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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Elections and Electors
Chapter : QUALIFICATION AND REGISTRATION OF ELECTORS
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16-104 Registration in incorporated cities and towns
A. The provisions of this chapter, except as it applies to registration of absent
electors, are applicable to cities and towns incorporated under a board of trustees or
common council government.
B. In the registration of electors other than absent electors in a city or town
incorporated under a board of trustees government or a common council government, the
city or town clerk shall have the same duties as to registration as are imposed upon the
county recorder by the provisions of this chapter.
16-105 Registration required by city ordinance or charter
The provisions of this chapter do not preclude the registration of electors required
by the charter or ordinances of a city or town.
16-111 Definitions
For the purposes of this article, unless the context otherwise requires:
1. "Applicant" means a person who applies for a driver's license.
2. "Driver's license" means any class of driver's license or a nonoperating
identification license issued by the motor vehicle division of the department of
transportation.
3. "Driver's license examiner" means an employee of the motor vehicle division of
the department of transportation who is authorized to examine applicants for driver's
licenses.
16-112 Driver license voter registration
A. Every person who is applying for a driver license or renewal and who is
otherwise qualified to register to vote shall, at the same time and place, be permitted
to register to vote 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. 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, 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, adopt rules to implement a system
permitting driver license applicants to register to vote at the same time and place as
they apply for driver licenses. Such rules shall:
1. Bring the license application and voter registration application forms into
substantial conformity.
2. Permit the transfer of driver license applications, including renewal and change
of address, 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 United States
Code section 394).
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.
16-120 Eligibility to vote
No elector shall vote in an election called pursuant to the laws of this state
unless the elector has been registered to vote as a resident within the boundaries or the
proposed boundaries of the election district for which the election is being conducted
and the registration has been received by the county recorder or his designee pursuant to
section 16-134 prior to midnight of the twenty-ninth day preceding the date of the
election.
16-121.01 Requirements for proper registration
A. A person is presumed to be properly registered to vote on completion of a
registration form as prescribed by section 16-152 that contains at least the name, the
residence address or the location, the date of birth and the signature or other statement
of the registrant as prescribed by section 16-152, subsection A, paragraph 20 and a
checkmark or other appropriate indicator that the person answered "yes" to the question
regarding citizenship. The completed registration form must also contain the person's
ARIZONA driver license number, the nonoperating identification license number issued
pursuant to section 28-3165, the last four digits of the person's social security number
or the person's affirmation that if an ARIZONA driver license number, nonoperating
identification license number or the last four digits of the person's social security
number is not provided, the person does not possess a valid ARIZONA driver or
nonoperating identification license or a social security number and the person is hereby
requesting that a unique identifying number be assigned by the secretary of state
pursuant to section 16-152, subsection A, paragraph 12, subdivision (c).
B. The presumption in subsection A of this section may be rebutted only by clear
and convincing evidence of any of the following:
1. That the registrant is not the person whose name appears on the register.
2. That the registrant has not resided in this state for twenty-nine days next
preceding the election or other event for which the registrant's status as properly
registered is in question.
3. That the registrant is not properly registered at an address permitted by
section 16-121.
4. That the registrant is not a qualified registrant under section 16-101.
16-121 Qualified elector; definition
A. A person who is qualified to register to vote pursuant to section 16-101 and who
is properly registered to vote shall, if he is at least eighteen years of age on or
before the date of the election, be deemed a qualified elector for any purpose for which
such qualification is required by law, except as provided in section 16-126. A person
continues to be a qualified elector until that person's registration is canceled pursuant
to section 16-165 or until that person does not qualify as a resident as prescribed by
section 16-101, subsection B.
B. For purposes of subsection A of this section, a person who does not reside at a
fixed, permanent or private structure shall be properly registered to vote if that person
is qualified pursuant to section 16-101 and if that person's registration address is any
of the following places located in this state:
1. A homeless shelter to which the registrant regularly returns.
2. The place at which the registrant is a resident.
3. The county courthouse in the county in which the registrant resides.
4. A general delivery address for a post office covering the location where the
registrant is a resident.
C. A person who is otherwise qualified to register to vote shall not be refused
registration or declared not qualified to vote because the person does not live in a
permanent, private or fixed structure.
D. As used in this section, "homeless shelter" means a supervised publicly or
privately operated shelter designed to provide temporary living accommodations to
individuals who lack a fixed, regular and adequate nighttime residence.
16-122 Registration and records prerequisite to voting
No person shall be permitted to vote unless such person's name appears as a
qualified elector in both the general county register and in the precinct register or
list of the precinct and election districts or proposed election districts in which such
person resides, except as provided in sections 16-125, 16-135 and 16-584.
16-124 Public officer residing in county of post of duty
Any public officer of the state, including a judge of the court of appeals, whose
post of duty is located in a county other than in the county from which elected or
appointed, and who is physically residing where his post of duty is located, shall be
deemed a qualified elector and resident of the county from which elected or appointed if
he registers, or remains registered, to vote in a precinct in such county. This section
shall also apply to the spouse and any dependents of such public officer if otherwise
qualified to vote and actually residing with the public officer.
16-125 Change of residence to different county during twenty-nine day period preceding election
A registered elector who moves from one county to another county during the
twenty-nine day period preceding either a primary, general or runoff election is deemed
to be a resident and registered elector of the county from which the elector moved until
the day after the primary, general or runoff election, whichever applies. 16-126 Authority to vote in presidential election after moving from state
A. Each person who is properly registered as an elector in any precinct in this
state and who has begun residence in another state after the thirtieth day immediately
preceding an election in which presidential electors are chosen shall retain his right to
vote for presidential electors to be elected, but for no other offices in such
election. Such vote may be cast by early ballot in the precinct from which he has
removed, in person at the office of the county recorder or by mail.
B. Ballots cast by early voting procedures pursuant to this section shall be in the
form prescribed by the secretary of state.
C. All applicants pursuant to this section shall have their registration canceled
promptly following the election.
16-131 Registration of electors; deputy registrars
A. The county recorder, a justice of the peace or a deputy registrar shall supply,
without charge, a registration form to any qualified person requesting registration
information.
B. The county recorder shall distribute state mail in registration forms at
locations throughout the county such as government offices, fire stations, public
libraries and other locations open to the general public.
C. Information regarding the qualifications necessary to register to vote,
registration deadlines for qualifying to vote at an election, penalties for false
registration and locations where additional voter registration information may be
obtained shall be attached to or distributed with the state mail in registration form.
D. A county recorder may appoint deputy registrars to assist in distributing
registration forms, to assist in registering voters and to accept completed registration
forms. A deputy registrar shall be a qualified elector and shall serve without pay.
E. The county recorder may provide voter registration forms in quantity to groups
and individuals that request forms for conducting voter registration drives.
16-134 Return of registrations made outside office of county recorder; incomplete or illegible forms
A. A county recorder shall authorize persons to accept registration forms, shall
designate places for receipt of registration forms and shall designate additional
locations for distribution of voter registration forms. Public assistance agencies and
disabilities agencies as defined in section 16-140 shall return or mail completed voter
registrations to the county recorder of the county in which the applicant resides within
five days after receipt of those registrations.
B. If the information on the registration form is incomplete or illegible and the
county recorder is not able to process the registration form, the county recorder shall
notify the applicant within ten business days of receipt of the registration form, shall
specify the missing or illegible information and, if the missing or illegible information
includes any of the information prescribed by section 16-121.01, subsection A, shall
state that the registration cannot be completed until the information is supplied.
C. In the case of registration by mail, a voter registration is valid for an
election if it complies with either of the following:
1. The form is postmarked twenty-nine days or more before an election and is
received by the county recorder by 7:00 p.m. on the day of that election.
2. The registration is dated twenty-nine days or more before an election and is
received by the county recorder within five days after the last day to register to vote
in that election.
D. The date of registration entered for registration forms that are received by the
county recorder from persons, groups or agencies that are not authorized to accept
registrations pursuant to subsection A of this section and that do not bear a legible
postmark date or an otherwise reliable date shall be the date that those forms are
received by the county recorder.
16-135 Change of residence from one address to another
A. An elector who is correcting the residence address shown on the elector's voter
registration record shall reregister with the new residence address or correct the voter
registration record as prescribed by this section.
B. An elector who moves from the address at which he is registered to another
address within the same county and who fails to notify the county recorder of the change
of address before the date of an election shall be permitted to correct the voter
registration records at the appropriate polling place for the voter's new address. The
voter shall present a form of identification that includes the voter's given name and
surname and the voter's complete residence address that is located within the precinct
for the voter's new residence address. The voter shall affirm in writing the new
residence address and shall be permitted to vote a provisional ballot.
C. When an elector completes voting a provisional ballot, the election official
shall place the ballot in an envelope for provisional ballots and shall deposit the
envelope in the ballot box designated for provisional ballots.
D. Within ten calendar days after a general election that includes an election for
a federal office and within five business days after any other election, a provisional
ballot shall be compared to the signature roster for the precinct in which the voter was
listed and if the voter's signature does not appear on the signature roster for that
election and if there is no record of that voter having voted early for that election,
the provisional ballot shall be counted. If the signature roster or early ballot
information indicates that the person did vote in that election, the provisional ballot
for that person shall remain unopened and shall not be counted.
E. An elector may also correct the residence address on the elector's voter
registration record by requesting the address change on a written request for an early
ballot that is submitted pursuant to section 16-542 and that contains all of the
following:
1. A request to change the voter registration record.
2. The elector's new residence address.
3. An affirmation that the information is true and correct.
4. The elector's signature.
16-136 Change of political party
An elector desiring to state a preference for a political party or organization
other than the one indicated by the record of his registration shall reregister.
16-137 Change of name
An elector desiring to register under a new name, resulting either from a court
order or marriage, shall reregister and shall state on the new affidavit of registration
the elector's former legal name. An elector may also correct the voter registration
record by providing the new name while voting a provisional ballot pursuant to section
16-584 at the appropriate polling place.
16-139 Registration expenses as county charge
Necessary expenses incurred by the county recorder in carrying out the provisions of
this title relating to the registration of electors shall be a county charge.
16-140 Voter registration assistance agencies; definitions
A. All public assistance agencies and disabilities agencies in this state shall
provide the opportunity to register to vote for those persons who apply for benefits or
appear at the agency to renew, recertify or change address information. The voter
registration form shall be accompanied by a statement form that includes substantially
the following:
1. The statement "If you are not registered to vote where you live now, would you
like to apply to register to vote here today?
{ } Yes { } No
If you do not check either box, you will be considered to have decided not to register to
vote at this time."
2. If the agency provides public assistance, the statement "Applying to register or
declining to register to vote will not affect the amount of assistance that you will be
provided by this agency."
3. The statement "If you would like help in filling out the voter registration
application form, we will help you. The decision to seek or accept help is yours. You
may fill out the application form in private."
4. The statement "If you believe that someone has interfered with your right to
register or to decline to register to vote, or your right to choose your own political
party or other political preference, you may file a complaint with the secretary of
state." This statement shall be followed by the name, address and telephone number of the
secretary of state.
B. Each public assistance agency or disabilities agency shall provide to each
person who applies for that agency's services the same degree of assistance for voter
registration that it provides for the completion of the agency's own forms, unless that
person refuses assistance. Each public assistance or disabilities agency shall accept
completed registration forms from persons who receive a registration form from that
office.
C. If a person indicates "no" or fails to indicate either "yes" or "no" on the form
prescribed by subsection A, the form shall be deemed to indicate a declination to
register to vote. All declination forms shall be preserved as a confidential record and
shall be forwarded periodically to the ARIZONA state library, archives and public records
for retention for two years. Declination forms are exempt from title 39, chapter 1 and
may be disclosed only for voter registration purposes.
D. Voter registration information that is generated pursuant to this section and
that is public information as otherwise provided by law shall not provide any public
indication of the source of these registrations. Registration forms may bear a unique,
coded marking that does not publicly or readily disclose the voter registration agency or
additional voter registration volunteer that was the source of the registration. The
coded markings for a form may be translated or otherwise read only by election officials
and only for purposes permitted by the national voter registration act of 1993 (P.L.
103-31; 107 Stat. 77; 42 United States Code section 394).
E. A county recorder may designate additional voter registration volunteers. These
additional voter registration volunteers may provide state mail in registration forms to
persons who wish to register to vote.
F. For purposes of this section, unless the context otherwise requires:
1. "Additional voter registration volunteer" means a person, group or entity that
is not a public assistance or disabilities agency and that is designated by a county
recorder as another voter registration provider pursuant to section 7(a)(3)(A) of the
national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77; 42 United States Code
section 394) and may include governmental, nonprofit or other private organizations.
2. "Disabilities agency" means all offices of an agency in this state that provide
state funded programs primarily engaged in providing services to persons with
disabilities.
3. "Public assistance agency" means all offices of an agency in this state that
provide public assistance.
16-141 Armed forces recruiting offices; voter registration assistance
Armed forces recruiting offices shall provide each person who applies to enter the
armed forces the opportunity to register to vote. The county recorder for the county in
which the office is located shall provide the office with state mail in voter
registration forms. The recruiting office shall mail or deliver to the county recorder
within five days all completed voter registrations. The chief state election officer,
the county recorder and the federal voting assistance office shall coordinate voter
registration training of armed forces recruiting office personnel.
16-142 Secretary of state; national voter registration act; uniformed and overseas citizens; voter fraud hotline
A. The secretary of state or the secretary's designee is:
1. The chief state election officer who is responsible for coordination of state
responsibilities under the national voter registration act of 1993 (P.L. 103-31; 107
Stat. 77; 42 United States Code section 394) and under the uniformed and overseas
citizens absentee voting act (42 United States Code section 1973).
2. Responsible for providing information on registration and absentee or early
ballot procedures to absent uniformed services voters and overseas voters who wish to
register to vote or vote in any jurisdiction in this state.
B. Not later than ninety days after the date of each regularly scheduled general
election at which an election is held for federal office, the secretary of state shall
submit a report to the election assistance commission established pursuant to the help
America vote act of 2002 (P.L. 107-252) that includes information on the number of
ballots transmitted to absent uniformed services voters and overseas voters and the
number of ballots returned and cast in the election. The secretary of state shall prepare
the report in cooperation and in conjunction with the county recorders and county
officers in charge of elections. The report shall be made available to the public.
C. The secretary of state shall provide for a toll free telephone number for the
use of the public to report incidents of voter fraud. To the extent permitted by federal
law, the secretary of state may use monies received from the United States government
pursuant to the help America vote act of 2002 (P.L. 107-252) to establish, staff and
maintain the toll free telephone number and may also use those monies to defray the costs
of any investigations arising from any reports received on the toll free telephone
number. 16-151 Forms for registration supplied by county recorder and secretary of state
A. Blank state voter registration forms for registration of electors shall be
supplied by the county recorder.
B. The secretary of state shall make available for distribution through
governmental and private entities the voter registration forms that are prescribed by the
federal election commission.
16-152 Registration form
A. The form used for the registration of electors shall contain:
1. The date the registrant signed the form.
2. The registrant's given name, middle name, if any, and surname.
3. The complete address of the registrant's actual place of residence, including
street name and number, apartment or space number, city or town and zip code, or such
description of the location of the residence that it can be readily ascertained or
identified.
4. The registrant's complete mailing address, if different from the residence
address, including post office address, city or town, zip code or other designation used
by the registrant for receiving mail.
5. The registrant's party preference.
6. The registrant's telephone number, unless unlisted.
7. The registrant's state or country of birth.
8. The registrant's date of birth.
9. The registrant's occupation.
10. The registrant's Indian census number (optional to registrant).
11. The registrant's father's name or mother's maiden name.
12. One of the following identifiers for each registrant:
(a) The ARIZONA driver license number of the registrant or nonoperating
identification license number of the registrant that is issued pursuant to section
28-3165.
(b) If the registrant does not have an ARIZONA driver license or nonoperating
identification license, the last four digits of the registrant's social security number.
(c) If the registrant does not have an ARIZONA driver license or nonoperating
identification license or a social security number and the registrant attests to that, a
unique identifying number consisting of the registrant's unique identification number to
be assigned by the secretary of state in the statewide electronic voter registration
database.
13. A statement as to whether or not the registrant is currently registered in
another state, county or precinct, and if so, the name, address, county and state of
previous registration.
14. The question to the registrant "Are you a citizen of the United States of
America?", appropriate boxes for the registrant to check "yes" or "no" and a statement
instructing the registrant not to complete the form if the registrant checked "no".
15. The question to the registrant "Will you be eighteen years of age on or before
election day?", appropriate boxes for the registrant to check "yes" or "no" and a
statement instructing the registrant not to complete the form if the registrant checked
"no".
16. A statement that the registrant has not been convicted of treason or a felony,
or if so, that the registrant's civil rights have been restored.
17. A statement that the registrant is a resident of this state and of the county in
which the registrant is registering.
18. A statement that executing a false registration is a class 6 felony.
19. The signature of the registrant.
20. If the registrant is unable to sign the form, a statement that the affidavit was
completed according to the registrant's direction.
21. 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.
22. 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.
23. A statement that the applicant shall submit evidence of United States
citizenship with the application and that the registrar shall reject the application if
no evidence of citizenship is attached.
B. A duplicate voter receipt shall be provided with the form that provides space
for the name, street address and city of residence of the applicant, party preference and
the date of signing. The voter receipt is evidence of valid registration for the purpose
of casting a provisional ballot as prescribed in section 16-584, subsection B.
C. The state voter registration form shall be printed in a form prescribed by the
secretary of state.
D. The county recorder may establish procedures to verify whether a registrant has
successfully petitioned the court for an injunction against harassment pursuant to
section 12-1809 or an order of protection pursuant to section 13-3602 and, if verified,
to protect the registrant's residence address, telephone number or voting precinct
number, if appropriate, from public disclosure.
E. Subsection A of this section does not apply to registrations received from the
department of transportation pursuant to section 16-112. 16-153 Voter registration; confidentiality; definitions
A. Justices, judges, commissioners, peace officers, prosecutors, public defenders,
victims of domestic violence or stalking, persons who are protected under an order of
protection or injunction against harassment, and any other registered voter who resides
at the same residence address as the justice, judge, commissioner, peace officer,
prosecutor, public defender, victim of domestic violence or stalking or protected person,
may request that the general public be prohibited from accessing the residential address,
telephone number and voting precinct number contained in their voter registration record.
B. Justices, judges, commissioners, prosecutors, public defenders, peace officers
or victims of domestic violence or stalking may request this action by filing an
affidavit that states all of the following on an application form developed by the
administrative office of the courts in agreement with an association of counties and an
organization of peace officers:
1. The person's full legal name, residential address and date of birth.
2. The position the person currently holds and a description of the person's
duties, except that a person who is a victim of domestic violence or stalking shall
instead state that the person is a victim of domestic violence or stalking and shall
attach documentation supporting the claim, including a true and correct copy of any of
the following:
(a) Findings from a court of competent jurisdiction.
(b) Police reports.
(c) Medical records.
(d) Child protective services records.
(e) Domestic violence shelter records.
(f) School records.
3. The reasons for reasonably believing that the person's life or safety or that of
another person is in danger and that sealing the residential address, telephone number
and voting precinct number of the person's voting record will serve to reduce the danger.
C. The affidavit shall be filed with the presiding judge of the superior court in
the county in which the affiant resides. To prevent a multiplicity of filings, peace
officers shall deliver the affidavit to their commanding officer who shall file the
affidavits at one time, prosecutors shall deliver the affidavit to the head of the
prosecuting agency or that person's designee who shall file the affidavits at one time,
and public defenders shall deliver the affidavit to the head of the public defending
agency or that person's designee who shall file the affidavits at one time. In the
absence of an affidavit that contains a request for immediate action and is supported by
facts justifying an earlier presentation, the commanding officer, the head of the
prosecuting agency or that person's designee or the head of the public defending agency
or that person's designee shall not file affidavits more often than quarterly.
D. Upon receipt of an affidavit or affidavits, the presiding judge of the superior
court shall file with the clerk of the superior court a petition on behalf of all
requesting affiants. The petition shall have attached each affidavit presented. In the
absence of an affidavit that contains a request for immediate action and is supported by
facts justifying an earlier consideration, the presiding judge may accumulate affidavits
and file a petition at the end of each quarter.
E. The presiding judge of the superior court shall review the petition and each
attached affidavit to determine whether the action requested by each affiant should be
granted. The presiding judge of the superior court shall order the sealing for five years
of the information contained in the voter record of the affiant and, on request, any
other registered voter who resides at the same residence address if the presiding judge
concludes that this action will reduce a danger to the life or safety of the affiant.
F. The recorder shall remove the restrictions on all voter records submitted
pursuant to subsection E of this section by January 5 in the year after the court order
expires.
G. Upon entry of the court order, the clerk of the superior court shall file the
court order with the county recorder. Upon receipt of the court order the county recorder
shall seal the voter registration of the justices, judges, commissioners, prosecutors,
public defenders, peace officers and other persons listed in the court order no later
than one hundred twenty days from the date of receipt of the court order. The
information in the registration shall not be disclosed and is not a public record.
H. If the court denies an affiant's requested sealing of the voter registration
record, the affiant may request a court hearing. The hearing shall be conducted by the
court where the petition was filed.
I. On motion to the court, if the presiding judge of the superior court concludes
that a voter registration record has been sealed in error or that the cause for the
original affidavit no longer exists, the presiding judge may vacate the court order
prohibiting public access to the voter registration record.
J. Upon request by a person who is protected under an order of protection or
injunction against harassment and presentation of an order of protection issued pursuant
to section 13-3602, an injunction against harassment issued pursuant to section 12-1809
or an order of protection or injunction against harassment issued by a court in another
state, the county recorder shall seal the voter registration record of the person who is
protected and, on request, any other registered voter who resides at the residence
address of the protected person. The record shall be sealed no later than one hundred
twenty days from the date of receipt of the court order. The information in the
registration shall not be disclosed and is not a public record.
K. For the purposes of this section:
1. "Commissioner" means a commissioner of the superior court.
2. "Domestic violence" has the same meaning prescribed in section 20-448.
3. "Judge" means a judge of the United States district court, the United States
court of appeals, the United States magistrate court, the United States bankruptcy court,
the ARIZONA court of appeals, the superior court or a municipal court.
4. "Justice" means a justice of the United States or ARIZONA supreme court or a
justice of the peace.
5. "Prosecutor" means a United States attorney, a county attorney, a municipal
prosecutor or the attorney general and includes an assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.
6. "Public defender" means a federal public defender, county public defender,
county legal defender or county contract indigent defense counsel and includes an
assistant or deputy federal public defender, county public defender or county legal
defender.
7. "Stalking" means the course of conduct prescribed in section 13-2923.
8. "Victim of domestic violence" means a person who is a victim of an offense
defined in section 13-3601.
16-161 Official record of registration
When the registration form is filled out, signed by the elector and received by the
county recorder, it shall constitute an official public record of the registration of the
elector.
16-162 Retention of registration forms and record of cancellation
The county recorder shall provide a means of retaining registration forms and
records of cancellation of registration. The records shall be retained as prescribed by
sections 41-1347 and 41-1351.
16-163 Assignment of registrations to general county register; exception; notification to elector; filing of registration forms
A. The county recorder shall, upon receipt of a registration in proper form, assign
the registration record to its proper precinct and alphabetical arrangement in the
general county register. The general county register shall be preserved permanently to
reflect the registration as of each general election. After the general county register
is revised to reflect the valid registrations for the general election, the county
recorder shall provide the ARIZONA state library, archives and public records with a copy
of the revised county register.
B. After placing the record of registration in the county general register, the
county recorder shall notify the elector within thirty days in writing that the elector's
name appears in the general register.
C. If the notice that is sent is returned undeliverable, the county recorder may
send an additional notice as prescribed by section 16-166, subsection A and that notice
shall indicate that the elector must respond no later than twenty-nine days before the
election at which the elector intends to vote.
D. All current original registration forms shall be filed countywide or by precinct
in alphabetical order by surname of elector. All original registration forms canceled,
and all original applications for cancellation of registration received since the
preceding general election, shall be separately filed and maintained. Computer output
microfilm, listings or other electronic format media containing the information from the
general county register after each general election shall be provided to the ARIZONA
state library, archives and public records and shall serve to fulfill the requirements of
this subsection and section 16-164, subsection A.
16-164 Cancellation of registration on new registration form effecting change of precinct, party, address or name
A. Upon receipt of a new registration form which effects a change of precinct,
political party, address or name, the county recorder shall remove the registration form
to which it relates from the general county register, indicate that the registration has
been canceled and the date and reason for cancellation, and place the form in a
cancellation file. In lieu of such procedure, the county recorder may modify the record
of registration to reflect any changes of address, name or party upon receipt of a
registration form reflecting such changes.
B. All records of cancelled registration shall be arranged and retained in like
manner as voter registrations.
16-165 Causes for cancellation
A. The county recorder shall cancel a registration:
1. At the request of the person registered.
2. When the county recorder knows of the death of the person registered.
3. If the person has been adjudicated an incapacitated person as defined in section
14-5101.
4. When the person registered has been convicted of a felony, and the judgment of
conviction has not been reversed or set aside. The county recorder shall cancel the
registration on receipt of notice of a felony conviction from the court or from the
secretary of state or when reported by the elector on a signed juror questionnaire that
is completed pursuant to section 21-314.
5. Upon production of a certified copy of a judgment directing a cancellation to be
made.
6. Promptly after the election if the person registered has applied for a ballot
pursuant to section 16-126.
7. When a person has been on the inactive voter list and has not voted during the
time periods prescribed in section 16-166, subsection C.
8. When the county recorder receives written information from the person registered
that the person has a change of residence within the county and the person does not
complete and return a new registration form within twenty-nine days after the county
recorder mails notification of the need to complete and return a new registration form
with current information.
9. When the county recorder receives written information from the person registered
that the person has a change of address outside the county.
B. If the county recorder cancels a registration pursuant to subsection A,
paragraph 8 of this section, the county recorder shall send the person notice that the
registration has been cancelled and a registration form with the information described in
section 16-131, subsection C attached to the form.
C. When proceedings in the superior court or the district court result in a person
being declared incapable of taking care of himself and managing his property, and for
whom a guardian of the person and estate is appointed, result in such person being
committed as an insane person or result in a person being convicted of a felony, the
clerk of the superior court in the county in which those proceedings occurred shall file
with the secretary of state an official notice of that fact. The secretary of state shall
notify the appropriate county recorder and the recorder shall cancel the name of the
person upon the register. Such notice shall name the person covered, shall give the
person's date and place of birth if available, the person's social security number, if
available, the person's usual place of residence, the person's address and the date of
the notice, and shall be filed with the recorder of the county where the person last
resided.
D. Each month the department of health services shall transmit to the secretary of
state without charge a record of the death of every resident of the state sixteen years
of age and older reported to the department within the preceding month. This record shall
include only the name of the decedent, the decedent's date of birth, the decedent's
social security number, if available, the decedent's usual legal residence at the time of
death and, if available, the decedent's father's name or mother's maiden name. The record
shall be used by the secretary of state for the sole purpose of canceling the names of
deceased persons from the statewide voter registration database. Public access to the
records is prohibited. Use of information from the records for purposes other than those
required by this section is prohibited. The name of each deceased person shall promptly
be canceled from the statewide voter registration database and the secretary of state
shall notify the appropriate county recorder and the recorder shall cancel the name of
the person from the register.
16-166 Verification of registration
(Caution: 1998 Prop. 105 applies.)
A. Except for the mailing of sample ballots, a county recorder who mails an item to
any elector shall send the mailing by nonforwardable first class mail marked with the
statement required by the postmaster to receive an address correction notification. If
the item is returned undelivered, the county recorder shall send a follow-up notice to
that elector within three weeks of receipt of the returned notice. The county recorder
shall send the follow-up notice to the address that appears on the general county
register or to the forwarding address provided by the United States postal service. The
follow-up notice shall include a registration form and the information prescribed by
section 16-131, subsection C and shall state that if the elector does not complete and
return a new registration form with current information to the county recorder within
thirty-five days, the name of the elector will be removed from the general register and
transferred to the inactive voter list.
B. If the elector provides the county recorder with a new registration form, the
county recorder shall change the general register to reflect the changes indicated on the
new registration. If the elector indicates a new residence address outside that county,
the county recorder shall forward the voter registration form to the county recorder of
the county in which the elector's address is located. If the elector provides a new
residence address that is located outside this state, the county recorder shall cancel
the elector's registration.
C. The county recorder shall maintain on the inactive voter list the names of
electors who have been removed from the general register pursuant to subsection A or E of
this section for a period of four years or through the date of the second general
election for federal office following the date of the notice from the county recorder
that is sent pursuant to subsection E of this section.
D. On notice that a government agency has changed the name of any street, route
number, post office box number or other address designation, the county recorder shall
revise the registration records and shall send a new verification of registration notice
to the electors whose records were changed.
E. The county recorder on or before May 1 of each year preceding a state primary
and general election or more frequently as the recorder deems necessary may use the
change of address information supplied by the postal service through its licensees to
identify registrants whose addresses may have changed. If it appears from information
provided by the postal service that a registrant has moved to a different residence
address in the same county, the county recorder shall change the registration records to
reflect the new address and shall send the registrant a notice of the change by
forwardable mail and a postage prepaid preaddressed return form by which the registrant
may verify or correct the registration information. If the registrant fails to return the
form postmarked not later than twenty-nine days before the next election, the elector
shall be removed from the general register and transferred to the inactive voter
list. If the notice sent by the recorder is not returned, the registrant may be required
to provide affirmation or confirmation of the registrant's address in order to vote. If
the registrant does not vote in an election during the period after the date of the
notice from the recorder through the date of the second general election for federal
office following the date of that notice, the registrant's name shall be removed from the
list of inactive voters. If the registrant has changed residence to a new county, the
county recorder shall provide information on how the registrant can continue to be
eligible to vote.
F. The county recorder shall reject any application for registration that is not
accompanied by satisfactory evidence of United States citizenship. Satisfactory evidence
of citizenship shall include any of the following:
1. The number of the applicant'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 applicant's driver license or nonoperating identification license that
the person has provided satisfactory proof of United States citizenship.
2. A legible photocopy of the applicant's birth certificate that verifies
citizenship to the satisfaction of the county recorder.
3. A legible photocopy of pertinent pages of the applicant's United States passport
identifying the applicant and the applicant's passport number or presentation to the
county recorder of the applicant's United States passport.
4. A presentation to the county recorder of the applicant's United States
naturalization documents or the number of the certificate of naturalization. If only the
number of the certificate of naturalization is provided, the applicant shall not be
included in the registration rolls until the number of the certificate of naturalization
is verified with the United States immigration and naturalization service by the county
recorder.
5. Other documents or methods of proof that are established pursuant to the
immigration reform and control act of 1986.
6. The applicant's bureau of Indian affairs card number, tribal treaty card number
or tribal enrollment number.
G. Notwithstanding subsection F of this section, any person who is registered in
this state on the effective date of this amendment to this section is deemed to have
provided satisfactory evidence of citizenship and shall not be required to resubmit
evidence of citizenship unless the person is changing voter registration from one county
to another.
H. For the purposes of this section, proof of voter registration from another state
or county is not satisfactory evidence of citizenship.
I. A person who modifies voter registration records with a new residence ballot
shall not be required to submit evidence of citizenship. After citizenship has been
demonstrated to the county recorder, the person is not required to resubmit satisfactory
evidence of citizenship in that county.
J. After a person has submitted satisfactory evidence of citizenship, the county
recorder shall indicate this information in the person's permanent voter file. After two
years the county recorder may destroy all documents that were submitted as evidence of
citizenship.
16-168 Precinct registers; date of preparation; contents; copies; reports; statewide database; violation; classification
A. By the tenth day preceding the primary and general elections the county recorder
shall prepare from the original registration forms or from electronic media at least four
lists that are printed or typed on paper of all qualified electors in each precinct in
the county, and the lists shall be the official precinct registers.
B. The official precinct registers for use at the polling place shall contain at
least the names in full, party preference, date of registration and residence address of
each qualified elector in the respective precincts. The names shall be in alphabetical
order and, in a column to the left of the names, shall be numbered consecutively
beginning with number 1 in each precinct register.
C. For the purposes of transmitting voter registration information as prescribed by
this subsection, electronic media in counties with a population over five hundred
thousand in the last decennial census shall be the principal media. A county or state
chairman who is eligible to receive copies of precinct lists as prescribed by this
subsection may request that the recorder provide a paper copy of the precinct lists. The
county recorder, in addition to preparing the official precinct lists, shall provide a
means for mechanically or electronically reproducing the precinct lists and unless
otherwise agreed shall deliver within eight days after the close of registration for the
primary and general elections, without charge, on the same day one electronic media copy
of each precinct list within the county to the county chairman and one electronic media
copy to the state chairman of each party that has at least four candidates other than
presidential electors appearing upon the ballot in that county at the current election.
The county recorder shall also deliver, upon request and without charge, one electronic
media copy of the precinct list to the ARIZONA legislative council. The county recorder
of a county with a population of five hundred thousand or fewer persons, on the same day
precinct lists are delivered to county chairmen, shall deliver one electronic media copy
of each precinct list within the county to the state chairman of each party that has at
least four candidates other than presidential electors appearing on the ballot in this
state at the current election. The copies of the precinct lists shall be electronic media
which shall include for each elector the following information:
1. Name in full and appropriate title.
2. Party preference.
3. Date of registration.
4. Residence address.
5. Mailing address, if different from residence address.
6. Zip code.
7. Telephone number if given.
8. Birth year.
9. Occupation if given.
10. Primary election and general election voting history for the prior four years
and any other information regarding registered voters which the county recorder or city
or town clerk maintains electronically and which is public information.
D. The names on the precinct lists shall be in alphabetical order and the precinct
lists in their entirety, unless otherwise agreed, shall be delivered to each county
chairman and each state chairman at least quarterly and within ten business days of the
close of each quarter in the same format and media as prescribed by subsection C of this
section.
E. Precinct registers and other lists and information derived from registration
forms may be used only for purposes relating to a political or political party activity,
a political campaign or an election, for revising election district boundaries or for any
other purpose specifically authorized by law and may not be used for a commercial purpose
as defined in section 39-121.03. The sale of registers, lists and information derived
from registration forms to a candidate or a registered political committee for a use
specifically authorized by this subsection does not constitute use for a commercial
purpose. The county recorder, on a request for an authorized use and within thirty days
from receipt of the request, shall prepare additional copies of an official precinct list
and furnish them to any person requesting them on payment of a fee equal to five cents
for each name appearing on the register for a printed list and ten cents for each name
for an electronic data medium, plus the cost of the blank computer disk or computer
software if furnished by the recorder, for each copy so furnished.
F. Any person in possession of a precinct register or list, in whole or part, or
any reproduction of a precinct register or list, shall not permit the register or list to
be used, bought, sold or otherwise transferred for any purpose except for uses otherwise
authorized by this section. A person in possession of information derived from voter
registration forms or precinct registers shall not distribute, post or otherwise provide
access to any portion of that information through the internet except as authorized by
subsection J of this section. Nothing in this section shall preclude public inspection of
voter registration records at the office of the county recorder for the purposes
prescribed by this section, except that the month and day of birth date, the social
security number or any portion thereof, the driver license number or nonoperating
identification license number, the unique identifying number prescribed by this section,
the Indian census number, the father's name or mother's maiden name, the state or country
of birth and the records containing a voter's signature shall not be accessible or
reproduced by any person other than the voter, by an authorized government official in
the scope of the official's duties, for signature verification on petitions and candidate
filings, for election purposes and for news gathering purposes by a person engaged in
newspaper, radio, television or reportorial work, or connected with or employed by a
newspaper, radio or television station or pursuant to a court order. A person who
violates this subsection or subsection E of this section is guilty of a class 6 felony.
G. The county recorder shall count the registered voters by political party by
precinct, legislative district and congressional district as follows:
1. In even numbered years, the county recorder shall count all persons who are
registered to vote as of:
(a) January 1.
(b) March 1.
(c) The last day on which a person may register to be eligible to vote in the next
primary election.
(d) The last day on which a person may register to be eligible to vote in the next
general election.
(e) The last day on which a person may register to be eligible to vote in the next
presidential preference election.
2. In odd numbered years, the county recorder shall count all persons who are
registered to vote as of:
(a) January 1.
(b) April 1.
(c) July 1.
(d) October 1.
H. The county recorder shall report the totals to the secretary of state as soon as
is practicable following each of the dates prescribed in subsection G of this section.
The report shall include completed registration forms returned in accordance with section
16-134, subsection B. The county recorder shall also provide the report in a uniform
electronic computer media format that shall be agreed upon between the secretary of state
and all county recorders. The secretary of state shall then prepare a summary report for
the state and shall maintain that report as a permanent record.
I. The county recorder and the secretary of state shall protect access to voter
registration information in an auditable format and method specified in the secretary of
state's electronic voting system instructions and procedures manual that is adopted
pursuant to section 16-452.
J. The secretary of state shall develop and administer a statewide database of
voter registration information that contains the name and registration information of
every registered voter in this state. The database shall include an identifier that is
unique for each individual voter. The database shall provide for access by voter
registration officials and shall allow expedited entry of voter registration information
after it is received by county recorders. As a part of the statewide voter registration
database, county recorders shall provide for the electronic transmittal of that
information to the secretary of state on a daily basis. The secretary of state shall
provide for maintenance of the database, including provisions regarding removal of
ineligible voters that are consistent with the national voter registration act of 1993
(42 United States Code section 394) and the help America vote act of 2002 (P.L. 107-252),
provisions regarding removal of duplicate registrations and provisions to ensure that
eligible voters are not removed in error.
K. For requests for the use of registration forms and access to information as
provided in subsections E and F of this section, the county recorder shall receive and
respond to requests regarding federal, state and county elections.
16-169 Disposition and use of precinct registers; signature roster; form
A. Upon completion of the precinct registers, the county recorder shall certify to
their completeness and correctness and shall transmit the original and two copies to the
several election boards. A copy shall be retained by the county recorder for
verification purposes on election day, and then such copy shall be delivered by the
recorder to the early election boards. The board of election shall use the original of
the precinct register, which shall be known as the "signature roster", for identifying
the electors qualified to vote in the precinct and may use the remaining copies to
process voters or may place them in a convenient place outside the poll limits for use by
the electors.
B. The signature roster shall be bound with suitable covers and shall bear on the
outside front cover the title, "signature roster ____________ precinct, ________________
county, ARIZONA." On the cover shall appear, printed or typed, a certificate to be
signed by the inspector substantially as follows:
I, , inspector of the board of election of _______ precinct,
________ county, ARIZONA hereby certify that the foregoing (excepting
signatures in red) are true and correct signatures of all electors who voted
in precinct on .
(date)
(inspector)
16-170 Transmittal of signature roster to county recorder; comparison of names by recorder
Upon return of the signature rosters to the board of supervisors after the election,
the board shall immediately return them to the county recorder, who may compare the names
and signatures with the names and signatures in corresponding precincts in the general
county register, and if the recorder discovers that any person has voted in violation of
any provision of this title he shall report the violation to the county attorney.
16-171 Preservation of signature rosters as permanent records
The signature roster of a precinct register shall be retained for at least six years
from the date of the election and transfer or disposal shall be pursuant to sections
41-1347 and 41-1351.
16-172 Use of county registration rolls by political subdivisions
A. Any political subdivision of this state conducting an election pursuant to the
laws of this state, which lies within a county, may use the county registration rolls to
conduct such an election. The governing body of such a political subdivision shall
negotiate a contract with the county recorder to reimburse the county recorder for his
actual expenses in preparing the necessary lists for use in the election. In no case
shall the county recorder charge more than the actual additional cost that such
preparation entails. Such contracts shall be negotiated at least sixty days in advance
of the election.
B. After July 1, 1985 the county recorder of each county shall prepare, pursuant to
the provisions of subsection A, the necessary lists for use in all city and town
elections. The county recorder shall prepare such lists by city ward where applicable.
16-173 County recorder to file data processing system or program
In each county in which an electronic data processing system or program is used for
voter registration, the county recorder shall prepare a detailed and complete explanation
of such data processing system or program and any subsequent revision. The county
recorder shall retain one copy of this explanation and shall file one copy with the
secretary of state.
16-181 Return of registration; violation; classification
An intentional failure of an authorized person to return the completed registration
materials as provided in this chapter is a class 2 misdemeanor.
16-182 False registration; classification; cancellation of registration
A. A person who knowingly causes, procures or allows himself to be registered as an
elector of any county, city, town, district or precinct, knowing that he is not entitled
to such registration, or a person who knowingly causes or procures another person to be
registered as an elector of any county, city, town, district or precinct, knowing that
such other person is not entitled to such registration, or an officer who knowingly
enters the name of any person not entitled to registration upon the register or roll of
electors, is guilty of a class 6 felony.
B. If on the trial of a person charged with an offense under this section, it
appears that the accused is registered as an elector of any county, city, town or
precinct, without being qualified for such registration, the court shall order his
registration canceled.
16-183 Violations; classification
A county recorder, justice of the peace or other person who is authorized to accept
registration forms and who knowingly disregards any provision of this chapter, or a
person who knowingly registers more than once, or registers under any name other than his
true name, or attempts to vote by personating another who is registered, or knowingly
registers in a precinct where he is not a resident at the time of the registration is
guilty of a class 6 felony unless another classification is specifically prescribed in
this chapter.
16-184 Additional violations; classification
A. Any person who knowingly swears falsely to an affidavit required under the
provisions of this chapter is guilty of a class 5 felony unless another classification is
specifically prescribed in this chapter.
B. An officer of an election who knowingly fails or refuses to perform any duty
required of him under this chapter is guilty of a class 2 misdemeanor unless another
classification is specifically prescribed in this chapter.
16-191 Applicability
A. Except as provided by subsection B and except where different election
procedures or provisions are set forth by statute, the provisions of this title apply to
all elections in this state.
B. The provisions of this title apply to all elections held pursuant to title 48,
chapters 5, 6, 8, 10 and 13 through 16, notwithstanding any conflicting election
procedures or provisions in such chapters.
16-192 Use of special district resources to influence elections; applicability
A. A special taxing district shall not use its personnel, equipment, materials,
buildings or other resources for the purpose of influencing the outcome of an
election. Notwithstanding this section, a special taxing district may distribute
informational reports on a proposed bond election as provided in section 35-454. Nothing
in this section precludes a special district from reporting on official actions of the
special district's governing body.
B. Employees of a special taxing district shall not use the authority of their
positions to influence the vote or political activities of any subordinate employee.
C. Nothing contained in this section shall be construed as denying the civil and
political liberties of an employee as guaranteed by the United States and ARIZONA
constitutions.
D. This section applies only to special taxing districts that are organized
pursuant to title 48, chapters 5, 6, 8, 10 and 13 through 16.
16-101 Qualifications of registrant; definition
A. Every resident of the state is qualified to register to vote if he:
1. Is a citizen of the United States.
2. Will be eighteen years of age or more on or before the date of the regular
general election next following his registration.
3. Will have been a resident of the state twenty-nine days next preceding the
election, except as provided in section 16-126.
4. Is able to write his name or make his mark, unless prevented from so doing by
physical disability.
5. Has not been convicted of treason or a felony, unless restored to civil rights.
6. Has not been adjudicated an incapacitated person as defined in section 14-5101.
B. For purposes of this title, "resident" means an individual who has actual
physical presence in this state, or for purposes of a political subdivision actual
physical presence in the political subdivision, combined with an intent to remain. A
temporary absence does not result in a loss of residence if the individual has an intent
to return following his absence. An individual has only one residence for purposes of
this title.
16-102 Power of attorney; prohibited use
A power of attorney or other form of proxy is not valid for use by a person in any
procedure or transaction concerning elections, including voter registration, petition
circulation or signature, voter registration cancellation, early ballot requests or
voting another person's ballot.
16-103 Qualified person temporarily absent from state; persons in the service of the United States
A. A qualified person temporarily absent from the state may register by filling out
an affidavit of registration which shall be furnished upon request of the registrant by
the county recorder of the county in which the registrant has residence pursuant to
section 16-593. The registrant shall execute the affidavit of registration and
administer the oath himself and shall return the affidavit to the county recorder.
B. The county recorder may accept a federal postcard application in lieu of an
affidavit of registration from any qualified person covered under the uniformed and
overseas citizens absentee voting act of 1986 (P.L. 99-410; 42 United States Code section
1973).
C. Any other provisions of law to the contrary notwithstanding, registration for
any person covered under subsection B of this section may be accomplished at any time
prior to 7:00 p.m. of an election day. This subsection applies only to persons
temporarily absent from this state.
D. A person who was an overseas voter as defined in the uniformed and overseas
citizens absentee voting act of 1986 (P.L. 99-410; 42 United States Code section 1973),
as amended by the Ronald W. Reagan national defense authorization act for fiscal year
2005 (P.L. 108-375), immediately before being domiciled in this state, and who has been
discharged or separated from that service or employment in the ninety days before
election day may register and is eligible to vote in that election if the registration is
received by 5:00 p.m. on the Friday before election day.
E. Any United States citizen who has never resided in the United States and whose
parent is a United States citizen who is registered to vote in this state is eligible to
register to vote and may vote in this state using a federal write-in early ballot as
prescribed by section 16-543.02.
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