Arizona’s new voting laws that require proof of citizenship are not discriminatory, judge rules

PHOENIX — A federal judge is upholding provisions of new Arizona laws that would require counties to verify the status of registered voters who haven’t provided proof of U.S. citizenship and cross-check voter registration information with various government databases.

In a ruling Thursday, U.S. District Judge Susan Bolton concluded Arizona legislators did not discriminate when they adopted the laws and the state does have an interest in preventing voter fraud and limiting voting to those individuals eligible to vote.

“Considering the evidence as a whole, the court concludes that Arizona’s interests in preventing non-citizens from voting and promoting public confidence in Arizona’s elections outweighs the limited burden voters might encounter when required to provide (documentary proof of citizenship),” she wrote.

However, Bolton said the requirement for individuals using a state registration form to include their state or country of birth violates a provision of the Civil Rights Act and a section of the National Voter Registration Act. Doing so, she explained, would result in the investigation of only naturalized citizens based on county recorders’ subjective beliefs that a naturalized individual is a non-citizen.

The lengthy ruling summarizes testimony from a bench trial in late 2023 at which experts testified about Arizona’s history of voting discrimination. That included literacy tests effectively precluding Native American and Latino voters from participating and voter roll purges in the 1970s and 80s that created barriers for minorities to re-register to vote.

That was the past, the judge wrote, noting there was no evidence presented by the plaintiffs reflecting an intent by lawmakers to suppress voter registrations of members of minority groups or naturalized citizens when they considered the bills in 2022.

The laws were passed amid a wave of proposals that Republicans introduced in the wake of Joe Biden’s 2020 victory in Arizona over Donald Trump.

In an earlier ruling, Bolton blocked a requirement in Arizona law that people who use a federal voter registration form provide additional proof of citizenship if they want to vote for president or use the state’s vote-by-mail system. The judge had ruled those provisions were trumped by a 1993 federal voter registration law.

She also had ruled that a 2018 consent decree prevents Arizona from enforcing its new requirement to reject any state voter registration forms that aren’t accompanied by proof of citizenship. The decree said Arizona may not reject an otherwise valid state voter registration form without proof of citizenship, but rather must register such an applicant for federal elections.

Arizona is required to accept the federal registration form, but anyone who does not provide proof of citizenship is only allowed to vote for president, the U.S. House or Senate. The federal form requires people to swear they are U.S. citizens, but there is no proof requirement.

Federal-only voters have been a subject of political wrangling since the U.S. Supreme Court ruled in 2013 that Arizona cannot require documentary proof of citizenship for people to vote in national elections. The state responded by creating two classes of voters: those who can vote in all races and those who can vote only in federal elections.

After being approved on party-line votes, then-Republican Gov. Doug Ducey signed the measures into law.

“Election integrity means counting every lawful vote and prohibiting any attempt to illegally cast a vote,” Ducey wrote in a March 2022 letter when approving one of the proposals.

The laws were challenged by voting rights groups and the U.S. Department of Justice. They argued the new rules would make registering voters more difficult. Some also suggested the statutes were an attempt to get the issue back in front of a more conservative Supreme Court.

While supporters said the measures would affect only voters who have not shown proof of citizenship, voting advocates claimed hundreds of thousands of people who haven’t recently updated their voter registration or driver’s license could be affected.

The ruling states that Arizona has required documentary proof of citizenship since 2005, and the new laws supplement that requirement to ensure non-citizens do not register to vote or remain on the voter rolls.

One of the two measures examined by Bolton 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 court finds that though it may occur, non-citizens voting in Arizona is quite rare, and non-citizen voter fraud in Arizona is rarer still,” the ruling states. “But while the voting laws are not likely to meaningfully reduce possible non-citizen voting in Arizona, they could help to prevent non-citizens from registering or voting.”

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Fugitive mom wanted in daughter’s Arizona murder used cartels to hide for years before capture in Mexico: feds

Arizona Mom Sought in Daughter’s Murder Used Cartels to Hide

Nearly three decades after her 3-year-old daughter died, a woman has been…
Alleged sham marriage 'mastermind' caught on video saying sanctuary state is 'best place' for illegals

Alleged Sham Marriage Mastermind Says Sanctuary Is Best for Illegals

The U.S. Attorney’s Office for the District of Massachusetts released video in…
WLS-TV ABC7 Chicago earns 6 NATAS Chicago/Midwest Emmy Awards, including Outstanding Achievement for Evening Newscast

ABC7 Chicago Wins 6 Chicago/Midwest Emmys for Evening Newscast

CHICAGO () — ABC7 Chicago took home six regional Emmy Awards Saturday…
Soung waves could help stop delusions in schzophrenia patients, NYU study

NYU Study: Sound Waves May Help Reduce Delusions in Schizophrenia

A potential new treatment for schizophrenia could be on the horizon. The…
Jacksonville Beach Ocean Rescue braces for impacts from high tides, rough surf

Jacksonville Beach Ocean Rescue Braces for High Tides, Rough Surf

An assistant captain said the unusually high tides could make it harder…
TWU launches ad blitz ripping Hochul as 'radioactive'

Transport Workers Union Launches Ads Calling Hochul ‘Radioactive

A powerful labor union has launched a blistering advertising campaign portraying Democratic…
David Sedaris would like to clear the air about prostate exams

David Sedaris Clears the Air on Prostate Exams

At dinner one evening, our conversation turned to doctors when my friend…
Dem Adam Hamilton's Megachurch Pushes Gender-Neutral Language for Kids

Pastor Adam Hamilton’s Megachurch Pushes Gender-Neutral Terms

The Church of the Resurrection, led by Kansas Democratic Senate candidate Adam…
Southern California coastal flooding threatens Laguna Beach resort as king tides loom

King Tides Threaten Laguna Beach Resort With Coastal Flooding

A luxury resort in Laguna Beach is moving guests off its first…
Six Flags to add seat belts to roller coasters after Georgia rider’s death

Six Flags Adds Roller Coaster Seat Belts After Georgia Rider’s Death

Six Flags is adding seat belts to several roller coasters following the…
Texas custodian Marilyn Hampton breaks down in tears as new elementary school is named in her honor

Texas School Custodian Marilyn Hampton Moved to Tears as New Elementary Is Named in Her Honor

A Texas school custodian broke down in tears after discovering that a…
NYC bar owner Debbie Shields goes viral for life-changing banter with Conan O'Brien on 'SubwayTakes'

NYC Bar Owner Debbie Shields Goes Viral on Conan O’Brien’s SubwayTakes

A viral subway encounter with comedian Conan O’Brien has transformed the life…