U.S. Supreme Court Delivers Partial Win for Republicans

The U.S. Supreme Court granted Arizona a partial victory on August 22 regarding voting regulations. The ruling allows the state to block some individuals from voting if they cannot prove their citizenship when registering, although it does not apply universally.

The justices ruled that Arizona could enforce a provision from a 2022 law requiring potential voters to provide “satisfactory evidence of citizenship” when using state registration forms. This provision will remain in effect until a federal appeals court has the opportunity to review its legality.

However, the Supreme Court decision did not allow Arizona to impose citizenship proof requirements on people registering with a federal form from the Election Assistance Commission. This federal form simply requires registrants to declare their eligibility under oath, meaning those using it can vote only in federal elections.

The ruling notably affects voters ahead of the October 7 registration deadline, allowing individuals without citizenship proof to register through the federal form. Over 41,000 Arizonans already registered as federal-only voters can still participate in the upcoming presidential election.

Additionally, this ruling does not hinder federal-only voters from participating in the U.S. Senate race between candidates Kari Lake and Ruben Gallego or in any of Arizona’s nine congressional races, as state lawmakers relinquished control over those areas long ago.

The justices also determined that Arizona could not require federal-only voters to cast their ballots in person. Lower court rulings affirm that mail-in voting options cannot be denied to anyone eligible to vote.

Senate President Warren Petersen, who advocated for the Supreme Court intervention, characterized the ruling as a partial success. He expressed concern that individuals living in Arizona illegally could still register using the federal form without providing proof of citizenship, thereby impacting elections.

The Republican National Committee echoed these concerns, labeling non-citizen voting a significant threat to election integrity. Their statement criticized opponents as “anti-American leftist radicals” seeking to undermine election security.

No evidence was presented during the case to substantiate claims that non-citizens had registered to vote in Arizona. Evidence from Democratic Secretary of State Adrian Fontes suggests that many students registered as federal-only voters may be eligible to vote, having not brought proof of citizenship to state universities.

Since 2004, Arizona has mandated proof of citizenship for participation in state and local elections, which conflicts with the National Voter Registration Act that allows states to use the federal form for federal election registrations. In a 2013 ruling, the Supreme Court upheld that Arizona could not impose additional requirements beyond those in the federal form.

In 2022, a push from state lawmakers aimed to clarify voting regulations, despite recognizing federal jurisdiction over congressional elections. President Joe Biden’s narrow victory in Arizona in 2020 highlighted the elections’ competitive nature, as the number of federal-only voters exceeds the vote margin from that election.

As this legal battle continues, Arizona officials, the Republican National Committee, and their allies have the opportunity to appeal the recent rulings affecting voting regulations in future elections.