Court Overturns Restriction, Easier Voter Registration in Arizona Without Citizenship Proof

Updated Aug. 2: On Aug. 1, a panel of judges from the 9th U.S. Circuit Court of Appeals overturned a previous decision that blocked Arizona voters from registering with the state form without providing documented proof of citizenship. As a result, those registrants will now be included in the voter rolls but will only be allowed to vote in federal elections, as was the practice before the initial ruling.

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Arizona residents using the state voter registration form must now provide proof of U.S. citizenship, following a temporary ruling from a federal appeals court on Thursday. Previously, those without citizenship documents could use the state form to register and vote in federal elections only. Arizona law requires proof of citizenship for registration, while federal law mandates only a citizenship attestation without documentation.

Under a 2013 U.S. Supreme Court ruling, Arizona must allow voters registering without citizenship proof to vote in federal elections, thus maintaining separate registries for federal-only voters.

Thursday’s decision by the 9th U.S. Circuit Court of Appeals implemented a partial stay on a lower-court decision that invalidated the newer Arizona laws regarding federal-only voters. This stay allows these voters to register and participate in federal elections if they use a federal voter registration form, which is infrequently used at present.

The stay will remain until an appeals panel reviews the case in September. During this time, county recorders could face felony charges for adding state form registrants without proof of citizenship to the voter rolls.

The court’s decision disrupts voter registration practices established by a 2018 consent decree, which required officials to accept state forms without proof of citizenship.

Republican lawmakers enacted two laws in 2022 to restrict federal-only voters’ participation and mandate frequent citizenship checks, triggering lawsuits from about a dozen voting rights groups. These groups argued that the laws were discriminatory and violated federal voting statutes.

In May, the U.S. District Court of Arizona found substantial portions of the 2022 laws in violation of federal law. Republican legislative leaders and the state Republican Party requested the appeals court temporarily suspend parts of that ruling. The court’s temporary stay partially fulfills this request.

Republicans argue that voting by noncitizens is a significant issue requiring legislative action, pushing for federal laws mandating documented proof of citizenship for voters. A recent GOP-backed law passed the House and awaits a Senate vote. However, experts point out that noncitizen voting is exceedingly rare and already illegal under federal law, with violators facing felony charges and jeopardized residency.

State Senate President Warren Petersen, a Republican, lauded the court’s ruling as a triumph for election integrity in Arizona. Conversely, Arizona election lawyer Jim Barton, representing progressive organizations, criticized the ruling, claiming it would suppress voters temporarily. Barton hopes for a swift reversal of the decision.

Voter registration groups suggested increasing the use of the federal voter registration form for those lacking immediate citizenship documentation so they can still vote in presidential and congressional elections.

The appeals court’s ruling affects one part of the lower court’s decision, while other parts, including blocking federal-only voters from voting for president or by mail, remain in place.

Data indicate that federal-only voters tend to be younger residents and those living on or near college campuses. Newly naturalized citizens are also more likely to be federal-only voters.

Kyle Nitschke, co-executive director of the Arizona Students’ Association, condemned the ruling as “horrific.” Nitschke mentioned the association would alter its voter registration drives, advising individuals without proof of citizenship to use the federal form instead of the state form to ensure they can vote in federal elections.

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