EXPLORE
HB 2806Arizona · 57th-2nd-regular

lawful presence; public programs; verification

bill

DDP Analysis

Generated by LegBot, DDP's AI research assistant. Human-edited entries are noted individually below.

Generated Content

No AI-generated content is available for this bill yet.

What Changed

What Changed

No changelog is available for this bill yet.

Legislative Record

The official procedural history from the legislature.

Actions

  • Feb 25, 2026
    PASSED
    Housepassagereading-3
  • Feb 25, 2026
    Transmit to Senate
    House
  • Mar 8, 2026
    Senate First Reading
    Senatereading-1
  • Mar 9, 2026
    Senate Second Reading
    Senatereading-2
  • Mar 15, 2026
    DP
    Senatecommittee-passage

Roll-Call Votes

  • do pass

    committee-passagefail

    House · Feb 22, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    House · Feb 25, 2026

    31 yes22 no0 other0 absent0 excused7 not voting

Documents

  • HOUSE SUMMARY: 01/26/2026 Federalism, Military Affairs & Elections

  • HOUSE SUMMARY: 01/30/2026 Caucus & COW

  • HOUSE SUMMARY: 02/24/2026 House Engrossed

  • SENATE FACT SHEET: 03/12/2026 MABS

Full Bill Text

Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-166, Arizona Revised Statutes, is amended to
read:
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.
Sec. 2. Section 28-3153, Arizona Revised Statutes, is amended to
read:
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.
Sec. 3. Section 36-2903.03, Arizona Revised Statutes, is amended to
read:
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).

At a Glance

Status

DP

Mar 16, 2026

First Action

Jan 22, 2026

Latest Passage

Feb 26, 2026

Sponsors

John Gillette, Leo Biasiucci, Joseph Chaplik, Lisa Fink, Matt Gress, James Taylor, Michael Way, Julie Willoughby

Think this bill should get a citizen poll?

This submits a request for DDP staff to review — not a guarantee Voatz polling will happen.