Supreme Court to weigh Arizona proof-of-citizenship voting law

The Supreme Court agreed Monday to weigh whether Arizona can require voters to show proof of citizenship when registering to vote, taking up a high-stakes case that pits Republican voting restrictions against federal election law.

The justices granted the Republican National Committee’s request to review Arizona voting laws passed in 2022 that would require proof of U.S. citizenship, such as a birth certificate or passport, for voter registration and allow officials to purge suspected noncitizens from voter rolls. Lower courts blocked the measures, finding they violated the National Voter Registration Act (NVRA), the federal law that has governed voter registration since 1993.

At issue is whether Arizona can demand documentary proof of citizenship beyond what federal law requires. Under the NVRA, states must accept a federal registration form that only requires voters to attest they are citizens under penalty of perjury. The 2022 Arizona laws, House Bills 2492 and 2234, seek to impose stricter requirements for state registration forms and allow voter roll purges within 90 days of elections.

The case has a complicated history. In 2013, the Supreme Court struck down an earlier Arizona proof-of-citizenship requirement, ruling it violated the NVRA. Arizona then created a two-tier system: voters using the federal form can register without proof of citizenship but become “federal only” voters limited to federal elections, while those using state forms must provide citizenship documentation. In 2023, roughly 20,000 Arizona voters were registered as federal-only voters.

The Republican-controlled Arizona legislature passed the 2022 measures after the 2020 election, when President Trump made unsubstantiated claims of widespread voter fraud. Trump’s current Justice Department has joined the appeal. When the case reached the Supreme Court’s emergency docket in 2024, the justices allowed partial enforcement of the proof-of-citizenship requirement for state and local elections only.

The Court will also consider whether Arizona’s laws violate a 2018 consent decree with the League of United Latin American Citizens, a major Latino civil rights organization. Civil rights groups including Mi Familia Vota and Voto Latino challenged the laws in federal court, arguing they could prevent thousands of registered voters from casting ballots. A district judge found the regulations violated the Civil Rights Act and the NVRA, though not due to intentional discrimination.

The 9th Circuit Court of Appeals upheld most of the lower court’s ruling. If the Supreme Court rules for Republicans, legal experts warn it could significantly weaken the NVRA’s protections. The Court is expected to hear oral arguments during its next term, which begins in October, with a decision likely next year.

Sources

  • NBC News — Reported Supreme Court agreement to weigh Arizona proof-of-citizenship law, NVRA requirements, federal-only voter count of 20,000 in 2023, and Trump administration backing
  • PBS News — Covered Republican push to revive Arizona voting laws, 2022 passage of measures, and prior 2024 Supreme Court emergency ruling
  • The Hill — Detailed Republican National Committee petition, specific House Bills 2492 and 2234, lower court findings, 9th Circuit ruling, and expected timeline for arguments and decision
  • Reuters — Reported Supreme Court hearing of Republican bid to revive Arizona voter restrictions and lower court findings on federal law violations

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