Arizona 2022 2022 Regular Session

Arizona Senate Bill SCR1005 Comm Sub / Analysis

Filed 01/20/2022

                    Assigned to GOV 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
FACT SHEET FOR S.C.R. 1005 
 
federal ballot voters; identification 
Purpose 
 Subject to voter approval, statutorily prohibits an elector who registered to vote using a 
federal voter registration form from receiving a ballot unless the elector provides statutorily 
required identification and specified documentation verifying the elector's citizenship.  
Background 
In order to be eligible to vote in Arizona, a person must be a citizen of the United States 
(A.R.S. § 16-101; Ariz. Const. art. 7, § 2). A person is presumed to be properly registered to vote 
on completion of a registration form that contains certain identifying information and a checkmark 
or other appropriate indicator that the person answered "yes" to the citizenship question  
(A.R.S. § 16-121.01). A registrant must additionally provide documentary proof of citizenship in 
order to be registered as a full-ballot voter who is entitled to vote for federal, state, county, and 
local races and ballot measures. A registrant who is otherwise eligible to vote, but who does not 
submit documentary proof of citizenship, must be registered as a federal-only voter that is only 
eligible to vote in races for federal offices in Arizona (EPM Ch. 1 (II)(A)).  
Acceptable documentary proof of citizenship includes: 1) the registrant's driver license or 
nonoperating identification license number; 2) the registrant's birth certificate; 3) a copy of the 
registrant's U.S. passport; 4) the registrant's U.S. naturalization documents or certificate of 
naturalization number; 5) the applicant's Bureau of Indian Affairs or tribal treaty card number or 
tribal enrollment number; or 6) other documents or methods of proof established pursuant to the 
Immigration Reform and Control Act of 1986 (A.R.S. § 16-166). In order to receive a ballot at a 
polling location an elector must present: 1) a valid form of identification bearing their photograph, 
name and address; 2) two different items containing the name and address of the elector that is the 
same name and address in the precinct register; or 3) a valid form of identification that does not 
appear to be the same address as in the precinct register and one item containing the name and 
address of the elector that is the same as in the precinct register (A.R.S. § 16-579).  
In 2004, Arizona voters passed Proposition 200 which, in part, prohibited a county recorder 
from accepting any voter registration application that is not accompanied by satisfactory evidence 
of U.S. citizenship (Proposition 200). In 2012, the U.S. Supreme Court held that Arizona's 
evidence-of-citizenship requirement included in Proposition 200, as applied to the federal voter 
registration form, is pre-empted by the National Voter Registration Act's mandate that states accept 
and use the federal form (Arizona v. Inter Tribal Council of Arizona, Inc, 570 U.S. 1 (2013)).  
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
  FACT SHEET 
S.C.R. 1005 
Page 2 
 
 
Provisions 
1. Prohibits an elector who is registered to vote using a federal voter registration form and who 
has not provided proof of citizenship to the county recorder from receiving a ballot unless the 
elector provides statutorily required identification and proof of citizenship by presenting: 
a) the elector's driver license or nonoperating identification license issued after October 1, 
1996, by the Arizona Department of Transportation or equivalent government agency from 
another state that indicates on the license that the person has provided satisfactory proof of 
citizenship; 
b) the elector's birth certificate that verifies citizenship; 
c) the elector's U.S. passport, U.S. naturalization documents or certificate of naturalization; 
d) other documents or methods of proof of citizenship established pursuant to the Immigration 
Reform and Control Act of 1986; or 
e) the elector's Bureau of Indian Affairs card number, tribal treaty card number or tribal 
enrollment number.  
2. Makes technical and conforming changes. 
3. Requires the Secretary of State to submit the proposition to the voters at the next general 
election.  
4. Becomes effective if approved by the voters and on proclamation of the Governor.    
Prepared by Senate Research 
January 20, 2022 
MH/slp