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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: FMAE DP 4-3-0-0 |
HCM 2015: proof of citizenship; voter registration
Sponsor: Representative Kolodin, LD 3
Caucus & COW
Overview
Urges Congress to pass legislation requiring the Election Assistance Commission (EAC) to provide state-specific instructions on the federal voter registration form.
History
The National Voter Registration Act (NVRA) requires states to provide voter registration opportunities through a variety of specified ways. In addition NVRA requires uniform and nondiscriminatory procedures for maintaining voter registration rolls and record keeping by election officials regarding voter rolls for a minimum of two years (52 U.S.C. Ch. 205).
Established by the Help America Vote Act of 2002 (HAVA), the EAC is an independent commission that develops guidance to meet HAVA requirements. The EAC provides resources including voluntary voting system guidelines and performs research relating to elections and election administration (EAC Website).
Provisions
1. Asserts that the purpose of the NVRA is to increase the number of eligible citizens who register to vote, protect the integrity of the electoral process and ensure the accurate maintenance of voter registration rolls. (Sec. 1)
2. States NVRA created a new federal voter registration form that must be used by states and that this form does not include state-specific instructions. (Sec. 1)
3. Recognizes the United States Constitution grants states the power to set voter qualifications. (Sec. 1)
4. Asserts that the United States Supreme Court recognized the diminished value of establishing voting requirements without the power to enforce those requirements. (Sec. 1)
5. States the United States Supreme Court found that serious constitutional doubts would be raised from a federal statute barring a state from obtaining information to enforce its voter qualifications. (Sec. 1)
6. Asserts the EAC has precluded Arizona from obtaining necessary information to enforce voter qualifications by refusing to include documentary proof of citizenship on the federal voter registration form. (Sec. 1)
7. Specifies Arizona has tried to assert its power to enforce its voter qualification requirements, consistent with Arizona case law, but is still constrained on the federal form. (Sec. 1)
8. Asserts that Arizona statues requiring documentary proof of citizenship are constitutional and consistent with requirements from NVRA and Inter Tribal Council v. Arizona. (Sec. 1)
9. States Arizona's belief that the court erred in its decision in Inter Tribal Council v. Arizona. (Sec. 1)
10. Specifies the United States Constitution grants states absolute authority to determine the way presidential electors are appointed. (Sec. 1)
11. Asserts the NVRA attempts to supersede state statutes directing the manner of appointing electors. (Sec. 1)
12. States the NVRA has required Arizona to bifurcate its voter registration system. (Sec. 1)
13. Asserts the consequences of the above provision has been an unconstitutional federal takeover of elections by requiring states to register voters without proof of citizenship. (Sec. 1)
14. Urges the United States Congress to pass and the President to sign legislation requiring the EAC to provide state-specific instructions on the federal voter registration form that includes all qualifications set by states and that recognizes the state's power over presidential elections. (Sec. 1)
15. Requires the Secretary of State to transmit this Memorial to the President of the United States, the President of the Senate, the Speaker of the House of Representatives and each Member of Congress from Arizona. (Sec. 1)
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19. HCM 2015
20. Initials JH/SR Page 0 Caucus & COW
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