In a decision made on Thursday, a federal judge in Arizona upheld two state laws that necessitate voters to produce evidence of their U.S. citizenship before they can register to vote. The decision rendered by U.S District Judge Susan Bolton supported the implementation of HB 2492 and 2243.
In the aftermath of a 10-day bench trial, Bolton issued a lengthy 109-page opinion endorsing the laws. However, Bolton discovered that the provision of HB 2492 requesting voters to provide their birthplace for registration validation contradicted the Civil Rights Act of 1964 and the National Voter Registration Act (NVRA) as these details were deemed irrelevant for qualifying one’s voting eligibility. A feature of HB 2243 that authorized voter registration personnel to carry out SAVE inspections on registrants suspected of non-citizenship was also ruled out; SAVE is a federal government methodology that obtains immigration-related data to assess eligibility for government benefits.
Despite striking down a couple of provisions, Bolton deduced that the laws did not impose an “undue burden” on voters. Moreover, Bolton dismissed allegations that the laws violated the Equal Protection Clause of the U.S Constitution. Under this clause, if a law is seemingly neutral, those opposing it must prove that the government passed the law with a discriminatory motive. Even though expert witnesses testified about Arizona’s history of prejudice in past voting laws during the trial, Bolton sided with the defendants and dismissed the plaintiffs’ claims of alleged discriminatory purpose.
Arizona Secretary of State, Adrian Fontes, celebrated the ruling and in a statement applauded the Court for its definitive action in safeguarding the rights of all Arizona voters. He affirmed that the ruling dismantled obvious attempts to suppress the votes of Arizona’s diverse electorate and reiterated that voter suppression has no place in democratic practice.
In accordance with Arizona law, voters must be U.S. citizens. HB 2492 mandates Arizona voters to furnish documentary proof of citizenship, while HB 2243 provides for vote registrations to be nullified if recorders suspect non-citizenship or if satisfactory evidence of citizenship is not provided within 35 days of notice.
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