High Court Makes Controversial Decision on Arizona Voting Requirement

The Supreme Court has partially upheld Arizona’s voter citizenship proof law, setting the stage for a contentious 2024 election in this key battleground state.

At a Glance

Supreme Court allows Arizona to enforce proof of citizenship for state voter registration forms
Decision came in a 5-4 vote, with mixed opinions among justices
Law’s provision barring federal form registrants from voting for president or by mail remains blocked
Ruling sparks debate over election integrity and voter accessibility
Arizona remains a crucial battleground state for the 2024 presidential election

Supreme Court’s Partial Reinstatement of Arizona Law

In a significant ruling, the Supreme Court has allowed Arizona to enforce a law requiring proof of citizenship for voter registration using state forms for the upcoming 2024 election. This decision, reached in a narrow 5-4 vote, partially reinstates Arizona’s H.B. 2492, enacted in 2022, which aims to verify citizenship for voter eligibility.

The court’s decision, however, maintains the block on the law’s provision that would have barred voters who register with a federal form from voting for president or by mail without proof of citizenship. This nuanced ruling reflects the complex balance between state authority and federal election laws.

The US Supreme Court has partially reinstated Arizona's proof-of-citizenship law for voter registration. People without proof of citizenship can still register as federal-only voters using the federal form, but can no longer do so with the state's form. https://t.co/MLbwMdRuhE

— Jeremy Duda (@jeremyduda) August 22, 2024

Divided Court and Political Reactions

The Supreme Court’s decision revealed deep divisions among the justices. Conservatives Clarence Thomas, Samuel Alito, and Neil Gorsuch supported fully reinstating the law, while liberals Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson opposed any reinstatement. Chief Justice John Roberts and Justice Brett Kavanaugh, though not publicly indicating their votes, were crucial for the partial reinstatement.

“This is a major victory for election integrity that upholds a simple principle: American elections must be decided by American citizens,” RNC Chairman Michael Whatley said in a written statement

The Republican National Committee (RNC) and Arizona GOP leaders hailed the decision as a triumph for election integrity. However, the Biden administration and voting rights groups have expressed concerns, arguing that the law conflicts with the National Voter Registration Act of 1993, which requires states to accept a standard federal form for voter registration without additional proof of citizenship.

Implications for Arizona Voters and 2024 Election

As a key battleground state, Arizona’s voting procedures are under intense scrutiny. The partial reinstatement of H.B. 2492 is likely to affect the state’s election landscape, particularly impacting younger voters and those on college campuses who may face challenges in providing immediate proof of citizenship.

“We are disappointed that the Supreme Court is upending longstanding rules on the eve of an election that will clearly cause voter confusion,” CLC spokesperson Bruce Spiva said in the statement

It’s important to note that voters can still register using the national mail voter registration form, which requires attestation of citizenship under penalty of perjury. This alternative pathway ensures that eligible voters maintain access to the registration process, albeit with different requirements than the state form.

As the 2024 presidential election approaches, Arizona’s voting procedures will undoubtedly remain a focal point of national attention. The Supreme Court’s decision marks a significant development in the ongoing debate over voter integrity measures and their impact on electoral accessibility.