DOJ Intervenes in Arizona’s Ongoing Legal Battle To Protect Voter ID Laws

Last Friday, the United States Department of Justice (DOJ) intervened in Arizona Senate President Warren Petersen’s ongoing legal battle to protect the Republican-led passage of two voter ID laws requiring proof of citizenship to vote in elections.

The lawsuit, Mi Familia Vota et. al. v. Warren Peterson opposed two laws passed by the Republican majority in 2022 that restricts registration from potential voters who do not provide documentation that confirms they are legal citizens of the United States.

The brief (see below) in support of the Arizona Legislature’s position comes after the Ninth Circuit invalidated a state law strengthening proof of citizenship requirements.

As explained by the State Senate Republican Caucus:

Last August, a three-judge panel vacated an emergency stay decision issued unanimously by another Ninth Circuit panel. This ruling effectively allowed any individual in Arizona to use a state form to register to vote, without providing proof of citizenship, in order to cast a ballot in federal races like U.S. President and Congress. Shockingly, federal law does not currently require citizenship documentation to vote in federal elections. After President Petersen filed an emergency stay application at the U.S. Supreme Court, the nation’s high court affirmed Arizona’s right to reject state form registrations that do not include proof of citizenship, which was the last legal order in this case until the Ninth Circuit deviated from the U.S. Supreme Court ruling.

Judge Nelson and ten others dissented from the Ninth Circuit’s most-recent opinion, writing, “Republican government serves as the keystone of the Constitution. In such a government a majority of citizens who lawfully vote determines who represents us in the White House, Congress, and state legislatures. Courts must therefore defend the franchise – both by protecting the right of all citizens to vote, and by ensuring non-citizens do not vote. Arizona passed laws to protect the franchise… Sadly, the panel majority opinion undermines republican government, shreds federalism and the separation of powers, and imperils free and fair elections.”

The DOJ’s brief argues that “Arizona’s birthplace requirement does not violate the Materiality Provision because it is generally important that an election official would consider important to the process of determining an applicant’s eligibility to vote.”

“We are thankful to again have a White House and Department of Justice committed to the rule of law and fair elections,” said Senate President Warren Petersen. “The DOJ’s brief is appreciated in our fight to uphold a commonsense law and the will of the people. Given the clear precedent handed down from the U.S. Supreme Court, we are confident we will ultimately prevail. With the continued absence of our governor and attorney general, thankfully, the Arizona Legislature is again picking up the slack and is returning to our nation’s high court to defend election integrity.”

This latest legal challenge follows America First Legal Foundation’s successful settlement against Arizona that requires all 15 counties to remove non-citizens from the states voter rolls. Arizona County Recorders are now seeking assistance from the U.S. Department of Homeland Security to verify the citizenship of registered voters.

According to reports, nearly 50,000 individuals have registered to vote in federal elections in Arizona without providing proof of citizenship.