State Representative Jake Hoffman’s (R-Queen Creek) controversial proof of citizenship for voting bill passed the Senate on Wednesday along party lines. HB2492 now heads to the governor for final approval. The legislation requires that individuals provide proof of citizenship when registering to vote in the state, and further requires election officials to confirm with all available government databases that the applicant is an American citizen.
The bill advanced steadily through both the House and the Senate, moving out of Senate committee less than two weeks ago, shortly after it was passed by the entire House a few weeks before that. The legislation didn’t advance without pushback, however. Community activists attempted to stall the bill during its consideration by the Senate Judiciary Committee, forcing a recess with their antics such as shouting down the legislators and shouting, “Shame!” repeatedly after the bill passed.
In a statement to AZ Free News, Arizona Free Enterprise Club President Scot Mussi was hopeful that Governor Doug Ducey would sign the bill. Mussi applauded the legislature for passing a bill that aligned with the state and federal constitution, forecasting that the bill would prevent bad actors from interfering with elections.
Senate Democrats had a different perspective of the bill: they claimed that the legislation would force numerous Arizonans to register to vote again. They also claimed that the bill violated federal election law.
On the floor today is #HB2492, which would force millions of Arizonans to re-register to vote and blatantly violates federal law. The legislature’s own attorneys said as much. pic.twitter.com/YAybkBI8Fz
— Arizona Senate Democrats (@AZSenateDems) March 23, 2022
In regard to the constitutionality claim, Arizona Free Enterprise Club Deputy Director Greg Blackie explained during the Senate Judiciary Committee hearing that the 2013 Supreme Court ruling determined that the National Voter Registration Act didn’t stop states from denying an applicant’s registration based on information that proved the applicant’s ineligibility. Under this bill, that would mean proof that an applicant isn’t a citizen.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Wednesday afternoon, the Senate will vote on a bill requiring proof of citizenship in order to register to vote. HB2492 was passed out of the House along party lines a little less than a month ago.
The bill has earned the ire of left-wing groups. Illegal immigrant voting activists shouted down the Senate Judiciary Committee earlier this month after they approved the bill along party lines. It also inspired pushback from those who were in the national spotlight recently, such as an illegal immigrant who stalked Senator Kyrsten Sinema (D-AZ) into an Arizona State University (ASU) bathroom.
HB2492 would impact federal-only voters heavily because they aren’t required by federal law to provide proof of citizenship. The bill would prevent individuals from gaming that system by requiring a proof of citizenship in order to register to vote in Arizona. Once an individual submits their voter registration application, election officials would rely on all levels of government databases to determine the applicant’s citizenship.
If there’s proof that the applicant isn’t a citizen, then election officials would refer the case to both the county attorney and attorney general for further investigation. If no data exists to prove or disprove the applicant’s citizenship status, then the election officials would merely notify the applicant of their rejection and offer them time to respond with proof of citizenship.
Election officials would also be required to give to the attorney general a list of all individuals who registered to vote in the past but didn’t provide satisfactory evidence of citizenship by Halloween of this year. The attorney general would have until next March to investigate the citizenship status of those on the list and submit a report on the findings to the secretary of state, Senate president, and House speaker.
According to the bill sponsor, State Representative Jake Hoffman (R-Queen Creek), there were over 11,000 individuals who didn’t provide a proof of citizenship prior to voting in the 2020 election, compared to 1,700 individuals who did the same in 2018.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Thursday, the Senate Judiciary Committee passed a bill to require proof of citizenship for those registering to vote, 5-3 along party lines. HB2492, which would require county recorders to search databases for a registrant’s citizenship proof, passed the House at the end of February.
Activists present were outspoken, interrupting the meeting multiple times to the point that Chairman Warren Petersen (R-Gilbert) had to remove an individual from the room and call a five minute recess.
SHAME ON THE COMMITTEE PASSING #HB2492!! We packed the room and told them that passing this would be unconstitutional yet they DO NOT LISTEN TO THE COMMUNITY. pic.twitter.com/7kvSHRo48I
During public comment on HB2492 in committee, there was contention as to whether HB2492 violated the Supreme Court (SCOTUS) 2013 ruling in Arizona v. Inter Tribal Council of Arizona. That ruling struck down Arizona’s law requiring voter registration applicants to be turned down if the registrant didn’t provide proof of citizenship, declaring that the federal voting laws established through the National Voter Registration Act (NVRA) of 1993.
Arizona Association of Counties (AACo) Executive Director Jen Marson, quoted from SCOTUS Justice Antonin Scalia’s opinion in the 2013 ruling to argue that the ruling nullified HB2492. Marson insisted that passage of the law would effectively require counties to violate federal law.
“‘We hold that [NVRA] precludes Arizona from requiring a Federal Form applicant to submit information beyond that required by the form itself. Arizona may, however, request anew that the [Election Assistance Commission] EAC include such a requirement among the Federal Form’s state-specific instructions, and may seek judicial review of the EAC’s decision under the Administrative Procedure Act,’” read Marson.
Those in favor of the bill argued that it complied with the SCOTUS ruling because voter registration would only be denied for those found to not be citizens, not those who merely lack citizenship proof.
Arizona Free Enterprise Club Deputy Director Greg Blackie rebutted that the bill wouldn’t violate the 2013 ruling because Scalia also said that the “NVRA doesn’t preclude states from denying registration based on information in their possession establishing the applicant’s ineligibility” — meaning, that those found to not be citizens could be rejected and those without any information confirming or denying their citizenship could be registered as federal-only voters.
“This bill carefully stays within the framework established by Arizona v. Inter Tribal Council,” insisted Blackie.
In addition to the nuance of compliance with SCOTUS, legislators emphasized that determining citizenship was a must-have for elections. Majority Whip Sonny Borrelli (R-Lake Havasu City) said that the bill had nothing to do with voter suppression.
“I don’t want somebody coming in here from a foreign country — particularly, you know, Italy for that matter — and just coming in and registering on a president-only vote, ballot, and they’re not even a US citizen. Because what that does, it nullifies the legal resident,” said Borrelli. “I don’t see the big burden here; I mean we want to make sure that a legal citizen has a right to vote and an illegal vote does not negate a legal vote. And that’s what it is, that’s about voter protection. It’s not about undermining the vote.”
Outspoken Democrats on the bill were rebuked by Petersen for going off the subject and impugning Republicans’ motives. Minority Whip Martin Quezada (D-Glendale) implied that Republicans were purposefully targeting individuals like the activists in attendance at the committee meeting because they feared them.
“What do those people look like? And why are those people being targeted if this bill passes? They’re afraid of you all right now. And this bill is targeting you all right now —” said Quezada.
“That’s absolutely ridiculous,” interjected Petersen. “Mr. Quezada, you’re impugning the motives of the sponsor of this bill and the members of the committee.”
Petersen stated that there are 36,000 people in Arizona registered to vote that haven’t proven citizenship status, noting that just recently an individual complained that the bill jeopardized their ability to vote in Arizona because they’re an illegal immigrant.
“I even saw a tweet from someone who said, ‘This bill is a risk to me! I’m a DACA person,’” stated Petersen. “We want everyone to vote, but we want citizens to vote. And it’s our job to make sure that happens.”
Call your AZ State Rep and deliver a message to save democracy in the state #HB2492 is threatening my ability as #DACA and the ability of #immigrants in AZ to help those eligible citizens to register to #VOTE Make a call now https://t.co/e2tMCn32Nj
Legislature Democrats expressed that they won’t vote to restore precinct committeemen (PC) elections this year unless Republicans kill a bill requiring proof of citizenship for voter registration, one railbird informed AZ Free News. The passage of that election integrity bill out of committee, HB2492, on Thursday appeared to be a setback for Republicans hoping to correct a mistake made last week with the passage of HB2839.
As AZ Free News reported earlier this week, HB2839 gave a political party’s local county committee the sole authority to determine who gets appointed as PC. The bill intended to alleviate candidates’ qualification deadlines for this year’s primary election under the new redistricting. However, a section that allowed PC candidates to skip signature gathering also allowed local committee members to choose the PC appointments.
Republicans need supermajority in both the House and Senate to pass the emergency measures effectively reversing HB2839 and restoring PC elections for this year, HB2840 and SB17200. PCs are responsible for helping their party by providing aid with voter registration and voter assistance during elections, as well as nominating candidates to fill county or state office vacancies.
HB2492 sponsor, State Representative Jake Hoffman (R-Queen Creek), sent out an email call-to-action acknowledging the murmurings that Democrats would kill PC restoration following the passage of his bill.
“Rumors are swirling at the Capitol that the Senate may try to trade HB2492 in exchange for Democrats voting for the PC election repeal so it gets an emergency clause,” wrote Hoffman. “We cannot horse trade with critical election integrity legislation!”
Reportedly, legislators failed to identify HB2839’s consequences for several reasons: some admitted to not reading the bill’s language and trusted their leadership’s take on the bill, while others just misread the bill completely.
The controversial proof-of-citizenship bill passed the Senate Judiciary Committee along party lines, 5-3. Those who showed up to oppose the bill shouted, “Shame!” repeatedly at the committee after they passed the bill.
SHAME ON THE COMMITTEE PASSING #HB2492!! We packed the room and told them that passing this would be unconstitutional yet they DO NOT LISTEN TO THE COMMUNITY. pic.twitter.com/7kvSHRo48I
In response, State Senator Warren Petersen (R-Gilbert) thanked the crowd for making their approval of the bill easier.
“Thank you for showing us who you are,” said Petersen. “You’re making this easy, thank you.”
HB2492 caused a lot of chaos in the senate judiciary today. Every person should have to prove they are a citizen of the united states when voting. To the people who shouted and screamed at the committee today, you only embarrassed yourself. pic.twitter.com/iRMcAD8cJ0
This week got off to a great start. On Monday, the Arizona House passed HB2492, a bill that would safeguard our voter rolls by ensuring that only qualified, U.S. citizens are registered to vote, able to vote in Presidential elections, and eligible to vote by mail.
But the good news didn’t stop there.
The House also passed SCR1012, known as the Arizonans for Voter ID Act. And with the Senate already passing this ballot referral late last week, that means the people of Arizona will now get to decide on universal voter ID in November.
This is an important step to ensure the integrity of our elections. “Easy to vote and hard to cheat” should be the benchmark for every election we have. And in Arizona, voters certainly have many ways to exercise their vote, including day-of-polls, early voting, and mail-in voting.
But the security of our elections has been a different story…
