and
                           (H)   Inform the applicant of the process to determine if
 the application has been received by the Secretary of State.
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          SECTION 3.       Arkansas Constitution, Amendment 51, § 7, concerning voter
 registration record files, is amended to add an additional subsection to read
 as follows:
          (j)(1)     The Secretary of State shall ensure the security and accuracy
 of the statewide voter registration list.
                   (2)    To ensure the security and accuracy of the statewide voter
 registration list maintained by the Secretary of State, the Secretary of
 State shall:
                           (A)   Cooperate with other states and jurisdictions to
 compare registered voters, voter history, and voter registration lists to:
                                    (i)     Ensure the accuracy of the voter registration
 rolls;
                                    (ii)    Identify voters whose addresses have changed;
                                    (iii)    Prevent registration in more than one (1)
 state; and
                                    (iv)    Determine eligibility of individuals to vote in
 Arkansas;
                           (B)   Have the authority to utilize any services available
 to establish and implement a system for the verification of citizenship
 status for a person registering to vote;
                           (C)   Regularly and before each election identify registered
 voters who are deceased by comparing the information received from the Social
 Security Administration, including without limitation a master death file or
 index compiled by the Social Security Administration;
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     As Engrossed:    S3/16/23                                                        HB1407
                     (D)   Establish and implement a process for the verification
 of address information:
                             (i)     Submitted by a person registering to vote;
                             (ii)    Submitted by a registered voter updating his or
 her address; and
                             (iii)    Provided through undeliverable mail by the
 United States Postal Service concerning a person registering to vote or a
 registered voter;
                     (E)   Ensure all confidential voter registration information
 and data remains confidential and protected under state and federal law;
                     (F)   Allow view-only access to the voter registration
 record files and data to all county boards of election commissioners to carry
 out the county board of election commissioners' election administration
 responsibilities; and
                     (G)   Provide annual reports to the Joint Performance Review
 Committee of the General Assembly concerning the accuracy of the voter
 registration record files.
            (3)     The Secretary of State shall promulgate rules under the
 Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to:
                     (A)   Implement the requirements of this section; and
                     (B)   Ensure the security, accuracy, and integrity of the:
                             (i)     Statewide voter registration system;
                             (ii)    Supporting technologies utilized by the
 counties to maintain and record voter registration information;
                             (iii)    Secure user access requirements established by
 the Secretary of State; and
                             (iv)    Election audit logs.
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      SECTION 4.     Arkansas Constitution, Amendment 51, § 8(c)(2), concerning
 voter registration application records and reports, is amended to read as
 follows:
            (2)     Every six (6) months the Secretary of State shall compile a
 statewide report available to the public reflecting the statistical data
 collected pursuant to subsection (a) of this section. This report shall be
 submitted to the Federal Election Commission United States Election
 Assistance Commission for the national report pursuant to section (9)(a)(3)
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     As Engrossed:    S3/16/23                                                 HB1407
 of the National Voter Registration Act of 1993, United States Code 52 USC §
 20508. The state report shall also include:
                    (A)   numbers Numbers of and descriptions of the agencies,
 and the method of integrating voter registration in the agencies,
 disaggregated by agency;
                    (B)   Numbers and descriptions of the public assistance
 programs and the method of integrating voter registration, disaggregated by
 program;
                    (C)   an An assessment of the impact of the National Voter
 Registration Act of 1993, United States Code 52 USC § 20508, on the
 administration of elections; and
                    (C)(D)   recommendations Recommendations for improvements in
 procedures, forms, and other matters affected by the National Voter
 Registration Act of 1993, United States Code 52 USC § 20508.
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      SECTION 5.    Arkansas Constitution, Amendment 51, § 8(d), concerning
 voter registration application records and reports, is amended to read as
 follows:
      (d)   Every six (6) months the state-level administration of each voter
 registration agency shall issue a report to the Legislative Council and the
 Secretary of State containing:
            (1)     the The statistical and other information collected in each
 voter registration agency office, including the:
                    (A)   Number of and description of each voter registration
 agency;
                    (B)   Method of integrating voter registration in the voter
 registration agency; and
                    (C)   Total number of registration application forms
 transmitted to the Secretary of State, disaggregated by month by the voter
 registration agency;
            (2)    The statistical and other information collected in each
 public assistance agency, including the:
                    (A)   Number of and description of each voter registration
 agency;
                    (B)   Method of integrating voter registration in the voter
 registration agency; and
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     As Engrossed:       S3/16/23                                                  HB1407
                       (C)   Number of registration application forms transmitted
 to the Secretary of State, disaggregated by month by the voter registration
 agency; and
               (3)    recommendations Recommendations for improvements in
 procedures, forms, and other matters, including training.
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      SECTION 6.       Arkansas Constitution, Amendment 51, § 9(a), concerning the
 application to register to vote, is amended to add an additional subdivision
 to read as follows:
               (4)    Are citizens of the United States.
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      SECTION 7.       Arkansas Constitution, Amendment 51, § 11(a), concerning
 the cancellation of voter registration, is amended to add an additional
 subdivision to read as follows:
               (7)    Who are not citizens of the United States.
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      SECTION 8.       Arkansas Constitution, Amendment 51, § 11(f), concerning
 the cancellation of voter registration, is amended to read as follows:
      (f)   Within ten (10) days following the receipt or possession of
 information requiring any cancellation of registration, other than under
 section 11(a)(1) of this amendment, the permanent registrar shall cancel the
 registration, and note the date of the cancellation, the reason for the
 cancellation, and the person cancelling the registration in the voter
 registration system.
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      SECTION 9.       Arkansas Constitution, Amendment 51, § 13(b)(1)(A)(i)(a),
 concerning fail-safe voting and verification of voter registration, is
 amended to read as follows:
                                   (a)   Shows the legal name of the person to whom
 the document or identification card was issued;
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      SECTION 10.       Arkansas Constitution, Amendment 51, § 13(b)(1)(A)(i)(c),
 concerning fail-safe voting and verification of voter registration, is
 amended to read as follows:
                                   (c)   Is issued by the United States, the State
 of Arkansas, or an accredited postsecondary educational institution in the
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     As Engrossed:       S3/16/23                                                 HB1407
 State of Arkansas, or a trade school in the State of Arkansas; and
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      SECTION 11.       Arkansas Constitution, Amendment 51, § 13(b)(8)(C),
 concerning fail-safe voting and verification of voter registration, is
 amended to read as follows:
                       (C)   The prosecuting attorney or a state entity authorized
 by the General Assembly may investigate possible voter fraud.
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      SECTION 12.       Arkansas Constitution, Amendment 51, § 15(b), concerning
 penalties for violations of the voter registration laws, is amended to read
 as follows:
      (b)   Any public official, or election official, or public employee who
 wilfully violates any provision of this amendment shall be guilty of a
 misdemeanor, and upon conviction thereof shall also be removed from such
 office or position.
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      SECTION 13.       Arkansas Code § 7-4-121, concerning election audits by the
 State Board of Election Commissioners, is amended to add an additional
 subdivision to read as follows:
      (c)(1)     An audit shall be performed by the State Board of Election
 Commissioners of the voter registration data to ensure voter registration
 data is accurate and up to date.
               (2)    The audit shall be performed annually by December 31.
               (3)    The results of the audit shall be made publicly available on
 the State Board of Election Commissioner's website.
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                                       /s/McClure
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                                    APPROVED: 4/4/23
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Statutes affected: 
Old version HB1407 V2 - 3-16-2023 12:01 PM: 7-4-121
HB 1407: 7-4-121
Act 441: 7-4-121