Federal Court Mandates Proof of Citizenship for Arizona Voters Registering with State

By Staff Reporter |

In a significant move on Thursday, a federal court mandated that all individuals registering to vote in Arizona must provide proof of citizenship. Any applications that lack such documentation will be dismissed.

The Ninth Circuit Court of Appeals delivered this decisive ruling in the case of Mi Familia Vota v. Fontes. Specifically, the court granted a stay pending appeal for the injunction that previously blocked the enforcement of Arizona’s statute A.R.S. § 16-121.01(C). This statute specifically pertains to state-issued voter registration forms.

“The district court’s May 2, 2024 judgment is therefore stayed to the extent that it bars enforcement of [the statute],” confirmed the court’s ruling.

However, the court upheld the blocking of two provisions under both this and a preceding ruling. The earlier decision highlighted that the National Voter Registration Act preempts Arizona’s registration restrictions for presidential elections and mail voting. Additionally, the LULAC Consent Decree prohibits the state from rejecting registration forms due to a lack of documentary proof of citizenship and residence. Moreover, the Civil Rights Act’s Materiality and Different Standards, Practices, or Procedures Provisions bar the state from implementing a citizenship affirmation checkbox, a birth place disclosure requirement, and a USCIS SAVE system enforcement by county recorders.

Senate President Warren Petersen applauded the ruling as a triumph for election integrity. “Only U.S. citizens should be allowed to vote in our elections. It sounds like common sense, but the radical left elected officials in our state continue to reject this notion, disrespecting the voices of our lawful Arizona voters,” Petersen stated. “We are grateful the court is upholding this provision in our law, and it’s time for Congress to ensure only lawful U.S. citizens vote in federal races.”

In contrast, Marc Elias, the attorney representing activists contesting Arizona’s proof of citizenship requirements, interpreted the ruling as favorable for their side, noting that it denied crucial parts of the Republicans’ motion. Elias criticized the proof of citizenship measures, labeling them as “voter suppression.”

Parties involved in the case include progressive group Mi Familia Vota, Arizona Secretary of State Adrian Fontes, and appellants such as Senate President Petersen and Attorney General Kris Mayes. This month, courts will also decide if the Arizona Republican Party can join the case as an intervenor.

The appeal for this contentious case is set for September. Meanwhile, election integrity groups under America First Legal have already urged the state’s county recorders to cleanse their voter rolls of non-citizens.

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