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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

League of United Latin American Citizens 

of Arizona; Arizona Students’ Association, 

Plaintiffs, 

v. 

Michele Reagan, in her official capacity as 

Secretary of State of Arizona; Adrian 

Fontes, in his official capacity as Maricopa 

County Recorder, 

 Defendants. 

No. CV17-4102-PHX DGC 

CONSENT DECREE 

Before the Court is the Joint Motion Requesting Entry of Consent Decree, filed by 

Plaintiff League of United Latin American Citizens of Arizona (“LULAC-Arizona”), 

Plaintiff Arizona Students’ Association (“ASA”), Defendant Michele Reagan, in her 

official capacity as Secretary of State of Arizona (the “Secretary”), and Defendant 

Adrian Fontes, in his official capacity as Maricopa County Recorder (“Recorder 

Fontes”). Doc. 36. All Plaintiffs and Defendants shall hereafter be referred to as the 

“Parties.” 

On November 7, 2017, LULAC-Arizona and ASA initiated this action against the 

Secretary and Recorder Fontes. The complaint alleged that Arizona’s dual voter 

registration policies violate the First and Fourteenth Amendments to the United States 

Constitution. Specifically, LULAC-Arizona and ASA alleged that Arizona treats voter 

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registration applicants differently depending on whether they use Arizona’s state 

registration form (the “State Form”) or the national registration form (the “Federal 

Form”). At the time the lawsuit was filed, fourteen of Arizona’s County Recorders 

rejected State Form applications submitted without valid documentary proof of 

citizenship (“DPOC”). Federal law required the County Recorders to accept Federal 

Form applications, even when they are submitted without DPOC. The Motor Vehicles 

Department (“MVD”) Proxy Table was then electronically checked through an 

automated process to determine whether the Federal Form applicants had a valid driver’s 

license, which indicates that DPOC is supposed to be on file with the MVD. Those with 

DPOC on file are eligible to vote in both state and federal elections (“Full Ballot Voter”). 

Those who did not have DPOC on file with the MVD were only able to vote in federal 

elections (“Fed Only Voter”). 

As a result, whether one who does not present valid DPOC is registered to vote in 

federal elections is entirely dependent on which form the applicant uses to register. 

Those using the Federal Form but not providing DPOC, are registered to vote in federal 

elections; and, depending on the results of the Secretary’s automated review of the MVD 

database, may be registered to vote in state elections as well. But those using the State 

Form, and not providing valid DPOC, are not registered to vote in any elections because 

the application is rejected in its entirety. LULAC-Arizona and ASA alleged that this dual 

voter registration process violated the First and Fourteenth Amendments. 

The Secretary denies that Arizona’s voter registration policies violate the First 

and Fourteenth Amendments or are otherwise illegal under state or federal law. The 

Secretary asserts that Federal and State Form applicants are not similarly situated for 

equal protection purposes. The Secretary asserts that Arizona is constitutionally 

permitted to require those applying to register to vote using the State Form to personally 

provide DPOC at the time that they submit their State Form. The Secretary further 

asserts that there is no constitutional or statutory requirement that Arizona election 

officials register applicants for federal elections when they have chosen to use the State 

Form to register to vote rather than the Federal Form. 

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 Nevertheless, the Secretary and Recorder Fontes desire to make it as easy 

possible for Arizona’s citizens to register to vote, while remaining consistent with 

Arizona and federal law and also providing necessary safeguards to deter those who 

would commit voter registration fraud. Having reviewed the applicable law, the 

Secretary and Recorder Fontes have concluded that current technology allows the 

Secretary, Recorder Fontes, and the other Arizona County Recorders to treat State Form 

applications exactly as they treat Federal Form applications, and that because of current 

technology such treatment is consistent with the provisions of Arizona law, including the 

requirements of Proposition 200, codified at A.R.S. §§ 16-166(F) and 16-152(A)(23). 

The Secretary and Recorder Fontes agree that treating Federal Form and State Form 

applications the same will make it easier for Arizona’s citizens to register to vote, while 

also providing important safeguards to prevent unlawful voter registration. Accordingly, 

on February 8, 2018, the Secretary and Recorder Fontes through their counsel notified 

counsel for LULAC-Arizona and ASA of their desire to enter into an agreement that will 

resolve the underlying litigation and also benefit Arizona’s citizens. 

The Parties have negotiated in good faith and agree to the entry of this Consent 

Decree as an appropriate resolution. Accordingly, the Parties stipulate and agree as 

follows: 

PRELIMINARY RECITALS 

1. LULAC-Arizona is the Arizona-based branch of the oldest and largest 

national Latino civil rights organization. LULAC is a non-profit membership 

organization with a presence in most of the fifty states. Founded in 1929, it works to 

advance the economic condition, educational attainment, political influence, health and 

civil rights, including voting rights, of the Hispanic population of the United States. 

2. ASA is a student-led, non-partisan membership organization created to 

represent the collective interest of the over 140,000 university students and over 400,000 

community college students in Arizona. ASA advocates at the local, state, and national 

levels for the interests of students. As a part of its mission, ASA encourages students 

throughout Arizona to register to vote through voter registration activity. 

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3. Michele Reagan is the Arizona Secretary of State. The Secretary of State is 

responsible for supervising voter registration throughout the state and providing binding 

regulations and guidelines for voter registration. A.R.S. § 16-142. Secretary Reagan was 

sued in her official capacity only. 

4. Adrian Fontes is the Maricopa County Recorder, an elected countywide 

officer. Recorder Fontes is responsible for conducting voter registration in Maricopa 

County. A.R.S. §§ 16-131, -134. Recorder Fontes was sued in his official capacity only. 

5. This action was brought by LULAC-Arizona and ASA to vindicate First 

and Fourteenth Amendment rights relating to voter registration. 

6. Arizona’s practice of treating Federal Form and State Form applications 

differently, described above, arose from past Arizona election officials’ understanding of 

the effect of Proposition 200, which was passed by Arizona’s voters in 2004 and codified 

at A.R.S. §§ 16-166(F), 16-152(A)(23), in conjunction with the technology available at 

the time. Since the passage of Prop. 200 in 2004, a new statewide voter registration 

database has been implemented and provides additional tools to election officials. 

7. Arizona’s voter registration technology, including its voter registration 

database, now allows DPOC already on file with the MVD database to be associated 

near-instantaneously with voter registration applications submitted without DPOC, 

irrespective of whether the applications are State Forms or Federal Forms. 

8. The Secretary denies that prior practices, challenged in this lawsuit, were 

unlawful. By agreeing to this Consent Decree, the Secretary and Recorder Fontes seek 

to serve Arizona’s citizens by (1) continuing to comply with Arizona law while (2) 

making the voter registration process using the State Form easier. 

DEFINITIONS 

1. “ADOT” means the Arizona Department of Transportation, which is 

established pursuant to A.R.S. § 28-331. It has the responsibility to “provide for an 

integrated and balanced state transportation system.” The Arizona Motor Vehicles 

Division is a division of ADOT. A.R.S. § 28-332(C). 

2. “AHCCCS” means the Arizona Health Care Cost Containment System, 

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which is established pursuant to A.R.S. § 36-2902. AHCCCS is Arizona’s Medicaid 

agency that offers health care programs to serve Arizona residents. 

3. “Applicant” means an individual who has submitted an application to 

register to vote in the State of Arizona. 

4. “AVID Database” means the voter registration database, currently being 

developed for the state of Arizona and intended to replace the current Database. The 

AVID Database is projected to be operational sometime in 2019 or early 2020, but shall 

be operational no later than July 1, 2020 except as provided in subparagraph (a), below. 

(a) The date of July 1, 2020, contemplated for the operational function of the 

AVID Database, is contingent on the vendor with whom the Secretary has contracted to 

develop AVID fulfilling its obligations to have AVID operational in 2019 or early 2020 

at the latest. Should the vendor be unable to meet this contingency, or should the 

implementation of the AVID Database otherwise be delayed, the Secretary shall notify 

the Court and the Parties to this Consent Decree, in writing, and shall indicate in writing 

the date by which the vendor believes that AVID will be operational. Plaintiffs retain the 

right to seek a remedy from the Court to enforce this agreement if the implementation of 

the AVID database is unduly delayed. 

(b) The provisions in this consent decree that apply to the AVID database will 

also apply to any future voter registration system adopted by the Secretary of State’s 

office. 

5. “County Recorder” means the County Recorder of each of Arizona’s 

fifteen counties, and includes all county election officials working in or in conjunction 

with their offices. 

6. “Database” means the existing electronic storage system developed and 

administered by the Secretary that contains the official voter registration record for every 

voter in the state. See A.R.S. § 16-168(J). 

7. “DES” means the Arizona Department of Economic Security, which is 

established pursuant to A.R.S. § 41-1952. 

8. “Designated voter registration agencies” are agencies that are required to 

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provide voter registration services pursuant to the National Voter Registration Act. 

9. “DHS” means the Arizona Department of Health Services, which is 

established pursuant to A.R.S. § 36-102. 

10. “DPOC” means documentary proof of citizenship, and is limited to the 

forms of satisfactory evidence of citizenship listed in A.R.S. § 16-166(F). 

11. “F-type License” means the designation that the MVD uses in its database 

to distinguish Arizona driver’s license holders who, at the time that their driver’s licenses 

were issued, were presumed by MVD to not be United States citizens. 

12. “Fed Only Voter” means an individual who is registered to vote solely in 

Arizona elections for federal office. 

13. “Federal Form” means the National Mail Voter Registration Form, 

provided by the U.S. Elections Assistance Commission and used to register to vote in 

elections for federal office, as well as the Federal Write-in Absentee Ballot and Federal 

Post Card Application as those terms are used in 52 U.S.C. §§ 20302 and 20303. 

14. “Federal Office” means the office of President or Vice President; or of 

Senator or Representative in, or Delegate or Resident Commissioner to, the United States 

Congress. 52 U.S.C. § 20502(2). 

15. “Full Ballot Voter” means an individual who is registered to vote in 

Arizona elections for federal, state, and local office. 

16. “Guidance” means formal guidance on voter registration procedures that 

the Secretary of State will provide to the County Recorders pursuant to her role as chief 

election official responsible for prescribing uniform procedures for voting. See A.R.S. § 

16-142. The Secretary will provide Plaintiffs’ counsel with copies of her Guidance 

before it is sent to the County Recorders. 

17. “MVD” means the Arizona Motor Vehicles Division. 

18. “MVD database” means the electronic storage system developed and 

administered by the Arizona Motor Vehicle Department. 

19. “MVD Proxy Table” means the MVD data provided to the Secretary of 

State that includes the nightly updates of MVD transactions that occurred in the past 

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twenty-four hours that MVD sends to the Secretary in batch form. 

20. “Procedures Manual” means the State of Arizona Elections Procedures 

Manual, which provides the rules related to voting and the conduct of elections. A.R.S. § 

16-452. The Secretary is required to develop the Procedures Manual in conjunction with 

the fifteen County Recorders. Id. The Procedures Manual has the force of law. A.R.S. § 

16-452(C). The Procedures Manual, 2018 Edition, has been drafted by the Secretary and 

submitted to the Governor and Attorney General as required by law for their review. Id. 

21. “Protected Voter Registration” means the program to ensure anonymity to 

survivors of stalking, domestic violence, and sexual assault through the Address 

Confidentiality Program provided by A.R.S. § 41-161, et seq., and certain other 

individuals pursuant to A.R.S. § 16-153. 

22. “Secretary” means the Arizona Secretary of State and her office, as well as 

successors in office. 

23. “State Form” means the options for voter registration created and provided 

by the State of Arizona and its agencies, including but not limited to the online 

registration available through Service Arizona, the paper application available on the 

Secretary of State’s website, the paper application available at all County Recorder 

offices, and the Protected Voter Registration process. 

24. “State Office” means any elected statewide, county-wide, or municipal 

public office, other than a Federal Office, for which a voter registered in the State of 

Arizona is eligible to vote. 

ORDER 

Accordingly, the Parties having freely given their consent, and the terms of the 

Consent Decree being fair, reasonable, and consistent with the requirements of state and 

federal law, 

IT IS ORDERED as follows: 

1. The Joint Motion for Approval of Consent Judgment (Doc. 36) is granted.

2. The Procedures Manual. The Parties are aware that the draft Procedures 

Manual, 2018 Edition has been submitted by the Secretary to Arizona’s Governor 

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and Attorney General for their review as required by statute. See A.R.S. § 16-

452(B). Within thirty days after entry of this Consent Decree, the Secretary shall 

revise the Procedures Manual to incorporate the terms of this Consent Decree 

(“Procedures Manual Revisions”) and send the Procedures Manual Revisions, 

together with the Secretary’s recommendation of approval, to the Governor and 

Attorney General for their review, see A.R.S. § 16-452(B), and also to Plaintiffs’ 

counsel. If Plaintiffs determine that the Procedures Manual Revisions do not 

comply with this Consent Decree, Plaintiffs may seek review by this Court 

through the Court’s procedures for motions. If the Governor and Attorney General 

do not approve the Procedures Manual Revisions or request modifications, the 

Secretary will send the Attorney General and/or Governor’s rejections or 

proposed modifications to Plaintiffs’ counsel. If those rejections or proposed 

modifications are in any respect inconsistent with this Consent Decree, Plaintiffs 

may use any available legal remedies to secure compliance with this Consent 

Decree. 

2. State Form Applications Submitted Without DPOC. Within thirty days 

after entry of this Consent Decree, the Secretary shall, in writing: 

a. provide guidance to the County Recorders to accept State Form 

applications submitted without DPOC; 

b. provide guidance to the County Recorders to enter all such 

applications in the Database (or, in the case of Maricopa County and 

Pima County, to enter all such applications in their county voter 

registration databases and transmit such entries to the Database); 

c. provide guidance to the County Recorders to immediately register 

the applicants for federal elections, provided the applicant is 

otherwise qualified and the voter registration form is sufficiently 

complete; and 

d. check all State Form applications submitted without DPOC against 

the MVD database Proxy Table, via the automated processes in the 

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Database, to determine whether the MVD has DPOC on file for the 

applicants. If DPOC is located, the Secretary shall promptly notify 

the applicable County Recorder via the automated processes in the 

Database that the State Form applicant has DPOC on file with the 

MVD and so must be made a Full Ballot Voter via the automated 

process in the Database. 

i. if the Secretary’s check performed by the automated 

processes in the Database against the MVD database Proxy 

Table indicates that a State Form applicant holds an F-Type 

License, the Secretary shall promptly notify the applicable 

County Recorder of that fact via the automated processes of 

the Database. The automated processes of the Database will 

also flag this issue so that the County Recorder will know to 

change that applicant’s voter registration status to “not 

eligible.” The Secretary shall provide guidance to the County 

Recorders that the County Recorders shall notify the 

applicant by U.S. Mail within ten business days after 

receiving notice via the automated process in the database, 

according to information on file with the MVD database, that 

the applicant holds an F-Type License indicating noncitizenship and so will not be registered to vote. The 

notification from the County Recorder shall also inform the 

applicant that the applicant can provide valid DPOC to the 

County Recorder in order to become a Full Ballot Voter. The 

notification will be accompanied by the form described in 

Paragraph 3 (the “DPOC Submission Form”). The applicant 

may submit DPOC to the County Recorder through the 

process described in Paragraph 3 to become a Full Ballot 

Voter. 

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ii. if the Secretary’s check via the automated features of the 

Database determines that a State Form applicant does not 

hold an F-Type License, but also does not have DPOC on file 

with the MVD, the Secretary shall promptly notify the 

applicable County Recorder of that result via the automated 

processes of the Database. The County Recorder shall notify 

these applicants by U.S. Mail within ten business days after 

receiving notice from the Secretary that (1) the County 

Recorder does not have the requisite DPOC to process their 

application; (2) they must submit DPOC if they wish to be a 

Full Ballot Voter; and, (3) until such time as they submit 

DPOC, they will be a Fed Only Voter and so will only be 

eligible to vote in Federal elections. The notification shall be 

accompanied by the form described in Paragraph 3 (the 

“DPOC Submission Form”). The applicant may submit 

DPOC to the County Recorder through the process described 

in Paragraph 3 to become a Full Ballot Voter. Until and 

unless the applicant submits valid DPOC, the County 

Recorders shall cause those voter registration applicants to be 

made Fed Only Voters. 

3. Provision of DPOC After the Submission of a State Form Application.

Applicants who do not submit DPOC with their State Form application and do not have 

DPOC on file with MVD, and are notified by the applicable County Recorder that they 

will be Fed Only Voters unless and until they submit DPOC, may submit valid DPOC to 

become a Full Ballot Voter. To do so, they shall submit their DPOC to the County 

Recorder with a form provided to them by that official. This form (the “DPOC 

Submission Form”), which shall be developed by the Secretary and the County 

Recorders within thirty days after entry of this Consent Decree, shall contain sufficient 

information to allow the County Recorder to link the voter registration applicant’s DPOC 

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with his or her State Form application already on file in the Database. 

A. Applicants who submit their State Form application at least twenty-nine 

days before an election as required by statute, A.R.S. §§ 16-120(A), -134(C), and whose 

valid DPOC with the DPOC Submission Form is received by their County Recorder by 5 

p.m. local time on the Thursday before the election, will be made Full Ballot Voters by 

the County Recorder and may vote in the upcoming election as a Full Ballot Voter. The 

registrations of such applicants shall be deemed to have occurred on the date that they 

originally submitted their State Form application. If the County Recorder has already 

transmitted a Fed Only early ballot to that voter, the voter will have the option to vote 

either that Fed Only early ballot or else vote a provisional Full Ballot at the polling place 

or vote center and comply with the rules regarding provisional ballots. 

B. Applicants who submit their State Form application at least twenty-nine 

days before an election, and whose valid DPOC is received by 5 p.m. local time on the 

Thursday before the election, but who do not submit the DPOC Submission Form, may 

be made Full Ballot Voters by the County Recorder if the County Recorder has sufficient 

information to link the voter registration applicant’s DPOC with the applicant’s State 

Form application already on file in the Database. If the County Recorder makes such an 

applicant a Full Ballot Voter, and if the County Recorder has already transmitted a Fed 

Only early ballot to that voter, the voter will have the option to vote either that Fed Only 

early ballot or else vote a provisional Full Ballot at the polling place or vote center and 

comply with the rules regarding provisional ballots. 

C. Applicants who do not submit their State Form application at least twentynine days before an election as provided by statute, or whose valid DPOC is received by 

their County Recorder after 5 p.m. local time on the Thursday before the election, will 

not be made Full Ballot Voters for the upcoming election. The County Recorder shall 

make such applicants Full Ballot Voters within five business days after processing 

provisional ballots, and they shall be Full Ballot Voters for subsequent elections. 

D. For all applicants who submit State Form applications without valid 

DPOC, but subsequently submit valid DPOC and do not submit the DPOC Submission 

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Form, the County Recorder may make the applicant a Full Ballot Voter if the County 

Recorder has sufficient information to link the voter registration applicant’s DPOC with 

the applicant’s State Form application already on file in the Database. If the County 

Recorder lacks sufficient information to link the DPOC to the voter’s application in 

order to make the applicant a Full Ballot Voter, the County Recorder may follow up with 

the applicant to seek the missing information if the County Recorder has sufficient 

information to do so. Applicants who subsequently provide the missing information 

necessary to link their DPOC to their applications shall be made Full Ballot Voters by 

the County Recorder within ten business days. 

4. State Form Applications Submitted On or After January 1, 2017. This 

Consent Decree will govern all voter registration applications submitted after entry of 

this Consent Decree, including applications submitted within thirty days after entry of 

this Consent Decree. However, within thirty days after entry of this Consent Decree, the 

Secretary shall also provide written guidance to all County Recorders except the 

Maricopa County Recorder that, pursuant to the Consent Decree, they may, at their 

discretion, implement the new procedures outlined in Paragraphs 2–3 of this Consent 

Decree for State Form applications dating back to January 1, 2017, provided that they 

have the capability to ensure that such applicants have not moved, become deceased, or 

otherwise subsequently already registered to vote. Any applicants whose applications 

were filed before entry of this Consent Decree who are newly registered as Fed Only or 

Full Ballot Voters as a result of that process will be given the proper notice of their new 

registration status by U.S. Mail. 

Within ninety days of entry of this Consent Decree, the Maricopa County 

Recorder shall implement the new procedures outlined in Paragraphs 2–3 of this Consent 

Decree for State Form applications dating back to January 1, 2017. This process shall 

include: (1) entering all State Forms submitted without DPOC into the database and 

immediately registering those applicants for federal elections, (2) checking the 

applicants’ status against the MVD database, and (3) sending the applicants notification 

of their new registration status. 

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5. Federal Form Applications. Within thirty days after entry of this Consent 

Decree, the Secretary shall provide written guidance to the County Recorders to 

promptly register all applicants who submit their Federal Form application with valid 

DPOC as Full Ballot Voters and promptly register all applicants who submit their 

Federal Form application without valid DPOC as Fed Only Voters. From the date of the 

entry of the Consent Decree, the Secretary shall also cause all new Federal Form 

applications submitted without DPOC to be checked against the MVD Proxy Table 

promptly upon entry into the Database, via the automated processes in the Database, to 

determine whether the MVD has DPOC on file for such Federal Form applicants, and 

take the following steps: 

a. If this check determines that the MVD Proxy Table has DPOC on file for 

any Federal Form applicant, the Secretary shall promptly notify the applicable County 

Recorder via the automated process in the Database that the applicant has DPOC on file 

with MVD and so must be made a Full Ballot Voter via the automated process in the 

Database. 

b. If this check determines that the MVD Proxy Table has information 

indicating that any Federal Form applicant holds an F-Type License, the Secretary shall 

promptly notify the applicable County Recorder of that fact via the automated processes 

of the Database and flag this record for the County Recorder to change that applicant’s 

voter registration status to “not eligible.” The County Recorder shall notify the applicant 

by U.S. Mail within ten business days after receiving notice from the Secretary that, 

according to information on file with the MVD database, the applicant holds an F-Type 

License indicating non-citizenship and so will not be registered to vote. The County 

Recorder’s notice shall also inform the applicant that, if this information is not correct, 

the applicant may provide valid DPOC in order to become a Full Ballot Voter. The 

notification will be accompanied by the DPOC Submission Form described in Paragraph 

3. The applicant may submit valid DPOC to the County Recorder through the process 

described in Paragraph 3 to become a Full Ballot Voter. 

c. If this check determines for any applicant that the MVD database does not 

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have DPOC on file and also that the applicant does not hold an F-Type License, the 

Secretary shall promptly notify the applicable County Recorder of that result via the 

automated processes of the Database. The County Recorder shall notify these applicants 

by U.S. Mail within ten business days after receiving notice from the Secretary that (1) 

the County Recorder does not have the requisite DPOC to process their application; (2) 

they must submit valid DPOC if they wish to be a Full Ballot Voter; and, (3) until such 

time as they submit valid DPOC, they will be a Fed Only Voter and so will only be 

eligible to vote in Federal elections. The notification will be accompanied by the DPOC 

Submission Form described in Paragraph 3. The applicant may submit valid DPOC to 

the County Recorder through the process described in Paragraph 3 to become a Full 

Ballot Voter. Until and unless the applicant submits valid DPOC, the County Recorders 

shall cause those voter registration applicants to be made Fed Only Voters. 

d. Federal Form applicants who subsequently submit valid DPOC shall be 

made Full Ballot Voters according to and in conformity with the process described in 

Paragraph 3. 

6. Registered Voters Who Move From One Arizona County to Another. 

The AVID Database or another voter registration database similar to the AVID Database 

shall be operational as described, and according to the terms set forth, in the Definitions 

section of this consent decree. When the AVID Database is operational, the Secretary 

and County Recorders will be able to verify DPOC and append that information to 

applicants’ voting records when those applicants change voter registration from one 

Arizona county to another. Consequently, once the AVID Database is operational and in 

use by the Secretary and the County Recorders, registered Full Ballot Voters will not be 

required to independently submit DPOC to their new County Recorder, so long as their 

DPOC is in the AVID Database. 

 7. Application to Other Forms of Registration. The procedures outlined 

above for processing voter registration applications submitted without valid DPOC will 

apply equally to all forms of voter registration, including voter registration through 

designated voter registration agencies, the Federal Post Card Application (FPCA), the 

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Federal Write-In Absentee Ballot, and the In-Person EZ Voter Registration system.

8. Education of the Public. The Secretary shall continue to make reasonable 

efforts to better educate the citizens of Arizona concerning their opportunities to register 

to vote, including opportunities presented by the Federal Form. The Secretary will 

provide Plaintiffs’ counsel with a copy of the planned notice that she intends to place on 

her website. Within thirty days after the entry of this Consent Decree, the Secretary shall: 

a. Update her website to explain that: 

i. the State Form requires valid DPOC for state elections only; 

ii. submission of a sufficiently complete State Form with valid DPOC will 

make the applicant a Full Ballot Voter; 

iii. submission of a sufficiently complete State Form without DPOC will 

make the applicant a Fed Only Voter; 

iv. the Federal Form does not require DPOC; 

v. submission of the Federal Form without valid DPOC will make the 

applicant a Fed Only Voter; and 

vi. submission of the Federal Form with valid DPOC will make the 

applicant a Full Ballot Voter. 

b. Provide guidance to the County Recorders that they should provide the 

information required in this Section 8 on their websites; 

c. Notify ADOT, DHS, AHCCCS, and DES of the changes in voter 

registration procedures outlined in this Consent Decree; 

d. Within four months after the entry of this Consent Decree, the Secretary 

shall create a new State Form that explains that citizens who do not submit DPOC with 

their registration forms will be registered only for federal elections until the appropriate 

proof of citizenship is provided or acquired. The Secretary will provide notice to 

Plaintiffs’ counsel regarding the form of the explanation described in the previous 

sentence. The Secretary will create the new State Form within three months if the 

Secretary determines that it is possible to do so. The Secretary shall provide guidance to 

the County Recorders and all State Offices that disseminate voter registration forms, 

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including designated voter registration agencies, that they should utilize the new State 

Form as soon as practicable. See A.R.S. § 16-352(C). Within thirty days after entry of 

the Consent Decree, the Secretary will provide written notice to the County Recorders 

that there will be changes made to the State Form within four months after the date the 

Consent Decree was entered. 

10. Continuing Jurisdiction. The Court shall retain jurisdiction over this 

action until December 31, 2020 to enter such further relief as may be necessary for the 

effectuation of the terms of this Consent Decree. 

11. Attorneys’ Fees and Costs. The Parties will continue to confer regarding 

what amount, if any, the State Defendants should pay to Plaintiffs for their attorneys’ 

fees and costs. If the Parties are unable to agree privately upon payment of fees and 

costs, Plaintiffs will file a motion for attorneys’ fees and costs pursuant to 42 U.S.C. § 

1988 within forty-five days after entry of this consent decree. 

 The Clerk of Court is directed to terminate this action. 

 Dated this 18th day of June, 2018. 

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