HB2869 - 551R - I Ver

 

 

 

REFERENCE TITLE: election procedures; registrations; campaign finance

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

HB 2869

 

Introduced by

Representative Salman

 

 

AN ACT

 

amending sections 16-101 and 16-112, Arizona Revised Statutes; amending title 16, chapter 1, article 1.1, Arizona Revised Statutes, by adding sections 16-113 and 16-114; amending sections 16-120 and 16-121.01, Arizona Revised Statutes; amending title 16, chapter 1, article 2, Arizona Revised Statutes, by adding section 16-123; amending sections 16-152, 16-166 and 16-182, Arizona Revised Statutes; AMENDING title 16, chapter 4, article 1, Arizona Revised Statutes, by adding section 16-406.01; amending title 16, chapter 4, article 2, Arizona Revised Statutes, by adding section 16-414; amending sections 16-542, 16-547, 16-548 and 16-550, Arizona Revised Statutes; amending title 16, chapter 4, article 10, Arizona Revised Statutes, by adding section 16-602.01; amending sections 16-901, 16-912, 16-914, 16-917, 16-941, 16-945 and 16-951, Arizona Revised Statutes; amending title 16, chapter 6, article 2, Arizona Revised Statutes, by adding section 16-951.01; amending sections 16-953, 16-954, 16-956 and 16-961, Arizona Revised Statutes; relating to elections and electors.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section  1. Section 16-101, Arizona Revised Statutes, is amended to read:

START_STATUTE16-101. Qualifications of registrant; definition

A. Every resident of the this state is qualified to register to vote if he the resident:

1. Is a citizen of the United States.

2. Will be eighteen years of age or more on or before the date of the regular general election next following his registration.

3. Will have been Is a resident of the this state twenty-nine days next preceding the election, except as provided in section 16-126.

4. Is able to write his the resident's name or make his the resident's mark, unless prevented from so doing by physical disability.

5. Has not been convicted of treason or a felony, unless restored to civil rights.

6. Has not been adjudicated an incapacitated person as defined in section 14-5101.

B. For the purposes of this title, "resident" means an individual who has actual physical presence in this state, or for purposes of a political subdivision actual physical presence in the political subdivision, combined with an intent to remain. A temporary absence does not result in a loss of residence if the individual has an intent to return following his the individual's absence. An individual has only one residence for the purposes of this title. END_STATUTE

Sec.  2. Section 16-112, Arizona Revised Statutes, is amended to read:

START_STATUTE16-112. 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 allowed to register to vote by providing the information prescribed by section 16-152.   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, adopt rules to implement a system permitting allowing driver license applicants to register to vote at the same time and place as they apply for driver licenses.   Such The rules shall:

1. Bring the license application and voter registration application forms into substantial conformity.

2. Permit Allow 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 sections 20501 through 20511).

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.

E. ANY PERSON who reports A CHANGE OF RESIDENTIAL OR MAILING ADDRESS OR CHANGE OF NAME TO THE DEPARTMENT OF TRANSPORTATION AND WHO DID NOT PROVIDE AT THE TIME OF THE TRANSACTION A DOCUMENT DEMONSTRATING LACK OF UNITED STATES CITIZENSHIP, AT THE SAME TIME AND PLACE, SHALL BE allowed TO REGISTER TO VOTE BY PROVIDING THE INFORMATION PRESCRIBED BY SECTION 16-152. THE METHOD USED TO REGISTER TO VOTE SHALL REQUIRE ONLY THE MINIMUM INFORMATION NECESSARY TO PREVENT DUPLICATE REGISTRATION, TO ENABLE ELECTION OFFICIALS TO DETERMINE VOTER ELIGIBILITY AND TO ADMINISTER VOTER REGISTRATION AND ELECTION LAWS.END_STATUTE

Sec.  3. Title 16, chapter 1, article 1.1, Arizona Revised Statutes, is amended by adding sections 16-113 and 16-114, to read:

START_STATUTE16-113. Secure automatic electronic voter registration; rules; designated source agencies; opt-out procedure; voter education and publicity; annual report

A. FOR EVERY PERSON WHO PROVIDES PROOF OF UNITED STATES CITIZENSHIP PURSUANT TO SECTION 28-3158 OR 28-3165 AND IN COMPLIANCE WITH SECTION 16-166, DURING THE COURSE OF APPLYING FOR, RENEWING OR CORRECTING A DRIVER LICENSE OR nonoperating IDENTIFICATION license, UPDATING THE PERSON'S EXISTING RESIDENCE ADDRESS OR NAME ON FILE WITH THE DEPARTMENT OF TRANSPORTATION OR OBTAINING A DUPLICATE, REISSUANCE OR REPLACEMENT OF A driver LICENSE OR nonoperating IDENTIFICATION license, THE DEPARTMENT OF TRANSPORTATION, AT THE SAME TIME AND PLACE, SHALL ELECTRONICALLY COLLECT AND TRANSMIT VOTER REGISTRATION INFORMATION TO THE SECRETARY OF STATE FOR THE PURPOSE OF REGISTERING THE PERSON TO VOTE OR UPDATING AN EXISTING VOTER REGISTRATION RECORD.   THIS INFORMATION SHALL INCLUDE AT LEAST THE PERSON'S NAME, RESIDENCE ADDRESS OR LOCATION, DATE OF BIRTH AND SIGNATURE.   THE ELECTRONIC METHOD USED FOR COLLECTING AND TRANSMITTING VOTER REGISTRATION INFORMATION 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.   THE DEPARTMENT OF TRANSPORTATION SHALL ALSO COLLECT AND TRANSMIT ANY CHANGE OF RESIDENce OR MAILING ADDRESS OR CHANGE OF NAME INFORMATION the department RECEIVES AS PART OF A DRIVER LICENSE OR nonoperating IDENTIFICATION license TRANSACTION TO THE SECRETARY OF STATE FOR THE PURPOSE OF UPDATING THE VOTER REGISTRATION OF ALREADY REGISTERED VOTERS.   THE SYSTEM DESCRIBED IN THIS SUBSECTION SHALL BE KNOWN AS the SECURE AUTOMATIC ELECTRONIC VOTER REGISTRATION SYSTEM.     INDIVIDUALS who were NOT INCLUDED IN THE SECURE AUTOMATIC ELECTRONIC VOTER REGISTRATION SYSTEM AND WHO DID NOT PROVIDE AT THE TIME OF THE TRANSACTION A DOCUMENT DEMONSTRATING LACK OF UNITED STATES CITIZENSHIP WILL RECEIVE THE OPPORTUNITIES AND PROCESSES to REGISTER TO VOTE REQUIRED BY SECTIONS 16-112, 16-140 AND 16-141.

B. THE SECRETARY OF STATE AND DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION, AFTER CONSULTING WITH ALL COUNTY RECORDERS, SHALL ADOPT RULES TO IMPLEMENT A SECURE AUTOMATIC ELECTRONIC VOTER REGISTRATION SYSTEM THAT COLLECTS AND TRANSMITS VOTER REGISTRATION INFORMATION FOR PERSONS IDENTIFIED IN THIS SECTION TO THE SECRETARY OF STATE.   The RULES SHALL ALLOW THE ELECTRONIC TRANSFER OF DRIVER LICENSE AND nonoperating IDENTIFICATION license APPLICATIONS, INCLUDING RENEWAL AND CHANGE OF ADDRESS, AND VOTER REGISTRATION INFORMATION FROM THE DEPARTMENT OF TRANSPORTATION TO THE VOTER REGISTRATION ROLLS, IN CONFORMITY WITH THE CONFIDENTIALITY REQUIREMENTS OF THE NATIONAL VOTER REGISTRATION ACT OF 1993 (P.L. 103-31; 107 STAT. 77; 52 UNITED STATES CODE SECTIONs 20501 THROUGH 20511).

C. THE SECRETARY OF STATE SHALL EVALUATE IMPLEMENTATION OF A SECURE AUTOMATIC ELECTRONIC VOTER REGISTRATION SYSTEM AT OTHER AGENCIES, INCLUDING, AT A MINIMUM, THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION.   THE SECRETARY of state MAY DESIGNATE AN AGENCY AS A SOURCE AGENCY IF AS DETERMINED BY THE SECRETARY OF STATE, THE AGENCY IS ABLE TO COLLECT AND TRANSMIT THE VOTER REGISTRATION INFORMATION LISTED IN SUBSECTION A OF THIS SECTION.   THE SECRETARY OF STATE SHALL CONSULT WITH THE HEADS OF OTHER AGENCIES AND ALL COUNTY RECORDERS BEFORE DESIGNATING AN AGENCY AS A SOURCE AGENCY.   THIS SECTION DOES NOT ALTER ANY FEDERAL PRIVACY LAWS THAT APPLY TO HEALTH RECORDS.

D. ANY SOURCE AGENCY SHALL ACCEPT TRIBAL IDENTIFICATION NUMBERS AND NONTRADITIONAL RESIDENTIAL ADDRESSES, INCLUDING ADDRESSES THAT CAN BE IDENTIFIED BY MILE MARKERS OR GEOGRAPHIC OR OTHER IDENTIFYING FEATURES.   ANY SOURCE AGENCY SHALL ATTAIN THE CAPABILITY OF COLLECTING AND TRANSMITTING THIS INFORMATION WITHIN THREE MONTHS AFTER BEING DESIGNATED.

E. ANY SOURCE AGENCY SHALL ACCEPT DIGITAL OR ELECTRONIC IMAGES OF SIGNATURES OR HAVE THE ABILITY TO CONVERT SIGNATURES INTO ELECTRONIC IMAGES OF SIGNATURES SO THAT THE SIGNATURE CAN BE USED BY A COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS TO CONDUCT A SIGNATURE MATCH OR OTHER VERIFICATION REQUIRED BY LAW. ANY AGENCY THAT IS DESIGNATED PURSUANT TO SUBSECTION C OF THIS SECTION SHALL ATTAIN THE CAPABILITY OF COLLECTING AND TRANSMITTING THIS INFORMATION WITHIN THREE MONTHS AFTER BEING DESIGNATED AS A SOURCE AGENCY.

F. IF AN AGENCY HAS BEEN DESIGNATED BY THE SECRETARY OF STATE AS A SOURCE AGENCY, THE AGENCY MAY NOT LOSE ITS STATUS AS A SOURCE AGENCY.

G. EACH SOURCE AGENCY SHALL TRANSMIT VOTER REGISTRATION INFORMATION TO THE SECRETARY OF STATE ON THE SAME DAY IT IS RECEIVED BY THE AGENCY.

H. IF THE SECRETARY OF STATE RECEIVES VOTER REGISTRATION INFORMATION FROM A SOURCE AGENCY, THE SECRETARY OF STATE SHALL PROMPTLY TRANSMIT THE INFORMATION TO THE APPROPRIATE COUNTY RECORDER. THE SECRETARY OF STATE MAY NOT TRANSMIT INFORMATION FOR ANY INDIVIDUAL ENROLLED IN THE ADDRESS CONFIDENTIALITY PROGRAM, OR ANY INDIVIDUAL FOR WHOM THE SECRETARY OF STATE HAS INFORMATION INDICATING THAT THE INDIVIDUAL IS DISQUALIFIED FROM REGISTERING TO VOTE, INCLUDING INDIVIDUALS WHO ARE IDENTIFIED PURSUANT TO THE REQUIREMENTS OF THE HELP AMERICA VOTE ACT of 2002 (P.L. 107-252; 116 Stat. 1666; 52 UNITED STATES CODE section 21083 AS DISQUALIFIED DUE TO FELONY CONVICTION AND WHOSE CIVIL RIGHTS HAVE NOT BEEN RESTORED.   IN ADDITION, FOR ANY CHANGE OF RESIDENCE OR MAILING ADDRESS OR CHANGE OF NAME INFORMATION RECEIVED BY THE SECRETARY OF STATE UNDER THE PROCESS ESTABLISHED BY THIS section for which THE PERSON HAS NOT PROVIDED PROOF OF UNITED STATES CITIZENSHIP TO THE SOURCE AGENCY, THE SECRETARY OF STATE SHALL TRANSMIT NOTICE OF THE CHANGE OF NAME OR ADDRESS TO THE APPROPRIATE COUNTY RECORDER ONLY IF THE INFORMATION IS FOR A PERSON WHO IS ALREADY REGISTERED TO VOTE.   ON RECEIPT OF VOTER REGISTRATION INFORMATION FROM THE SECRETARY OF STATE, A COUNTY RECORDER SHALL:

1. FOR EACH PERSON WHOSE INFORMATION HAS BEEN TRANSMITTED, DETERMINE THAT THE PERSON IS ONE OF THE FOLLOWING:

(a) ALREADY REGISTERED AT THE CURRENT ADDRESS AND WITH the person's CURRENT NAME.

(b) ALREADY REGISTERED AND REQUIRES AN ADDRESS OR NAME UPDATE REGARDLESS OF THE COUNTY IN WHICH THE PERSON IS CURRENTLY REGISTERED.

(c) NOT REGISTERED, AND THE INFORMATION RECEIVED INCLUDES AT LEAST THE INFORMATION LISTED IN SECTION 16-121.01, SUBSECTION A. A person as prescribed in this subdivision IS AN ELIGIBLE PERSON.

2. FOR EACH ELIGIBLE PERSON prescribed by paragraph 1, SUBDIVISION (c) of this subsection OR PERSON WITH UPDATED REGISTRATION INFORMATION, ENTER THE NEW REGISTRATION OR UPDATED INFORMATION ON THE REGISTRATION LISTS.   PENDING NOTIFICATION OF THE PERSON, THE EFFECTIVE DATE OF THE REGISTRATION OR UPDATE IS THE DATE THE SOURCE AGENCY RECEIVED THE INFORMATION.

3. FOR EACH ELIGIBLE PERSON OR PERSON WITH UPDATED REGISTRATION INFORMATION, MAIL TO THE PERSON A NONFORWARDABLE NOTICE THAT THE PERSON'S VOTER REGISTRATION OR REGISTRATION UPDATE IS PENDING AND A POSTAGE PAID PREADDRESSED RETURN FORM.   A NOTICE TO AN ELIGIBLE PERSON MUST INCLUDE AN EXPLANATION OF THE ELIGIBILITY REQUIREMENTS TO REGISTER TO VOTE AND A STATEMENT THAT, IF THE PERSON IS NOT ELIGIBLE, THE PERSON SHOULD DECLINE TO REGISTER USING THE PREADDRESSED RETURN FORM. THE NOTICE MUST ALSO STATE THE PENALTIES FOR SUBMITTING A FALSE APPLICATION.   A NOTICE TO AN ELIGIBLE PERSON MUST ALSO INCLUDE A STATEMENT THAT, IF THE PERSON DECLINES TO REGISTER TO VOTE, THE FACT THAT THE PERSON HAS DECLINED WILL REMAIN CONFIDENTIAL AND WILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES, AND A STATEMENT THAT, IF THE PERSON REGISTERS TO VOTE, THE OFFICE AT WHICH THE PERSON WAS REGISTERED WILL REMAIN CONFIDENTIAL AND WILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES.   THE RETURN FORM must:

(a) PROVIDE A MECHANISM FOR A PERSON TO DECLINE TO BE REGISTERED AS AN ELECTOR OR UPDATE THE PERSON'S REGISTRATION.

(b