Republicans File Emergency SCOTUS Appeal to Uphold Proof of Citizenship to Vote Requirement
Editor’s Note: Our readers responded strongly to this story when it originally ran; we’re reposting it here in case you missed it.
The Republican National Committee and GOP leaders from the Arizona legislature petitioned the U.S. Supreme Court on Aug. 15 to allow enforcement of the state’s proof-of-citizenship voter registration requirement for this fall’s general election.
In 2022, Arizona passed a law requiring a documentary proof of citizenship — like a birth certificate, passport, driver’s license or naturalization number — in order to register to vote, Courthouse News Service reported.
The Biden administration, Mi Familia Vota and other voting rights advocacy groups sued in federal court to stop the law’s enforcement.
A federal district court ruled in September 2023 that the federal National Voting Registration Act preempted state law and issued an injunction stopping the new state law from being enforced.
The RNC then sought an emergency stay on the injunction at the 9th U.S. Circuit Court of Appeals, which at first ruled in favor of enforcing the Arizona registration law.
However, the court later allowed the injunction to remain in place following a motion for reconsideration from those parties opposed to the requirement.
Federal law provides that an appeals court may reconsider a ruling if it can be shown, “A manifest injustice, clearly apparent or obvious on its face, will occur if the motion for reconsideration is not granted.”
GOP state Senate President Warren Petersen, a co-petitioner with the RNC, found the 9th Circuit’s reversal of its original decision highly unusual, according to Arizona Public Radio station KJZZ.
“It’s unheard of,” Petersen said. “It’s disturbing really, and I think the dissenting judge really said it well; it makes them look very political, and it causes them to lose credibility.”
“The standard is a ‘great manifest injustice’ and come on, requiring only U.S. citizens to vote? Allowing non-citizens to vote is a manifest injustice. The court is literally doing the opposite of what their own rules are requiring them to do,” he added.
🚨BREAKING: As promised, the Arizona State Senate is taking its fight to protect election integrity to the U.S. Supreme Court.
Today, @votewarren filed an emergency application for stay, asking SCOTUS to block an absurd ruling from the Ninth Circuit Court of Appeals that allows… pic.twitter.com/jgYJlC44l3
— AZSenateRepublicans (@AZSenateGOP) August 8, 2024
The RNC and the other plaintiffs filed at the U.S. Supreme Court on Aug. 15 seeking to stay the lower court’s ruling.
“The district court’s injunction is an unprecedented abrogation of the Arizona Legislature’s sovereign authority to determine the qualifications of voters and structure participation in its elections,” the RNC’s brief stated.
“The RNC has an interest in having its members’ rights as voters not undermined by eleventh-hour changes to election laws,” the committee wrote.
“Applicants need prompt relief. Because counties need to print ballots well in advance of the election, the Secretary of State ‘has advised that the deadline to resolve’ ballot-referendum litigation is August 22, 2024,” the filing further read.
Courthouse News Service reported that the application was submitted to Justice Elena Kagan, who presides over emergency appeals originating from the 9th Circuit.
She can either make a decision on the matter herself or refer to to the full court for consideration.
Fox News noted on Aug. 13 that President Joe Biden defeated Donald Trump in Arizona by about 10,000 votes, the Democrat’s narrowest win in any state.
Arizona voter registration law on Supreme Court docket pic.twitter.com/ULtDNuxD6c
— Karli Bonne’ 🇺🇸 (@KarluskaP) August 13, 2024
The news outlet said there are roughly 25,000 voters who would be taken off the rolls if the law is enforced because they did not show proof of citizenship when they registered. They, of course, could re-register if they have citizenship documents.
Arizona is expected to be a swing state again this year, which could help decide the presidency.
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