16-140. Voter registration assistance agencies; definitions

A. All public assistance agencies and disabilities agencies in this state shall provide the opportunity to register to vote for those persons who apply for benefits or appear at the agency to renew, recertify or change address information.  The voter registration form shall be accompanied by a statement form that includes substantially the following:

1. The statement "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 not to register to vote at this time."

2. If the agency provides public assistance, the statement "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency."

3. The statement "If you would like help in filling out the voter registration application form, we will help you. The decision to seek or accept help is yours. You may fill out the application form in private."

4. The statement "If you believe that someone has interfered with your right to register or to decline to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the secretary of state."  This statement shall be followed by the name, address and telephone number of the secretary of state.

B. Each public assistance agency or disabilities agency shall provide to each person who applies for that agency's services the same degree of assistance for voter registration that it provides for the completion of the agency's own forms, unless that person refuses assistance. Each public assistance or disabilities agency shall accept completed registration forms from persons who receive a registration form from that office.

C. If a person indicates "no" or fails to indicate either "yes" or "no" on the form prescribed by subsection A, the form shall be deemed to indicate a declination to register to vote.  All declination forms shall be preserved as a confidential record and shall be forwarded periodically to the Arizona state library, archives and public records for retention for two years. Declination forms are exempt from title 39, chapter 1 and may be disclosed only for voter registration purposes.

D. Voter registration information that is generated pursuant to this section and that is public information as otherwise provided by law shall not provide any public indication of the source of these registrations. Registration forms may bear a unique, coded marking that does not publicly or readily disclose the voter registration agency or additional voter registration volunteer that was the source of the registration. The coded markings for a form may be translated or otherwise read only by election officials and only for purposes permitted by the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77; 42 United States Code section 394).

E. A county recorder may designate additional voter registration volunteers. These additional voter registration volunteers may provide state mail in registration forms to persons who wish to register to vote.

F. For purposes of this section, unless the context otherwise requires:

1. "Additional voter registration volunteer" means a person, group or entity that is not a public assistance or disabilities agency and that is designated by a county recorder as another voter registration provider pursuant to section 7(a)(3)(A) of the national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77; 42 United States Code section 394) and may include governmental, nonprofit or other private organizations.

2. "Disabilities agency" means all offices of an agency in this state that provide state funded programs primarily engaged in providing services to persons with disabilities.

3. "Public assistance agency" means all offices of an agency in this state that provide public assistance.