By Staff Reporter |
Earlier this week, the Ninth Circuit Court ruled against two Arizona laws requiring proof of citizenship to vote: HB 2243 and HB 2492.
HB2243 was passed in 2022 and signed by then-Governor Ducey to authorize birthplace disclosure and county recorders to authenticate a voter’s citizenship based on “reason to believe” the voter may not be a citizen.
HB2492 was also passed in 2022 and signed by then-Governor Ducey to enhance the legal guardrails of the Arizona voter registration process, ensuring that proof of citizenship is required to ensure only U.S. citizens are voting in our elections.
The Arizona Free Enterprise Club (AFEC) called the ruling “outrageous and unprecedented” in a press release.
Scot Mussi, AFEC President, accused the Ninth Circuit Court of partisanship. Mussi expressed hope that the Supreme Court would take on the case and overrule the circuit court.
“It’s clear this circuit court panel is motivated by radical ideology, and not the impartial judgment of the law,” said Mussi. “After months of legal wrangling over this law, and clear guidance from the nation’s high court, the Ninth Circuit still wrongly believes that it is the final arbiter of the U.S. Constitution and our laws. This ruling will continue to sow doubt into our system of government and will cost much more in taxpayer dollars thanks to the emergency appeal that will be again filed at the U.S. Supreme Court.”
HB 2492 was authored by the Arizona Free Enterprise Club and passed by the Arizona Legislature in 2022 to stop non-U.S. citizens from registering to vote and casting ballots in our state. Previously, a panel on the U.S. Court of Appeals for the Ninth Circuit allowed Arizona officials to reject state voter registration forms without proof of citizenship, which was part of the intent and purpose of the law in question. Yet, another panel on the same appeals court inexplicably overturned this order, vacating enforcement of the law concerning state voter registration forms, leading to an emergency appeal to the U.S. Supreme Court. The U.S. Supreme Court quickly overruled the Ninth Circuit’s order, allowing the provision on proof of citizenship for state voters to go into effect. This was the last court action in this case until the latest surprising decision by the Ninth Circuit.
Those involved in the lawsuit included pro-illegal immigrant activist organizations Poder Latinx and Chicanos Por La Causa.
In a press release announcing their victory, Poder Latinx executive director Yadira Sanchez claimed HB2492 amounted to voter suppression and enabled racial discrimination.
“Arizona’s ‘reason to believe’ policy was a clear attempt to suppress naturalized citizens by subjecting them to discriminatory scrutiny. This ruling affirms that no voter should be treated as less American based on where they were born,” said Sanchez. “While this is a step toward a fairer electoral system, voter suppression tactics continue to evolve, targeting communities of color and immigrants. Poder Latinx remains committed to our mission to ensure that every eligible voter has the opportunity to make their voice heard and fully participate in our democracy, and to fight any effort to silence our communities.”
Joseph Garcia, vice president at Chicanos Por La Causa, expressed a general opposition to restrictions on voting.
“This is a victory for the voters,” said Garcia. “We must make voting more accessible, not arbitrarily more difficult. It’s simple: Everyone who is eligible to register to vote should be allowed to register and vote.”
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