By Staff Reporter |

The U.S. Supreme Court ruled in favor of Arizona’s requirement for proof of citizenship when registering to vote, in part.

In a response issued Thursday to an emergency stay application from Arizona House and Senate GOP leadership, the Supreme Court narrowly overruled the Ninth Circuit Court of Appeals order against Arizona’s law requiring proof of citizenship for state voter registration forms. 

Federal law doesn’t require proof of citizenship in order to vote in federal elections. The Supreme Court ruled in 2013 that the National Voting Rights Act (NVRA) prohibits Arizona from requiring proof of citizenship from voters registering with the federal voter registration form.

The order granted the application for stay in part and denied it in part, allowing the state to temporarily enforce its law denying voter registrations lacking proof of citizenship, even for federal elections, pending a court ruling. 

“The district court’s May 2, 2024 judgment is stayed only to the extent it enjoins enforcement of Ariz. Rev. Stat. Ann. § 16-121.01(C) (2023) pending disposition of the appeals in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if any such writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The application is denied as to Ariz. Rev. Stat. Ann. §§ 16-121.01(E) and 16-127(A).”

Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch said they would grant the application in full, while Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson said they would deny it in full. 

Earlier this month, and less than two weeks after an initial ruling, the Ninth Circuit reversed another panel within the court allowing the law to go into effect. 

The Ninth Circuit said that the requirement of proof of citizenship would “upset the status quo” by altering voter registration rules too close to this year’s elections, an “injustice” for both voters and election officials. 

The court also said that the proof of citizenship requirement improperly conflicted with the Elections Procedures Manual. 

“All Arizonans must now navigate an arcane web of shifting and confusing rules that will without a doubt dissuade some who are otherwise eligible and willing from exercising the fundamental right to vote,” said the court. 

Per the Secretary of State’s latest estimates, there are over 40,000 federal-only voters in the state. 

In a partial statement, Arizona Senate Republicans said the partial order was a major victory. The caucus said they would issue an official statement at a later date.

“The order reverses the liberally-biased Ninth Circuit Court of Appeals ruling from August 1, which momentarily blocked our laws intended to safeguard against those living in our country illegally from influencing the outcome of our elections,” said the Arizona Senate Republicans. “Only US citizens should have the privilege of casting a ballot!”

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