24 GOP attorneys general ask SCOTUS to uphold Arizona's U.S. citizenship voter law

Republican attorneys general from 24 states have filed an amicus brief with the U.S. Supreme Court, asking that it uphold Arizona's law requiring voters to provide proof of U.S. citizenship in state elections.

West Virginia Attorney General Patrick Morrisey announced Monday that he joined Kansas Attorney General Kris Kobach in leading the state coalition to petition the high court following the 9th Circuit Court of Appeals' decision earlier this month against the law.

“It’s about safeguarding the integrity of our elections—the heart of our democratic process,” Morrisey said. “It’s really very simple: you should not be allowed to vote if you’re not a United States citizen, and having proof of your citizenship is vital in making sure we conduct free, safe and lawful elections.”

On Aug. 1, two judges of a three-judge panel decided to reverse a decision by another panel of the appeals court, blocking Arizona's 2022 laws on federal-only voters. In July, the original panel granted a partial stay of the U.S. District Court of Arizona's ruling in May, allowing part of the laws to take effect. The July ruling required residents who could not provide proof of U.S. citizenship to use the federal voter registration form, rather than the state voter registration form.

Arizona is a state with the unusual situation of bifurcated elections, in which residents who provide proof of U.S. citizenship can vote in all elections while the others may vote only in federal elections, resulting in ballots cast by voters who haven’t proven their U.S. citizenship. State law requires residents registering to vote in the state to provide proof of U.S. citizenship.  

However, after the U.S. Supreme Court ruled in 2013 that Arizona must accept U.S. voter registration forms because of federal requirements under the 1993 National Voter Registration Act, the state allows residents registering to vote who don't provide proof of citizenship to receive ballots for federal races only.

Arizona's 2022 laws restrict federal-only voters, allowing them to only vote in congressional elections (not state or presidential) and prohibiting them to vote by mail.

The amicus brief was filed on Thursday in support of the Republican National Committee. The brief states that to ensure only U.S. citizens vote in its elections, Arizona "require[s] that a person registering to vote provide documentary proof of citizenship."

Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Indiana, Kentucky, Louisiana, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Virginia joined the brief.