Arizona Proposition 309, Voter Identification Requirements for Mail-In Ballots and In-Person Voting Measure (2022)

Arizona Proposition 309
Election date November 8, 2022
Topic Voting policy measures
Status d Defeated
Type State statute	Origin State legislature

Arizona Proposition 309, the Voter Identification Requirements for Mail-In Ballots and In-Person Voting Measure, was on the ballot in Arizona as a legislatively referred state statute on November 8, 2022. The measure was defeated.

A "yes" vote supported making multiple changes to Arizona's voter identification and mail-in ballot policies, including requiring dates of birth and voter identification numbers for mail-in ballots and eliminating the existing two-document alternative to photo ID for in-person voting.

A "no" vote opposed making multiple changes to Arizona's voter identification and mail-in ballot policies, including requiring dates of birth and voter identification numbers for mail-in ballots and eliminating the existing two-document alternative to photo ID for in-person voting.

Election results

Arizona Proposition 309
Result		Votes	Percentage
Yes		1,201,181	49.62%
No		1,219,669	50.38%

Results are officially certified.

Source

Overview

What would this measure have changed?

See also: Measure design

Proposition 309 would have added requirements for Arizona citizens casting a mail-in ballot, as well as changing voter ID requirements for in-person voters.

For mail-in voting, voters casting a mail-in ballot would have had to add two new pieces of information to their affidavit: their date of birth and a voter ID number. The voter ID number would be the number on a voter’s driver's license or government issued ID number, or the last four digits of their social security number. As of November 2022, the voting affidavit only required the signature of the voter. This signature was verified by comparing it to the voter’s signature on record with voter registration documents.

For in-person voting, voters would have no longer been able to present an alternative to photo ID at the voting booth. As of November 2022, a voter was able to present two pieces of non-photo identification as an alternative to a photo identification. These pieces of identification could have included a utility bill, vehicle registration, voter registration card, or more. This measure was designed to have the voter present a form of photo identification while voting in person. This would have included a driver’s license or government-issued ID. The $12 fee for Arizona’s state ID card would also have been waived.

What were the voter ID laws in Arizona?

See also: Voter ID requirements in Arizona

As of November 2022, Arizona was one of 35 states that required some form of voter ID at the polls. A person voting in-person could either have presented a photo ID, or, as an alternative, they could have presented two forms of identification without a photo. For those voting by mail, the voter had to sign an affidavit with their ballot. County officials had to verify the signature on the affidavit with the voter's signature on the verified voter registration documents on file.

Measure design

Changes to mail-in voting

Proposition 309 was designed to require a voter to include their date of birth and voter identification number in the affidavit required for mail-in ballots. Under the measure, election officials would have checked the dates of birth, identification numbers, and signatures on mail-in ballot affidavits against voter registration records. Under the measure, a voter must sign their mail-in ballot, and election officials would compare the signature to the voter's registration record.

Any of the following could have been used as the voter identification number for mail-in ballots under the measure:

• a driver's license or nonoperating identification license number,
• the last four digits of a social security number,
• a unique identifying number provided by the secretary of state for voter registration purposes.

Under this measure, mail-in ballots would have been designed so that the voter's affidavit was concealed inside the envelope. Any person that would have assisted a voter with casting a mail-in ballot must also have added their phone number and relationship to the voter in the affidavit.

This measure also would have waived the fee for government-issued IDs (nonoperating license), as long as the person stated on the application that they have applied in order to meet the requirements for voter registration.

Changes to in-person voting

Proposition 309 would have eliminated the existing alternative to photo ID for in-person voting. As of 2022, a person that was voting in person was allowed to present two pieces of non-photo identification as an alternative to a photo ID. These pieces of identification may have included a utility bill, vehicle registration, and more. Under this measure, a voter that was voting in person must have presented a form of photo ID.

Text of measure

Ballot title

The official ballot title was as follows:

“

Proposition 309 Referred to the people by the legislature relating to voter identification Official Title Amending Title 16, Chapter 4, Article 8, Arizona revised statutes, by adding sections 16-541.01 and 16-541.02; amending sections 16-547, 16-548, 16-550 and 16-579, Arizona revised statutes; amending Title 28, Chapter 8, Article 4, Arizona revised statutes, by adding Section 28-3165.01; relating to voter identification. Descriptive Title The law would require voters to write their birthdate, government-issued identification number, and signature on a concealed early ballot affidavit; require photo identification to vote in-person; and require the Arizona Department of Transportation to provide without charge a nonoperating identification license to individuals who request one for voting purposes.

”

Ballot summary

The official ballot summary was as follows:

“

A “YES” vote shall have the effect of requiring the affidavit accompanying an early ballot and return envelope to be capable of being concealed when returned; requiring a voter to write their birth date, a state-issued identification number or the last four digits of the voter’s social security number, and signature on an early ballot affidavit; requiring certain photo identification issued by the State of Arizona, or a tribal government or the United States government, to receive a ballot at an in-person voting location; removing the ability to receive a ballot at an in-person voting location without photo identification when showing two other identifying documents; and requiring the Arizona Department of Transportation to provide, without charge, a nonoperating identification license to individuals who request one for the purpose of voting. A “NO” vote shall have the effect of retaining existing law on early ballot affidavits and voter identification.

”

Full text

The full text of this measure is below:

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 15, and the FRE is 4. The word count for the ballot title is 98.

The FKGL for the ballot summary is grade level 19, and the FRE is 14. The word count for the ballot summary is 151.

Support

Arizonans for Voter ID was leading the campaign in support of the ballot measure.

Supporters

Officials

• State Sen. Javan Daniel Mesnard (R)

Political Parties

• Republican Party of Arizona

Organizations

• Americans for Tax Reform
• Arizona Free Enterprise Club
• Goldwater Institute
• Goldwater Institute
• Republican Liberty Caucus of Arizona

Arguments

• State Rep. John Kavanagh (R-23): “This bill closes a weak link in the security chain of our election system.” Kavanagh said, concerning the existing mail-in system that requires the voter's signature, that examples of voters' signatures are too readily available.
• David Kahn, chairman of the Republican Liberty Caucus of Arizona; Ben Beckhart, vice-chair of the Republican Liberty Caucus of Arizona: "We support Prop 309, the Voter ID Initiative, because it is a common sense measure to ensure the accuracy of our elections. We already require people to show ID when they vote in person. The Voter ID Initiative would enact similar Voter ID requirements for mail in ballots. It would require people to show an ID when they drop off their ballot. It will also require people to verify their identity when voting by mail. Voters can do this by writing their date of birth and either the last four digits of their social number or their driver’s license number on an affidavit inside the envelope, where the info will remain private. This simple measure will prevent potential fraud, by ensuring that mail in ballots are completed by the actual voter. The Voter ID initiative does not make it harder for anyone to vote, it even allows people to get a free ID if they need one. Let’s pass this common sense measure to improve election integrity."
• State Sen. J.D. Mesnard (R-13): "The measure would require photo ID for in-person voting and provide a photo ID to eligible voters who don’t have one so that no obstacle stands in the way of their constitutional right. For those who choose to vote by mail Prop 309 would apply an objective standard of written identification that people conveniently and routinely use in everyday life and require the identification be appropriately concealed until verified by election officials. These reasonable policies established in Prop 309 will help restore voter confidence in the integrity of our elections by ensuring all Arizonans, no matter when, where, or how we vote, present ID when casting a ballot so that all legal votes—but only legal votes—are accepted and counted."

Opposition

Arguments

• State Rep. Mitzi Epstein (D-18): "But this, this is barrier after hoop after lava pit after problem after more barriers. This is voter suppression."
• State Rep. Judy Schwiebert (D-20): "Democrats are not against showing voter identification. As a Democrat, I am pro-vote. I am for the freedom to vote. But this bill leads people astray. It suggests that it’s about making sure that people show identification, when in fact they already do show identification. This is just one more bill in a whole litany of bills that build upon the Big Lie that the last election was not conducted properly."
• Marisol Garcia, president of the Arizona Education Association: "Proposition 309 is an attempt to make participating in our elections more difficult by putting additional unnecessary roadblocks in the way for voters who are simply exercising their constitutional right to vote. It is yet another blatant attack on our election process and another attempt to disenfranchise voters. Proposition 309 eliminates existing forms of identification from being used to vote, which will disproportionally impact our communities of color, young people, and people with disabilities. We should be ensuring Arizonans have their voices heard, not putting additional obstacles in the way, especially when it comes to voting."
• Pinny Sheoran, president of the League of Women Voters of Arizona: "Using mail ballots in Arizona is a well-established, secure, and popular voting method. If this initiative passes, mail ballot voters will have to complete an additional affidavit providing an ID number and date of birth. Election officials must verify this information before counting the vote. This process opens the possibility of linking ballots to individuals and how they vote, violating their privacy. These extra ID requirements for mail ballots increase opportunities for identity theft and chances for ballots to be discarded for inadvertent errors and additional costs and burden on election administration. A vote for this measure will also make it harder to vote in person. Currently, voters must show a photo ID or two other proofs of identity, such as a tax bill or recorder’s certificate. If this measure is approved, a voter will need a valid, unexpired photo ID to receive a ballot. No other proof of identity will be allowed. These changes could turn potential voters away at the polls, including elderly voters with expired licenses and younger voters without a driver’s license or non-operating license. Arizona already has strict voter ID laws and proof of citizenship requirements to register to vote, with felony consequences for falsifying forms. This measure intends to reduce further citizens’ access to the fundamental right to vote."

Campaign finance

See also: Campaign finance requirements for Arizona ballot measures

The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through December 31, 2022.

Arizonans for Voter ID was the campaign in support of the initiative. The campaign reported $183,763.35 in contributions and reported $183,763.35 in expenditures.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$181,513.35	$2,250.00	$183,763.35	$181,513.35	$183,763.35
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Proposition 309
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Arizonans for Voter ID	$181,513.35	$2,250.00	$183,763.35	$181,513.35	$183,763.35
Total	$181,513.35	$2,250.00	$183,763.35	$181,513.35	$183,763.35

Donors

The following were the top donors who contributed to the support committees.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
AZ Free Enterprise Club	$178,250.00	$2,250.00	$180,500.00

Opposition

Ballotpedia did not identify ballot measure committees registered to oppose the ballot measure.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

History of mail-in voting in Arizona

Arizona first established a process for absentee voting through mail-in ballots for active military personnel in 1918. Over the next few decades, this was expanded to include voters with disabilities and voters over the age of 65.

In 1991, no-excuse absentee voting was established, meaning that any registered voter could vote early with an absentee ballot.

In 1997, the state changed the name of its policy and process from absentee voting to early voting.

Below is a reverse-chronological timeline of voting policy changes regarding absentee/early mail-in voting in Arizona from 1918 through 2021:

• May 2021 - The legislature passed a bill renaming the state's Permanent Early Voting List the Active Early Voting List and providing a process for voters to be removed from the list
• 2007 - The legislature passed a bill establishing a Permanent Early Voting List (PEVL), a list any registered voter could join and to which the state would automatically send mail-in ballots for every election in which they were eligible to vote.
• 1997 - The legislature changed the name of its mail-in ballot process from absentee voting to early voting.
• 1991 - The legislature enacted no-excuse absentee voting allowing any qualified voter to request a mail-in ballot.
• 1971 - The legislature expanded eligibility of absentee voting to voters age 65 years or older.
• 1968 - The legislature expanded eligibility of absentee voting to voters with visual defects.
• 1959 - The legislature expanded eligibility of absentee voting to merchant marines.
• 1955 - The legislature removed the doctor's certificate requirement that those qualifying for absentee voting because of a physical disability.
• 1953 - The legislature expanded eligibility of absentee voting to those unable to go to the polls in-person due to their religion.
• 1925 - The legislature expanded eligibility of absentee voting to those with a physical disability certified by a doctor.
• 1921 - The legislature expanded eligibility of absentee voting to anyone absent from their county of residence on election day and who completed an affidavit stating their absence.
• 1918 - The legislature created an absentee voting process for active military personnel.

How many people used mail-in voting in Arizona?

In the 2020 general election, 89% of Arizona voters voted by-mail.

Voter ID requirements in Arizona

As of November 2022, voters could have either presented a photo ID, or they could have presented two forms of identification without a photo.

Photo IDs may have included a driver's license, a government-issued photo ID, an Arizona ID card, or a tribal ID. Non-photo IDs may have included a utility bill, recent bank or credit union statement, a vehicle registration or insurance card, a tribal ID, a property tax statement, a recorder’s certificate, a voter registration card, a non-photo government issued ID, or any piece of mail labeled “official election material”. All pieces of identification must have presented a name and address that matches the voter’s name and address on the voter registration. If the voter used a photo ID that lacked a photo, such as a passport or military ID, the voter must also have presented a piece of identification that displayed the correct address.

Arizona ballot measures on voting policy

See also: Voting policy measures on the ballot

Before 2022, Arizona voters decided five statewide measures related to voting policies, approving three and rejecting two. Four were citizen-initiated measures, and one was a constitutional amendment put on the ballot by the legislature. The most recent voting policy measure Arizonans approved was Proposition 200 in 2004. Proposition 200 set voter identification requirements for voter registration and voting in-person. Proposition 200 required photo identification to vote in person or two documents with their names and addresses.

Voting policy measures in Arizona
Measure	Year	Outcome	Description
Proposition 205	2006	d	Require elections to conducted by mail-in ballot
Proposition 200	2006	d	Create a $1 million prize given to a randomly selected voter who voted in the primary or general election
Proposition 200	2004	a	Require photo ID or alternatives to register to vote or vote in person, along with other non-voting verification requirements
Proposition 103	1998	a	Allow voters unaffiliated with a state-recognized party to vote in the party primary of their choice
Proposition 202	1982	a	Allow voter registration through the driver's license application process

Voter ID laws by state

As of 2022, 35 states, including Arizona, requested or required a type of voter ID at the polls.

Path to the ballot

See also: Laws governing ballot measures in Arizona

To put a legislatively referred state statute before voters, a simple majority vote is required in both the Arizona State Senate and the Arizona House of Representatives.

On February 24, 2022, the state Senate approved Senate Concurrent Resolution 1012 (SCR 1012) proposing this measure by a vote of 16-12, with two not voting. On February 28, 2022, the state House approved SCR 1012 by a vote of 31-26, with three not voting. Votes in both chambers were along party lines with Republicans in favor and Democrats against.

This measure would have amended certain provisions of Proposition 200, which Arizona voters approved in 2004. In Arizona, the legislature cannot amend or repeal a citizen initiative without putting the measure on the ballot for voter approval.

Vote in the Arizona State Senate February 24, 2022
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 16  a
	Yes	No	Not voting
Total	16	12	2
Total percent	53.33%	40.00%	6.67%
Democrat	0	12	2
Republican	16	0	0

Vote in the Arizona House of Representatives February 28, 2022
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 31  a
	Yes	No	Not voting
Total	31	26	3
Total percent	51.67%	43.33%	5.00%
Democrat	0	26	3
Republican	31	0	0

Lawsuit

On July 22, 2022, The Arizona Free Enterprise Club filed a lawsuit against the Arizonans for Free and Fair Elections PAC, as well as Arizona Secretary of State, Katie Hobbs. The complaint alleges that certain circulators who have collected signatures were not registered with the Secretary of State, making the signatures they have collected void.

How to cast a vote

See also: Voting in Arizona

Click "Show" to learn more about voter registration, identification requirements, and poll times in Arizona.

How to cast a vote in Arizona

Poll times In Arizona, all polling places are open from 6:00 a.m. to 7:00 p.m. local time. An individual who is in line at the time polls close must be allowed to vote. Registration Check your voter registration status here. To vote in Arizona, one must be a citizen of the United States and a resident of an Arizona county. A voter must be 18 years or older on or before Election Day. To be eligible to vote in an election one must register at least 29 days prior to the election. Individuals can register online, in person at the county recorder's office, or by mail. Automatic registration Arizona does not practice automatic voter registration. Online registration See also: Online voter registration Arizona has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Arizona does not allow same-day voter registration. Residency requirements Arizona law requires 29 days of residency in the state before a person may vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States On March 30, 2022, Governor Doug Ducey (R) signed HB2492 into law. HB2492 requires that voters submitting registration forms not produced by the U.S. Election Assistance Commission submit proof of citizenship along with their registration forms. In the case of registration forms produced by the U.S. Election Assistance Commission, HB2492 requires election officials to "use all available resources to verify the citizenship status" of applicants. Should officials be unable to verify a voter's citizenship status, that voter will be barred from voting in a presidential election or by mail in any election, pending submission of proof of citizenship. Should officials determine that a voter is not a citizen, officials will be required to forward the registration application to the county attorney and the attorney general for investigation. Officials who fail to comply with these requirements are guilty of a Class 6 felony. Verifying your registration The site Voter View, run by the Arizona Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirements Arizona requires voters to present photo identification or two forms of non-photo identification while voting. The following were accepted forms of identification as of March 2023: Click here for the Arizona Citizens Clean Elections Commission's page on accepted ID to ensure you have the most current information. Voters can present one of the following forms of ID that contain the voter’s photograph, name, and address: Driver’s license U.S. federal, state, or local government-issued ID, issued with printed name and address Arizona ID card Tribal enrollment card or other form of tribal ID If a voter does not have one of the above forms of ID, the voter can present two of the following forms of ID that contain the voter’s name and address: Utility bill in the voter's name Bank or credit union statement that is dated within 90 days of the date of the election Valid Arizona vehicle registration Arizona vehicle insurance card Indian census card Property tax statement Recorder's certificate or voter registration card Tribal enrollment card or other tribal ID Valid U.S. federal, state, or local government-issued ID with a printed name and address or Any mailing in the voter's name that is labeled "official election material"   Additionally, if a voter presents photo ID that does not list an address within the precinct in which he or she wants to cast a vote, that person may present the photo ID with one non-photo identification material from the second list above. The identification material should include the voter’s address.

See also

2022 measures

• 2022 ballot measures
• Voting policy measures on the ballot
• 2022 legislative sessions

Arizona

• Arizona ballot measures
• Arizona ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Arizona Senate Concurrent Resolution 1012 (2022)