AMENDING SECTIONS 16-152, 16-166 AND 16-579, ARIZONA REVISED STATUTES; AMENDING TITLE 46, CHAPTER 1, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 46-140.01; RELATING TO THE ARIZONA TAXPAYER AND CITIZEN PROTECTION ACT.
Be it enacted by the People of the State of Arizona:
Section 1. Short title
This act may be cited as the "Arizona Taxpayer
and Citizen Protection Act".
Sec. 2. Findings and declaration
illegal immigration is encouraged by public agencies
within this state that provide public benefits
without verifying immigration status. This state
further finds that illegal immigrants have been given a safe haven in this
state with the aid of identification cards that are issued without verifying
immigration status, and that this conduct contradicts federal immigration
policy, undermines the security of our borders and demeans the value of
citizenship. Therefore, the people of this state declare that the public
interest of this state requires all public agencies within this state to
cooperate with federal immigration authorities to discourage illegal
immigration.
Sec. 3. Section 16-152, Arizona Revised Statutes, is
amended to read:
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 given name of the registrant, middle name, if
any, and surname.
3. Complete address of 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. Complete mailing address, if different from
residence address, including post office address, city or town, zip code or
other designation used by the registrant for receiving mail.
5. Party preference.
6. Telephone number, unless unlisted.
7. State or country of birth.
8. Date of birth.
9. Occupation.
10. Indian census number (optional to registrant).
11. Father's name or mother's maiden name.
12. The last four digits of the registrant's social
security number (optional to registrant).
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. A statement that the registrant is a citizen of
the United States.
15. A statement that the registrant will be eighteen
years of age on or before the date of the next general election.
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 ballot to be
verified 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 12-1810 or 13-3602 and, if verified, to
protect the registrant's residence address, telephone number or voting precinct
number, if appropriate, from public disclosure.
Sec. 4. Section 16-166, Arizona Revised Statutes, is
amended to read:
16-166. Verification of registration
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.
Sec. 5. Section 16-579, Arizona Revised Statutes, is
amended to read:
16-579. Procedure for obtaining ballot by elector
A. Every qualified elector, before receiving his
ballot, shall announce his name and place of residence in a clear, audible tone
of voice to the election official in charge of the signature roster or present
his name and residence in writing AND SHALL PRESENT ONE FORM OF IDENTIFICATION
THAT BEARS THE NAME, ADDRESS AND PHOTOGRAPH OF THE ELECTOR OR TWO DIFFERENT
FORMS OF IDENTIFICATION THAT BEAR THE NAME AND ADDRESS OF THE ELECTOR. If the
name is found upon the precinct register by the election officer having charge
thereof, or the qualified elector presents a certificate from the county
recorder showing that he is entitled by law to vote in the precinct, the
election official in charge of the signature roster shall repeat the name and
the qualified elector shall be allowed within the voting area.
B. Any qualified elector who is listed as having
applied for an early ballot but who states that he has not voted and will not
vote an early ballot for this election or surrenders the early ballot to the
precinct inspector on election day shall be allowed to vote pursuant to the
procedure set forth in section 16-584.
C. Each qualified elector's name shall be numbered
consecutively by the clerks, with the number upon the stub of the ballot
delivered to him, and in the order of applications for ballots. The election
judge having charge of the ballots shall also write his initials upon the stub
and the number of the qualified elector as it appears upon the precinct
register. The judge shall give the qualified elector only one ballot, and his
name shall be immediately checked on the precinct register.
D. Each qualified elector shall sign his name in the
signature roster prior to receiving his ballot, but an inspector or judge may
sign the roster for an elector who is unable to sign because of physical
disability, and in that event the name of the elector shall be written with red
ink, and no attestation or other proof shall be necessary. The provisions of
this subsection relating to signing the signature roster shall not apply to
electors casting a ballot using early voting procedures.
E. A person offering to vote at a special district
election for which no special district register has been supplied shall sign an
affidavit stating his address and that he resides within the district
boundaries or proposed district boundaries and swearing that he is a qualified
elector and has not already voted at the election being held.
Sec. 6. Title 46, chapter 1, article 3, Arizona
Revised Statutes, is amended by adding section 46-
140.01, to read:
46-140.01. Verifying applicants for public
benefits; violation; classification; citizen suits
A. AN AGENCY OF THIS STATE AND ALL OF ITS POLITICAL
SUBDIVISIONS,
INCLUDING LOCAL GOVERNMENTS, THAT ARE RESPONSIBLE FOR THE ADMINISTRATION OF STATE AND LOCAL PUBLIC BENEFITS THAT ARE NOT FEDERALLY MANDATED SHALL DO ALL OF THE FOLLOWING:
1. VERIFY THE IDENTITY OF EACH APPLICANT FOR THOSE
BENEFITS AND VERIFY THAT THE APPLICANT IS ELIGIBLE FOR BENEFITS AS PRESCRIBED
BY THIS SECTION.
2. PROVIDE ANY OTHER EMPLOYEE OF THIS STATE OR ANY OF
ITS POLITICAL
SUBDIVISIONS WITH INFORMATION TO VERIFY THE
IMMIGRATION STATUS OF ANY
APPLICANT FOR THOSE BENEFITS AND ASSIST THE EMPLOYEE
IN OBTAINING THAT INFORMATION FROM FEDERAL IMMIGRATION AUTHORITIES.
3. REFUSE TO ACCEPT ANY IDENTIFICATION CARD ISSUED BY
THE STATE OR ANY
POLITICAL SUBDIVISION OF THIS STATE, INCLUDING A
DRIVER LICENSE, TO ESTABLISH IDENTITY OR DETERMINE ELIGIBILITY FOR THOSE
BENEFITS UNLESS THE ISSUING AUTHORITY HAS VERIFIED THE IMMIGRATION STATUS OF
THE APPLICANT.
4. REQUIRE ALL EMPLOYEES OF THE STATE AND ITS
POLITICAL SUBDIVISIONS TO
MAKE A WRITTEN REPORT TO FEDERAL IMMIGRATION
AUTHORITIES FOR ANY VIOLATION OF FEDERAL IMMIGRATION LAW BY ANY APPLICANT FOR
BENEFITS AND THAT IS DISCOVERED BY THE EMPLOYEE.
B. FAILURE TO REPORT DISCOVERED VIOLATIONS OF FEDERAL
IMMIGRATION LAW
BY AN EMPLOYEE IS A CLASS 2 MISDEMEANOR. IF THAT
EMPLOYEE'S SUPERVISOR KNEW OF THE FAILURE TO REPORT AND FAILED TO DIRECT THE
EMPLOYEE TO MAKE THE REPORT, THE SUPERVISOR IS GUILTY OF A CLASS 2 MISDEMEANOR.
C. THIS SECTION SHALL BE ENFORCED WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY OR NATIONAL ORIGIN. ANY PERSON WHO IS A RESIDENT OF THIS STATE SHALL HAVE STANDING IN ANY COURT OF RECORD TO BRING SUIT AGAINST ANY AGENT OR AGENCY OF THIS STATE OR ITS POLITICAL SUBDIVISIONS TO REMEDY ANY VIOLATION OF ANY PROVISION OF THIS SECTION, INCLUDING AN ACTION FOR MANDAMUS. COURTS SHALL GIVE PREFERENCE TO ACTIONS BROUGHT UNDER THIS SECTION OVER OTHER CIVIL ACTIONS OR PROCEEDING PENDING IN THE COURT.
Sec. 7. Severability
If a provision of this act or its application to any
person or circumstance is held invalid, the invalidity does not affect other provisions
or applications of the act that can be given effect without the invalid
provision or application, and to this end the provisions of this act are
severable.