SCOTUS to consider reviving citizenship checks for Arizona voters 

WASHINGTON (CN) — Taking up a request from Republicans, the Supreme Court on Monday agreed to review Arizona’s proof-of-citizenship requirements for voting in federal elections.

Noncitizen voting is exceedingly rare, and federal voter registration requires applicants to swear under penalty of perjury that they satisfy each eligibility requirement to vote — including citizenship.

But the issue still gained attention amid baseless claims of voter fraud in the 2020 election. Arizona enacted two laws in 2022 targeting noncitizen voting, requiring officials to periodically check voter databases for information about citizenship of federal-only voters and barring applicants who do not provide proof of citizenship from voting by mail.

Arizona required documentary proof of citizenship from anyone who registered to vote in federal elections starting in 2004, and continued the practice for nearly a decade before it was struck down by the Supreme Court. In Arizona v. ITCA, the justices held that the National Voter Registration Act preempted the state’s demand for documentary evidence of citizenship on federal registration forms.

After 2013, the state narrowed its proof-of-citizenship requirement to state and local elections. Voters who provided citizenship proof are registered for federal, state and local elections. Those who do not submit citizenship proof can only register to vote in federal elections.

Voter advocates sued the state to block the 2022 laws, arguing that they were preempted by the National Voter Registration Act. Lower courts agreed, throwing out the provisions under ITCA.

The Republican National Committee asked the Supreme Court to review the ruling, arguing that it threatened states’ ability to protect the integrity of their elections.

“Arizona passed laws ‘protecting the right of all citizens to vote, and … ensuring noncitizens do not vote,’” the RNC wrote. “The Ninth Circuit’s decision striking those measures down ‘undermines republican government, shreds federalism and the separation of powers, and imperils free and fair elections.’”

The petition coincided with President Donald Trump and congressional Republicans’ push to codify proof-of-citizenship requirements under federal law. Trump supported the RNC’s application before the justices as well.

Democrats have strongly opposed these efforts, noting that millions of citizens lack documentary proof — typically a birth certificate or passport — that would be required.

Follow @KelseyReichmann Follow @kelseyreichmann.bsky.social