Supreme Court Ruling on Proof-of-Citizenship for Elections is Not a ‘Victory.’ Here’s Why…

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from The National Pulse:

The United States Supreme Court has only partially reinstated a proof-of-citizenship election law in Arizona. First passed in 2022, the law requires documentary proof of citizenship using state or federal registration forms when registering to vote. In a 5-to-4 decision, the Supreme Court ordered Thursday that the law’s provision mandating proof-of-citizens on state-created forms be reinstated. However, the court did not permit the enforcement of rules mandating such proof for voting in presidential elections or by mail.

Already, 40,000 individuals are believed to have registered to vote in the state using federal forms without providing proof of citizenship. During the 2020 presidential election, Arizona was decided by just over 10,000 votes.

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An emergency appeal by the Republican National Committee (RNC) and Arizona state lawmakers prompted the ruling. Initially taken up by Justice Elena Kagan, the full court issued its order on Thursday—partially overturning a federal district court order blocking the proof-of-citizenship requirements. While Arizona’s legislature can continue to set rules for its state election processes, the Supreme Court barred the state from determining eligibility requirements for registration to vote in federal races.

Justices Clarence ThomasSamuel Alito, and Neil Gorsuch favored fully granting the RNC‘s request. Conversely, Justices Sonia SotomayorElena KaganAmy Coney Barrett, and Ketanji Brown Jackson supported a complete denial.

The Republicans had urged the Supreme Court to issue the stay by Thursday. According to the secretary of state, this deadline was essential for resolving litigation that would affect Arizona‘s ballot printing. Arizona’s HB 2492 law, enacted in 2022, mandates that individuals using a federal form for voter registration must provide documentary proof of citizenship. Without such proof, they are ineligible to vote in presidential elections or by mail.

The National Pulse has reported extensively on the issue of noncitizen voters. Loopholes and conflicts between state and federal election laws have likely allowed a statistically significant number of ineligible noncitizens to register as voters in U.S. elections. A federal investigation in North Carolina revealed that noncitizens overwhelming back Democratic Party candidates.

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