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HB2806 - 572R - H Ver
House Engrossed
lawful presence;
public programs; verification
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2806
AN
ACT
Amending sections 16-166, 28-3153
and 36-2903.03, Arizona Revised Statutes; relating to lawful presence.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 16-166, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-166.
Verification of registration; quarterly report
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 in the general county register or to the forwarding address provided by
the United States postal service. The follow-up notice shall
include an appropriate internet address for revising voter registration
information or 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 or make
changes to the elector's voter registration information that is maintained
online within thirty-five days, the elector's registration status shall
be changed from active to inactive.
B. If the elector provides the county recorder with
a new registration form or otherwise revises the elector's information, 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 or revised information 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 and the information provided by an
electronic voter registration information center to identify registrants whose
addresses may have changed. If it appears from information provided
by the postal service or an electronic voter registration information center
that a registrant has moved to a different residence address, the county
recorder shall send the registrant a notice of the change by forwardable mail
and a postage prepaid preaddressed return form or an appropriate internet
address for revising voter registration information by which the registrant may
verify or correct the registration information. If the registrant
fails to revise the information or return the form postmarked not later than
thirty-five days after the mailing of the notice, the elector's registration
status shall be changed from active to inactive. 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.
K. The county recorder may not
register a person to vote in this state who is not verified as having United
States citizenship unless verified by using the United States department of
homeland security's systematic alien verification for entitlements program, or
its successor program. The county recorder shall submit satisfactory
evidence of a fully executed memorandum of understanding with the United States
department of homeland security to use the systematic alien verification for
entitlements program, or its successor program, to the joint legislative budget
committee. The joint legislative budget committee shall report to
the legislature if satisfactory proof required by this subsection is not
provided. On or before December 31, 2026 and on or before March 31,
June 30, September 30 and December 31 of each year thereafter, the county
recorder shall submit to the auditor general a report on the previous three
months that includes all systematic alien verification for entitlements program
queries, approvals, denials and discrepancies.
END_STATUTE
Sec. 2. Section 28-3153, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3153.
Driver license issuance; prohibitions; quarterly report
A. The department shall not issue the following:
1. A driver license to a person who is under
eighteen years of age, except that the department may issue:
(a) A restricted instruction permit for a class D or
G license to a person who is at least fifteen years of age.
(b) An instruction permit for a class D, G or M
license as provided by this chapter to a person who is at least fifteen years
and six months of age.
(c) A class G or M license as provided by this
chapter to a person who is at least sixteen years of age.
2. A class D, G or M license or instruction permit
to a person who is under eighteen years of age and who has been tried in adult
court and convicted of a second or subsequent violation of criminal damage to
property pursuant to section 13-1602, subsection A, paragraph 1 or
convicted of a felony offense in the commission of which a motor vehicle is
used, including theft of a motor vehicle pursuant to section 13-1802,
unlawful use of means of transportation pursuant to section 13-1803 or
theft of means of transportation pursuant to section 13-1814, or who has
been adjudicated delinquent for a second or subsequent act that would
constitute criminal damage to property pursuant to section 13-1602,
subsection A, paragraph 1 or adjudicated delinquent for an act that would
constitute a felony offense in the commission of which a motor vehicle is used,
including theft of a motor vehicle pursuant to section 13-1802, unlawful
use of means of transportation pursuant to section 13-1803 or theft of
means of transportation pursuant to section 13-1814, if committed by an
adult.
3. A class A, B or C license to a person who is
under twenty-one years of age, except that the department may issue a
class A, B or C license that is restricted to only intrastate driving to a
person who is at least eighteen years of age.
4. A license to a person whose license or driving
privilege has been suspended, during the suspension period.
5. Except as provided in section 28-3315, a
license to a person whose license or driving privilege has been revoked.
6. A class A, B or C license to a person who has
been disqualified from obtaining a commercial driver license.
7. A license to a person who on application notifies
the department that the person is an alcoholic as defined in section 36-2021
or a drug dependent person as defined in section 36-2501, unless the
person submits a medical examination report that includes a current evaluation
from an addiction counselor indicating that, in the opinion of the counselor,
the condition does not affect or impair the person's ability to safely operate
a motor vehicle.
8. A license to a person who has been adjudged to be
incapacitated pursuant to section 14-5304 and who at the time of
application has not obtained either a court order that allows the person to
drive or a termination of incapacity as provided by law.
9. A license to a person who is required by this
chapter to take an examination unless the person successfully passes the
examination.
10. A license to a person who is required under the
motor vehicle financial responsibility laws of this state to deposit proof of
financial responsibility and who has not deposited the proof.
11. A license to a person if the department has good
cause to believe that the operation of a motor vehicle on the highways by the
person would threaten the public safety or welfare.
12. A license to a person whose driver license has
been ordered to be suspended for failure to pay child support, except that a
noncommercial restricted license may be issued pursuant to section 25-518.
13. A class A, B or C license to a person whose
license or driving privilege has been canceled until the cause for the
cancellation has been removed.
14. A class A, B or C license or instruction permit
to a person whose state of domicile is not this state.
15. A class A, B or C license to a person who fails
to demonstrate proficiency in the English language as determined by the
department.
B. The department shall not issue a driver license
to or renew the driver license of the following persons:
1. A person about whom the court notifies the
department that the person violated the person's written promise to appear in
court when charged with a violation of the motor vehicle laws of this state
until the department receives notification in a manner approved by the
department that the person appeared either voluntarily or involuntarily or that
the case has been adjudicated, that the case is being appealed or that the case
has otherwise been disposed of as provided by law.
2. If notified pursuant to section 28-1601, a
person who fails to pay a civil penalty as provided in section 28-1601,
except for a parking violation, until the department receives notification in a
manner approved by the department that the person paid the civil penalty, that
the case is being appealed or that the case has otherwise been disposed of as
provided by law.
C. The magistrate or the clerk of the court shall
provide the notification to the department prescribed by subsection B of this
section.
D. Notwithstanding any other law, the department
shall not issue to or renew a driver license or nonoperating identification
license for a person who does not submit proof satisfactory to the department
that the applicant's presence in the United States is authorized under federal
law.�
The department shall submit satisfactory evidence of a
fully executed memorandum of understanding with the United States department of
homeland security to use the systematic alien verification for entitlements
program, or its successor program, to the joint legislative budget committee.�
The joint legislative budget committee shall recommend to the legislature the
reduction in funding for the department if satisfactory proof required by this
subsection is not provided.� On or before December 31, 2026 and on or before
March 31, June 30, September 30 and December 31 of each year thereafter, the
department shall submit to the auditor general a report on the previous three
months that includes all systematic alien verification for entitlements program
queries, approvals, denials and discrepancies.
For an
application for a driver license or a nonoperating identification license, the
department shall not accept as a primary source of identification a driver
license issued by a state if the state does not require that a driver licensed
in that state be lawfully present in the United States under federal
law. The director shall adopt rules necessary to carry out the
purposes of this subsection. The rules shall include procedures for:
1. Verification that the applicant's presence in the
United States is authorized under federal law
using the United
States department of homeland security's systematic alien verification for
entitlements program or its successor program
.
2. Issuance of a temporary driver permit pursuant to
section 28-3157 pending verification of the applicant's status in the
United States.
END_STATUTE
Sec. 3. Section 36-2903.03, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-2903.03.
United States citizenship and qualified alien requirements for
eligibility; quarterly report; definition
A. A person who is applying for eligibility under
this chapter shall provide verification of United States citizenship or
documented verification of qualified alien status. Beginning July 1,
2006, an applicant who is applying for services pursuant to this chapter shall
provide satisfactory documentary evidence of citizenship or qualified alien
status as required by the federal deficit reduction act of 2005 (P.L. 109-171;
120 Stat. 4; 42 United States Code section 1396b) or any other applicable
federal law or regulation.
The administration shall
submit satisfactory evidence of a fully executed memorandum of understanding
with the United States department of homeland security to use the systematic
alien verification for entitlements program, or its successor program, to the
joint legislative budget committee.� The joint legislative budget committee
shall recommend to the legislature the reduction in funding for the
ADMINISTRATION if satisfactory proof required by this subsection is not
provided.
B. A qualified alien may apply for eligibility
pursuant to section 36-2901, paragraph 6, subdivision (a) and, if
otherwise eligible for title XIX, may receive all services pursuant to section
36-2907 if the qualified alien meets at least one of the following
requirements:
1. Is designated as one of the exception groups
under 8 United States Code section 1613(b).
2. Has been a qualified alien for at least five
years.
3. Has been continuously present in the United
States since August 21, 1996.
C. Notwithstanding any other law, persons who were
residing in the United States under color of law on or before August 21, 1996,
and who were receiving services under this article based on eligibility
criteria established under the supplemental security income program, may apply
for state funded services and, if otherwise eligible for supplemental security
income-medical assistance only coverage except for United States
citizenship or qualified alien requirements, may be enrolled with the system
and receive all services pursuant to section 36-2907.
D. A person who is a qualified alien who does not
meet the requirements of subsection B of this section or who is a noncitizen
who does not claim and provide verification of qualified alien status may apply
for title XIX eligibility under section 36-2901, paragraph 6, subdivision
(a) and, if otherwise eligible for title XIX, may receive only emergency
services pursuant to section 1903(v) of the social security act.
E. In determining the eligibility for all qualified
aliens pursuant to this chapter, the income and resources of any person who
executed an affidavit of support pursuant to section 213A of the immigration
and nationality act on behalf of the qualified alien and the income and
resources of the spouse, if any, of the sponsoring individual shall be counted
at the time of application and for the redetermination of eligibility for the
duration of the attribution period as specified in federal law.
F. A person who is a qualified alien or a noncitizen
and who is not eligible for title XIX may receive only emergency services.
G. On or before
September 30 of each
year
December 31, 2026 and on or before March 31, June
30, September 30 and December 31 of each year thereafter
, the
administration shall submit a report to the governor,
the
auditor general,
the president of the senate, the speaker of the house
of representatives and the staff director of the joint legislative budget
committee that includes the following information
for the
previous three months
:
1. The number of individuals for whom the
administration
verified
queried, approved,
denied or found DISCREPANCIES for
immigration status using the
systematic alien verification for entitlements program
, or its
successor program,
administered by the United States
citizenship
and immigration services
Department of HOMELAND security
.
2. The number of documents that were discovered to
be fraudulent by using the systematic alien verification for entitlements
program
, or its successor program
.
3. A list of the types of fraudulent documents
discovered.
4. The number of citizens of the United States who
were referred by the administration for prosecution pursuant to violations of
state or federal law and the number of individuals referred by the
administration for prosecution who were not citizens.
H. The administration shall provide copies of the
report to the secretary of state
and the director of the Arizona
state library, archives and public records
.
I. For
the
purposes of this
section, "qualified alien" means an individual who is one of the
following:
1. Defined as a qualified alien under 8 United
States Code section 1641.
2. Defined as a qualified alien by the attorney
general of the United States under the authority of Public Law 104-208,
section 501.
3. An Indian described in 8 United States Code
section 1612(b)(2)(E).
END_STATUTE