Arkansas 2025 Regular Session

Arkansas House Bill HB1422 Latest Draft

Bill / Draft Version Filed 02/06/2025

                            Stricken language would be deleted from and underlined language would be added to present law. 
*ZRC051* 	02/06/2025 8:20:00 AM ZRC051 
State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1422 3 
 4 
By: Representative Long 5 
By: Senator M. Johnson 6 
 7 
For An Act To Be Entitled 8 
AN ACT TO CREATE THE ONLY CITIZENS VOTE ACT; TO 9 
MODIFY THE CONTENTS OF DRIVER'S LICENSES; TO AMEND 10 
THE CONTENTS OF A DRIVER'S LICENSE FOR CERTAIN 11 
NONCITIZENS; TO CREATE A TRAINING REQUIREMENT FOR 12 
ELECTION OFFICIALS REGARDING THE DRIVER'S LICENSES OF 13 
CERTAIN NONCITIZENS; TO CREATE A REPORTING 14 
REQUIREMENT FOR THE DRIVER'S LICENSES OF CERTAIN 15 
NONCITIZENS; TO AMEND ARKANSAS CONSTITUTION, 16 
AMENDMENT 51, SECTION 13; AND FOR OTHER PURPOSES. 17 
 18 
 19 
Subtitle 20 
TO CREATE THE ONLY CITIZENS VOTE ACT; TO 21 
AMEND THE LAW CONCERNING THE DRIVER'S 22 
LICENSES OF CERTAIN NONCITIZENS; AND TO 23 
AMEND ARKANSAS CONSTITUTION, AMENDMENT 24 
51, SECTION 13. 25 
 26 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27 
 28 
 SECTION 1.  DO NOT CODIFY.  Title. 29 
 This act shall be known and may be cited as the "Only Citizens Vote 30 
Act". 31 
 32 
 SECTION 2.  Under the authority permitted under Arkansas Constitution, 33 
Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 13(b)(1)(C), 34 
concerning verification of voter registration, is amended to read as follows: 35 
 (C) Documents and identification cards that comply with 36    	HB1422 
 
 	2 	02/06/2025 8:20:00 AM ZRC051 
the requirements of subdivision (b)(1)(A) of this section include without 1 
limitation: 2 
 (i) A driver's license , except as provided by 3 
Arkansas Code § 27-16-801(b)(2)(C); 4 
 (ii) A photo identification card; 5 
 (iii) A concealed handgun carry license; 6 
 (iv) A United States passport; 7 
 (v) An employee badge or identification document 8 
issued by an accredited postsecondary educational institution in the State of 9 
Arkansas; 10 
 (vi) A United States military identification 11 
document; 12 
 (vii) A public assistance identification card if the 13 
card shows a photograph of the person to whom the document or identification 14 
card was issued; and 15 
 (viii) A voter verification card under Arkansas Code 16 
§ 7-5-324. 17 
 18 
 SECTION 3.  Arkansas Code § 7 -1-101(40)(C)(i), concerning the documents 19 
and identification cards that meet the definition of "verification of voter 20 
registration" used in relation to elections, is amended to read as follows: 21 
 (i)  A driver's license , except as provided under § 22 
27-16-801(b)(2)(C); 23 
 24 
 SECTION 4.  Arkansas Code § 7 -4-109(e)(2)(D), concerning the 25 
qualifications of state and county election commissioners, election 26 
officials, poll workers, and certified election monitors, is amended to read 27 
as follows: 28 
 (D)(i) The State Board of Election Commissioners shall 29 
promulgate rules under the Arkansas Administrative Procedure Act, § 25	-15-201 30 
et seq., concerning the training requirements, materials, and examination of 31 
essential skills. 32 
 (ii)  The training required under subdivision 33 
(e)(2)(D)(i) of this section shall include instruction on recognizing and 34 
refusing the acceptance of driver's licenses that are not valid for voter 35 
identification purposes under § 27 -16-801(b)(2)(C). 36    	HB1422 
 
 	3 	02/06/2025 8:20:00 AM ZRC051 
 1 
 SECTION 5.  Arkansas Code Title 7, Chapter 5, Subchapter 1, is amended 2 
to add an additional section to read as follows: 3 
 7-5-113.  Reporting of persons holding a noncitizen driver's license. 4 
 (a)  The Secretary of the Department of Finance and Administration 5 
shall prepare and deliver to the Secretary of State a monthly report listing 6 
the names and identifying information of each person holding a driver's 7 
license who has a valid, unexpired nonimmigrant visa or nonimmigrant visa 8 
status for entry into the United States. 9 
 (b)(1)  Upon receipt of the report prepared under subsection (a) of 10 
this section, the Secretary of State shall verify if any person listed in the 11 
report is listed in the voter registration record files maintained by the 12 
Secretary of State. 13 
 (2)  If a person listed in the Secretary of the Department of 14 
Finance and Administration's monthly report is found to be registered as a 15 
voter in the Secretary of States's voter registration record files:  16 
 (A)  The Secretary of State shall notify the county clerk 17 
of the county in which the person is registered to vote of the identity of 18 
that person; 19 
 (B)  The county clerk of the county who receives 20 
notification of a person under subdivision (b)(2)(A) of this section shall 21 
cancel the registration to vote of the person identified under subdivision 22 
(b)(2)(A) of this section; and 23 
 (C)  The Secretary of State shall notify the Secretary of 24 
the Department of Finance and Administration of the identity of a person who 25 
was found to be registered as a voter in the Secretary of State's voter 26 
registration files and who had their voter registration canceled under 27 
subdivision (b)(2)(B) of this section. 28 
 (c)  Upon a notification under subdivision (b)(2)(A) of this section, 29 
the Secretary of the Department of Finance and Administration shall 30 
immediately suspend the driver's license of the person who is listed in the 31 
Secretary of the Department of Finance's monthly report and is registered as 32 
a voter in the voter registration record files maintained by the Secretary of 33 
State under § 27-16-907. 34 
 35 
 SECTION 6.  Arkansas Code § 27 -16-801(a)(1), effective February 1, 36    	HB1422 
 
 	4 	02/06/2025 8:20:00 AM ZRC051 
2025, concerning the types of licenses that may be issued by the Office of 1 
Driver Services, is amended to add an additional subdivision to read as 2 
follows: 3 
 (C)  A license issued to a person who has a valid, 4 
unexpired nonimmigrant visa or nonimmigrant visa status for entry into the 5 
United States shall expire no later than the expiration date of the valid, 6 
unexpired nonimmigrant visa or nonimmigrant visa status for entry into the 7 
United States. 8 
 9 
 SECTION 7.  Arkansas Code § 27 -16-801(b)(1), effective February 1, 10 
2025, concerning the contents required to be contained on the face of a 11 
driver's license, is amended to add an additional subdivision to read as 12 
follows: 13 
 (C)  If the licensee has a valid, unexpired nonimmigrant 14 
visa or nonimmigrant visa status for entry into the United States, the 15 
license shall clearly display on its face the phrase "Non -Citizen". 16 
 17 
 SECTION 8.  Arkansas Code § 27 -16-801(b)(2)(C), effective February 1, 18 
2025, concerning the purposes for which a driver's license is valid, is 19 
amended to read as follows: 20 
 (C)(i)  A license issued under subdivision (a)(1)(C) or 21 
subdivision (b)(2)(B) of this section is not valid for: 22 
 (a)  Federal identification purposes; or 23 
 (b)  Voter identification purposes. 24 
 (ii)  The license issued under subdivision (a)(1)(C) 25 
or subdivision (b)(2)(B) of this section shall clearly display on its face 26 
the phrase “Not valid for federal identification purposes or voter 27 
identification purposes”. 28 
 29 
 SECTION 9.  Arkansas Code § 27 -16-801(e), effective February 1, 2025, 30 
concerning the administrative requirements for the issuance of a driver's 31 
license, is amended to add an additional subdivision to read as follows: 32 
 (6)(i)  A license issued to a person who has a valid, unexpired 33 
nonimmigrant visa or nonimmigrant visa status for entry into the United 34 
States shall be distinctive in appearance from the regular driver's license 35 
issued to a person who is twenty -one (21) years of age or older. 36    	HB1422 
 
 	5 	02/06/2025 8:20:00 AM ZRC051 
 (ii)  A license issued to a person who has a valid, 1 
unexpired nonimmigrant visa or nonimmigrant visa status for entry into the 2 
United States shall be printed in a vertical or portrait format. 3 
 4 
 SECTION 10.  Arkansas Code § 27-16-907(b), concerning the basis for 5 
suspending a license by the Office of Driver Services, is amended to add an 6 
additional subdivision to read as follows: 7 
 (9)  Was found by the Secretary of State under § 7 -5-113 to be: 8 
 (A)  Registered as a voter in the voter registration record 9 
files maintained by the Secretary of State; and 10 
 (B)  Listed in the monthly report of the Secretary of the 11 
Department of Finance and Administration listing each person holding a 12 
driver's license who has a valid, unexpired nonimmigrant visa or nonimmigrant 13 
visa status for entry into the United States. 14 
 15 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 25 
 26 
 27 
 28 
 29 
 30 
 31 
 32 
 33 
 34 
 35 
 36