State proof-of-citizenship voting law gets Supreme Court review
The Supreme Court agreed to decide whether Arizona can require proof of U.S. citizenship when people use a state-designed form to register to vote.
Accepting an appeal pressed by the Republican National Committee, the justices said they also will consider whether federal law requires Arizona to stop systematically purging suspected noncitizens from its voter rolls once the election is 90 days away.
The case puts the high court in the middle of a politically charged fight over election integrity and access to the polls. President Donald Trump has fueled the rancor, repeatedly asserting without evidence that noncitizen voting is a widespread problem in U.S. elections. Trump has pushed for federal legislation that would include a proof-of-citizenship requirement but so far he hasn’t been able to muster enough support from his fellow Republicans.
The court will hear arguments in the nine-month term that starts in October, meaning a decision won’t come in time to affect the November midterm elections. Even so, a ruling upholding the 2022 proof-of-citizenship requirement could spur other states to enact similar rules in advance of the 2028 election. Under an order the high court issued two years ago, Arizona’s requirement will remain in effect until the case is resolved.
The Supreme Court in 2013 barred Arizona from requiring proof of citizenship when people register using a federal form that states must accept under the 1993 National Voter Registration Act. That decision didn’t resolve the legality of similar requirements for people registering using state-created forms.
In the new case, a divided 9th U.S. Circuit Court of Appeals said the 1993 law, known as the NVRA, precluded states from imposing additional requirements in order to vote in federal elections. The 9th Circuit also said the Arizona provision couldn’t be squared with a 2018 settlement between the state and voting-rights groups.
The appeals court also limited a 2022 Arizona law that requires elections officials to periodically check available databases for information about people who used the federal form to register. If people are identified as noncitizens, they must be removed from the rolls unless they can produce proof of citizenship.
The 9th Circuit said the program was systematic effort to remove ineligible voters, which the NVRA prohibits within 90 days of a U.S. election. That aspect of the appeals court ruling remains in effect even as the Supreme Court takes up the case.
The case is Republican National Committee v. Mi Familia Vota, 25-1017.
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