Supreme Court partially uphold Arizona law requiring proof of citizenship for voter registration

By 
 August 23, 2024

For much of the past several years, former President Donald Trump has made election integrity a key part of his political platform.

That's why Trump and other Republicans had reason to celebrate this week after the Supreme Court partially reinstated an Arizona voting law. 

Law may demand proof of citizenship with state-issued voter registration form

According to SCOTUS Blog, America's highest judicial body ruled that Arizona may require residents to provide proof of citizenship when they register to vote using state-provided forms.

However, the Supreme Court refused to reinstate another requirement that proof of citizenship also be provided when a standard federal registration form is used.

Of the five justices who allowed the state form rule to be enforced, three indicated that they would have reinstated the requirement for proof of citizenship with federal forms as well.

The three justices who said the decision did not go far enough were Clarence Thomas, Samuel Alito, and Neil Gorsuch, all of whom are Republican appointees.

Meanwhile, fellow Republican appointee Amy Coney Barrett sided with the Court's left-leaning members in arguing that both rules should be struck down.

Democrats said proof of citizenship rule was precluded by federal law

SCOTUS Blog noted how the National Voter Registration Act of 1993 (NVRA) mandates that states "accept and use" a standard form for registering voters in federal elections.

Although the form forces registrants to affirm their citizenship status under penalty of perjury, it does not require that any documentation be provided.

Arizona passed legislation requiring proof of citizenship for would-be voters in 2022, with the new law being quickly challenged by the Biden administration along with Democrats and voting rights groups.

They maintained that the law was superseded by the NVRA and thus could not be enforced, a position with which a federal court agreed last year.

GOP argued that Arizona has a constitutional right to set voter qualifications

However, the Republican National Committee (RNC) and GOP state lawmakers defended the law, contending that Arizona was not precluded from adding a citizenship requirement to federal forms.

"The Constitution gives states the power to set voter qualifications, and Arizona is leading the charge to ensure ONLY CITIZENS vote in our elections," Fox News quoted the Arizona GOP as stating in a social media post earlier this year.

"This case has the potential to prevent non-citizen voting once and for all, which should have been the case all along," it added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson