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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
proof of citizenship; voter registration
Purpose
Urges the U.S. Congress to immediately pass and the U.S. President to sign legislation that requires the Election Assistance Commission (EAC) to include state-specific instructions on the federal voter registration form and to recognize the plenary power of the states over presidential elections, the qualifications to vote and the manner of determining whether those qualifications have been met.
Background
Every Arizona resident is qualified to vote if they: 1) are a U.S. citizen that has provided satisfactory proof of citizenship; 2) will be at least 18 years old by the date of the next regular election following registration; 3) are an Arizona resident 29 days before the next election, with outlined exceptions; 4) can write their name or make their mark, unless prevented by a physical disability; 5) have not been convicted of treason or a felony, unless they have had their rights restored; and 6) have not been adjudicated an incapacitated person (A.R.S. § 16-101).
An application for voter registration must be accompanied by satisfactory proof of citizenship, including: 1) an Arizona driver license number or nonoperating identification number issued after October 1, 1996; 2) a legible photocopy of the applicant's birth certificate that verifies citizenship; 3) a legible photocopy of the applicant's U.S. passport; 4) the applicant's U.S. naturalization documents or the number of the certificate of naturalization; 5) other documents or methods of proof that conform to the requirements of the federal Immigration Reform and Control Act of 1986; or 6) the applicant's Bureau of Indian Affairs card number, tribal treaty card number or tribal enrollment number (A.R.S. § 16-166).
In 2004, Arizona voters passed Proposition 200 which, in part, prohibited a county recorder from accepting any voter registration application that is not accompanied by satisfactory evidence of U.S. citizenship (Proposition 200). In 2012, the U.S. Supreme Court held that Arizona's evidence-of-citizenship requirement included in Proposition 200, as applied to the federal voter registration form, is pre-empted by the National Voter Registration Act's mandate that states accept and use the federal form (Arizona v. Inter Tribal Council of Arizona, Inc, 570 U.S. 1 (2013)).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Urges the U.S. Congress and the U.S. President to:
a) immediately pass and sign legislation that requires the EAC to include state-specific instructions on the federal voter registration form that encompass all qualifications set by states, including documentary proof of citizenship requirements; and
b) recognize the plenary power of the states over presidential elections, the qualifications to vote and the manner of determining that those qualifications have been met.
2. Directs the Secretary of State to transmit copies of this memorial to the President of the United States, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives and to each Arizona member of the U.S. Congress.
House Action
FMAE 2/19/25 DP
4-3-0-0
3rd Read 3/5/25 32-26-2
Prepared by Senate Research
March 17, 2025
ZD/KS/mg