Appeals court blocks Arizona rules on proof of citizenship to vote

 March 1, 2025

The 9th Circuit Court of Appeals recently affirmed a prior ruling preventing Arizona from requiring proof of citizenship to register to vote.

The Hill reported that the court's decision prevents the implementation of voter registration statutes enacted under former Governor Doug Ducey in 2022.

The case originated from laws that mandated Arizona residents to show proof of citizenship before registering to vote. These laws had been rapidly challenged by several groups, arguing that such requirements threatened to disenfranchise thousands of voters.

In an area with a history including voter roll purges and literacy tests predominantly affecting Latino and Native American populations, the court deliberated the broader implications of the statute.

Timeline of Judicial Review

The initial legal challenge came shortly after the laws were signed by former Governor Ducey. Concerns were raised that these requirements could potentially bar thousands of currently registered voters from participating in elections.

The matter first hit the courts last spring, where a district judge determined that although the 2022 voter laws did not purposely discriminate against specific voter groups, they violated critical sections of the Civil Rights Act and the National Voter Registration Act.

The decision of the district court led to the engagement of the 9th Circuit Court of Appeals. A three-judge panel on this federal court upheld the previous court's findings by a 2-1 vote just this last week.

Of the panel, Judge Patrick Bumatay, appointed by President Donald Trump, stood opposed. He was the dissenting voice, indicating a divergence of judicial opinion regarding the interpretation of the involved federal statutes.

The majority ruled that Arizona’s laws contradicted vital aspects of the National Voter Registration Act and an Equal Protection Clause of the Constitution, among other legal conflicts.

This case marks yet another instance of the 9th Circuit intervening in state-level electoral legislation, reinforcing the tension between federal statutory requirements and state sovereignty over election laws.

Arizona's Response and Future Steps

Despite the adverse ruling, prominent Arizona lawmaker State Sen. Warren Petersen expressed dissatisfaction and a steadfast resolve to appeal. "I will be appealing ‘yet again’ to the Supreme Court and will not stop until the proof of citizenship is upheld,” Petersen announced online following the decision.

This is not Arizona’s first rodeo with the Supreme Court concerning voter registration requirements. The state received partial backing from the Supreme Court previously, reviving a similar law after an emergency request from the Republican National Committee.

Another relevant Arizona voting law continues to undergo legal scrutiny, having been sent back to a lower district court to evaluate whether there was discriminatory intent behind its enactment.

This complex legal battle underscores the ongoing national debate over voter registration processes and the balance between preventing voter fraud and ensuring broad voting access.

The repeated judicial reviews and appeals highlight the contentious and often polarized views regarding voter registration requirements in the United States.

As this issue progresses through the courts, the outcome could have significant implications not just for Arizona, but for voter registration laws across the country. The Supreme Court’s eventual decision could set a decisive precedent in how states can enact and enforce voter qualifications moving forward.

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