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Toma And Petersen Continue Fight In Federal Court To Require Proof Of Citizenship To Vote

May 22, 2024

By Daniel Stefanski |

Arizona legislative Republicans are again standing for election integrity.

Last week, Senate President Warren Petersen, House Speaker Ben Toma, and the Republican National Committee (RNC) filed a motion “for a partial stay of the injunction against the enforcement of those provisions of HB 2492 that:

1. Prohibit registered voters who have not provided documentary proof of citizenship (DPOC) from voting for President of the United States;

2. Prohibit registered voters who have not provided DPOC from voting by mail; or

3. Are inconsistent with the consent degree entered in League of United Latin American Citizens of Arizona v. Reagan.”

The case that the Arizona Legislature and the RNC weighed in on was Mi Familia Vota v. Fontes.

The Arizona State Senate Republican Caucus wrote, “Biden’s open border policies are causing chaos and eroding confidence in Arizona’s elections. Seems like common sense, but only American citizens should have the right to cast a ballot in our elections. Senate President Warren Petersen is fighting to block individuals who do not provide proof of citizenship from this privilege. Election integrity is being compromised, and we will not sit idly by while our state and country are run into the ground by flawed election practices. Today, we filed a motion asking a U.S. District Court to allow Arizona to enforce its laws that limit voting for president and voting by mail to only those who provide proof of citizenship.”

Speaker Toma added, “Arizona voting laws that require proof of citizenship are common-sense regulations & critical to ensuring confidence in Arizona elections. I intervened in the Mi Familia case last year to fully defend these laws in federal court. Today I asked the court to stay its injunction and allow Arizona to enforce its citizenship requirements in the 2024 election.”

“It’s common sense,” said President Petersen in an exclusive comment to AZ Free News. “If you are not a legal citizen, you should not have the right to vote in the US. Other countries prohibit non-citizens, and we should too. It is unfathomable that the Democrats and the judicial branch are fighting us on this issue.”

In a press release, the Republican National Committee noted the joint court filing, stating that it had “filed a motion to stay the court’s order, pending our appeal, that ruled Arizona cannot require proof of citizenship in mail voting and presidential elections. If successful, this means Arizona would require documentary proof of citizenship ahead of this year’s election as we fight the issue on appeal. This is a consequential legal step to stopping non-citizen voting in Arizona.”

In their brief, the intervenor-defendants argued that “the Ninth Circuit is likely to find that neither the NVRA nor the LULAC Consent Decree preempts HB 2492, [that] the partial nullification of HB 2492 irreparably injures the legislative intervenors as representatives of the state and of the legislative institution and inflicts a competitive injury on the RNC, [and that] the balance of equities and public policy support a partial stay.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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