Biden Administration sues Arizona over proof-of-citizenship voter law

The Biden administration on Tuesday sued Arizona, saying the state violates federal law by requiring proof of citizenship to vote for president. In its latest challenge to Republican-backed changes to state voting procedures, the Justice Department said Arizona’s newly enacted requirement that residents provide documentary proof of citizenship would keep eligible voters from participating in certain federal elections. The state law set to take effect in January, “turns the clock back by imposing unlawful and unnecessary requirements that would block eligible voters from the registration rolls,” said Kristen Clarke, head of the Justice Department’s civil rights division. She called Arizona’s House Bill 2492, which also requires proof-of-citizenship to vote by mail in any federal election, a “textbook violation” of the 1993 National Voter Registration Act. A provision requiring election officials to reject registration forms based on mistakes that aren’t relevant to a voter’s eligibility also violates the 1964 Civil Rights Act, the Justice Department said.

Arizona Republicans passed the bill in a party-line vote, and Gov. Doug Ducey signed it on March 30, calling it “a balanced approach that honors Arizona’s history of making voting accessible without sacrificing security in our elections.” It requires proof-of-citizenship, such as a passport or birth certificate, on a federal voter registration form. Voting rights advocates had warned that such a measure could disenfranchise tens of thousands of voters. State lawmakers who wrote the bill said it is aimed at curbing fraud, though experts say cases of noncitizens voting are rare. The Justice Department is seeking to block provisions of the state law from being enforced. “It’s another round of Brnovich v. Biden as his DOJ continues its attempts to undermine our election integrity laws,” Arizona Attorney General Mark Brnovich, a Republican, said on Twitter. “I will see you in court. Again.” In 2013, the Supreme Court rejected an earlier attempt by the state to impose similar proof-of-citizenship requirements for federal elections, saying such a mandate interfered with Congress’s prerogative to set election laws. Mr. Brnovich told Ms. Clarke in a letter last week that he was prepared to defend the new law all the way to the Supreme Court and “defeat the federal government’s efforts to interfere with our state’s election safeguards.”