AZ League Data Portal

  1. CHAPTER 3 – VOTERS
    1. Who is “Eligible” to Vote?
    2. Who is Qualified to Register to Vote?3
    3. What is the “Residence” of the Voter?
    4. What Happens to Residency When Boundaries Change?
    5. How Does a Person Provide Proof of Citizenship?
    6. Who maintains voter registration lists?
    7. How do voters provide proof of I.D. at the polls?
    8. Are voter records confidential?
    9. What are the voter rights?
  2. CHAPTER 3 – FOOTNOTES

CHAPTER 3 – VOTERS

Who is “Eligible” to Vote?

A city or town clerk has no statutory duty to determine the qualifications of voters.

For voter eligibility requirements, please see the Secretary of State Elections Procedures Manual.

Who Can Register to Vote?3

A city or town clerk has no statutory duty to register any voter or determine whether a person is qualified to register to vote.

For voter registration requirements, please see the Secretary of State Elections Procedures Manual.

What is the “Residence” of the Voter?

In general, the “residence” of a person is that place in which their habitation is fixed and to which they have the intention of returning.

  • For voter purposes, “resident” of Arizona means an individual: (1) with “actual physical presence” in Arizona for the 29-day period preceding the election and (2) who intends to remain in this state.11
  • A “resident” of a city or town means the individual has “actual physical presence” within the boundaries (or proposed boundaries12a 12b 12c of the city or town for at least 29 days prior to the election and intends to remain in that city or town.13a 13b Charter cities may have additional requirements.14

A person who is otherwise qualified to register to vote cannot be refused registration or declared ineligible to vote solely because the person does not live in a fixed, permanent, or private structure.15 A person who does not reside at a fixed, permanent, or private structure may use any of the following places as their registration address:16 

  1. a homeless shelter17 “Homeless shelter” is defined as “a supervised publicly or privately operated shelter designed to provide temporary living accommodations to individuals who lack a fixed, regular and adequate nighttime residence.” A.R.S. § 16-121(D).
  2. the place at which the registrant is a resident;
  3. the county courthouse in the county in which the registrant resides; or 
  4. a general delivery address for a post office covering the location where the registrant is a resident.

A registrant may be temporarily absent from the jurisdiction without losing their residency status if the registrant has an intent to return.18 For example:

  • A person does not gain or lose their residency status by reason of their presence at, or absence from, a place while employed in the service of the United States or of this state, or while engaged in overseas navigation, or while a student at an institution of learning, or while kept in prison or mental institution.19
  • A person does not lose their residency status by traveling to another county, state, or foreign country for temporary purposes, with the intention of returning.20
  • A person does not gain residency status in any county they travel to for temporary purposes, without the intention of making that county their home.21
  • If a person moves to another state with the intention of making it their residence, they lose residency in this state.22
  • If a person moves to another state with the intention of making it their current residence and remaining there for an indefinite time, the person loses residency in this state even though they have an intention of returning at some future period.23
  • The place where a person’s family permanently resides is their residence (unless separated from their family) but is not their residence if it serves as a temporary location or is used for transient purposes.24
  • Residency status for federal employees and military personnel is neither gained nor lost by reason of their federal employment. Non-resident military personnel who are stationed in Arizona also do not automatically gain Arizona residency by virtue of their military assignment in Arizona.25a 25b
  • If a registrant moves to a different state during the 29-day period preceding the next election, the registrant is not a qualified elector (and is therefore ineligible to vote) in Arizona. However, a registrant retains the right to vote in Arizona for President of the United States (and no other races) at the general election during a Presidential election year.26a 26b 26c 26d Requesting a presidential-only ballot requires the county recorder to cancel the registrant’s record “promptly” following the general election.27
  • If a registrant moves to a different county during the 29-day period preceding the next election, the registrant remains a qualified elector in the former county for that election and must vote in the former county.28
  • If a registrant moves to a different precinct within the same county during the 29-day period preceding the next election, the registrant remains a qualified elector for the next election. If the registrant updates their residence address prior to the creation of the signature rosters or e-pollbook rosters, a county recorder may update the registrant’s record with the updated residence address in the voter registration database and the voter will be permitted to vote a regular ballot at their new voting precinct. The registrant is also entitled to update their address at the appropriate polling place for the voter’s new address and then vote a provisional ballot on Election Day.29a 29b 29c
  • In the case of a change to the registrant’s name, the registrant can also correct the name by providing the new name while voting a provisional ballot pursuant to 16-584 at the polling place.30

Anyone who knowingly procures a false registration is guilty of a Class 6 felony.31 It is also a Class 5 felony for a voter to knowingly vote in more than one jurisdiction in this state for which residency is required for lawful voting and the person is not a resident of all jurisdictions in which the person voted.32

What Happens to Residency When Boundaries Change?

If jurisdictional boundaries change during the 29-day period preceding the election, a registrant must have residency within the new boundaries to vote in the next election in that new jurisdiction. This applies to boundary changes brought about by annexation.33a 33b 33c 

A registrant who previously resided in a county island, but whose property was annexed into a city or town during the 29-day period preceding an election, is qualified to vote in the city or town’s next election if the registrant resided in the city or town’s new boundaries during the 29-day period before the election.34 

For changes in precinct boundaries due to redistricting, see A.R.S. § 16-165.35

How Does a Person Provide Proof of Citizenship TO REGISTER AS A VOTER?

Voter registration requires the applicant to provide proof of U.S. citizenship as prescribed in A.R.S. § 16–166 to be eligible for a “full ballot.”36a 36b 

For U.S. citizenship requirements for voter registration, please see the Secretary of State Elections Procedures Manual.

Who maintains voter registration lists?

Voter registration lists rolls are maintained by the counties and may be used by cities and towns to conduct local elections.45a 45b 

For local elections, an intergovernmental agreement (or contract) between the municipality and the county will typically address the county’s responsibility to provide these voter registration lists and any fee obligation. Otherwise, cities and towns will typically enter into an intergovernmental agreement (or contract) with the county recorder to obtain the city’s or town’s registration list.46 

How do voters provide proof of I.D. at the polls?

Every qualified elector is required to show proof of identity at the polling place before receiving a regular ballot.

For I.D. requirements at the polls, please see the Secretary of State Elections Procedures Manual.

Are voter records confidential?

The law prohibits use of precinct registers and certain information derived from the registration forms from being used for any purpose other than political activity, elections, performance of an authorized government official’s duties and news gathering unless specifically authorized by law.50a 50b

The county recorder is responsible for maintaining voter registration lists.51 Public inspection of voter registration records at the county recorder’s office may be permissible, although certain personal information is confidential.52

The county recorder must seal the voter registration record of registered voters who have obtained an injunction against harassment, or an order of protection issued by the court. The sealed record requirement applies to any other registered voter in the household. The presiding judge of the superior court may also order the county recorder to seal the voter registration information of certain public officers including judges, commissioners, peace officers, prosecutors, public defenders, or any registered voter who resides at the same residence address as a protected person. 

What are the voter rights?

The Arizona Constitution provides the voters with distinct rights:

  1. All electors are immune from arrest except for treason, felony, or breach of the peace, while attending an election or going to or from an election.53
  2. No elector is required to perform military duty on Election Day, except during war or during times of public danger; therefore, no elector need attend a National Guard meeting during peacetime on Election Day.54a 54b
  3. All electors are guaranteed secrecy in casting their ballots.55a 55b
  4. No person who is qualified to vote in any state, county, city, town, or school district election will be denied the right to vote because of race, color, religion, sex, ancestry or national origin.56
  5. Employees are allowed absence from their regular employment on Election Day for the purpose of casting their ballots if they do not have 3 hours from the opening of the polls until the beginning of the work shift or from the end of the work shift until the closing of the polls.57a 57b 57c In such case, the employee is only allowed the time needed to provide a 3-hour period from either the opening or closing of the polls and the beginning or end of the work shift.58

CHAPTER 3 – FOOTNOTES

  1. A.R.S. § 16-101(A)(2). A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” Under existing law, a registrant who used a Federal Form and does not submit DPOC is eligible to vote for federal offices only and cannot sign state/local candidate, initiative, referendum, and recall petitions. Voter Registration, Ariz. Op. Atty. Gen. No. I13-011 (2013). Starting January 1, 2023, a registrant must submit DPOC to be eligible to vote for either ballot. See H.B. 2492 voter registration; verification; citizenship (Chapter 99). H.B. 2492 is the subject of four lawsuits.
  2. A.R.S. § 16-121(A). Currently, adjustments to voter rolls are periodic with no specific time frame in statute. Starting on September 24, 2022, specific obligations are imposed on the Attorney General and county recorders regarding the cancelation of voter registration and removal of registrants from the Active Early Voters List or “AEVL” (S.B. 1477, H.B. 2243, S.B. 1260).
  3. The voter registration law should be construed to uphold the citizen’s right to vote. Abbey v. Green, 28 Ariz. 53, 72 (1925).
  4. Ariz. Const. Art. VII, § 2; A.R.S. § 9-822(A); A.R.S. § 16-101; A.R.S. § 16-126(A); A.R.S. § 16-152(E).
  5. A.R.S. § 16-121 (A).  A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” An otherwise eligible registrant who does not submit DPOC and whose U.S. citizenship cannot be verified via AZMVD records or other record in the statewide voter registration database is registered as a “federal-only” voter. A “federal-only” voter is eligible to vote solely in races for federal office in Arizona (including the Presidential Preference Election (PPE)).  Since January 1, 2023, a registrant must submit DPOC to be eligible to vote either ballot. See H.B.2492 voter registration; verification; citizenship (Chapter 99).  
  6.  A.R.S. § 16-121(A). If a registrant will be at least 18 years old on or before the next statewide general election but will not be at least 18 years old by the next local election, the registrant remains qualified to register to vote but is not a qualified elector for that next local election. Similarly, if a registrant will turn 18 years old before the next general election but will be 17 years old at the time of the primary election, the registrant may register but is not entitled to vote in the primary election.
  7.  A.R.S. § 16-101(B) (defining resident and providing that an individual only has one state residence for voting purposes). The person must provide proof of location of residency in a form prescribed in A.R.S. § 16-579(A)(1) (unless the person is registering pursuant to A.R.S. § 16-103). Starting January 1, 2023, a registrant must submit proof of location of residency for both the full ballot and the federal only ballot (unless registering as temporarily absent from the state). See H.B. 2492 voter registration; verification; citizenship (Chapter 99). Under H.B. 2492 (Chapter 99), a valid and unexpired AZ driver license (or nonoperating identification number) satisfies proof of location. The proof of location of residence does not satisfy residency requirements – it only confirms the address. Additionally, H.B. 2492 outlines the information that must be disclosed by the registrant on the voter registration form and outlines the steps election officials must follow to verify citizenship when processing voter registration forms. Unless otherwise provided by law, H.B. 2492 also prohibits political subdivisions from registering a person to vote if they did not affirmatively request it.
  8. A.R.S. § 16-101(A)(4).
  9. Ariz. Const. art. VII, § 2; see also A.R.S. § 16-101.
  10. A.R.S. § 16-101(A); see also A.R.S. § 14-5101 (defining “incapacitated person”). 
  11. A.R.S. § 16-101(B).  
  12. A.R.S. § 16-101(B). If otherwise qualified as an elector, an elector that resides for at least 29 days in an area that has been annexed to the city or town may also vote in such election.  A.R.S. § 9-822(B). See also A.R.S. § 16-593 (providing rules for determining residence).
  13. A.R.S. §§ 16-101(B); 9-822.  An individual only has one city or town residence for voting purposes. 
  14. A.R.S. § 9-822(A).
  15. A.R.S. § 16-121(C). 
  16. See A.R.S. § 16-121.
  17. “Homeless shelter” is defined as “a supervised publicly or privately operated shelter designed to provide temporary living accommodations to individuals who lack a fixed, regular and adequate nighttime residence.” A.R.S. § 16-121(D).
  18. A.R.S. § 16-103. 
  19. A.R.S. § 16-593(A), (C).
  20. A.R.S. § 16-593(A), (C).
  21. A.R.S. § 16-593(A), (C).
  22. A.R.S. § 16-593(A), (C).
  23. A.R.S. § 16-593(A), (C).
  24. A.R.S. § 16-593(A), (C).
  25. Ariz. Const., art. VII, §§ 3, 6.
  26. A.R.S. § 16-126.  Since September 24, 2022, H.B. 2493 requires voter registration applications to state that registration will be canceled if a registrant permanently moves to another state. Since September 24, 2022, new bills also impose various obligations on the Secretary of State and county recorders regarding the removal of registrants from the Active Early Voters List and removal from the voter registry. See, e.g., H.B. 2493, S.B. 1260, S.B. 1477).
  27. A.R.S. § 16-165(A)(6).
  28. A.R.S. § 16-125.
  29. A.R.S. §§ 16- 122, 16-135, 16-584.
  30. A.R.S. § 16-137.
  31. A.R.S. § 16-182. A false registration is the procurement of a registration to which one is not entitled as an elector of any county, city, town, or precinct. Any person who procures or attempts to procure the registration of another, knowing the registration is false and erroneous, suffers the same penalty as one who would procure the registration for himself. Upon conviction of such charge, the courts will enter an order to cancel the erroneous registration.
  32. A.R.S. § 16-1016(A).
  33. A.R.S. § 16-101(B). If otherwise qualified as an elector, an elector that resides for at least 29 days in an area that has been annexed to the city or town may also vote in such election.  A.R.S. § 9-822(B).  See also A.R.S. § 16-593 (providing rules for determining residence).
  34. A.R.S. § 9-822(B).
  35. A.R.S. § 16-412.
  36. A.R.S. § 16-166 (F), (G), (H).  A registrant who submits documentary proof of U.S. citizenship (“DPOC”) is eligible to vote a “full-ballot.” Under, existing law, a registrant who used a Federal Form and does not submit DPOC is eligible to vote for federal offices only. Since January 1, 2023, a registrant must submit DPOC to be eligible to vote for either ballot. See H.B. 2492 voter registration; verification; citizenship (Chapter 99). H.B. 2492 was the subject of at least four lawsuits so please consult with your attorneys.
  37. A.R.S. § 16-166 (F). 
  38. A.R.S. § 16-166 (F)(2).  If the name on the birth certificate is not the same as the applicant’s current legal name, the applicant must provide supporting documentation such as marriage certificate or court-documented name change. 
  39. 22 U.S.C. § 2705(2).  If the name on the birth certificate is not the same as the applicant’s current legal name, the applicant must provide supporting documentation such as marriage certificate or court-documented name change.
  40. A.R.S. § 16-166 (F)(3). 
  41. A.R.S. § 16-166 (F)(4). 
  42. A.R.S. § 16-166 (F)(1). If the applicant has an Arizona driver license or non-operating identification issued after October 1, 1996, the number is inserted on the front of the Arizona Voter Registration form – this number serves as proof of U.S. citizenship.  
  43. A.R.S. § 16-166 (F)(6). 
  44. Secretary of State Manual. 
  45. A.R.S. §§ 9-823, 16-172.
  46. A.R.S. § 16-172(A).
  47. A.R.S § 16-579(A).
  48. A.R.S. § 16-584.
  49. A.R.S. § 16-579(A)(2). 
  50. A.R.S. §§ 16-153, 16-168.
  51. A.R.S. § 9-823(F). 
  52. A.R.S. § 16-168(F).
  53. Ariz. Const., art. VII, §§ 4.
  54. Ariz. Const., art. VII, §§ 4, 5.
  55. Ariz. Const., art. VII, § 1. See also, A.R.S. § 16-579(C) (the voter must be provided a ballot privacy folder although the voter is not required to accept or use it).
  56. A.R.S. § 41-1421 (A).
  57. A.R.S. §§ 16-402, 13-707, 13-802.
  58. A.R.S. § 16-402 (A).