REFERENCE TITLE: automatic voter registration; database; public agencies
State of Arizona
First Regular Session
amending section 16-112, Arizona Revised Statutes; amending title 41, chapter 1, article 2, Arizona Revised Statutes, by adding section 41‑123; relating to qualification and registration of electors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-112, Arizona Revised Statutes, is amended to read:
16-112. Driver license voter registration; security; violation; classification
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 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 E 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. Beginning January 1, 2018, every person who is applying for a driver license or renewal and who is otherwise qualified to register to vote shall be registered to vote automatically on completion of the application for the license or renewal unless the applicant clearly expresses the applicant's decision not to register. The applicant shall also be offered the opportunity to register with a political party. The department of transportation shall establish and retain an electronic facsimile of all documents submitted by the applicant that provide incontrovertible proof of united states citizenship, shall designate the applicant's records as confirming citizenship and shall transmit that designation to the county recorder for the applicant's county of residence and to the secretary of state for inclusion in the statewide voter registration database.
B. C. 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, shall adopt rules to implement a system permitting driver license applicants to register to vote at the same time and place as they apply for driver licenses, to implement the automatic voter registration of applicants unless the applicant affirmatively opts out of the voter registration process and to offer the applicant the opportunity to register with a political party. Such The rules shall:
1. Bring the license application and voter registration application forms into substantial conformity.
2. Permit Require 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 for those persons who registered to vote or who modified their address, name, political party or other relevant voter registration information while registered to vote.
3. Provide for designation of a voter registration record received from the department of transportation as submitted with incontrovertible proof of citizenship.
3. 4. Respect all rules and statutes of this state concerning the confidentiality of driver license application and voter registration information.
4. 5. 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 20501).
C. D. 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.
4. A statement that the information regarding citizenship and place of birth will remain confidential and will be used only for voter registration purposes.
D. E. The department of transportation shall:
1. 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.
2. Maintain a secure, searchable, auditable database of the copied documents that provide incontrovertible proof of citizenship as prescribed by this section.
3. Establish security protocols, including worker training, access logs, risk analysis, security breach response protocols and the use of software or other products and processes to detect and prevent security breaches regarding driver license and voter registration information.
F. Any person who has lawful access to information in the statewide voter registration database, including information being transferred from some other agency to the secretary of state, and who uses that information for purposes other than performance of that person's official duties is guilty of a class 5 felony.
Sec. 2. Title 41, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 41-123, to read:
41-123. Voter registration database; security policy; state agencies; annual report
A. The secretary of state shall establish, publish and enforce a security, privacy and technology policy that does at least the following:
1. Establishes categories of internal users with levels of authorized access to voter information, with appropriate safeguards for each level of authorized access.
2. Prohibits public disclosure of social security numbers, driver license numbers, signatures and any other information not specifically required for voter registration purposes.
3. Prohibits the transfer of information to and from other agencies, including the department of transportation and voter registration assistance agencies as prescribed in section 16-140, unless required for voter registration purposes and establishes security protocols for those agencies dealing with voter registration information.
4. Prohibits disclosures regarding persons whose information is protected by federal or state law, including victims of domestic violence, law enforcement or judicial personnel or other protected persons.
5. Establishes a records retention policy that retains voter information, including information that may be used for determining the status of provisional ballots. The secretary of state shall also ensure that voter registration information for those persons determined to be ineligible to vote is maintained until at least the date of the second general election at which federal offices appear on the ballot.
B. On or before January 1, 2019, the secretary of state shall identify state agencies that may be collecting information relevant for voter registration purposes and that are not voter registration assistance agencies as prescribed in section 16-140 or are not otherwise offering persons the opportunity to register to vote. The secretary of state shall establish procedures for those agencies to provide automatic voter registration for those persons and procedures requiring transmittal of voter registrations to the statewide voter registration database, including, as appropriate, a postage prepaid mailer for those persons to complete and return in order to register to vote.
C. The secretary of state shall produce an annual report for the public and for submission to the legislature that includes the following:
1. The number of records received from other agencies and the source agency for each record.
2. The number of voters added to the voter registration rolls as a result of agency records received and the source agency for each record.
3. The number of persons who were ineligible to register to vote or who chose not to register.
4. The number of voters who revise, renew or update their voter registration information through transmittal from other agencies and the source agency for each record.