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REFERENCE TITLE: automatic voter registration; same day |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2801 |
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Introduced by Representatives Terán: Andrade, Blanc, Bolding, Cano, Chávez, DeGrazia, Engel, Espinoza, Fernandez, Friese, Gabaldón, Hernandez A, Hernandez D, Jermaine, Longdon, Meza, Pawlik, Peten, Powers Hannley, Rodriguez, Salman, Shah, Sierra, Teller, Tsosie
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AN ACT
amending title 16, chapter 1, article 1, Arizona Revised Statutes, by adding section 16‑106; amending section 16‑112, Arizona Revised Statutes; relating to qualification and registration of electors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 16‑106, to read:
16-106. Registration on election day and preceding twenty‑eight days; provisional ballot; qualifying elections
A. Notwithstanding any other law and except as provided in subsection B of this section:
1. A person who is otherwise qualified to register to vote may register during the twenty-eight days immediately preceding an election and is eligible to vote in that election if the person has been a resident of the county and the precinct in which the person resides for at least twenty-nine days immediately preceding the election, and The person completes a registration form as provided in section 16-152.
2. A person who is otherwise qualified to register to vote may register on election day by appearing at the polling place for the precinct in which that person maintains the person's residence, completing a registration form as provided in section 16-152 and providing proof of residence.
3. A person who registers to vote pursuant to this section may vote on election day or in the twenty-eight days immediately preceding that election only with a provisional ballot as prescribed in section 16‑584 and may vote as otherwise provided by law for any election held at least twenty‑nine days after the election day for which the person registered.
B. Registration pursuant to this section qualifies the person to vote only for candidates for federal offices, including presidential electors, statewide and countywide offices and the legislature but does not qualify a person to vote in a partisan primary election.
C. The secretary of state and county officers in charge of elections shall promptly implement this section.
Sec. 2. Section 16-112, Arizona Revised Statutes, is amended to read:
16-112. Driver license voter registration
A. Every person who is applying for a driver license or renewal, including a nonoperating identification license or renewal issued pursuant to title 28, chapter 8, or who is making changes to license information and who is otherwise qualified to register to vote shall, at the same time and place, be permitted to register to vote shall be registered to vote automatically on completion of the application for the license or renewal or submitting the changes and by providing the information prescribed by section 16‑152. The method used to register voters shall require only the minimum information necessary to prevent duplicate registrations, to enable elections officials to determine voter eligibility and to administer voter registration and election laws. A registration form shall be included for a person who is applying for a driver license renewal by mail, including a nonoperating identification license, or who is making changes to license information by mail. On completion of a form that contains at least the information prescribed by section 16‑121.01, subsection A and that may contain the information prescribed by section 16‑152, and on receipt of that form by the county recorder from the department of transportation as prescribed by subsection D of this section and if the person does not decline to be registered to vote within twenty‑one calendar days after issuance of notice of the process to decline, the applicant is presumed to be properly registered to vote. That presumption may be rebutted as provided in section 16-121.01, subsection B.
B. The director of the department of transportation and the secretary of state shall consult at least every two years regarding voter registration at driver license offices. The director of the department of transportation and the secretary of state shall, after consultation with all county recorders, shall adopt rules to implement a system permitting allowing driver license applicants, including nonoperating identification license applicants and persons who are making changes to license information, to register to vote at the same time and place as they apply for driver licenses, including nonoperating identification licenses, and to implement the automatic voter registration of applicants. The system shall provide for the county recorder on receipt of the registration information from the department of transportation to notify the person of the process to decline to register to vote and that if the person does not decline to register to vote within twenty-one calendar days after the county recorder issues the notification, and the person otherwise is eligible to register to vote, the person is presumed to be properly registered to vote. Such The rules shall:
1. Bring the license application and voter registration application forms into substantial conformity.
2. Permit Allow the transfer of driver license applications, including nonoperating identification license applications and renewal, and change of address and other license information changes, and voter registration information from the department of transportation to the voter registration rolls.
3. Respect all rules and statutes of this state concerning the confidentiality of driver license application information.
4. Provide for the manual or electronic generation and transmittal of voter registrations and provide for electronic generation of changes in voter registration information, including address, in conformity with the confidentiality requirements of the national voter registration act of 1993 (P.L. 103‑31; 107 Stat. 77; 42 52 United States Code section 394 sections 20501 through 20511).
C. The department of transportation shall provide to applicants a statement that provides each eligibility requirement for voting, including citizenship, an attestation that the applicant meets each requirement, for the signature of the applicant under penalty of perjury and, in print that is identical to that used in the attestation, the following:
1. A description of the penalties provided by law for the submission of a false voter registration application.
2. A statement that if an applicant declines to register to vote the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.
3. A statement that if an applicant does register to vote the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
D. The department of transportation shall return or mail completed registrations to the county recorder of the county in which the applicant resides within five days after receipt of a completed registration.
E. A person who is not qualified to register to vote and who unknowingly registers under this section is not guilty of false registration or false swearing as prescribed by section 16‑182 or 16‑184.
Sec. 3. Effective date
This act is effective from and after December 31, 2020.