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REFERENCE TITLE: civil rights; right to vote |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 4075 |
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Introduced by Representatives Liguori: Cavero, Crews, Villegas
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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:
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.
Sec. 2. Section 13-907, Arizona Revised Statutes, is amended to read:
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.
Sec. 3. Section 13-908, Arizona Revised Statutes, is amended to read:
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.
Sec. 4. Title 13, chapter 9, Arizona Revised Statutes, is amended by adding section 13-926, to read:
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.
Sec. 5. Section 16-101, Arizona Revised Statutes, is amended to read:
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.
Sec. 6. Section 16-128, Arizona Revised Statutes, is amended to read:
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.
Sec. 7. Section 16-165, Arizona Revised Statutes, is amended to read:
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.
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. When 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 notice 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.
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.