passport
Federal Court Rules Arizona Voters Must Provide Proof Of Citizenship When Registering With State

July 19, 2024

By Staff Reporter |

A federal court ruled on Thursday that those registering with the state of Arizona to vote must provide proof of citizenship. Otherwise, their application will be rejected. 

The Ninth Circuit Court of Appeals issued its brief ruling in Mi Familia Vota v. Fontes. In it, the court granted a stay pending appeal for the injunction barring enforcement of A.R.S. § 16-121.01(C), the provision in statute requiring proof of citizenship for voter registration applications not produced by the U.S. election assistance commission — in other words, state-issued forms.  

“The district court’s May 2, 2024 judgment is therefore stayed to the extent that it bars forcement of [the statute],” wrote the court. 

However, two other provisions remain blocked under this most recent ruling and the one cited from the district court. 

The previous ruling declared that the National Voter Registration Act preempts registration restrictions for presidential elections and voting by mail; the LULAC Consent Decree prohibits rejections of state registration forms on the basis of lack of documentary proof of citizenship as well as residence; the Materiality Provision of the Civil Rights Act prohibits the state from implementing a checkbox asking a voter to affirm their citizenship status as well as the requirement to disclose place of birth; and the Civil Rights Act’s Different Standards, Practices, or Procedures Provision prohibits requiring county recorders to conduct citizenship checks using the USCIS SAVE system.

Senate President Warren Petersen said the ruling represented an election integrity victory. 

“Only U.S. citizens should be allowed to vote in our elections. It sounds like common sense, but the radical left elected officials in our state continue to reject this notion, disrespecting the voices of our lawful Arizona voters,” said Warren. “We are grateful the court is upholding this provision in our law, and it’s time for Congress to take action to ensure only lawful U.S. citizens are voting in federal races.”

Lawyer Marc Elias for the activists challenging Arizona’s proof of citizenship requirements, however, argued that the ruling was a win for them since it denied key portions of the Republican motion. Elias dubbed proof of citizenship measures as “voter suppression.” 

“9th Circuit (with 3 Trump appointees) denies key portions of Republican motion to stay trial court victory in Arizona voter suppression lawsuit,” said Elias.

In addition to progressive activist group Mi Familia Vota, other parties to the case include Secretary of State Adrian Fontes (appellee), Petersen (appellant), Kris Mayes (appellant), Promise Arizona and Southwest Voter Registration Education Project (appellant).

The courts are determining whether the Arizona Republican Party may enter the case as an intervenor. 

The appeal for the case was scheduled for this September. 

Earlier this week, election integrity groups coordinating under America First Legal issued letters to all of Arizona’s county recorders reminding them to purge the voter rolls of non-citizen voters.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Get FREE News Delivered to Your Inbox!

Corporate media seeks stories that serve its own interests. But you deserve to know what’s really going on in your community. Stay up to date on the latest in Arizona by signing up to get FREE news delivered to your inbox.

You May Also Like …

Connect with us!

ABOUT  |  NEWS  |  OPINION  |  ECONOMY  |  EDUCATION  |  CONTACT

A project of the Arizona Freedom Foundation  |  All Rights Reserved 2025  |  Code of Ethics  |  Privacy Policy

Share This