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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
registration database; federal voters; report
Purpose
Requires the Secretary of State (SOS) to provide access to the statewide voter registration database to a legislative designee and the Attorney General's (AG) election integrity unit to assess compliance with federal laws regarding voters who are registered as eligible to vote only for federal offices (federal-only voters). Requires county recorders to annually report information to the Legislature regarding federal-only voters. Requires the AG and the county attorney to investigate and prosecute, as appropriate, persons who knowingly register to vote when ineligible.
Background
To be eligible
to vote in Arizona the registrant must be a citizen of the United States
(A.R.S. § 16-101).
According to the Elections Procedures Manual (EPM), failure to submit valid
proof of citizenship with a voter registration form will result in the elector
only being eligible to vote for federal offices based on the registrant's sworn
statement that the registrant is a U.S. citizen. The elector may provide valid proof of citizenship to the appropriate
county recorder’s office to become eligible to vote a full ballot in all
federal, state, county and local elections (EPM Ch. 1 (II)(A)(4)).
Each county recorder must regularly report to the SOS and post on the county recorder's website the number of persons who are registered to vote using the federal or state voter registration form and post the number of ballots cast by federal-only voters after each general election (A.R.S. § 16-161).
The SOS must
develop and administer a statewide voter registration database that contains
the name and registration information of every registered voter in Arizona. The
database must:
1) include a unique identifier for each voter; 2) allow access to voter
registration officials; and
3) allow expedited entry of voter registration information once received by
county recorders. The SOS is responsible for maintaining the database including
removal of ineligible voters consistent with federal code (A.R.S.
§ 16-168).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the SOS to provide access to the statewide voter registration database to a legislative designee and the AG's election integrity unit to determine whether the SOS's voter registration list maintenance procedures comply with federal law regarding federal-only voters.
2. Requires the legislative designee to be qualified in more than one state to analyze a state's voter registration rolls for compliance with federal law regarding voter registration list maintenance procedures.
3. Requires the legislative designee, after completing its analysis, to report the findings to the President of the Senate, the Speaker of the House of Representatives, the AG and the SOS.
4. Requires, if an analysis determines that there are ineligible persons registered to vote, the:
a) SOS to notify the appropriate county recorder; and
b) county recorder to remove ineligible persons from the voter registration rolls.
5. Requires each county recorder to submit an annual report regarding federal-only voters to the Speaker of the House of Representatives and the President of the Senate containing:
a) a description of the county recorder's voter registration procedures for federal-only-voters;
b) the number of eligible federal-only voters in that county;
c) the number of voters with verified citizenship whose status has changed to eligible full-ballot voters;
d) a comprehensive description of the obstacles to obtaining voter registrants' statutorily required documentary proof of citizenship and to changing the voter's status to full-ballot voters; and
e) the number of those voters determined ineligible to vote in Arizona and who have been removed from the voter registration rolls.
6. Requires the AG and the county attorney to investigate and prosecute, as appropriate, any person who is ineligible to register to vote and who knowingly registers to vote.
7. Makes technical changes.
8. Becomes effective on the general effective date.
Prepared by Senate Research
January 19, 2022
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