Bill Text: AZ SB1052 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Voter registration; temporary absence
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2025-02-04 - Senate majority caucus: Do pass [SB1052 Detail]
Download: Arizona-2025-SB1052-Introduced.html
PREFILED JAN 10 2025
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REFERENCE TITLE: voter registration; temporary absence |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1052 |
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Introduced by Senator Rogers: Representative Gillette
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AN ACT
amending sections 16-103 and 16-593, Arizona Revised Statutes; relating to voter registration.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-103, Arizona Revised Statutes, is amended to read:
16-103. Qualified person temporarily absent from state; persons in the service of the United States
A. A qualified person who is temporarily absent from the this state may register by filling out an affidavit of registration which shall be furnished upon on request of the registrant by the county recorder of the county in which the registrant has residence pursuant to section 16-593. The registrant shall execute the affidavit of registration and administer the oath himself and shall return the affidavit to the county recorder.
B. The county recorder may accept a federal postcard application in lieu of an affidavit of registration from any qualified person covered under the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 42 52 United States Code section 1973 sections 20301 through 20311).
C. Notwithstanding any other provisions of law to the contrary notwithstanding, registration for any person covered under subsection B of this section may be accomplished at any time prior to before 7:00 p.m. of an election day. This subsection applies only to persons temporarily absent from this state.
D. A person who was an overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 42 52 United States Code section 1973 20310), as amended by the Ronald W. Reagan national defense authorization act for fiscal year 2005 (P.L. 108-375), immediately before being domiciled in this state, and who has been discharged or separated from that service or employment in the ninety days before election day may register and is eligible to vote in that election if the registration is received by 5:00 p.m. on the Friday before election day.
E. Any United States citizen who has never resided in the United States and whose parent is a United States citizen who is registered to vote in this state is eligible to register to vote and may vote in this state using a federal write-in early ballot as prescribed by section 16-543.02.
Sec. 2. Section 16-593, Arizona Revised Statutes, is amended to read:
16-593. Rules determining residence of voter on challenge; reading of rules on request
A. The election board, in determining the place of residence of a person, shall be governed by the following rules, so far as applicable:
1. The residence of a person is that place in which his habitation is fixed and to which he has the intention of returning when absent.
2. A person does not gain or lose his residence by reason of his presence at or absence from a place while employed in the service of the United States or of this state, or while engaged in navigation, or while a student at an institution of learning or while kept in an almshouse, asylum or prison.
3. A person does not lose his residence by leaving his home to go to another county, state or foreign country for merely temporary purposes, with the intention of returning.
4. A person does not gain a residence in any county into which he comes for merely temporary purposes, without the intention of making that county his home.
5. If a person removes to another state with the intention of making it his residence, he loses his residence in this state.
6. If a person removes to another state with the intention of remaining there for an indefinite time, and of making the place his present residence, he loses his residence in this state, even though he has an intention of returning at some future period.
7. The place where a person's family permanently resides is his residence, unless he is separated from his family, but if it is a place of temporary establishment for his family, or for transient purposes, it is otherwise.
8. If a person has a family residing in one place and he does business in another, the former is his place of residence, but a person having a family who has taken up his abode with the intention of remaining and whose family does not so reside with him shall be regarded as a resident where his abode has been taken.
9. A United States citizen who has never resided in the United States is eligible to vote in this state by using a federal write-in early ballot as prescribed in sections 16-103 and 16-543.02 if both of the following apply:
(a) A parent is a United States citizen.
(b) The parent is registered to vote in this state.
10. 9. The mere intention of acquiring a new residence without the act of removal avails nothing and neither does the act of removal without the intention.
B. The term of residence shall be computed by including the day on which the person's residence commenced and by excluding the day of election.
C. Before administering an oath to a person touching his residence, the inspector, if requested by any person, shall read to the person challenged the rules set forth in subsection A of this section.
