Proof of Citizenship in Arizona: Where Are We Now, and What Does It Mean for November?

By Stephen Pearson. 

Introduction and History 

On August 22, the U.S. Supreme Court granted a partial win to the Arizona Republican Party in its quest to require proof of citizenship for voter registration. H.B. 2492, the Arizona law in question, was enacted in 2022, and the federal government with the help of the Democratic party sued in the U.S. Court for the District of Arizona to block the law, arguing that the Arizona law is subject to the requirements of 1993’s federal National Voter Registration Act (NVRA). The district court blocked the law in its entirety, and the Republican Party took it to the 9th Circuit. On July 18, 2024, the 9th Circuit granted the Republican Party a partial win, but within a month, it again blocked the law in its entirety. The Republican Party appealed to the U.S. Supreme Court immediately, seeking to block the district court’s decision in light of the fact that an election was right around the corner. The U.S. Supreme Court, however, granted only part of the Republicans’ request.

What Does It All Mean?

This decision does not make much sense without an understanding of Arizona’s convoluted voter registration system. Arizonans may register to vote in two ways. Option #1, the federal option under the National Voter Registration Act of 1993, requires only a sworn statement as proof of citizenship. Option #2, Arizona’s state-specific form, requires “documentary proof” of citizenship (e.g., driver’s license number, birth certificate, or passport, among others) in order to vote, even in federal elections, despite the provisions of the NVRA. Disagreement arose over this requirement and H.B. 2492’s further requirement that even when voters register using the federal form, local state governments must still “verify the citizenship status of the applicant.”

The ensuing legal battle pitted the state’s ability to run federal elections against the federal government’s authority to regulate them under the 1976 case Buckley v. Valeo. 424 U.S. 1 (1976) (“The Court has also recognized broad congressional power to legislate in connection with the elections of the President and Vice President”). Opponents of the bill argued that Arizona’s state-specific voter registration proof-of-citizenship requirement contradicted the NVRA and a 2013 Supreme Court decision holding that states may not require voters to provide proof of citizenship in order to vote in federal elections. Opponents further argued that Arizona’s requirement of a backend citizenship verification process even for registrations using the federal form similarly ran afoul of the NVRA.

In an emergency order dated August 22, the U.S. Supreme Court held that Arizona could require proof of citizenship to register and vote in all elections when using the state-specific form: the GOP’s partial victory. The Court also held, however, that requiring backend citizenship verification for registrations using the federal form did run afoul of the NVRA. Put simply, Arizona can require proof of citizenship for would-be voters registering with the state-specific form, but Arizona cannot require proof of citizenship nor require backend verification of citizenship for the federal form. Justices Thomas, Alito, and Gorsuch were in favor of upholding both requirements, and Justices Sotomayor, Kagan, Barrett, and Jackson were against both requirements. Presumably, Justice Kavanaugh and Chief Justice Roberts were in favor of one but not the other, leading to the majority order.

The upshot is that if you wish to register to vote in November using the state form, prepare to show documentary proof of citizenship. If you wish to avoid this requirement, register using the federal form.

Although this case’s outcome is mostly being framed as a GOP victory, it seems that any election security benefits secured by the GOP through this emergency order are mostly backward-looking. If someone wished to register without providing proof of citizenship, such a person would have an easy option—-merely register using the federal form, which can be easily accessed on, for example, Maricopa County’s website. Clearly, any state voter registration form rejected for lack of proof of citizenship is still rejected under this order. But a person whose registration form is so situated can simply register again using the federal form and will not have to fear any backend verification.

The Bottom Line

In summary, Arizona introduced a voter registration proof-of-citizenship bill in 2022 that required 1) documentary proof of citizenship when using the state form for voter registration, and 2) backend state-run citizenship verification for those using the federal form, which under the NVRA cannot require proof of citizenship. This bill was challenged all the way up to the U.S. Supreme Court, which issued an emergency order allowing the proof-of-citizenship requirement for the Arizona-specific voter registration form but blocking the requirement of backend citizenship verification for registrants using the federal form. People who were or are unable to provide proof of citizenship can simply register using the federal form, raising the question of whether the GOP’s election security concerns were answered at all. Whether and how this development affects the 2024 elections in November remains to be seen.