By Matthew Holloway |
The U.S. Department of Justice (DOJ) has filed a brief in support of Arizona’s law requiring proof of citizenship to vote. The intervention comes in Mi Familia Vota v. Warren Petersen, a lawsuit filed by leftist groups against two laws passed by the Republican-controlled Arizona Legislature in 2022.
The laws require voters registering via the state form to provide documentary proof of U.S. citizenship to participate in state and local elections. The DOJ’s brief backs Senate President Warren Petersen’s defense of the laws following a Ninth Circuit Court of Appeals ruling that invalidated key provisions. The brief argues that Arizona’s birthplace attestation requirement “does not violate the Materiality Provision because it is generally important that an election official would consider important to the process of determining an applicant’s eligibility to vote.”
“We are thankful to again have a White House and Department of Justice committed to the rule of law and fair elections,” Petersen said in a statement. “The DOJ’s brief is appreciated in our fight to uphold a commonsense law and the will of the people. Given the clear precedent handed down from the U.S. Supreme Court, we are confident we will ultimately prevail. With the continued absence of our governor and attorney general, thankfully, the Arizona Legislature is again picking up the slack and is returning to our nation’s high court to defend election integrity.”
The case traces back to challenges by Mi Familia Vota and other groups, including some based outside Arizona, against House Bill 2492. The law bars enhances 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.
In August 2024, a three-judge Ninth Circuit panel vacated an emergency stay previously issued by another panel of the court. That decision permitted Arizona residents to register using the state form without proof of citizenship for federal races, such as U.S. president and Congress.
Petersen then sought emergency relief from the U.S. Supreme Court, which affirmed Arizona’s authority to reject incomplete registrations, marking the last binding order in the dispute until the Ninth Circuit’s latest deviation.
Eleven judges dissented from the Ninth Circuit’s most-recent majority opinion, saying, “Republican government serves as the keystone of the Constitution. In such a government, a majority of citizens who lawfully vote determines who represents us in the White House, Congress, and state legislatures. Courts must therefore defend the franchise—both by protecting the right of all citizens to vote, and by ensuring non-citizens do not vote. Arizona passed laws to protect the franchise… Sadly, the panel majority opinion undermines republican government, shreds federalism and the separation of powers, and imperils free and fair elections.”
The case now heads back to the U.S. Supreme Court for potential review, where Arizona will seek to enforce its citizenship verification requirements.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
