Ducey Signs Election Reform Legislation Aimed At Non-Citizen Voters

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PHOENIX – On Monday, Governor Doug Ducey signed into law HB2039, which requires county recorders to post on their websites the number of voters registered using the state or federal form who have not provided proof of citizenship. The law also requires the number of votes cast using federal only ballots to be posted.

Under Arizona law, federal voters who have not shown proof of citizenship are ineligible to vote in Arizona elections.

The bill also makes a technical correction to SB 1090, which requires voters who receive emergency ballots to present proof of identification and sign an affidavit stating that they have experienced or are experiencing an emergency.


Senate fact sheet for H.B. 2039:

Current statute requires county recorders to count all registered voters and report the totals to the Secretary of State (SOS) as soon as is practicable. In even numbered years, county recorders must count all registered voters on: 1) January 1; 2) March 1; and 3) the last day on which a person may register to be eligible to vote in the next primary election, general election and presidential preference election. In odd numbered years, county recorders must count all registered voters on: 1) January 1; 2) April 1; 3) July 1; and 4) October 1.

The SOS must prepare a summary report of the totals and maintain the report as a permanent record (A.R.S. § 16-168).

The National Voter Registration Act requires Arizona to allow voters to register to vote in elections for federal office by using a federal registration form. A person who uses a federal registration form must: 1) attest that the eligibility requirements, including citizenship, have been
met; and 2) sign under penalty of perjury (42 U.S.C. § 1973gg). A person who uses the federal registration form to register to vote without providing evidence of citizenship is a registered and qualified elector for federal offices only (AG Opinion I13-011).

A person who becomes ill or disabled after the second Friday before the election may request to have a ballot personally delivered by a special election board to vote a provisional ballot.

Laws 2019, Chapter 107 amended that section of statute to require the person to provide identification and sign a statement that the person is experiencing or has experienced an emergency after 5:00 p.m. on the first Friday preceding the election and before 5:00 p.m. on the first Monday preceding the election that prevents the person from voting at the polls (A.R.S. § 16-549).

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