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REFERENCE TITLE: automatic voter registration. |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1297 |
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Introduced by Senators Marsh: Alston, Fernandez, Gabaldón, Gonzales, Mendez, Sundareshan, Terán
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An Act
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. 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, at the same time and place, shall be allowed to register to vote shall be registered to vote automatically on completing 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 completing a form that contains at least the information prescribed by section 16-121.01 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.
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, after consultation with all county recorders, shall adopt rules to implement a system 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, 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. The rules shall:
1. Bring the license application and voter registration application forms into substantial conformity.
2. 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; 52 United States Code 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. 2. Effective date
This act is effective from and after December 31, 2023.