voter registration; cancellations; causes
State of Arizona
House of Representatives
Second Regular Session
HOUSE BILL 2617
amending sections 16-165 and 21-314, Arizona Revised Statutes; relating to voter registration.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-165, Arizona Revised Statutes, 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.
10. When the county recorder receives and confirms information that the person registered:
(a) Is not a united states citizen, INCLUDING when the county recorder receives a juror questionnaire pursuant to section 21-314 on which a person who is registered to vote has stated that the person is not a United States citizen.
(b) Has been issued a driver license or the equivalent of an Arizona nonoperating identification license from another state. The department of transportation shall furnish monthly to the secretary of state a list of persons who 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 from another state.
(c) is otherwise not a qualified elector as prescribed by section 16-101 if the county recorder confirms the information that provides the basis for determining that the person is not a qualified elector.
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 cancelled canceled and a registration form with the information described in section 16-131, subsection C attached to the form.
C. Before the county RECORDER cancels a registration:
1. Pursuant to subsection A, paragraph 10, subdivision (a) of this section, the county recorder shall send the person notice that the registration will be canceled in ninety days unless the person provides satisfactory evidence that the person is qualified. If the person registered does not provide satisfactory evidence within ninety days, the county recorder shall cancel the registration and notify the county attorney and attorney general for possible investigation.
2. Pursuant to subsection A, paragraph 10, SUBDIVISION (b) of this section, the county recorder shall send notice that the registration will be canceled in ninety days unless the person PROVIDES satisfactory evidence that the person is qualified. The county recorder shall include in the notice the reason for the cancellation and shall send it to both of the following:
(a) The address in the person's voter registration file.
(b) The address shown in the department of transportation's records from the ISSUANCE of a driver LICENSE or other state-issued IDENTIFICATION in another state.
C. D. 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. E. 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.
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 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 by 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. THE COUNTY RECORDER SHALL regularly review RELEVANT CITY, town, COUNTY, STATE and FEDERAL DATABASES to which the county recorder has access TO ENSURE THAT PERSONS who are REGISTERED TO VOTE ARE QUALIFIED ELECTORS PURSUANT TO SECTION 16-101.
K. THE SECRETARY OF STATE SHALL REPORT TO THE LEGISLATURE AT THE END OF EACH QUARTER THE NUMBER OF DEATHS REPORTED TO THE SECRETARY OF STATE BY THE DEPARTMENT OF HEALTH SERVICES AND THE NUMBER OF VOTER REGISTRATION CANCELLATION NOTICES ISSUED BY THE SECRETARY OF STATE TO THE COUNTY RECORDERS AS A RESULT OF THOSE REPORTS.
Sec. 2. 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 jury commissioner or jury manager may destroy the fully answered questionnaire ninety days after the commissioner or manager receives it.
C. 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. 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.
E. THE JURY COMMISSIONER OR JURY MANAGER SHALL FORWARD TO THE SECRETARY OF STATE AND the COUNTY RECORDER A COPY OF Any jury QUESTIONNAIRE ON WHICH A person HAS INDICATED THAT the person is not a United States CITIZEN OR DOes NOT RESIDE IN THE COUNTY. The jury commissioner or jury manager shall redact from the questionnaire any information that is not necessary for the county recorder to accurately identify the person in the voter registration database.