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Arizona Court Decision Tightens Rules for Voter Registration Without Citizenship Proof

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In Arizona, a court ruling narrows path for registering to vote without proof of citizenship

Arizona residents must now provide proof of U.S. citizenship when registering to vote using the state form, following a temporary ruling from the 9th U.S. Circuit Court of Appeals on Thursday. This new mandate means registrations will be rejected without the necessary documentation.

Previously, citizens could use the state form and still participate in federal elections even if they lacked citizenship proof. Arizona law mandates that voters show citizenship documentation, unlike federal law which only calls for a declaration of citizenship without requiring evidence.

Since a 2013 U.S. Supreme Court decision, Arizona has maintained separate voter rolls for those who registered without proof of citizenship but could vote in federal elections. Thursday’s decision partially overturned a lower court’s ruling against newer Arizona laws concerning federal-only voters, resulting in a significant change in registration practices established by a 2018 consent decree.

The temporary stay by the appeals court will remain until an appeals panel reviews the case in September. County recorders could face felony charges for adding state-form registrants to voter rolls without proof of citizenship during this period.

This case began when Republicans passed two laws in 2022, tightening restrictions on federal-only voters and requiring frequent citizenship checks. Various voting rights organizations opposed these laws, deeming them discriminatory and in violation of federal laws. In May, the U.S. District Court of Arizona agreed, striking down significant parts of the 2022 statutes.

In response, Republican leaders sought and received a partial stay from the appellate court. This has turned proof of citizenship into a contentious issue, with Republicans advocating for federal legislation to mandate citizenship documentation for federal elections, despite experts noting that voter fraud by noncitizens is rare and already a felony under federal law.

State Senate President Warren Petersen praised the ruling as a victory for election integrity. However, Arizona election lawyer Jim Barton criticized it, arguing it will suppress voters and expressing hope for a swift reversal. Voter registration groups have indicated they might now promote the use of the federal voter registration form for those lacking immediate citizenship documentation.

The ruling allows for federal-only voters to remain voting in federal elections but not for president or by mail. Analysis indicates that individuals on the federal-only list tend to be younger or live near college campuses, with newly naturalized citizens also frequently represented.

Kyle Nitschke, co-executive director of the Arizona Students’ Association, described the ruling as “horrific” and mentioned it would alter how their organization conducts voter registration drives. The association will now likely urge individuals without citizenship proof to use the federal form to ensure they can vote in presidential and congressional elections.

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting.