Secretary of State Adrian Fontes is seeking guidance on a pivotal issue: enforcing a key portion of Arizona’s voter registration law that the Supreme Court has recently allowed to swing into action, even as the law’s overall constitutionality continues to be assessed.
The Supreme Court’s decision last month took a major step, pushing for the reinforcement of a 2022 law that expands citizenship requirements for new voters in Arizona. Specifically, the judgment gives Arizona the go-ahead to potentially reject state-created voter registration forms unless they come with proof of citizenship.
Fontes asked three critical questions. First, whether county recorders can perform a standard check to verify citizenship before outright rejection of a voter registration lacking documented proof. If they can locate said proof, could they then register the applicant? Additionally, Fontes queries about the official registration date for those who submit proof of citizenship after initially failing to do so. Finally, he requests clarification on competing deadlines for providing proof of citizenship, which currently varies between a consent decree and Arizona law.
The issue at hand is Arizona’s requirement, established by voters in 2004 under Proposition 200, for proof of citizenship to register to vote. Yet, this clashes with the National Voter Registration Act of 1993, which requires states to accept federal voter registration forms without the necessity of such proof. The resulting dual voting system born from a 2013 U.S. Supreme Court ruling calls for nuanced management, whereby voters who provide documentation can vote in all races, while those who do not are limited to federal contests.
This matter gains additional weight considering the approximately 32,000 “federal only” voters in Arizona. Furthermore, while a portion of the law aiming to prevent non-citizen voting on federal forms is now enforceable, the Supreme Court recently chose not to reinstate related mail-in voting rules.
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