HB2243 - 552R - Senate Fact Sheet

ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2243

voter registration; state residency; cancellation

Purpose

Requires a county recorder to cancel the voter registration of a person for whom the county recorder receives and confirms information that the person is not a U.S. citizen, is not an Arizona resident or has been issued a driver license or nonoperating license in another state. Outlines notice requirements prior to cancelling a person's voter registration. Requires the Secretary of State (SOS) and a county recorder to compare the voter registration database with prescribed databases.

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).

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).

A county recorder must cancel a person's voter registration in certain circumstances, including when a county recorder knows of the death of a registered person and when the county recorder receives written information from the person registered that the person has a change of address outside of the county. Each month, the Department of Health Services (DHS) must provide the SOS with a record of death of every Arizona resident. The SOS must compare the record of death with the voter registration database and cancel the registration of each deceased person (A.R.S. § 16-165).

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

Provisions

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 state 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 cancelled.

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 cancelled 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 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 DHS, 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 cancelled 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 cancelled 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 cancelled 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 cancelled as a result of the notices; and

e) the number of registrations on the inactive voter list that have been cancelled

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 cancelled.

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. Requires the voter registration form to include a statement that if the registrant permanently moves to another state after registering to vote in Arizona, the registrant's voter registration will be canceled.

24. Makes technical and confirming changes.

25. Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

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 state that the person is not a county resident; or

c) information and confirms that the person is not a U.S. citizen.

c) 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

d) informs the person that failure to return the form within 35 days will result in the person's registration being cancelled.

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.

a) states that the person's registration will be cancelled 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.

7. Requires the ADOT, to furnish, without charge, the 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.