The U.S. Department of Justice (DOJ) is challenging Arizona's recently enacted law requiring voters to prove they are U.S. citizens before they can register to vote, stating the law violates the National Voter Registration Act (NVRA).
The DOJ announced the lawsuit against Arizona's House Bill 2492 (HB2492) on July 5, contending that the bill imposes "unlawful and unnecessary" requirements for voters to provide specific citizenship documents. The announcement also states HB2492 defies a Supreme Court ruling that struck down a similar attempt by Arizona in 2013.
Assistant Attorney General Kristen Clarke of the DOJ's Civil Rights Division called HB2492's mandate for specific documentary proof of U.S. citizenship "onerous" and "a textbook violation" of the NVRA.
"Arizona has passed a law that turns the clock back on progress," Clarke said in the announcement, "by imposing unlawful and unnecessary requirements that would block eligible voters from the registration rolls for certain federal elections."
Arizona Gov. Doug Ducey (R) signed HB 2492 into law March 30, writing in a letter to Katie Hobbs, secretary of state, that "election integrity" requires "every lawful vote" be counted and that "any attempt to illegally cast a vote" must be prohibited.
"H.B. 2492 is a balanced approach that honors Arizona's history of making voting accessible without sacrificing security in our elections," Ducey wrote in the letter.
Local news publication AZCentral reports a criticism of the legislation is that targeting the federal registration forms risks excluding voters who do not have the types of documents now required when the law takes effect in January.
"Among other things, the bill requires proof of where someone was born," AZCentral reports, "even though disclosing that location has nothing to do with voting in Arizona" according to the nonprofit Living United for Change, which is also fighting the law in court, AZCentral reports. Currently, Arizonans can use an NVRA-authorized registration application, which requires the applicant to affirm citizenship under penalty of perjury.
Gary M. Restaino, U.S. attorney for the Arizona district, said the office is "dedicated to protecting" Arizona voters and is "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.”
