Bill
Number: H.B. 2243
Petersen Floor Amendment
Reference
to: House
engrossed bill
Amendment
drafted by: Mike Hans
FLOOR
AMENDMENT EXPLANATION
1. Requires a
county recorder to cancel a person's voter registration when the county
recorder is informed and confirms that a registered person is dead, rather than
when the voter knows of the death of a registered person.
2. Requires a
county recorder to cancel a person's voter registration when the county
recorder receives:
a)
a form from the person on which the person has confirmed that the
person is not a resident of the state;
b)
a summary report from a jury commissioner or jury manager
indicating that the person has stated that the person is not a county resident;
or
c)
information and confirms that the person is not a U.S. citizen.
3. Requires a
county recorder, before canceling the voter registration of a person after
receiving a summary report form a jury commissioner or jury manager, to send
the person notice (jury summary report notice) by forwardable mail and a
postage prepaid and preaddressed return form that:
a)
requests the person confirm that the person is a county resident
and is not knowingly registered to vote in another county or state by signing
under penalty of perjury; and
b)
informs the person that failure to return the form within 35 days
will result in the person's registration being canceled.
4. Requires a
county recorder, if a registered person does not provide satisfactory evidence
within 35 days of receiving a jury summary report notice, to cancel the
person's voter registration.
5. Requires a
county recorder, before cancelling a person's voter registration after
receiving information that the person is not a U.S. citizen, to send the person
notice (citizenship notice) by forwardable mail that:
a)
states that the person's registration will be canceled in 35 days
unless the person provides satisfactory evidence of U.S. citizenship; and
b)
includes a list of documents the person may provide and a postage
prepaid and preaddressed return envelope.
6. Requires a
county recorder, if a person does not respond to a citizenship notice within 35
days, to cancel the person's voter registration and notify the county attorney
and Attorney General for possible investigation.
7. Requires
the Arizona Department of Transportation (ADOT), to furnish, without charge,
the Secretary of State (SOS) a monthly list of persons who ADOT has been
notified have been issued a driver license or the equivalent of an Arizona
nonoperating identification license in another state.
8. Requires
the SOS, within 10 days of receipt of the list from ADOT, to provide the
appropriate county recorder with a list of registered voters in that county who
have been issued a driver license or the equivalent of an Arizona nonoperating
identification license in another state.
9. Requires a
county recorder to promptly send notice by forwardable mail to each person who
has obtained a driver license or equivalent of an Arizona nonoperating license
in another state (out-of-state driver license notice) and a postage prepaid and
preaddressed return form requesting the person confirm under penalty of perjury
that the person:
a)
is an Arizona resident and is not knowingly registered to vote in
another state; or
b)
is not an Arizona resident.
10. Requires
the out-of-state driver license notice to inform the person that a failure to
return the form within 90 days will result in the person's registration being
placed in inactive status.
11. Requires a
county recorder, if a person returns the out-of-state driver license notice
within 90 days, to maintain the person's voter registration in active status.
12. Requires a
county recorder, if a person fails to return the out-of-state driver license
notice within 90 days, to place the person's registration in inactive
status.
13. Requires
the SOS, each month, to compare the statewide voter registration database to the
driver license database maintained by ADOT.
14. Requires
the SOS to notify the appropriate county recorder if a person who is registered
to vote in that county has changed the person's residence address or is not a
U.S. citizen.
15. Requires a
county recorder, each month and to the extent practicable, to compare:
a)
the county's voter registration database to the Social Security
Administration Database; and
b)
persons who are registered to vote in that county and who the
county recorder has reason to believe are not U.S. citizens and persons who are
registered to vote without satisfactory evidence of citizenship with the
Systematic Alien Verification for Entitlements Program maintained by the U.S.
Citizenship and Immigration Services to verify the person's citizenship status.
16. Requires a
county recorder, for persons who are registered to vote with satisfactory
evidence of citizenship, to compare the Electronic Verification of Vital Events
System maintained by the National Association for Public Health Statistics and
Information Systems, if accessible, with the information on the person's voter
registration file.
17. Requires a
county recorder, to the extent practicable, to review relevant city, town,
county, state and federal databases to which the county recorder has access to
confirm information obtained that requires cancellation of registrations.
18. Requires a
county recorder, after cancelling a voter registration, to send a notice by
forwardable mail informing the person:
a)
that the person's registration has been canceled;
b)
the reason for the cancellation;
c)
the qualifications of electors; and
d)
instructions on registering to vote if the person is qualified.
19. Requires
the SOS to quarterly report the following information to the Legislature:
a)
the number of deaths reported to the SOS by the Department of
Health Services, the number of voter registration cancellation notices issued
by the SOS to county recorders as a result of the reports and the number of
registrations canceled as a result of the notices;
b)
the number of persons reported to the SOS who have been issued ad
driver license or the equivalent of an Arizona nonoperating identification
license in another state, the number of out-of-state driver license notices
sent, the number of registrations that have been placed in inactive status and
the number of voter registrations that have been canceled as a result of the
notices;
c)
the number of persons who have stated on a jury questionnaire that
the person is not a U.S. citizen, the number of citizenship notices sent and
the number of registrations that have been canceled as a result of the notices;
d)
the number of persons who have stated on a jury questionnaire that
the person is not a resident of the county, the number of jury summary report
notices sent and the number of registrations that have been canceled as a
result of the notices; and
e)
the number of registrations on the inactive voter list that have
been canceled.
20. Requires a
jury questionnaire to inform a person that disqualification from jury duty as a
result of responding to the questionnaire that the person is not a resident or
U.S. citizen will result in the person's voter registration being canceled.
21. Requires a
jury commissioner or jury manager to forward, to the SOS and a county recorder,
a summary report derived from the jury questionnaire data that contains
information that indicates a person is not a U.S. citizen or does not reside in
the county.
22. Requires the
summary report to include only information necessary for a county recorder to
accurately identify a person in the voter registration database.
23. Makes
technical and confirming changes.
Page 2,
after line 46, insert:
"Sec. 2.
Section 16-165, Arizona Revised Statutes, as amended by Laws 2022, chapter 99,
section 8, is amended to read:
16-165. Causes for
cancellation; report
A. The county recorder
shall cancel a registration:
1. At the request of
the person registered.
2. When the county
recorder knows
of the death of IS
INFORMED AND CONFIRMS THAT the person registered IS DEAD.
3. If the person has
been adjudicated an incapacitated person as defined in section 14-5101.
4. When the person
registered has been convicted of a felony, and the judgment of conviction has
not been reversed or set aside. The county recorder shall cancel the
registration on receipt of notice of a felony conviction from the court or from
the secretary of state or when reported by the elector on a signed juror
questionnaire that is completed pursuant to section 21-314.
5. On production of a
certified copy of a judgment directing a cancellation to be made.
6. Promptly after the
election if the person registered has applied for a ballot pursuant to section
16-126.
7. When a person has
been on the inactive voter list and has not voted during the time periods
prescribed in section 16-166, subsection C.
8. When the county
recorder receives written information from the person registered that the
person has a change of residence within the county and the person does not
complete and return a new registration form within twenty-nine days after the
county recorder mails notification of the need to complete and return a new
registration form with current information.
9. When the county
recorder receives written information from the person registered that the
person has a change of address outside the county, including
when the county recorder either:
(a) receives
a form from the PERSON pursuant to subsection E of this section on which the
person has confirmed that the person is not a RESIDENT of this state.
(b)
receives a summarY report from the jury commissioner or jury manager pursuant
to section 21-314 indicating that the person has stated that the person is not
a resident of the county. Before the county recorder cancels a registration
pursuant to this subdivision, the county recorder SHALL SEND THE PERSON NOTICE
by forwardable mail and a postage prepaid preaddressed return form requesting
the person confirm by signing under penalty of perjury that the person IS A
resident of the county and is not knowingly registered to vote in another
county or another state. The notice shall inform the person that failure to
return the form within thirty five days will result in the person’s
registration being canceled. If the person fails to return the notice within
thirty five days the county recorder shall cancel the person’s registration.
10. When the county
recorder receives and confirms information that the person registered is not a
United States citizen.
10.
WHEN THE COUNTY RECORDER OBTAINS INFORMATION pursuant to THIS SECTION AND
CONFIRMS THAT THE PERSON REGISTERED IS NOT A UNITED STATES CITIZEN, INCLUDING
WHEN THE COUNTY RECORDER RECEIVES A SUMMARY REPORT FROM THE JURY COMMISSIONER
OR JURY MANAGER PURSUANT TO SECTION 21-314 INDICATING THAT A PERSON WHO IS
REGISTERED TO VOTE HAS STATED THAT THE PERSON IS NOT A UNITED STATES CITIZEN.
Before the county recorder cancels a registration pursuant to this paragraph,
THE COUNTY RECORDER SHALL SEND THE PERSON NOTICE by forwardable mail THAT THE
person’s REGISTRATION WILL BE CANCELED IN thirty five DAYS UNLESS THE PERSON
PROVIDES SATISFACTORY EVIDENCE of united states citizenship pursuant to section
16-166. The notice shall include a list of documents the PERSON may
provide and a postage prepaid preaddressed return envelope. IF THE PERSON
REGISTERED DOES NOT PROVIDE SATISFACTORY EVIDENCE WITHIN thirty five DAYS, THE COUNTY
RECORDER SHALL CANCEL THE REGISTRATION AND NOTIFY THE COUNTY ATTORNEY AND
ATTORNEY GENERAL FOR POSSIBLE INVESTIGATION.
B. If the county
recorder cancels a registration pursuant to subsection A, paragraph 8 of this
section, the county recorder shall send the person notice that the registration
has been canceled CANCELED and a
registration form with the information described in section 16-131, subsection
C attached to the form.
C. When proceedings in
the superior court or the United States district court result in a person being
declared incapable of taking care of himself and managing his property, and for
whom a guardian of the person and estate is appointed, result in such person
being committed as an insane person or result in a person being convicted of a
felony, the clerk of the superior court in the county in which those
proceedings occurred shall file with the secretary of state an official notice
of that fact. The secretary of state shall notify the appropriate county
recorder and the recorder shall cancel the name of the person on the
register. Such notice shall name the person covered, shall give the
person's date and place of birth if available, the person's social security
number, if available, the person's usual place of residence, the person's
address and the date of the notice, and shall be filed with the recorder of the
county where the person last resided.
D. Each month the
department of health services shall transmit to the secretary of state without
charge a record of the death of every resident of the state reported to the
department within the preceding month. This record shall include only the name
of the decedent, the decedent's date of birth, the decedent's date of death,
the decedent's social security number, if available, the decedent's usual legal
residence at the time of death and, if available, the decedent's father's name
or mother's maiden name. The secretary of state shall use the record for the sole
purpose of canceling the names of deceased persons from the statewide voter
registration database. In addition, the department of health services shall
annually provide to the secretary of state from the statewide electronic death
registration system without charge a record of all deaths of residents of this
state that are reported to the department of health services. The records
transmitted by the department of health services shall include only the name of
the decedent, the decedent's date of birth, the decedent's social security
number, if available, the decedent's usual legal residence at the time of death
and, if available, the decedent's father's name or mother's maiden name. The
secretary of state shall compare the records of deaths with the statewide voter
registration database. Public access to the records is prohibited. Use of
information from the records for purposes other than those required by this
section is prohibited. The name of each deceased person shall promptly be
canceled from the statewide voter registration database and the secretary of
state shall notify the appropriate county recorder and the recorder shall
cancel the name of the person from the register.
E.
EACH MONTH THE DEPARTMENT OF TRANSPORTATION SHALL FURNISH TO THE SECRETARY OF
STATE WITHOUT CHARGE A LIST OF PERSONS WHO THE DEPARTMENT HAS BEEN NOTIFIED
HAVE BEEN ISSUED A DRIVER LICENSE OR THE EQUIVALENT OF AN ARIZONA NONOPERATING
IDENTIFICATION LICENSE IN ANOTHER STATE. WITHIN TEN DAYS AFTER RECEIVING THE
LIST OF PERSONS FROM THE DEPARTMENT OF TRANSPORTATION, THE SECRETARY OF STATE
SHALL PROVIDE TO THE APPROPRIATE COUNTY RECORDER A LIST OF REGISTERED VOTERS IN
THAT COUNTY WHO HAVE BEEN ISSUED A DRIVER LICENSE OR THE EQUIVALENT OF AN
ARIZONA NONOPERATING IDENTIFICATION LICENSE in ANOTHER STATE. THE COUNTY
RECORDER SHALL promptly send notice by FORWARDABLE mail TO EACH person WHO HAS
OBTAINED A DRIVER LICENSE OR THE EQUIVALENT OF AN ARIZONA NONOPERATING
IDENTIFICATION LICENSE in ANOTHER STATE and a postage prepaid preaddressed return
form requesting the person confirm by signing under penalty of perjury that the
person is a resident of this state and is not knowingly registered to vote in
another state or confirm that the person is not a resident of this state. the
notice shall inform the person that failure to return the form within ninety
days will result in the person’s registration being placed in inactive status.
if the person returns the form within ninety days confirming that the person is
a resident of this state, the county recorder shall maintain the registration
in active status. if the person fails to return the form within ninety days,
the county recorder shall place the person’s registration in inactive status.
f.
EACH MONTH THE SECRETARY OF STATE SHALL COMPARE THE STATEWIDE VOTER
REGISTRATION DATABASE TO THE DRIVER LICENSE DATABASE MAINTAINED BY THE
DEPARTMENT OF TRANSPORTATION. THE SECRETARY OF STATE SHALL NOTIFY THE
APPROPRIATE COUNTY RECORDER IF A PERSON WHO IS REGISTERED TO VOTE IN THAT
COUNTY HAS CHANGED THE PERSON'S RESIDENCE ADDRESS OR IS NOT A UNITED STATES
CITIZEN.
g.
TO THE EXTENT PRACTICABLE, EACH MONTH THE COUNTY RECORDER SHALL COMPARE THE
COUNTY'S VOTER REGISTRATION DATABASE TO THE SOCIAL SECURITY ADMINISTRATION
DATABASE.
h.
TO THE EXTENT PRACTICABLE, EACH MONTH THE COUNTY RECORDER SHALL COMPARE PERSONS
WHO ARE REGISTERED TO VOTE IN THAT COUNTY AND WHO THE COUNTY RECORDER HAS
REASON TO BELIEVE ARE NOT UNITED STATES CITIZENS and persons who are registered
to vote without satisfactory evidence of citizenship as prescribed by section
16-166 WITH THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS PROGRAM
MAINTAINED BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES TO VERIFY
THE CITIZENSHIP STATUS OF THE PERSONS REGISTERED.
i.
FOR PERSONS WHO ARE REGISTERED TO VOTE WITHOUT SATISFACTORY EVIDENCE OF
CITIZENSHIP AS PRESCRIBED in SECTION 16-166, THE COUNTY RECORDER SHALL COMPARE
THE ELECTRONIC VERIFICATION OF VITAL EVENTS SYSTEM MAINTAINED BY A NATIONAL
ASSOCIATION FOR PUBLIC HEALTH STATISTICS AND INFORMATION SYSTEMS, IF
ACCESSIBLE, WITH THE INFORMATION ON THE PERSON'S VOTER REGISTRATION FILE.
j.
to the extent practicable, THE COUNTY RECORDER SHALL REVIEW RELEVANT CITY,
TOWN, COUNTY, STATE AND FEDERAL DATABASES TO WHICH THE COUNTY RECORDER HAS
ACCESS TO confirm information obtained THAT requires cancellation of
registrations pursuant to this section.
K.
after canceling a registration PURSUANT to this section, the county recorder
shall send a notice by forwardable mail informing the person that the person’s
registration has been canceled, the reason for cancellation, the qualifications
of electors pursuant to section 16-101 and instructions on registering to vote
if the person is qualified.
L.
THE SECRETARY OF STATE SHALL REPORT the following information TO THE LEGISLATURE
AT THE END OF EACH QUARTER:
1.
THE NUMBER OF DEATHS REPORTED TO THE SECRETARY OF STATE BY THE DEPARTMENT OF
HEALTH SERVICES, THE NUMBER OF VOTER REGISTRATION CANCELLATION NOTICES ISSUED
BY THE SECRETARY OF STATE TO THE COUNTY RECORDERS AS A RESULT OF THOSE REPORTS
and the number of registrations canceled as a result of those notices.
2.
the number of persons reported to the secretary of state who have been issued a
driver license or the equivAlEnt of an arizona nonoperating identification
license in another state, the number of notices sent pursuant to subsection e
of this section and the number of voter registrations that have been placed in
inactive status and the number of voter registrations that have been canceled
As a result of those notices.
3.
the number of persons who have stated on a jury QUESTIONNAIRE that the person
is not a united states citizen, the number of notices sent pursuant to
subsection a, PARAGRAPH 10 of this section and the number of registrations that
have been canceled as a result of those notices.
4.
the number of persons who have stated on a jury questionnaire that the person
is not a resident of the county, the number of notices sent pursuant to
subsection A, Paragraph 9, subdivision (b)
of this section and the number of registrations that have been canceled as a
result of those notices.
5.
The number of registrations on the inactive voter list that have been canceled
pursuant to subsection a, paragraph 7 of this section.
Sec. 3.
Section 21-314, Arizona Revised Statutes, is amended to read:
21-314. Juror questionnaire
A. The jury
commissioner or jury manager shall use a questionnaire to determine whether a
person is qualified to serve or has valid grounds to be excused or postponed
from service. The jury commissioner or jury manager may require
additional information from the person to make this determination. The
jury commissioner or jury manager may determine juror qualifications, excuses
and postponements at the same time.
B.
THE Juror questionnaire shall inform the person that disqualification from jury
duty as a result of responding to the questionnaire that the person is not a
resident or is not a united states citizen will result in the person’s voter
registration being CANCELED.
B. C. The jury commissioner
or jury manager may destroy the fully answered questionnaire ninety days after
the commissioner or manager receives it.
C. D. The juror
questionnaire may be included in the same mailing as the summons to attend the
court as a juror or the questionnaire may be mailed before the summons.
D. E. The jury commissioner
or jury manager may investigate the accuracy of the answers to the
questionnaire and may call on law enforcement agencies and the county attorney
for assistance in an investigation.
F.
THE JURY COMMISSIONER OR JURY MANAGER SHALL FORWARD TO THE SECRETARY OF STATE
AND THE COUNTY RECORDER A SUMMARY REPORT DERIVED FROM JURY QUESTIONNAIRE DATA
THAT CONTAINS INFORMATION THAT INDICATES THAT A PERSON IS NOT A UNITED STATES
CITIZEN OR DOES NOT RESIDE IN THE COUNTY. THE REPORT SHALL ONLY CONTAIN THE
INFORMATION THAT IS NECESSARY FOR THE COUNTY RECORDER TO ACCURATELY IDENTIFY
THE PERSON IN THE VOTER REGISTRATION DATABASE."
Amend title to conform