NEW UPDATE: Arizona Battle Over Documentary Proof of Citizenship to Register to Vote JOINED At the U.S. Supreme Court

Several Responses were filed with the U.S. Supreme Court this afternoon opposing Republican legislative leaders' attempt to force Arizona counties to REJECT any state voter registration applications filed between now and October if they do not provide documentary proof of citizenship (instead of just swearing to be a citizen).

(Assigned) Justice Elena Kagan is expected to decide next week whether or not to order compliance with the 2022 bills that added the requirement. She could also ask the entire bench to decide the on-again, off-again stay of an injunction against the provisions.

The request to permit the prohibition was filed last week by House Speaker Ben Toma and Senate President Warren Petersen, along with the Republican National Committee. (below)

Today's Responses were filed by the Arizona Attorney General's Office (and the Governor), the Secretary of State's Office, the U.S. Department of Justice and the national and Arizona Democratic organizations.

Both sides are trying to turn the Supreme Court's "Purcell Principle" to their advantage. (It is named after former Maricopa County Recorder Helen Purcell, and stands for the principle that courts should be reluctant to change elections laws and procedures too close to the election.) 

The 2022 provision has not been in effect during the past two years of litigation, and the District Court Judge issued an injunction against it several months ago. In June, Republicans tried to get a stay of the injunction pending appeal. One 9th Circuit panel granted it, only to be reversed by the panel actually hearing the appeal.

Toma/Petersen/RNC addressed the Purcell Principle head on, claiming it should work in favor of enforcing the law as passed. Today's Responses note that it has not been in effect and should not cause confusion and difficulty during the next seven weeks of voter registration efforts.

The Arizona Attorney General's Response also argues that Toma and Petersen do not have an interest that would be harmed by the court's refusal because they make laws and are not in charge of enforcing them.

Several years ago, the U.S. Supreme Court told Arizona that they could not reject federal voter registration applications if they do not provide documentary proof of citizenship. Those voters can be restricted from voting in state (and local) contests, however. This case deals with rejecting registrations that come in on Arizona's own paper forms if the prospective voter does not yet have an Arizona ID and does not attach proof of citizenship.

This article was reported by AZ Law founder Paul Weich. 

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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