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Saturday, November 23, 2024

Biden Justice Department sues Arizona, seeking to overturn law requiring proof of citizenship to vote

Vote 11

The U.S. Department of Justice has sued the state of Arizona over a law that requires voters to show proof of citizenship before they can vote.

“Arizona has passed a law that turns the clock back on progress by imposing unlawful and unnecessary requirements that would block eligible voters from the registration rolls for certain federal elections,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said.

The Department of Justice was joined in the lawsuit by U.S. Attorney Gary M. Restaino for the District of Arizona.

“The U.S. Attorney’s Office for the District of Arizona is dedicated to protecting voters in the state,” Restaino said. “We are proud to join the Civil Rights Division in bringing this lawsuit to ensure that all eligible citizens in Arizona have the opportunity to register to vote and exercise their fundamental right to participate in our elections.”

House Bill 2492, sponsored by Rep. Jake Hoffman, passed the Arizona Legislature and was signed into law by Gov. Doug Ducey earlier this year.

“Election integrity means counting every lawful vote and prohibiting any attempt to illegally cast a vote,” Ducey said in a letter detailing his reasons for signing the bill. "[This bill] is a balanced approach that honors Arizona’s history of making voting accessible without sacrificing security in our elections.”

The law will take effect in January 2023.

“Federal law prohibits noncitizens from voting in federal elections," Ducey said in the letter. "Arizona law prohibits noncitizens from voting for all state and local offices, and requires proof of citizenship. H.B. 2492 provides clarity to Arizona law on how officials process federal form voter registration applications that lack evidence of citizenship.”

The law also added a voter database requirement to ensure voter rolls were maintained throughout the state.

In a release at the time of the signing, Ducey’s office noted that in the 2020 election cycle, 11,600 voters in Arizona did prove their citizenship when registering to vote.

Ducey's office also noted that in Maricopa County, 13,042 registered voters had not provided proof of citizenship.

Arizona previously passed a similar measure in 2004, which was struck down by a 7-2 vote by the U.S. Supreme Court in 2013.

Justice Clarence Thomas wrote a dissent in the case.

“I would construe the law as only requiring Arizona to accept and use the form as part of its voter registration process, leaving the state free to request whatever additional information it determines is necessary to ensure that voters meet the qualifications it has the constitutional authority to establish,” Thomas wrote, The Washington Post reported.

Meanwhile, other areas of the country are actively trying to grant voting access to noncitizens.

Earlier his year, New York City sought to expand voting rights for local elections to 800,000 noncitizens.

The city ordinance was overturned by state Supreme Court Justice Ralph Porzio, who noted that constitutional guidelines and state laws prevent giving noncitizens the right to vote, The New York Times reported.

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