Another salvo has been fired in the battle to make sure only U. S. citizens vote in all elections held in Arizona. The latest action was that a panel for the United States Court of Appeals for the Ninth Circuit enjoined enforcement of commonsense legislation that required proof of citizenship to vote in state elections.
The issue has to do with HB2492, the 2022 bill that prohibited voter registration unless proper proof of citizenship was provided. The wrangling over whether proof of citizenship must be required has been going on for years.
In 1993, Congress passed The National Voter Registration Act of 1993 (NVRA), which requires states to “accept and use” a standard federal form to register voters for federal elections. The federal form requires voters to attest under penalty of perjury that they are U.S. citizens, but does not require them to submit documentary proof of citizenship such as a passport or birth certificate.
In Arizona v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1 (2013), this Court explained that a State violates the Act by rejecting a federal form on the ground that the voter failed to submit documentary proof of citizenship along with it. The Act thus preempts Arizona’s requirement that voters who register with the federal form submit documentary proof in order to vote for President or vote by mail. The result was the creation of a consent decree whereby in Arizona two registration forms are used. Using the state form, which requires proof of citizenship, enables voters to vote in all elections. But those who use the federal form can vote only in federal elections.
According to the Federation for American Immigration Reform (FAIR):
“The U.S. Supreme Court issued an order in late August which restores some of Arizona’s election law regarding proof of citizenship. The Court reinstated a provision that requires residents to prove U.S. citizenship when registering to vote using a state registration form. However, at the same time, the Court refused to reinstate a provision that prevents residents from voting in presidential elections unless they prove U.S. citizenship.”
This whole issue revolves around two questions. First, does congress have the authority to enact the provisions of the NVRA? Second, does the NVRA supersede HB2492? According to Elizabeth B. Prelogar Solicitor General Counsel of Record Department of Justice, the answer to both questions is yes.
Eventually, this whole issue will have to be resolved by the U. S. Supreme court.
From a layman’s perspective, this issue has been made more complicated than it needs to be. It is clear that the NVRA intends that only U. S. citizens are eligible to vote. Therefore, there should not be a conflict between it and HB2492.
Unless Congress was not serious about the citizenship requirement when it created NVRA, then it makes perfectly good sense to provide a mechanism to ensure the requirement is met. In Arizona, at least, HB2492 provides that mechanism.
Congress needs to fix this.
Arizona needs to be out of the 9th Circuit; it’s a monstrosity (see map link), and it’s not the least bit reflective of “Western Values”, being dominated by big urban centers on the Pacific coastline. https://www.ca9.uscourts.gov/information/circuit-map/
You’re still harping on this? Have you even tried registering to vote or obtain a drivers license without proper documentation? Try it, then tell us how easy it really is.
Probably as difficult as boarding a plane, or getting a loan, or buying booze, or getting a license plate. Oh no, some things require documentation, whatever will we do? Maybe tackle the source of the problem and demand gov’t offices streamline and correct their processes. Getting a copy of one’s birth certificate, then a driver’s license, and passport – in the 21st Century – shouldn’t be a multi-month, or even a multi-week, affair.
This was always planned for. The powers that be want it to go to SCOTUS but they might not like the final ruling.
have they finished counting yet?