SCOTUS Will Allow Arizona’s “Proof of Citizenship” Voter Registration Law — With Limits

A Supreme Court order Thursday will allow Arizona to enforce a state law requiring proof of citizenship for voters registering with state forms.

The order issued by the Court did not, however, reinstate the portion of this law that would have barred those using federal forms from voting by mail or in presidential elections unless citizenship can be verified.

The way Arizona’s voting system is structured, residents may register to vote using either a state form or a federal form. While the federal form only requires voters to swear under penalty of perjury that they are U.S. citizens, Arizona’s state registration policy mandates that proof of citizenship be provided.

Those who register using the federal form are only entitled to vote only in federal elections, however, and in order to vote in all state and local elections, registrants must submit proof of citizenship.

Known as H.B. 2492, the law at the heart of this case was enacted in 2022 and required citizenship verification for anyone registering to vote in the state, including those who register using the federal form.

Under this law, officials are directed to verify registrants’ citizenship, and if that cannot be done, proof of citizenship must be submitted before one can vote in presidential elections or by mail.

Click Here to Read the Full Text of the Arizona Law

As the Court’s decision this week was not a full ruling — only a response to Arizona Republicans’ emergency application for a stay of a Ninth Circuit injunction — legal reasoning for the Justices’ decision was not provided.

At the close of this order, it was noted that Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted Arizona’s application for a stay in full. Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson, on the other hand, said that they would have denied the application in full.

Chief Justice John Roberts and Justice Brett Kavanaugh did not publicly indicate how they voted on the stay, although it has been speculated that they must have provided the support necessary to reinstate the state portion of the law.

This stay will remain in effect pending a final ruling from the Ninth Circuit Court of Appeals and any future petition for a writ of certiorari. If a writ is sought and denied, the Court’s stay will terminate automatically. If a writ is granted, the stay will remain in place until the Court issues a final ruling.

Click Here to Read the Supreme Court’s Full Order

Earlier this summer, Congressional Republicans in Washington D.C. advanced a bill that would require proof of United States citizenship nationwide when registering to vote in hopes of securing the country’s elections.

This proposal has sparked strong push-back from legislative Democrats and the Biden Administration, arguing that it would do nothing to secure elections and only make it harder for Americans to cast their ballots.

[RELATED: Bill Requiring Proof of Citizenship to Become Registered Voter Introduced by Lawmakers]

Similar arguments have emerged in the past with respect to the debate over proposed voter ID laws.

The Safeguard American Voter Eligibility Act — referred to as the SAVE Act — was put forward earlier this year by a large group of Republican lawmakers with the purpose of protecting the integrity of U.S. elections in light of the surge in illegal immigration.

Under the proposed law, those seeking voter registration would need to provide “documentary proof of United States citizenship,” such as a REAL ID compliant form of identification, passport, military ID, or a government-issued photo ID “showing that the applicant’s place of birth was in the United States.”

Other government-issued photo IDs may be used if presented in conjunction with another qualifying document, such as a birth certificate or naturalization certificate.

Click Here for More Information on the SAVE Act

The House voted in support of the SAVE Act in early July in a roll call of 221-198. All Republicans present in the chamber at the time of the vote supported the bill, while all but five Democratic representatives voted against it.

Among the five Democrats voting in support of the SAVE Act were Reps. Jared Golden (D-ME), Henry Cuellar (D-TX), Donald G. Davis (D-NC), Vicente Gonzalez (D-TX), and Marie Gluesenkamp Perez (D-WA).

[RELATED: House Advances Bill Requiring Proof of Citizenship When Registering to Vote, Maine Delegation Splits]

Although the SAVE Act has now successfully been advanced in the House, it is unlikely that the legislation will be able to gain traction in the Democrat-controlled Senate, and given the Biden Administration’s express opposition to the measure, the bill would likely be vetoed if it were to reach the president’s desk.