Arizona sued by DOJ over 'restrictive voter registration requirements' that require proof of citizenship
PHOENIX - The State of Arizona has been sued by the U.S. Department of Justice over restrictive voter registration requirements, says a news release on July 5.
"The Justice Department announced today that it has filed a lawsuit against the State of Arizona challenging voting restrictions imposed by House Bill 2492 (2022), a recently-enacted law set to take effect in January 2023. The United States’ complaint challenges provisions of House Bill 2492 under Section 6 of the National Voter Registration Act of 1993 (NVRA) and Section 101 of the Civil Rights Act of 1964," read a portion of the news release.
The Republican-controlled Legislature was well aware of the federal law and the Supreme Court decision written by the late conservative icon, Justice Antonin Scalia. But they went ahead anyway, arguing the new law would boost election security.
The DOJ says the requirement to show proof of citizenship is a "textbook violation of the National Voter Registration Act."
She said the National Voter Registration Act has helped eliminate requirements that make it hard to register to vote.
"Arizona has passed a law that turns the clock back on progress by imposing unlawful and unnecessary requirements that would block eligible voters from the registration rolls for certain federal elections. The Justice Department will continue to use every available tool to protect all Americans’ right to vote and to ensure that their voices are heard," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
The law violates the Civil Right Act by requiring election officials to reject registration forms if they contain a mistake or leave out information that is not needed to determine someone’s right to vote, she said.
House Bill 2492, according to the news release, says, "violates the NVRA by requiring that applicants produce documentary proof of citizenship before they can vote in presidential elections or vote by mail in any federal election when they register to vote using the uniform federal registration form created by the NVRA."
The lawsuit is asking Arizona courts to prohibit the proof of citizenship requirement provision in the bill.
Arizona's Legislature’s own lawyers say much of the measure is unconstitutional, directly contradicts a recent Supreme Court decision, and is likely to be thrown out in court. Still, voting rights advocates worry the bill is an attempt to get back in front of the now more conservative Supreme Court.
"Election integrity means counting every lawful vote and prohibiting any attempt to illegally cast a vote," Arizona Gov. Doug Ducey said in a letter explaining his decision to sign the bill on March 30.
What's in the bill?
Ducey said that the law is designed to address a growing number of voters who registered using the federal form who did not have to provide proof that they are citizens. The state’s voters added the citizenship proof requirement in 2004 when they enacted Proposition 200, but it does not apply to the federal form.
The bill would prohibit federal-only voters from voting by mail or voting for president. It would require state election officials to cross check registration information with various government databases to try to prove their citizenship, and report anyone they can’t find to prosecutors.
The bill also requires people to include proof of their address with new voter registrations. Election officials say that’s complicated and unnecessary because addresses are verified at the time of voting, and voting rights advocates say it will make registering voters more difficult.
The governor called the bill "a balanced approach that honors Arizona’s history of making voting accessible without sacrificing security in our elections."
The federal form requires a person to swear they are a citizen, but there is no proof requirement. Those who register using the form and do not respond to election officials’ request for citizenship proof are only allowed to vote in federal elections. In 2020, just over 11,600 people were federal-only voters, but the number has since risen. Since the Supreme Court decision, Arizona has allowed those using the form who have not provided citizenship proof to vote only in federal elections.
Ducey spokesman C.J. Karamargin declined to comment, saying the administration doesn’t comment on litigation. Republican Attorney General Mark Brnovich, who is running for U.S. Senate, told the Justice Department in a July 1 letter that he would defend the law to the fullest.
The bill would prohibit federal-only voters from voting by mail or voting for president. It would require state election officials to cross check registration information with various government databases to try to prove their citizenship, and report anyone they can’t find to prosecutors.
"Election integrity means counting every lawful vote and prohibiting any attempt to illegally cast a vote," Ducey said in a letter.
Arizona State Rep. Jake Hoffman, the bill's main sponsor, and other Republicans are calling the new law common sense.
"From the 2016 election, then 2018, then the 2020 election, we saw upwards of as many as an eight times increase in the number of federal-only ballots in the state of Arizona. That’s a concerning issue because the vast majority of those individuals have never provided documentary proof of citizenship in order to vote in federal elections," Hoffman said.
Democrats and Republicans should be in agreement that noncitizens do not have a right to vote in our elections, Hoffman says. However, House Minority Leader and Democratic Candidate for Secretary of State, Reginald Bolding, says all this bill does is target low-income communities.
"This bill is targeting eligible Arizona voters who already have the ability to vote. So now what you see is those individuals who are from tribal communities or low-income individuals. In years past they could use their tribal ID or birth certificate as proof of being an eligible voter for voter registration," Bolding explained.
Voting rights advocates say this piece of legislation risks affecting some 200,000 people.
"House Bill 2492 adds additional requirements, which makes it even more difficult for a particular type of voter to show that they are able to register," Bolding said.
The Justice Department lawsuit is the third to be filed challenging the law since it was passed. Voting rights groups filed the first two challenges, which have been merged into one case.
The Associated Press contributed to this report.