Big Idea

• Governor Ducey has signed legislation ensuring only US citizens vote in Arizona’s elections. 
• This is meant to protect the state’s voters and strengthen election integrity
• Ducey wants to ensure every lawful vote is counted, but illegal votes are prohibited
• County recorders must reject state voter registration without proof of citizenship
• Read more...

Every lawful vote counted… prohibition on illegal votes

PHOENIX — Governor Doug Ducey today signed legislation to ensure only U.S. citizens vote in Arizona’s elections, further protecting the state’s voters and strengthening election integrity.

“Election integrity means counting every lawful vote and prohibiting any attempt to illegally cast a vote,” Governor Ducey said in a letter explaining his support for the legislation. This bill “is a balanced approach that honors Arizona’s history of making voting accessible without sacrificing security in our elections.” 

House Bill (H.B.) 2492, sponsored by Rep. Jake Hoffman, requires Federal Only Voters, who are only eligible for casting a vote in federal elections, in Arizona to provide documentary proof of citizenship (DPOC). If they do not, they will not be eligible to vote in a presidential election or by mail. County recorders must also reject state voter registration applications that do not include proof of citizenship. 

“Federal law prohibits non-citizens from voting in federal elections. Arizona law prohibits non-citizens from voting for all state and local offices, and requires proof of citizenship,” Governor Ducey said in the letter. “H.B. 2492 provides clarity to Arizona law on how officials process federal form voter registration applications that lack evidence of citizenship.”

Additionally, the legislation adds relevant databases that counties must check so voter rolls are well maintained. It also ensures the Arizona Attorney General has the information needed to enforce violations of election integrity. 

Background

The number of Federal Only Voters registering to vote without providing DPOC has risen substantially. In 2020, more than 11,600 Federal Only Voters in Arizona participated in the general election without providing proof of citizenship. In Maricopa County alone, there are currently 13,042 active registered voters who have not provided evidence of citizenship to vote through use of the federal form.

H.B. 2492 codifies steps that counties must take in order to best ensure that voters in Arizona provide DPOC to vote in a presidential election and vote by mail. 

Arizona Election Integrity

The Governor’s signing of H.B. 2492 is in addition to a number of actions he took during the 2021 Legislative Session to protect Arizona voters, including signing:

• S.B. 1002 to specify that the early ballot envelope must also not reveal the voter’s political party affiliation. 

• S.B. 1003 to require the county recorder or other officer in charge of elections to make reasonable efforts to contact the elector and advise them of the missing signature on an early ballot envelope.

• S.B. 1485 to rename Permanent Early Voting List (PEVL) to Active Early Voting List (AEVL). Under this legislation, if a voter on the AEVL actively votes by mail, they will continue to receive an early ballot. If a voter on the AEVL does not return at least one early ballot over the course of four years (two consecutive primary elections and general elections, and any municipal elections that precede them) the voter will be sent a postcard asking if they still want to receive an early ballot.

• S.B. 1492 to require for initiatives and referendums that a Proposition 105 notice be printed by the Secretary of State in the publicity pamphlet, in bold-faced type immediately below the Legislative Council analysis of the initiative or referendum.

• S.B. 1530 to make a simple change regarding the envelopes that early ballots are mailed in, requiring the envelope that the ballot is mailed in state: “If the addressee does not reside at this address, mark the unopened envelope 'Return to Sender' and deposit it in the United States Mail”.

• S.B. 1714 to make several changes and additions to statute regarding campaign expenditures for out-of-state contributors as it relates to advertisements.

• H.B. 2054 to require, rather than allow, the Arizona Secretary of State to compare the death records transmitted annually by the Arizona Department of Health Services with the Statewide Voter Registration Database.

• H.B. 2307 to require the county board of supervisors, if the voting equipment used for an election rejects over-voted ballots or ballots containing irregularities, to provide a written notice on or near the voting equipment in clear view that advises if the voter chooses to override the overvoted office or measure or any other ballot irregularity, then the voter’s vote for that office or measure will not be tallied.

• H.B. 2308 to make a number of changes to recall petition submissions and circulations as well as to recall elections. The bill creates consistency between initiatives, referenda and recalls. 

• H.B. 2359 to require voting machines and electronic pollbooks containing data ports, plugs, doors, and other methods of physical or electronic access to be secured in a manner preventing unauthorized access to the voting machine or electronic pollbook during an election.

• H.B. 2362 to require an election board judge to give a ballot privacy folder to a qualified elector along with the elector’s ballot when voting at a polling location. This bill specifies that a voter is not required to accept or use a ballot privacy folder.

• H.B. 2363 to allow a city or town to train its own election employees if the training program is approved by the Secretary of State.

• H.B. 2364 to add to the identification requirements for informational and publicity pamphlet submissions for school district override, initiative and bond elections.

• H.B. 2569 to prohibit the state, city, town, county, school district or other public body that conducts or administers elections from receiving or expending private monies for preparing, administering or conducting an election, including registering voters.

• H.B. 2794 to stipulate that a political subdivision, agent or officer of this state or any other governmental entity may not alter or agree to alter any deadline, submittal date, filing date or other election-related date that is provided for in statute.

• H.B. 2905 to prohibit a county recorder, city or town clerk or other election officer from delivering or mailing an early ballot to a person who has not requested an early ballot for that election or a person who is not on the active early voting list. Any violation by an election officer will be classified as a class 5 felony.

The Governor last year also vetoed H.B. 2360, which would have directed the Secretary of State to maintain and operate the driver license voter registration system with a committee of county recorders by December 31, 2021.

View Governor Ducey’s signing letter for H.B. 2492 HERE.

From State Representative Jake Hoffman, sponsor of the legislation: 

Historic Day: Arizona Enacts Law Requiring Citizenship to Vote

STATE CAPITOL, PHOENIX – State Representative Jake Hoffman today celebrated the enactment of HB 2492, legislation he sponsored that requires proof of U.S. citizenship to vote in Arizona elections.

“Today is a historic day for Arizona and a great victory for Arizonans and all Americans alike. The signing into law of Arizona House Bill 2492, which requires verification of U.S. citizenship to be eligible to vote in Arizona elections, is a giant step toward ensuring elections are easy, convenient, and secure in our state.

“HB 2492 is an incredibly well-crafted piece of legislation that is on sound legal footing and broadly supported by voters of all political parties.  I am confident that should Democrats challenge HB 2492 in court it will only serve to further reinforce its clear constitutionality.”

Jake Hoffman is a Republican member of the Arizona House of Representatives serving Legislative District 12, encompassing Gilbert & Queen Creek, and parts of Pinal County.