JUST IN: Biden Admin. sues Arizona over new election law requiring proof of citizenship

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House Bill 2492 (2022), a newly passed bill that will go into effect in January 2023, places limits on voting rights. The Justice Department said today that it has sued the State of Arizona to challenge these restrictions. In accordance with Section 6 of the National Voter Registration Act of 1993 (NVRA) and Section 101 of the Civil Rights Act of 1964, the United States’ lawsuit challenges certain aspects of House Bill 2492.

To stop a bill that would require evidence of citizenship in order to register to vote in the state, the Justice Department filed a lawsuit against the state of Arizona on Tuesday.

The bill will go into effect in January after being approved by Arizona Governor Doug Ducey in March.

The Justice Department contends that the new legislation violates the National Voter Registration Act because it demands documented evidence of citizenship in federal elections, despite the Supreme Court rejecting Arizona’s earlier effort to require proof of citizenship in 2013.

According to Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, “House Bill 2492’s onerous documentary proof of citizenship requirement for certain federal elections constitutes a textbook violation of the National Voter Registration Act,”

“For nearly three decades, the National Voter Registration Act has helped to move states in the right direction by eliminating unnecessary requirements that have historically made it harder for eligible voters to access the registration rolls. 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. The Justice Department will continue to use every available tool to protect all Americans’ right to vote and to ensure that their voices are heard.”

“The U.S. Attorney’s Office for the District of Arizona is dedicated to protecting voters in the state,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “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.”

The case filed by the United States claims that House Bill 2492 violates the NVRA by requiring voters to present documented evidence of citizenship before they can cast a ballot in a federal election, including a presidential election, or cast a ballot by mail in any federal election. The 2013 Arizona v. Inter Tribal Council of Arizona, Inc., 570 U.S. 1 (2013) decision by the U.S. Supreme Court, which rejected an earlier attempt by Arizona to impose a similar documentary proof of citizenship mandate on applicants seeking to vote in federal elections, is disregarded by this requirement. Additionally, House Bill 2492 requires election officials to reject voter registration applications based on mistakes or omissions that are not crucial to determining a voter’s ability to cast a ballot, which the United States claims violates Section 101 of the Civil Rights Act.

In its case, the United States seeks the court to stop Arizona from executing House Bill 2492’s provisions that are in conflict with the NVRA and the Civil Rights Act.

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