HB2830 - 551R - Senate Fact Sheet

Purpose

Requires the Arizona Game and Fish Department (AZGFD) and Department of Public Safety (DPS) to provide a person with the opportunity to register to vote when the person applies for a hunting, fishing or trapping license or concealed weapons permit. Outlines requirements for voter registration by AZGFD and DPS.

Background

An Arizona resident is qualified to register to vote if the person: 1) is a U.S. citizen; 2) will be at least 18 years old by the date of the next regular general election; 3) will have been a resident for 29 days before the next election; 4) is able to write the person's name or mark, unless prevented by physical disability; 5) has not been convicted of treason or felony, unless restored to civil rights; and 6) has not been adjudicated an incapacitated person (A.R.S. § 16-101). In order to vote in an election, a person's registration must be received by the county recorder or recorder's designee by midnight of the 29th day before the election (A.R.S. § 16-120).

Every person who applies for a driver license or renewal must be allowed to register to vote at the same time and place if the person is otherwise qualified to register to vote. An applicant is presumed to be properly registered to vote on completion of a registration form that meets statutory requirements and on receipt of the form by the county recorder. The Director of the Arizona Department of Transportation (ADOT) and the Secretary of State (SOS) must consult at least every two years regarding voter registration at driver license offices. ADOT must provide applicants with a statement that provides each eligibility requirement for voting and an attestation that the applicant meets each requirement, which must be signed by the applicant under penalty of perjury (A.R.S. § 16-112).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires AZGFD and DPS to provide a person who will be 18 years old within the following six months with the opportunity to register to vote when the person applies for or renews a hunting, fishing or trapping license or concealed weapons permit.

2. Deems an AZGFD hunting, fishing or trapping license application and DPS concealed weapons permit application to serve as an application to register to vote unless the person checks the "No" box on the application or does not provide a second signature for the purposes of registering to vote.

3. Deems a form or application as indicating a declination to register to vote if the person indicates "No" on the statement form or does not sign the voter registration application.

4. Requires AZGFD to provide hunting, fishing or trapping license applicants and DPS to provide concealed weapons permit applicants with a statement form stating:

If you are not registered to vote where you live now, would you like to apply to register to vote here today?

( ) Yes ( ) No

If you do not check either box, you will be considered to have decided to register to vote.

5. Requires the statement form to include a statement indicating each eligibility requirement for voting, including:

a) citizenship;

b) an attestation that the applicant meets each requirement;

c) the applicant's signature under penalty of perjury;

d) a description of the statutory penalties for submitting a false voter registration application;

e) a statement that if the applicant declines to register to vote, the fact that the applicant has declined will remain confidential and be used only for voter registration purposes; and

f) a statement that if the applicant registers to vote, the office at which the applicant submits a voter registration application will remain confidential and be used only for voter registration purposes.

6. Requires the SOS to cooperate with AZGFD and DPS to:

a) determine how to retain declination forms; and

b) create one or more forms and any procedures required to implement voter registration requirements of AZGFD and DPS.

7. Exempts declination forms from public records requirements and allows declination forms to be disclosed only for voter registration purposes.

8. Prohibits the form created by the SOS with AZGFD and DPS from requiring the applicant to duplicate any information contained in the application for the hunting, fishing or trapping license or concealed weapons permit other than the second signature.

9. Requires the form created by the SOS with AZGFD and DPS to include information regarding the statutory requirements for proper voter registration.

10. Prohibits the voter registration information generated by AZGFD and DPS that is otherwise public information from providing any public indication of the source of the registrations.

11. Prohibits a person who is a license dealer for AZGFD or who receives an application for a hunting, fishing or trapping license application for AZGFD or a concealed weapon permit from DPS from:

a) seeking to influence the applicant's political preference;

b) displaying any indicator of political preference or party on the person's body;

c) making any statement to an applicant or taking any action that has the purpose or effect of discouraging the applicant from applying to register to vote; or

d) making any statement to an applicant or taking any action that has the purpose or effect of leading the applicant to believe that a decision to apply to register or not register to vote has any bearing on the availability of services or benefits from AZGFD or DPS.

12. Requires AZGFD and DPS to accept completed voter registration forms and transmit the completed forms to the SOS daily.

13. Requires the SOS to forward the application to the appropriate county recorder to determine the applicant's eligibility and add the applicant's name to the voter registration rolls if the person is determined to be eligible.

14. Asserts that persons from AZGFD and DPS that accept a completed voter registration form are not considered to be deputy registrars.

15. Defines department, license and permit.

16. Becomes effective on the general effective date.