Supreme Court Orders Enforcement of Arizona’s Proof-of-Citizenship Voting Law

The U.S. Supreme Court ruled Thursday that Arizona can partially enforce its requirement that people registering to vote provide documentary proof of citizenship.

The law required documentary proof of citizenship — like a birth certificate, passport, driver’s license or naturalization number — in order to register to vote, Courthouse News Service reported.

The Biden administration, Mi Familia Vota and other voting rights advocacy groups sued in federal court to stop the law’s enforcement.

A federal district court ruled in September 2023 that the federal National Voting Registration Act preempted state law and issued an injunction stopping the new state law from being enforced.

The RNC then sought an emergency stay on the injunction at the 9th U.S. Circuit Court of Appeals, which ultimately upheld the lower court’s ruling.

The RNC and GOP leaders from the Arizona legislature filed an emergency petition at the U.S. Supreme Court last week seeking to lift the injunction.

The Court, in a 5-4 vote, upheld the state’s requirement that a proof of citizenship must be provided to register as an Arizona voter on its form and, therefore, be able to vote for both state and federal office seekers.

🚨BREAKING🚨A major victory today for election integrity in Arizona after the U.S. Supreme Court just moments ago affirmed that voters who register with the state MUST PROVIDE PROOF OF CITIZENSHIP to cast a ballot in our elections moving forward.

The order reverses the… pic.twitter.com/ivpp5yl2ay

— AZSenateRepublicans (@AZSenateGOP) August 22, 2024

“But the court kept on hold separate provisions challenged by the Biden administration that would prevent people without proof of citizenship from voting in presidential elections or by mail if they registered to vote using a different, federal registration form,” NBC News reported.

Five conservative justices sided with Arizona, at least in part, but Justice Amy Coney Barrett joined the three liberal justices in the dissent saying no provision of the Arizona law was enforceable.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have allowed all the provisions of the law to be enforced, regarding both federal and state elections, but Chief Justice John Roberts and Brett Kavanaugh only joined with them in upholding the state specific voter registration form.

The matter may still find its way back to the Supreme Court depending on how the 9th Circuit ultimately rules on the merits of the case. Both the 9th Circuit and Supreme Court ruled on a temporary, emergency basis, given the proximity of the election.

The Biden administration had argued Arizona’s law violated the federal National Voting Registration Act.

The law only requires that those registering to vote in federal elections to attest on the form that they are U.S. citizens, but no documentary proof of citizenship is required.

Democratic Arizona Secretary of State Adrian Fontes and other officials had declined to enforce the Arizona documentary proof of citizenship law, according to NBC News.

RNC Chairman Michael Whatley said in a statement to NBC following the Supreme Court’s ruling, “While Democrats have worked to undermine basic election safeguards and make it easier for non-citizens to vote, we have fought tooth and nail to preserve citizenship requirements, see the law enforced, and secure our elections.”

Whatley celebrated the court’s decision on X posting, “Huge win: the Supreme Court just ruled that the state of Arizona must REJECT state voter registration forms without proof of US citizenship. This follows an emergency SCOTUS appeal from the RNC. A seismic win in the fight to stop non-citizens from voting — more to come!”

Huge win: the Supreme Court just ruled that the state of Arizona must REJECT state voter registration forms without proof of US citizenship.

This follows an emergency SCOTUS appeal from the RNC.

A seismic win in the fight to stop non-citizens from voting — more to come!

— Michael Whatley (@ChairmanWhatley) August 22, 2024

The Arizona Senate President Warren Petersen noted, “Our legal battle is far from over.”

🚨FOR IMMEDIATE RELEASE: U.S. Supreme Court Affirms Voters Must Provide Proof of Citizenship in Arizona Before Casting a Ballot

Full Statement: https://t.co/MmYJM3paML pic.twitter.com/wDsz2CgQ7x

— AZSenateRepublicans (@AZSenateGOP) August 22, 2024

“While we’re grateful SCOTUS recognized our state’s sovereignty by allowing laws requiring proof of citizenship to register to vote in Arizona be enforced, individuals who are living here illegally are still able to register on the federal form without proof of citizenship,” he highlighted.

That means that they can then vote in presidential and congressional races.

Petersen concluded, “We will continue litigating this issue in the coming months with a goal of ensuring only legal U.S. citizens are casting a ballot.”