A.R.S. tit. 16 ch. 1 — Arizona Revised Statutes Title 16 Chapter 1 — Qualification And Registration Of Electors

16-101. Qualifications of registrant; definition A. Every resident of this state is qualified to register to vote if the resident: 1. Is a citizen of the United States and has provided satisfactory evidence of citizenship as prescribed in section 16-166. 2. Will be eighteen years of age or more on or before the date of the regular general election next following his registration. 3. Is a resident of this state twenty-nine days next preceding the election, except as provided in section 16-126. 4. Is able to write the resident's name or make the resident's 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 the 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. 16-104. Registration in incorporated cities and towns A. This chapter, except as it applies to registration of absent electors, is applicable to cities and towns incorporated under a common council government. B. In the registration of electors other than absent electors in a city or town incorporated under a common council government, the city or town clerk shall have the same duties as to registration as are imposed on the county recorder by 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, at the same time and place, shall be allowed 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 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, 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 to register to vote at the same time and place as they apply for driver licenses. 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 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; 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. 16-120. Eligibility to vote A. An elector shall not 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 the recorder's designee pursuant to section 16-134 before midnight of the twenty-ninth day preceding the date of the election. B. If the twenty-ninth day preceding the date of the election falls on a Saturday, Sunday or other legal holiday, voter registrations that are received on the next business day immediately following the Saturday, Sunday or other legal holiday are deemed to have been timely received for purposes of voting in that election. 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, if the person is at least eighteen years of age on or before the date of the election and has provided satisfactory evidence of citizenship as prescribed in section 16-166, shall 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 defined in 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. For the purposes of 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. 16-121.01. Requirements for proper registration; violation; classification 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, proof of location of residence as prescribed by section 16-123, the date and place 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 mark in the "yes" box next to the question regarding citizenship. Any application for registration, including an application on a form prescribed by the United States election assistance commission, must contain a checkmark or other appropriate mark in the "yes" box next to the question regarding citizenship as a condition of being properly registered to vote as either a voter who is eligible to vote a full ballot or a voter who is eligible to vote only with a ballot for federal offices. 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, a 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). Any application that does not include all of the information required to be on the registration form pursuant to section 16-152 and any application that is not signed is incomplete, and the county recorder shall notify the applicant pursuant to section 16-134, subsection B and shall not register the voter until all of the information is returned. 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. C. Except for a form produced by the United States election assistance commission, any application for registration shall be accompanied by satisfactory evidence of citizenship as prescribed in section 16-166, subsection F, and the county recorder or other officer in charge of elections shall reject any application for registration that is not accompanied by satisfactory evidence of citizenship. A county recorder or other officer in charge of elections who knowingly fails to reject an application for registration as prescribed by this subsection is guilty of a class 6 felony. The county recorder or other officer in charge of elections shall send a notice to the applicant as prescribed in section 16-134, subsection B. D. Within ten days after receiving an application for registration on a form produced by the United States election assistance commission that is not accompanied by satisfactory evidence of citizenship, the county recorder or other officer in charge of elections shall use all available resources to verify the citizenship status of the applicant and at a minimum shall compare the information available on the application for registration with the following, provided the county has access: 1. The department of transportation databases of Arizona driver licenses or nonoperating identification licenses. 2. The social security administration databases. 3. The United States citizenship and immigration services systematic alien verification for entitlements program, if practicable. 4. A national association for public health statistics and information systems electronic verification of vital events system. 5. Any other state, city, town, county or federal database and any other database relating to voter registration to which the county recorder or officer in charge of elections has access, including an electronic registration information center database. E. After complying with subsection D of this section, if the county recorder or other officer in charge of elections matches the applicant with information that verifies the applicant is a United States citizen, is otherwise qualified as prescribed by section 16-101 and has met the other requirements of this section, the applicant shall be properly registered. If the county recorder or other officer in charge of elections matches the applicant with information that the applicant is not a United States citizen, the county recorder or other officer in charge of elections shall reject the application, notify the applicant that the application was rejected because the applicant is not a United States citizen and forward the application to the county attorney and attorney general for investigation. If the county recorder or other officer in charge of elections is unable to match the applicant with appropriate citizenship information, the county recorder or other officer in charge of elections shall notify the applicant that the county recorder or other officer in charge of elections could not verify that the applicant is a United States citizen and that the applicant will not be qualified to vote in a presidential election or by mail with an early ballot in any election until satisfactory evidence of citizenship is provided. F. The county recorder or other officer in charge of elections shall record the efforts made to verify an applicant's citizenship status as prescribed in subsections D and E of this section. If the county recorder or other officer in charge of elections fails to attempt to verify the citizenship status of an applicant pursuant to subsections D and E of this section and the county recorder or other officer in charge of elections knowingly causes the applicant to be registered and it is later determined that the applicant was not a United States citizen at the time of registration, the county recorder or other officer in charge of elections is guilty of a class 6 felony. 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. 16-123. Proof of location of residence Except for persons who register pursuant to section 16-103, a person who registers to vote shall provide an identifying document that establishes proof of location of residence. Any of the identifying documents prescribed in section 16-579, subsection A, paragraph 1 constitutes satisfactory proof of location of residence. Compliance with this section does not satisfy the residency requirements in section 16-101 or 16-593 and only constitutes confirmation of the address on the applicant's application at the time of registration. A valid and unexpired Arizona driver license or nonoperating identification number that is properly verified by the county recorder satisfies the requirements of this section. 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. 16-127. Federal only voters; early ballot; eligibility; exemption A. Notwithstanding any other law: 1. A person who has registered to vote and who has not provided satisfactory evidence of citizenship as prescribed by section 16-166 is not eligible to vote in presidential elections. 2. A person who has not provided satisfactory evidence of citizenship pursuant to section 16-166 and who is eligible to vote only for federal offices is not eligible to receive an early ballot by mail. B. This section does not apply to an absent uniformed services voter or overseas voter as defined in the uniformed and overseas citizens absentee voting act (P.L. 99-410; 100 Stat. 924; 52 United States Code section 20310), as amended by the Ronald W. Reagan national defense authorization act for fiscal year 2005 (P.L. 108-375). 16-128. Clerk of the court; secretary of state; county recorder; notice of conviction Each month the clerk of the superior court shall transmit to the secretary of state without charge a record of every felony conviction in that county within the preceding month. This record shall include only the name of the person convicted and the person's date of birth, social security number, if available, usual legal residence and, if available, father's name or mother's maiden name. The secretary of state shall use the record for the sole purpose of canceling the names of convicted felons from the statewide voter registration database and shall notify the appropriate county recorder, and that county recorder shall cancel the voter registration of the convicted felon. 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. 16-132. Voter registration assistance; hunting, fishing, trapping licenses; definitions A. The department shall provide assistance with voter registration when accepting applications for a license. The department shall provide to the applicant with any online applications for a license a link to the department of transportation's voter registration webpage. Each department office that accepts applications for a license in person shall provide a voter registration form to the applicant. B. The secretary of state shall provide to the department voter registration forms and instructions to applicants to mail completed voter registration forms to the secretary of state. The secretary of state shall forward the completed voter registration forms to the appropriate county recorder to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the voter registration rolls. C. 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. D. Persons who act pursuant to this section are not considered to be deputy registrars under this title or any rules adopted under its authority. E. For the purposes of this section: 1. "Department" means the Arizona game and fish department. 2. "License" means a hunting, fishing or trapping license issued by the Arizona game and fish department pursuant to title 17, chapter 3. 16-133. Voter registration events; website posting (L21, Ch. 405, sec. 4) The secretary of state and each county recorder shall post on their public website a list of each event that the office of the secretary of state or the county recorder attends and provides voter registration services. Each event shall be posted on the public website within twenty-four hours after the secretary's or recorder's attendance at the event. 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 or C, shall state that the registration cannot be completed until the information is supplied. If the missing or illegible information is supplied before 7:00 p.m. on election day, that person is deemed to have been registered on the date the registration was first received. 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 by first class mail 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 the elector 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 allowed 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 allowed 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 seven calendar days after a general election that includes an election for a federal office and within five calendar 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 processed. 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. 16-138. Voter registration database; federal only voters; analysis; annual report; investigation (L21, Ch. 405, sec. 4) A. The secretary of state shall provide access to the statewide voter registration database to a person or entity that is designated by the legislature and to the election integrity unit of the attorney general's office for the purposes of determining whether the secretary of state's voter registration list maintenance procedures comply with federal law with respect to voters who are registered as voters eligible to vote only for federal offices. B. The person or entity that is designated by the legislature must be qualified in more than one state to analyze a state's voter registration rolls for compliance with federal law regarding voter registration list maintenance procedures. After completing its analysis, the person or entity shall report its findings to the president of the senate, the speaker of the house of representatives, the attorney general and the secretary of state. If the analysis determines that there are persons registered to vote who are not eligible to register to vote, the secretary of state shall notify the appropriate county recorder and the county recorder shall remove those persons from the voter registration rolls. C. Each county recorder shall submit an annual report to the speaker of the house of representatives and the president of the senate that contains the following regarding voters who are eligible to vote only for federal offices: 1. A description of the county recorder's procedures regarding registering those voters who are eligible to vote only for federal offices. 2. The number of voters in that county who are eligible to vote only for federal offices. 3. The number of those voters whose citizenship has been otherwise subsequently verified and whose status has changed to voters who are eligible to vote a full ballot. 4. A comprehensive description of the obstacles to obtaining voter registrants' documentary proof of citizenship that complies with this state's voter registration requirements and to changing their status to voters who are eligible to vote a full ballot. 5. The number of those voters who have been subsequently determined to be ineligible to vote in this state and who have been removed from the voter registration rolls. D. The attorney general and the county attorney shall investigate and prosecute, as appropriate, any person who is ineligible to register to vote and who knowingly registers to vote. 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. 16-143. Federal only voters; attorney general; investigation; report A. The secretary of state and each county recorder shall make available to the attorney general a list of all individuals who are registered to vote and who have not provided satisfactory evidence of citizenship pursuant to section 16-166 and shall provide, on or before October 31, 2022, the applications of individuals who are registered to vote and who have not provided satisfactory evidence of citizenship pursuant to section 16-166. B. The attorney general shall use all available resources to verify the citizenship status of the applicant and at a minimum shall compare the information available on the application for registration with the following: 1. The department of transportation databases of Arizona driver licenses or nonoperating identification licenses. 2. The social security administration databases. 3. The United States citizenship and immigration services systematic alien verification for entitlements program, if practicable. 4. A national association for public health statistics and information systems electronic verification of vital events system. 5. Any other state, city, town, county or federal database and any other database relating to voter registration to which the county recorder or officer in charge of elections has access, including an electronic registration information center database. C. The secretary of state shall provide the attorney general access to the United States citizenship and immigration services systematic alien verification for entitlements program for the purposes of this section. D. The attorney general shall prosecute individuals who are found to not be United States citizens pursuant to section 16-182. E. The attorney general shall submit a report to the secretary of state, the president of the senate, and the speaker of the house of representatives on or before March 31, 2023 detailing all findings relating to the citizenship status of individuals who are registered to vote and who have not provided satisfactory evidence of citizenship pursuant to section 16-166. 16-144. Same day voter registration prohibited; violation; classification A. Except for a person who properly registers to vote as prescribed by section 16-103 or 16-543.02, an agency, department or division of this state or any person acting on its behalf and any political subdivision of this state or any person acting on its behalf may not register a person to vote on an election day and deem that person eligible to vote in that election. B. A person who violates this section is guilty of a class 6 felony. 16-145. Automatic voter registration prohibited Unless otherwise provided by law, an agency, department or division of this state or any person acting on its behalf and any political subdivision of this state or any person acting on its behalf may not register a person to vote unless the person affirmatively requests to register to vote. 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 election assistance commission. 16-152. Registration form (Caution: 1998 Prop. 105 applies) 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. The form shall also include a line for the registrant's e-mail address (optional to registrant). 5. The registrant's party preference. The two largest political parties that are entitled to continued representation on the ballot shall be listed on the form in the order determined by calculating which party has the highest number of registered voters at the close of registration for the most recent general election for governor, then the second highest. The form shall allow the registrant to circle, check or otherwise mark the party preference and shall include a blank line for other party preference options. 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. 24. A statement that if the registrant permanently moves to another state after registering to vote in this state, the registrant's voter registration will be canceled. 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. Eligible persons, and any other registered voter who resides at the same residence address as the eligible person, may request that the general public be prohibited from accessing the eligible person's identifying information, including any of the following: 1. That person's documents and voting precinct number contained in that person's voter registration record. 2. If the person is a public official, the address of a property held in trust by the public official. B. Eligible persons 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. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall instead attach a copy of the order of protection or injunction against harassment. 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 identifying information 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 multiple filings, an eligible person who is a peace officer, prosecutor, public defender, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, 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, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly. D. On 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 that 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. The county recorder shall send by mail one notice to either the health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or the employing agency of the peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member who was granted an order pursuant to this section of the order's expiration date at least six months before the January 5 removal date. If the notice is sent to the employing agency, the employing agency shall immediately notify the person who was granted the order of the upcoming expiration date. The county recorder may coordinate with the county assessor and county treasurer to prevent multiple notices from being sent to the same person. G. On entry of the court order, the clerk of the superior court shall file the court order with the county recorder. On receipt of the court order the county recorder shall seal the voter registration of the persons listed in the court order not later than one hundred twenty days from the date of receipt of the court order. To include a subsequent voter registration in the court order, a person listed in the court order shall present to the county recorder at the time of registration a certified copy of the court order or shall provide the county recorder the recording number 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. On 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 or a program participant in the address confidentiality program pursuant to title 41, chapter 1, article 3, 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 not 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. On the renewal of the certification of a program participant in the address confidentiality program pursuant to title 41, chapter 1, article 3, the county recorder shall continue or renew the sealing of the voter registration record of the person who is protected and, on request any other household resident who is certified as a program participant pursuant to section 41-163, subsection D and who is a registered voter. The voter registration record of a program participant in the address confidentiality program pursuant to title 41, chapter 1, article 3 shall remain sealed after the death of the program participant. K. For the purposes of this section: 1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes. 2. "Commissioner" means a commissioner of the superior court or municipal court. 3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates. 4. "Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407. 5. "Eligible person" means a health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, justice, judge, commissioner, hearing officer, public defender, prosecutor, member of the commission on appellate court appointments, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety. 6. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office. 7. "Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33. 8. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553. 9. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court. 10. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace. 11. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings. 12. "Peace officer": (a) Has the same meaning prescribed in section 1-215. (b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law. 13. "Prosecutor" means a current or former United States attorney, county attorney, municipal prosecutor or attorney general and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general. 14. "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. 15. "Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office. 16-161. Official record of registration; federal form; reporting A. 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. B. On the dates prescribed by section 16-168, subsection G, the county recorder shall report to the secretary of state and shall prominently post on the recorder's website the number of persons who are registered to vote using the federal or state voter registration form and who have not provided proof of citizenship to the county recorder and, after each general electi