Arizona’s New Law Slams Down Heavy Penalties on Voter Registration Violations, Judges Confirm

PHOENIX – A significant ruling emerged from the 9th Circuit Court of Appeals, allowing Arizona to implement a contentious law aimed at regulating voter registration and voting mechanisms. This decision overturns a previous injunction issued by a federal judge who expressed concerns that the law could unintentionally criminalize volunteer voter registration efforts.

Judges in the appellate court found flaws in the arguments presented by three nonprofit groups challenging the law, known as SB 1260. In a 2-1 ruling, Judge Kenneth Lee indicated that the plaintiffs lacked standing, failing to demonstrate how the law harmed their core activities.

A specific provision of SB 1260 distinguishes it as a Class 5 felony to knowingly assist someone registered in a different state with voting. This aspect aims to prevent fraudulent voting practices, although exact instances of such fraud remain unproven, according to Senator J.D. Mesnard, who sponsored the legislation.

In earlier rulings, Judge Murray Snow had restricted the state from enforcing elements of the law due to vagueness in defining what constitutes a “mechanism for voting.” He argued that vague language could potentially encompass legitimate voter registration activities, exposing organizations to legal liabilities.

However, Judge Lee countered this claim, stating that the law primarily targets illegal voting practices rather than punishing standard outreach efforts. “Nothing in the law would make felons out of individuals or organizations for normal voter registration activities,” he affirmed.

The law has broader implications, as it also outlines conditions under which county election officials must cancel a voter’s registration based on credible information regarding registrations in multiple counties. Critics argue this could lead to voters unknowingly losing their registration status in both their old and new locations, which challenges established processes defined by the National Voter Registration Act.

Judge Lee did not delve into these specific concerns about voter cancellation but highlighted that the plaintiffs were speculating about potential resource diversion rather than presenting concrete harm. In his view, the groups can continue their mission of registering and educating voters without disruption.

This ruling establishes that despite previous concerns over the law’s language and potential consequences for voter registration, the appellate court found insufficient grounds for the groups to halt its enforcement. As a result, Arizona officials are now poised to implement SB 1260 and its contained provisions.