By Staff Reporter |
Arizona state lawmakers requested the U.S. Supreme Court to take up an appeal on the state’s proof of citizenship for voter registration.
Last February, the Ninth Circuit Court of Appeals struck down two laws which established proof of citizenship requirements. That court declared Arizona’s laws attempting to add more requirements on voter registrations were preempted by the simpler registration requirements of federal voting rights laws under the National Voter Registration Act (NVRA) and were therefore invalid.
Those laws, passed in 2022 under then-Gov. Doug Ducey, restricted mail-in voting for registrants lacking citizenship verification in addition to requiring recorders to check federal citizenship databases and applicants to provide documentary proof of citizenship and residence. These pieces of legislation emerged following the Supreme Court’s 2013 decision against an Arizona law requiring proof of citizenship when registering to vote in federal elections.
Several years later, in 2018, the state entered into a consent decree requiring county recorders to search Arizona Department of Transportation (ADOT) records for state registration forms lacking proof of citizenship. Those applications without verifiable citizenship proof through ADOT would only be allowed to cast ballots in the federal election, otherwise known as “federal-only voters.”
A number of progressive activist organizations joined in a lawsuit to challenge these laws: Mi Familia Vota, Voto Latino, Living United for Change in Arizona, League of United Latin American Citizens, Arizona Students Association, ADRC Action, Arizona Coalition for Change, Poder Latinx, Chicanos Por La Causa and their affiliated action fund, Democratic National Committee, Arizona Democratic Party, Arizona Asian American Native Hawaiian and Pacific Islander for Equity Coalition, Promise Arizona, and the Southwest Voter Registration Education Project.
The Inter-Tribal Council of Arizona, San Carlos Apache Tribe, Tohono O’odham Nation, and Gila River Indian Community also were among the challengers to proof of citizenship laws, citing concerns with challenges tribal members face to obtain proof of residency. Several tribal members were named independently in the lawsuit: Keanu Stevens, Alanna Siqueiros, and LaDonna Jacket.
The leaders of the Republican-led Arizona legislature filed their petition with the Supreme Court this week.
Sen. President Warren Petersen (R-LD4) issued a press release announcing the Supreme Court petition in which he accused the Ninth Circuit judges of having “rewrote” federal law and ignored Supreme Court precedent.
“For more than two decades, Arizona has required proof of citizenship to register to vote, because only American citizens should decide American elections,” said Petersen. “This case is about whether states still have the power to enforce commonsense safeguards to ensure only eligible voters participate in our elections. Arizona is standing up not just for our state, but for every state’s constitutional authority to secure its own elections.”
The filing argues that the Ninth Circuit ruling against Arizona law stretches federal voting law far beyond its allowable interpretation.
“This case, which comes to the Court on a non-expedited basis and underpinned by a comprehensive evidentiary record, offers an ideal vehicle for clarifying the NVRA’s preemptive scope, affirming that federal consent decrees cannot perpetually paralyze state legislative bodies, and vindicating the presumption of legislative good faith,” read the filing.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
