Supreme Court Rules on Arizona Voter Law, Impacts GOP Effort
The Supreme Court has dismissed a Republican effort that could have prevented over 41,000 Arizona voters from participating in the presidential election. However, the court allowed some enforcement of regulations requiring proof of citizenship for voter registration. The decision came from an emergency appeal by state and national Republicans, following President Joe Biden's narrow win in Arizona.
Republican Push for Voter Restrictions

The legal battle continues in lower courts. Republicans sought to enforce voting measures enacted in 2022 after Biden's victory over Donald Trump. The Supreme Court's brief order did not explain its reasoning. Conservative Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch supported full enforcement of the law, while Justice Amy Coney Barrett sided with the court's liberals to reject it.
A lower court had previously blocked a requirement for state voter registration forms to include proof of U.S. citizenship. Another measure would have barred voting in presidential elections or by mail without such proof. Federal law mandates voters to declare their citizenship under penalty of perjury but does not require documentation for federal elections.
Impact on Voter Registration
An appellate panel initially allowed partial enforcement of the provision concerning state voter registration forms. However, another panel voted 2-1 to keep both provisions on hold. This decision was influenced by two Bill Clinton appointees, with a Trump appointee dissenting.
The measures were passed along party lines and signed into law by then-Governor Doug Ducey, a Republican. These laws were part of a broader wave of proposals introduced by Republicans nationwide after Biden's 2020 victory.
For state and local elections, voters must provide proof of citizenship when registering or have it on file with the state. This is not required for federal elections, resulting in tens of thousands of voters registered only for federal elections. As of August 9, there were 41,352 such voters in Arizona, according to Democratic Secretary of State Adrian Fontes.
Concerns Over Voter Confusion
Fontes warned that enforcing these measures close to the November election could cause "chaos and confusion." He noted that military service members, students, and Native Americans would be most affected. According to state data, about 27% of these voters are Democrats, 15% are Republicans, and 54% are independents.
Voting rights groups and the Biden administration sued over the Arizona laws. Kansas Attorney General Kris Kobach led Republican attorneys general from 24 states in supporting the restrictions. Kobach argued that the case threatens Arizona's authority to secure its elections.
Arizona House Speaker Ben Toma and Senate President Warren Petersen requested the Supreme Court to address the issue. Toma called the order "a step in the right direction" for requiring proof of citizenship in all elections.
Federal-Only Voters Debate
Federal-only voters have been contentious since a 2013 Supreme Court ruling stated Arizona cannot require documentary proof of citizenship for national elections. The state responded by creating two voter classes: those eligible for all races and those limited to federal elections.
One new law aimed to further divide voters by allowing congressional votes without proof but denying presidential votes. The 2022 law faced strong opposition from voting rights advocates who saw it as an attempt to revisit the issue with a more conservative Supreme Court.
Proponents argue that the measure aims to prevent fraud despite no evidence suggesting noncitizens have illegally voted as federal-only voters. Republican skeptics continue efforts to restrict federal-only voting aggressively.
The Legislature's lawyers indicated much of the measure was unconstitutional and contradicted earlier Supreme Court decisions, predicting it would likely be overturned in court.
The Supreme Court's decision maintains some restrictions while leaving others unresolved, ensuring ongoing legal battles over voter registration laws in Arizona.
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