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Court's Decision Clarifies Voter Registration and Citizenship in Arizona

 July 20, 2024

The 9th Circuit Court of Appeals has issued a significant ruling affecting voter registration requirements in Arizona, specifically concerning presidential elections.

The court rejected a delay sought by Arizona Republican leaders, affecting state and federal voter registration forms ahead of the November 5 election, KAWC reported.

In a recent decision, the 9th Circuit Court of Appeals declined a request from Arizona Republican legislative leaders to postpone a ruling from a lower court. This trial judge's ruling had significant implications for voter registration in the state.

The appeal concerned two types of registration forms: federal and state. The federal form, which requires only a sworn declaration of U.S. citizenship, can still be used for registering to vote in presidential races and by mail, according to the court's decision.

Arizona's Dual Approach to Voter Registration

Contrastingly, the court upheld that Arizona could mandate proof of citizenship for those using the state registration form. Provide such evidence to avoid the rejection of the voter registration application, a decision that modifies the previous handling of such cases.

Previously, applications submitted via the state form without accompanying proof of citizenship were classified as "federal only," allowing those individuals limited voting rights.

This categorization will be discontinued, as announced by Maricopa County Recorder Stephen Richer. Richer stated, "The practice until now has been that registration requests using the state form that did not also have proof of citizenship automatically were put into the 'federal only' category."

Implications for the Upcoming Presidential Race

These changes could significantly affect the upcoming presidential election, as over 35,000 Arizonans have registered using the less restrictive federal form.

The Republican party has expressed concerns that including federal form users could disadvantage their candidates. Attorney Thomas Basile articulated this perspective: "The judicially mandated inclusion of these individuals in the presidential electorate necessarily impairs the relative competitive position of the Republican presidential nominee."

Legal Background and Future Actions

The legal battle centers on a 2022 Arizona law that mandated proof of citizenship for voter registration. Several rights groups challenged this law, arguing that the requirement was based on unfounded claims of non-citizen voting.

U.S. District Court Judge Susan Bolton has previously stated in her ruling that "The plain language of the National Voter Registration Act reflects an intent to regulate all elections for federal office, including for president or vice president." She further noted that Congress has the authority to regulate registration for these elections.

Arizona Republican leaders, including House Speaker Ben Toma and Senate President Warren Petersen, are considering appealing the ruling. Toma has remarked on the situation, simply stating, "But it's still a win." They have a scheduled hearing in September to further address these issues.

Broader Electoral Impact Anticipated

The decision by the 9th Circuit to allow enforcement of the proof-of-citizenship requirement for state registrations while maintaining accessibility via the federal form underscores the complex legal landscape of voter registration in the United States.

While the Republicans have acknowledged Congress's authority over congressional races, they contend that such power does not extend to presidential races, arguing that states should set their registration standards for these elections.

This case highlights the ongoing debate over voter registration requirements and their impact on electoral fairness and accessibility.

Summary of Court Ruling and Its Impact

In conclusion, the 9th Circuit Court's ruling clarifies the voter registration process in Arizona, balancing federal and state requirements. The decision permits using the federal form for presidential voting without proof of citizenship while enforcing stricter standards for the state form.

This ruling may influence voter turnout and registration strategies as the November presidential election approaches, reflecting the ongoing tension between federal oversight and state sovereignty in electoral matters.