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AZ Citizenship Voting Law Faces Ninth Circuit Review Amid Concerns of Noncitizen Participation

 September 11, 2024

An Arizona law requiring proof of citizenship to vote is heading back to the courts, reigniting debates over the balance between election security and voter access.

The Ninth Circuit Court of Appeals is reviewing the law after a lower court blocked parts of it, while the U.S. Supreme Court stepped in and permitted limited enforcement, as Fox News reports.

The law, which mandates proof of citizenship for state and local elections, is under legal scrutiny as concerns over noncitizen voting continue to grow.

The 2022 law at the heart of the controversy was initially blocked earlier this year by a lower court, prompting an appeal. Republicans in Arizona, who supported the law, argue that it strengthens election integrity by ensuring only eligible citizens can vote.

However, the law has faced challenges from civil rights groups and the Arizona Democratic Party, who claim that it disenfranchises certain voters.

Supreme Court Allowed Partial Enforcement

The U.S. Supreme Court's involvement added complexity to the case. While the justices allowed the law to be enforced in state and local elections, they ruled that voters registering without proof of citizenship could still participate in federal elections.

These voters can use a federal form where they swear under penalty of perjury that they are U.S. citizens. However, the decision left both sides unsatisfied, as some justices pushed for full enforcement and others argued for a total block on the law.

The ruling revealed a sharp division among the justices. Conservative Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch argued for full enforcement of the law. On the other hand, Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson opposed the law entirely. The compromise ultimately came from Chief Justice John Roberts and Justice Brett Kavanaugh, whose votes allowed a partial enforcement that satisfied neither side completely.

Law Challenges Concerns Over Noncitizen Voting

The law stems from longstanding concerns among Republicans about the potential for noncitizen voting in U.S. elections. Arizona, which has long been a battleground over election rules, passed the law amid fears of election fraud. Proponents argue that it is a necessary measure to protect the integrity of state and local elections.

Voters in Arizona remain divided on the issue. One voter from Sierra Vista remarked, “I have to provide proof of ID to get on a plane to go to New York. So why wouldn’t anybody else have to have an ID to vote for the people that are going to run our country?” Other residents shared similar sentiments, believing that proof of citizenship is a common-sense requirement for voting.

In contrast, there are those who oppose the measure, particularly in areas like Tucson. Some residents argue that requiring proof of citizenship could exclude individuals who may lack the necessary paperwork but still care about the country and deserve a say in its future. One Tucson resident expressed concern, stating that those without papers should still have the right to vote or at least have their voices heard.

Broader Implications for Federal Elections

While the law applies primarily to state and local elections, its implications for federal elections are also significant. Republicans in Congress have been pushing for similar requirements at the federal level through the SAVE Act, a bill that would require proof of citizenship for federal elections.

The bill is currently being linked to a government spending bill, as GOP lawmakers seek to leverage it as a condition to avoid a government shutdown.

The Biden-Harris administration has strongly opposed the SAVE Act, emphasizing that it is already illegal for noncitizens to vote in federal elections.

"It is already illegal for noncitizens to vote in Federal elections -- it is a Federal crime punishable by prison and fines," the administration stated, highlighting the fact that current federal law already addresses the issue of noncitizen voting.

However, proponents of the SAVE Act point to instances of voter fraud as evidence of the need for stricter measures. The U.S. Department of Justice recently cited the case of an illegal immigrant who pleaded guilty to using a U.S. citizen's identity to vote in multiple elections. Republicans argue that such cases, although rare, demonstrate the vulnerability of the system without more stringent safeguards.

Voter ID Laws and National Debate

Arizona's citizenship law is part of a broader national debate over voter identification laws and election security. Republican-led states have increasingly implemented stricter ID requirements, arguing that these measures are necessary to prevent fraud and ensure the legitimacy of elections. Opponents, however, claim that these laws disproportionately affect minority and low-income voters who may have difficulty obtaining the necessary documentation.

The upcoming decision from the Ninth Circuit Court of Appeals could have wide-reaching implications, not just for Arizona but for other states considering similar legislation. A ruling in favor of Arizona’s law could embolden other states to adopt more restrictive voting requirements, while a ruling against it could serve as a significant blow to the Republican efforts to tighten voting laws nationwide.

Uncertain Future for Arizona's Law

As the Ninth Circuit prepares to hear oral arguments, the future of Arizona’s proof-of-citizenship law remains uncertain. Both sides are preparing for a prolonged legal battle that may eventually return to the U.S. Supreme Court for a final resolution. The case continues to highlight the deep political divides over voting rights and election security in the U.S., with Arizona once again at the center of the national conversation.

For now, voters in Arizona will continue to navigate a complex system where proof of citizenship is required for some elections but not others. The outcome of this legal battle could determine how future elections are conducted, not just in Arizona but across the country. As the courts weigh in, the debate over noncitizen voting shows no signs of slowing down.