PREFILED    DEC 03 2021

REFERENCE TITLE: federal ballot voters; identification

 

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

SCR 1005

 

Introduced by

Senator Townsend

 

 

A CONCURRENT RESOLUTION

 

enacting and ordering the submission to the people of a measure relating to conduct of elections.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to conduct of elections, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:

AN ACT

amending section 16-579, Arizona Revised Statutes; relating to conduct of elections.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 16-579, Arizona Revised Statutes, is amended to read:

START_STATUTE16-579. Procedure for obtaining ballot by elector

A. Every qualified elector, before receiving a ballot, shall announce the elector's name and place of residence in a clear, audible tone of voice to the election official in charge of the signature roster or present the elector's name and residence in writing.  The election official in charge of the signature roster shall comply with the following and the qualified elector shall be allowed within the voting area:

1. The elector shall present any of the following:

(a) A valid form of identification that bears the photograph, name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including an Arizona driver license, an Arizona nonoperating identification license, a tribal enrollment card or other form of tribal identification or a United States federal, state or local government issued identification.  Identification is deemed valid unless it can be determined on its face that it has expired.

(b) Two different items that contain the name and address of the elector that reasonably appear to be the same as the name and address in the precinct register, including a utility bill, a bank or credit union statement that is dated within ninety days of the date of the election, a valid Arizona vehicle registration, an Arizona vehicle insurance card, an Indian census card, tribal enrollment card or other form of tribal identification, a property tax statement, a recorder's certificate, a voter registration card, a valid United States federal, state or local government issued identification or any mailing that is labeled as "official election material".  Identification is deemed valid unless it can be determined on its face that it has expired.

(c) A valid form of identification that bears the photograph, name and address of the elector except that if the address on the identification does not reasonably appear to be the same as the address in the precinct register or the identification is a valid United States military identification card or a valid United States passport and does not bear an address, the identification must be accompanied by one of the items listed in subdivision (b) of this paragraph.

2. If the elector does not present identification that complies with paragraph 1 of this subsection, the elector is only eligible to vote a provisional ballot as prescribed by section 16-584 or a conditional provisional ballot as provided for in the secretary of state's instruction and procedures manual adopted pursuant to section 16-452.

B. Any qualified elector who is listed as having applied for an early ballot but who states that the elector has not voted and will not vote an early ballot for this election or surrenders the early ballot to the precinct inspector on election day shall be allowed to vote pursuant to the procedure set forth in section 16-584.

C. An elector who registered to vote using a federal voter registration form and who has not provided proof of citizenship to the county recorder as prescribed in section 16-166 may not receive a ballot unless the elector provides identification as prescribed in subsection A of this section and provides proof of citizenship by presenting one of the FOLLOWING:

1. the elector's driver license or nonoperating identification license issued after October 1, 1996 by the department of transportation or the equivalent governmental agency of another state within the United States if the agency indicates on the elector's driver license or nonoperating identification license that the person has provided satisfactory proof of United States citizenship.

2. the elector's birth certificate that verifies citizenship.

3. the elector's United States passport.

4. The elector's United States naturalization documents or the certificate of naturalization. 

5. Other documents or methods of proof that are established pursuant to the immigration reform and control act of 1986.

6. The elector's bureau of Indian affairs card number, tribal treaty card number or tribal enrollment number.

C. D. Each qualified elector's name shall be numbered consecutively by the clerks and in the order of applications for ballots.  The judge shall give the qualified elector only one ballot and a ballot privacy folder, and the elector's name shall be immediately checked on the precinct register.  Notwithstanding any provision of this paragraph subsection, no voter an elector shall not be required to accept or use a ballot privacy folder.

D. E. For precincts in which a paper signature roster is used, each qualified elector shall sign the elector's name in the signature roster before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with red ink, and no attestation or other proof shall be necessary. The provisions of this subsection relating to signing the signature roster shall do not apply to electors casting a ballot using early voting procedures.

E. F. For precincts in which an electronic poll book system is used, each qualified elector shall sign the elector's name as prescribed in the instructions and procedures manual adopted by the secretary of state pursuant to section 16-452 before receiving a ballot, but an inspector or judge may sign the roster for an elector who is unable to sign because of physical disability, and in that event the name of the elector shall be written with the inspector's or judge's attestation on the same signature line.

F. G. A person offering to vote at a special district election for which no special district register has been supplied shall sign an affidavit stating the person's address and that the person resides within the district boundaries or proposed district boundaries and swearing that the person is a qualified elector and has not already voted at the election being held. END_STATUTE

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.