Supreme Court: Arizona can enforce proof-of-citizenship for voter registration
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The U.S. Supreme Court will allow Arizona to enforce a law limiting people's ability to register to vote without showing proof of citizenship, but it won't bar tens of thousands of already registered voters from casting ballots in the presidential election.
The big picture: People who can't provide proof of citizenship can still register to vote in Arizona using federal forms, and they're only permitted to cast ballots in federal races.
- But they'll no longer be able to register, even as federal-only voters, using state forms, per the court's 5-4 order.
- The two-tiered system is the result of a Supreme Court ruling in 2013 saying that Arizona can't enforce its proof-of-citizenship laws for people to vote in federal elections because federal law doesn't require such documentation.
Catch up quick: Then-Gov. Doug Ducey in 2022 signed a law requiring proof of citizenship for anyone registering to vote using state forms, and barring federal-only voters from voting by mail or casting ballots for president.
- The 9th Circuit U.S. Court of Appeals early this month upheld a lower court ruling that blocked enforcement of the law.
- The Supreme Court's partial emergency stay of the 9th Circuit ruling will remain in place pending an appeal of the original ruling.
Yes, but: The court didn't revive the other provisions of the law on voting for president or voting by mail.
Why it matters: There are nearly 42,000 federal-only voters registered in Arizona, according to the Secretary of State's Office.
- President Biden won Arizona by less than 11,000 votes in 2020.
What they're saying: Republicans hailed the court's order as a critical tool to prevent noncitizens from voting.
- "This is a tremendous victory for every Arizona voter who demands confidence that our elections are protected from noncitizen interference," Arizona GOP chair Gina Swoboda said in a written statement.
The other side: Secretary of State Adrian Fontes, a Democrat, said he'll enforce the law but expressed concern that "it creates confusion for voters" to change voter registration processes so close to an election.
Zoom in: Documented instances of noncitizens casting ballots are rare.
Between the lines: A December 2023 analysis by Votebeat found that federal-only voters are concentrated in areas where people are less likely to have access to proof of citizenship, like college campuses and homeless shelters.