Matt Bush, FISM News
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The Department of Justice (DOJ) is suing Arizona over a law requiring voters to provide proof of American citizenship in order to cast ballots in federal elections. The law is slated to take effect on January 1, 2023.
In March, Arizona Gov. Doug Ducey signed House Bill 2492 into law stating that it would prohibit attempts at illegally casting a vote in Arizona. Currently, in the state of Arizona, voters who register using state forms have to prove citizenship, but those who register using federal forms under the National Voter Registration Act do not. Under HB 2492, if election officials are unable to verify citizenship, the voter will not “be allowed to register or vote until they provide documentary proof.”
In a letter explaining his reasons for signing HB 2492, Ducey wrote, “Election integrity means counting every lawful vote and prohibiting any attempt to illegally cast a vote. H.B. 2492 is a balanced approach that honors Arizona’s history of making voting accessible without sacrificing security in our elections.”
Kristen Clarke, Assistant Attorney General and the leader of the Department of Justice’s Civil Rights Division, announced the lawsuit yesterday citing violations of the National Voter Registration Act of 1993 (NVRA) and the Civil Rights Act of 1964.
Clarke said, “For nearly three decades, the National Voter Registration Act has helped to move states in the right direction by eliminating unnecessary requirements that have historically made it harder for eligible voters to access the registration rolls. 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.”
Arizona Attorney General, Mark Brnovich, responded to the DOJ’s claims by telling Fox News, “In addition to free rooms and transportation for those illegally entering our country, the DOJ now wants to give them a chance to vote. It’s another round of Brnovich v. Biden. I will see you in court…again.”
Some people see HB 2492 as an attempt to get the U.S. Supreme Court to reconsider its 2013 decision in a case called Arizona v Inter Tribal Council of Arizona. The Court ruled 7-2 against the state.
In that case, the Supreme Court ruled that the state could not require anyone who used the federal voter registration application to provide any other documentation, including proof of citizenship. The makeup of the Supreme Court has changed since that ruling.
With the ideological and political leanings of the new Supreme Court seeming to move toward conservatism in recent years, many believe that the ruling could be overturned. In fact, three of the seven justices – Scalia, Kennedy, and Bader Ginsburg – who were in the majority in the 2013 case have been replaced with more conservative judges.
Brnovich himself stated that he intends to “defend this law to the U.S. Supreme Court if necessary and defeat the federal government’s efforts to interfere with our state’s election safeguards, as I did last year in Brnovich v DNC.”
It is yet to be seen how far this case will go in the courts, but with Clarke stating, “This lawsuit reflects our deep commitment to using every available tool to protect all Americans’ right to vote and to ensure that their voices are heard in our democracy,” it does not seem as if either side will be backing down.