ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
federal ballot voters; identification
Purpose
Subject to voter approval, statutorily prohibits an elector who registered to vote using a federal voter registration form from receiving a ballot unless the elector provides statutorily required identification and specified documentation verifying the elector's citizenship.
Background
In order to be
eligible to vote in Arizona, a person must be a citizen of the United States (A.R.S.
16-101; Ariz. Const. art. 7,
2). A person is presumed to be properly registered to vote on completion
of a registration form that contains certain identifying information and a
checkmark or other appropriate indicator that the person answered
"yes" to the citizenship question
(A.R.S.
16-121.01). A registrant must additionally provide documentary proof of
citizenship in order to be registered as a full-ballot voter who is entitled to
vote for federal, state, county, and local races and ballot measures. A
registrant who is otherwise eligible to vote, but who does not submit
documentary proof of citizenship, must be registered as a federal-only voter
that is only eligible to vote in races for federal offices in Arizona (EPM
Ch. 1 (II)(A)).
Acceptable documentary proof of citizenship includes: 1) the registrant's driver license or nonoperating identification license number; 2) the registrant's birth certificate; 3) a copy of the registrant's U.S. passport; 4) the registrant's U.S. naturalization documents or certificate of naturalization number; 5) the applicant's Bureau of Indian Affairs or tribal treaty card number or tribal enrollment number; or 6) other documents or methods of proof established pursuant to the Immigration Reform and Control Act of 1986 (A.R.S. 16-166). In order to receive a ballot at a polling location an elector must present: 1) a valid form of identification bearing their photograph, name and address; 2) two different items containing the name and address of the elector that is the same name and address in the precinct register; or 3) a valid form of identification that does not appear to be the same address as in the precinct register and one item containing the name and address of the elector that is the same as in the precinct register (A.R.S. 16-579).
In 2004, Arizona voters passed Proposition 200 which, in part, prohibited a county recorder from accepting any voter registration application that is not accompanied by satisfactory evidence of U.S. citizenship (Proposition 200). In 2012, the U.S. Supreme Court held that Arizona's evidence-of-citizenship requirement included in Proposition 200, as applied to the federal voter registration form, is pre-empted by the National Voter Registration Act's mandate that states accept and use the federal form (Arizona v. Inter Tribal Council of Arizona, Inc, 570 U.S. 1 (2013)).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an elector who is registered to vote using a federal voter registration form and who has not provided proof of citizenship to the county recorder from receiving a ballot unless the elector provides statutorily required identification and proof of citizenship by presenting:
a) the elector's driver license or nonoperating identification license issued after October 1, 1996, by the Arizona Department of Transportation or equivalent government agency from another state that indicates on the license that the person has provided satisfactory proof of citizenship;
b) the elector's birth certificate that verifies citizenship;
c) the elector's U.S. passport, U.S. naturalization documents or certificate of naturalization;
d) other documents or methods of proof of citizenship established pursuant to the Immigration Reform and Control Act of 1986; or
e) the elector's Bureau of Indian Affairs card number, tribal treaty card number or tribal enrollment number.
2. Makes technical and conforming changes.
3. Requires the Secretary of State to submit the proposition to the voters at the next general election.
4. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
January 20, 2022
MH/slp