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HB4075 - 572R - I Ver
REFERENCE TITLE:
civil rights; right to vote
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 4075
Introduced by
Representatives
Liguori: Cavero, Crews, Villegas
AN
ACT
AMENDING SECTIONS 13-904, 13-907
and 13-908, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 9,
ARIZONA REVISED STATUTES, BY ADDING SECTION 13-926; amending sections 16-101,
16-128 and 16-165, arizona revised statutes; RELATING TO
RESTORATION OF CIVIL RIGHTS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-904, Arizona Revised Statutes,
is amended to read:
START_STATUTE
13-904.
Suspension of civil rights and occupational disabilities
A. A conviction for a felony suspends the following
civil rights of the person sentenced:
1. The right to vote
during the
person's term of imprisonment
.
2. The right to hold public office of trust or
profit.
3. The right to serve as a juror.
4. During any period of imprisonment any other civil
rights the suspension of which is reasonably necessary for the security of the
institution in which the person sentenced is confined or for the reasonable
protection of the public.
5. The right to possess a firearm.
B. Persons sentenced to imprisonment shall not
thereby be rendered incompetent as witnesses on the trial of a criminal action
or proceeding, or incapable of making and acknowledging a sale or conveyance of
property.
C. A person sentenced to imprisonment is under the
protection of the law, and any injury to his person, not authorized by law, is punishable
in the same manner as if the person was not convicted and sentenced.
D. The conviction of a person for any offense shall
not work forfeiture of any property, except if a forfeiture is expressly
imposed by law.� All forfeitures to the state, unless expressly imposed by law,
are abolished.
E. A person shall not be disqualified from
employment by this state or any of its agencies or political subdivisions
solely because of a prior conviction for a felony or misdemeanor within or
without this state. A person may be denied employment by this state
or any of its agencies or political subdivisions by reason of the prior
conviction for a felony or misdemeanor if the offense has a reasonable
relationship to the functions of the employment sought.
F. Subsection E of this section is not applicable to
any law enforcement or probation agency.
G. Any complaints concerning a violation of
subsection E of this section shall be adjudicated in accordance with the
procedures set forth in title 41, chapter 6 and title 12, chapter 7, article 6.
H. A person who is adjudicated delinquent under
section 8-341 for a felony does not have the right to carry or possess a
firearm.
END_STATUTE
Sec. 2. Section 13-907, Arizona Revised Statutes, is amended to read:
START_STATUTE
13-907.
Automatic restoration of civil rights for first offenders;
firearm rights
A.
Except
for a person's right to vote under section 13-926,
on completion
of probation for an offense committed in this state or absolute discharge from
imprisonment, any person who has not previously been convicted of a felony
offense shall automatically be restored any civil rights that were lost or
suspended as a result of the conviction if the person pays all victim
restitution imposed.� A person who is entitled to the restoration of any civil
rights pursuant to this subsection is not required to file an application
pursuant to section 13-908, except that if the person does file an
application, the court shall grant the application without receiving a response
from the state or holding a hearing.
B.
Except for a person's right to
vote under section 13-926,
on completion of probation for an
offense committed outside the jurisdiction of this state or absolute discharge
from a prison in another state or the federal bureau of prisons, a person who
has not previously been convicted of a felony offense is eligible for automatic
restoration of any civil rights that were lost or suspended as a result of the
conviction if the person pays all victim restitution imposed.� A person who is
entitled to the restoration of any civil rights pursuant to this subsection
shall file an application pursuant to section 13-908, and the court shall
grant the application without receiving a response from the state or holding a
hearing.
C. This section does not apply to a person's right
to possess a firearm as defined in section 13-3101 if the person was
convicted of any of the following:
1. A dangerous offense under section 13-704 or
an offense committed outside the jurisdiction of this state that would be a
dangerous offense under section 13-704 if committed in this state.
2. A serious offense as defined in section 13-706
or an offense committed outside the jurisdiction of this state that would be a
serious offense as defined in section 13-706 if committed in this
state.
D. If the person is not entitled to the automatic
restoration of firearm rights pursuant to this section, the court may order the
restoration of the right to possess a firearm pursuant to section 13-910.
END_STATUTE
Sec. 3. Section 13-908, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-908.
Restoration of civil rights; application; firearm rights;
definition
A.
Except for a person's right to
vote under section 13-926,
on final discharge, a person who has
previously been convicted of a felony or who has not paid all victim
restitution that was imposed may apply to the superior court to have the
person's civil rights restored. The restoration of civil rights is
in the discretion of the judicial officer.
B. The person or the person's attorney or probation
officer may file the application for the restoration of civil
rights. The clerk of the court may not charge a filing fee for an
application. The clerk of the court shall forward a copy of the
application to the county attorney or attorney general.
C.
Except for a person's right to
vote under section 13-926,
a person whose civil rights were lost
or suspended as a result of a felony conviction in another state or a United
States district court and whose period of probation has been completed may file
the application for restoration of civil rights in the county in which the
person now resides.�
D.
Except for a person's right to
vote under section 13-926,
a person whose civil rights were lost
or suspended as a result of a felony conviction in another state or a United
States district court and who has received an absolute discharge from
imprisonment in a prison in another state or a federal prison shall file the
application for the restoration of civil rights in the county in which the
person now resides.� The restoration of civil rights is in the discretion of
the judicial officer.
E. This section does not apply to a person's right
to possess a firearm as defined in section 13-3101 if the person was
convicted of any of the following:
1. A dangerous offense under section 13-704 or
an offense committed outside the jurisdiction of this state that would be a
dangerous offense under section 13-704 if committed in this state.
2. A serious offense as defined in section 13-706
or an offense committed outside the jurisdiction of this state that would be a
serious offense as defined in section 13-706 if committed in this
state.
F. If the person is not entitled to the restoration
of firearm rights pursuant to this section, the court may order the
restoration of the right to possess a firearm pursuant to section 13-910.
G. For the purposes of this section, "final
discharge" means the completion of probation or the receipt of an absolute
discharge from the state department of corrections, a prison in another state
or the federal bureau of prisons.
END_STATUTE
Sec. 4. Title 13, chapter 9, Arizona Revised
Statutes, is amended by adding section 13-926, to read:
START_STATUTE
13-926.
Automatic restoration of right to vote; process
A. On release from imprisonment in
this state, another state or the federal bureau of prisons, a person who is
convicted of a felony offense shall automatically be restored the right to
vote. A person who is entitled to the automatic restoration of the right to
vote pursuant to this section is not required to file an application pursuant
to section 13-908.
B. at the time a person is sentenced
to a term of imprisonment for a felony conviction, the court shall inform the
person in writing and on the electronic court record that the person's right to
vote will be automatically restored on the person's release from imprisonment
if the person is a united states citizen.
C. The probation department shall
provide verbal and written notice to a person of the person's right to vote if
the person is a United States citizen and is serving a term of probation.
D. at the time a person is released
from imprisonment, the state department of corrections shall provide verbal and
written notice to the person of the person's right to vote if the person is a
United States citizen.
END_STATUTE
Sec. 5. Section 16-101, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-101.
Qualifications of registrant; definition
A. Every resident of this state is qualified to
register to vote if the resident:
1. Is a citizen of the United States and has
provided satisfactory evidence of citizenship as prescribed in section 16-166.
2. Will be eighteen years of age or more on or
before the date of the regular general election next following
his
the resident's
registration.
3. Is a resident of this state twenty-nine
days next preceding the election, except as provided in section 16-126.
4. Is able to write the resident's name or make the
resident's mark, unless prevented from so doing by physical disability.
5. Has not been convicted of treason
or
a felony
, unless restored to civil rights.
6. Is not currently serving a term of
imprisonment for a felony conviction.
6.
7
. Has
not been adjudicated an incapacitated person as defined in section 14-5101.
B. For the purposes of this title,
"resident" means an individual who has actual physical presence in
this state, or for purposes of a political subdivision actual physical presence
in the political subdivision, combined with an intent to remain. A
temporary absence does not result in a loss of residence if the individual has
an intent to return following
his
the
individual's
absence. An individual has only one residence
for
the
purposes of this title.
END_STATUTE
Sec. 6. Section 16-128, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-128.
Clerk of the court; secretary of state; county recorder; notice
of conviction
Each month the clerk of the superior court shall transmit to
the secretary of state without charge a record of every
person
who was sentenced to imprisonment for a
felony conviction in that county
within the preceding month. This record shall include only the name
of the person convicted and the person's date of birth, social security number,
if available, usual legal residence and, if available, father's name or
mother's maiden name.� The secretary of state shall use the record for the sole
purpose of canceling the names of convicted felons
who were
sentenced to imprisonment
from the statewide voter registration database
and shall notify the appropriate county recorder, and that county recorder
shall cancel the voter registration of the convicted felon
who
was sentenced to imprisonment
.
END_STATUTE
Sec. 7. Section 16-165, Arizona Revised
Statutes, is amended to read:
START_STATUTE
16-165.
Causes for
cancellation; report
A. The county recorder shall cancel a registration:
1. At the request of the person registered.
2. When the county recorder is informed and confirms
that the person registered is dead.
3. If the person has been adjudicated an
incapacitated person as defined in section 14-5101.
4. When the
county recorder is
informed by the court or the secretary of state and confirms that the
person
registered
has been convicted of a felony, and the judgment of
conviction has not been reversed or set aside. The county recorder shall
cancel the registration on receipt of notice of a felony conviction from the
court or from the secretary of state or when reported by the elector on a
signed juror questionnaire that is completed pursuant to section 21-314
is currently serving a term of imprisonment for a felony conviction
.
5. On production of a certified copy of a judgment
directing a cancellation to be made.
6. Promptly after the election if the person
registered has applied for a ballot pursuant to section 16-126.
7. When a person has been on the inactive voter list
and has not voted during the time periods prescribed in section 16-166,
subsection C.
8. When the county recorder receives written
information from the person registered that the person has a change of
residence within the county and the person does not complete and return a new
registration form within twenty-nine days after the county recorder mails
notification of the need to complete and return a new registration form with
current information.
9. When the county recorder receives written
information from the person registered that the person has a change of address
outside the county, including when the county recorder either:
(a) Receives a form from the person pursuant to
subsection
E
f
of this section
on which the person has confirmed that the person is not a resident of this
state.
(b) Receives a summary report from the jury
commissioner or jury manager pursuant to section 21-314 indicating that
the person has stated that the person is not a resident of the
county. Before the county recorder cancels a registration pursuant
to this subdivision, the county recorder shall send the person notice by
forwardable mail and a postage prepaid preaddressed return form requesting the
person confirm by signing under penalty of perjury that the person is a
resident of the county and is not knowingly registered to vote in another
county or another state. The notice shall inform the person that failure to
return the form within thirty-five days will result in the person's
registration being canceled. If the person fails to return the notice within
thirty-five days the county recorder shall cancel the person's
registration.
10. When the county recorder obtains information
pursuant to this section and confirms that the person registered is not a
United States citizen, including when the county recorder receives a summary
report from the jury commissioner or jury manager pursuant to section 21-314
indicating that a person who is registered to vote has stated that the person
is not a United States citizen. Before the county recorder cancels a
registration pursuant to this paragraph, the county recorder shall send
the person notice by forwardable mail that the
person's registration will be canceled in thirty-five days unless the
person provides satisfactory evidence of United States citizenship pursuant to
section 16-166. The notice shall include a list of documents
the person may provide and a postage prepaid preaddressed return
envelope. If the person registered does not provide satisfactory
evidence within thirty-five days, the county recorder shall cancel the
registration and notify the county attorney and attorney general for possible
investigation.
11. When the county recorder receives confirmation
from another county recorder that the person registered has registered to vote
in that other county.
B.
If the county recorder
receives credible information that a person has registered to vote in a
different county, the county recorder shall confirm the person's voter
registration with that other county and, on confirmation, shall cancel the
person's registration pursuant to subsection A, paragraph 11 of this section.
C. If
the county recorder cancels a registration pursuant to
subsection A, paragraph 8 of this section, the county recorder shall send the
person notice that the registration has been
canceled
and a registration form with the information described in
section 16-131, subsection C attached to the form.
D. W
hen proceedings in the superior court or the United States
district court result in a person being declared incapable of taking care of
himself and managing his property, and for whom a guardian of the person and
estate is appointed, result in such person being committed as an insane person
or result in a person being convicted of a felony
and
sentenced to imprisonment for that felony
, the
clerk of the superior court in the county in which those proceedings occurred
shall file with the secretary of state an official notice of that
fact. The secretary of state shall notify the appropriate county
recorder and the recorder shall cancel the name of the person on the
register.
Such a no
tice shall name the
person covered, shall give the person's date and place of birth if available,
the person's social security number, if available, the person's usual place of
residence, the person's address and the date of the notice, and shall be filed
with the recorder of the county where the person last resided.
E. Each
month the department of health services shall transmit to
the secretary of state without charge a record of the death of every resident
of the state reported to the department within the preceding month. This record
shall include only the name of the decedent, the decedent's date of birth, the
decedent's date of death, the decedent's social security number, if available,
the decedent's usual legal residence at the time of death and, if available,
the decedent's father's name or mother's maiden name. The secretary
of state shall use the record for the sole purpose of canceling the names of
deceased persons from the statewide voter registration database. In
addition, the department of health services shall annually provide to the
secretary of state from the statewide electronic death registration system
without charge a record of all deaths of residents of this state that are
reported to the department of health services. The records
transmitted by the department of health services shall include only the name of
the decedent, the decedent's date of birth, the decedent's social security
number, if available, the decedent's usual legal residence at the time of death
and, if available, the decedent's father's name or mother's maiden
name. The secretary of state shall compare the records of deaths
with the statewide voter registration database. Public access to the
records is prohibited. Use of information from the records for
purposes other than those required by this section is
prohibited. The name of each deceased person shall promptly be
canceled from the statewide voter registration database and the secretary of
state shall notify the appropriate county recorder and the recorder shall
cancel the name of the person from the register.
F. Each month the
department of transportation shall furnish to the secretary of state without
charge a list of persons who the department has been notified have been issued
a driver license or the equivalent of an Arizona nonoperating identification
license in another state. Within ten days after receiving the list
of persons from the department of transportation, the secretary of state shall
provide to the appropriate county recorder a list of registered voters in that
county who have been issued a driver license or the equivalent of an Arizona
nonoperating identification license in another state. The county
recorder shall promptly send notice by forwardable mail to each person who has
obtained a driver license or the equivalent of an Arizona nonoperating
identification license in another state and a postage prepaid preaddressed
return form requesting the person confirm by signing under penalty of perjury
that the person is a resident of this state and is not knowingly registered to
vote in another state or confirm that the person is not a resident of this
state. The notice shall inform the person that failure to return the
form within ninety days will result in the person's registration being placed
in inactive status. If the person returns the form within ninety
days confirming that the person is a resident of this state, the county
recorder shall maintain the registration in active status. If the
person fails to return the form within ninety days, the county recorder shall
place the person's registration in inactive status.
G. Each month the
secretary of state shall compare the statewide voter registration database to
the driver license database maintained by the department of
transportation. The secretary of state shall notify the appropriate
county recorder if a person who is registered to vote in that county has
changed the person's residence address or is not a United States citizen.
H. To the extent
practicable, each month the county recorder shall compare the county's voter
registration database to the social security administration database.
I. To the extent
practicable, each month the county recorder shall compare persons who are
registered to vote in that county and who the county recorder has reason to
believe are not United States citizens and persons who are registered to vote
without satisfactory evidence of citizenship as prescribed by section 16-166
with the systematic alien verification for entitlements program maintained by
the United States citizenship and immigration services to verify the
citizenship status of the persons registered.
J. For persons who are
registered to vote without satisfactory evidence of citizenship as prescribed
in section 16-166, the county recorder shall compare the electronic
verification of vital events system maintained by a national association for
public health statistics and information systems, if accessible, with the
information on the person's voter registration file.
K. To the extent
practicable, the county recorder shall review relevant city, town, county,
state and federal databases to which the county recorder has access to confirm
information obtained that requires cancellation of registrations pursuant to
this section.
L. After canceling a
registration pursuant to this section, the county recorder shall send a notice
by forwardable mail informing the person that the person's registration has
been canceled, the reason for cancellation, the qualifications of electors
pursuant to section 16-101 and instructions on registering to vote if the
person is qualified.
M. The
secretary of state shall report the following information to the legislature at
the end of each quarter:
1. The number of deaths
reported to the secretary of state by the department of health services, the number
of voter registration cancellation notices issued by the secretary of state to
the county recorders as a result of those reports and the number of
registrations canceled as a result of those notices.
2. The number of persons
reported to the secretary of state who have been issued a driver license or the
equivalent of an Arizona nonoperating identification license in another state,
the number of notices sent pursuant to subsection E of this section and the
number of voter registrations that have been placed in inactive status and the
number of voter registrations that have been canceled as a result of those
notices.
3. The number of persons who have stated on a
jury
juror
questionnaire that the person
is not a United States citizen, the number of notices sent pursuant to
subsection A, paragraph 10 of this section and the number of registrations that
have been canceled as a result of those notices.
4. The number of persons who have stated on a
jury
juror
questionnaire that the person
is not a resident of the county, the number of notices sent pursuant to
subsection A, paragraph 9, subdivision (b) of this section and the number of
registrations that have been canceled as a result of those notices.
5. The number of registrations on the inactive voter
list that have been canceled pursuant to subsection A, paragraph 7 of this
section.
END_STATUTE
Sec. 8.
Retroactivity
A.
Sections
13-904, 13-907, 13-908 and 16-101, Arizona Revised Statutes, as amended by this
act, apply retroactively to from and after December 31, 2025.
B. Section 13-926,
subsections A and B, Arizona Revised Statutes, as added by this act, apply
retroactively to from and after December 31, 2025.