The Biden administration Justice Department filed a complaint in federal court on Tuesday alleging a new Arizona law that requires proof of citizenship to register to vote violates federal law.
House Bill 2492, signed by GOP Gov. Doug Ducey into law in March, states that applicants must provide evidence of citizenship. It also requires county election officials to research the status of those who do not provide proof of U.S. citizenship.
If officials are not able to verify citizenship, they are required to inform the applicant that he or she is not qualified to vote in a presidential election or “by mail with an early ballot in any election until satisfactory evidence of citizenship is provided.”
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a Tuesday news release, “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,” Clarke added.
“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 National Voter Registration Act, passed in 1993, requires voter registration applicants to attest that they are citizens on the federal form, but they do not have to provide proof of citizenship.
In 2013, the U.S. Supreme Court struck down an Arizona law that required documentary proof of citizenship beyond the attestation on the federal form.
Former Justice Antonin Scalia delivered the 7-2 majority decision of the court, writing that the NVRA preempts state law when it comes to federal elections. He wrote that if Arizona wanted to add the proof of citizenship requirement, it would have to clear it with the U.S. Election Assistance Commission.
Will the Biden administration win this lawsuit?
Arizona responded by setting up a bifurcated system wherein those who wish to vote for state offices must provide proof of citizenship. Otherwise, Arizona residents can register to vote only in federal elections.
In 2020, there were 11,600 federal-only voters, which was greater than now-President Joe Biden’s 10,457-vote margin of victory over then-President Donald Trump in the Grand Canyon State.
The New York Times reported that the number of federal-only voters has grown to roughly 31,500 since 2020.
After being informed on June 27 of the DOJ’s plans to sue Arizona over HB 2492, state Attorney General Mark Brnovich responded in a July 1 letter in which he wrote, “It is curious … that the Department of Justice would use its resources to challenge a commonsense law in Arizona designed to guard against non-citizen voting, while the Biden administration is simultaneous opening our border to encourage a flood of illegal immigration.
“Is the federal government attempting to undermine our sovereignty and destabilize our election infrastructure? I hope this is not your intention,” the Republican added.
In a Wednesday appearance on Newsmax, Brnovich took Biden’s DOJ to task for suing to block HB 2492.
“It’s the height of hypocrisy and absurdity. While Joe Biden is letting millions of people illegally into our country, he doesn’t want Arizona to be able to check for citizenship when you vote,” he said.
“Now the Biden administration and the hard-left that control the Department of Justice are coming after Arizona, and I’m saying, ‘Bring it on,’ because I’m going to stand up not only for Arizona, but the ability of all states to enact commonsense election integrity measures to protect the process and make sure only citizens vote in our elections,” Brnovich added.
Ducey also responded Wednesday to the DOJ suit, saying on a talk radio show, “We’ll see you in court, Mr. President.
Arizona Gov. @DougDucey responds to Biden’s lawsuit against the state’s election integrity laws: “You have to be a citizen…and you should be alive on the day that you vote.”
“If the Biden administration wants to challenge that, we’ll see them in court.” pic.twitter.com/UDLJ0Snn7a
— RNC Research (@RNCResearch) July 7, 2022
“I mean, you’ve got to be kidding me. Everybody knows that you have to present voter ID. You have to be a citizen, you have to be a resident and you should be alive on the day that you vote.
“In Arizona, we make it hard if not impossible to cheat, and very easy to vote if you are a citizen. If the Biden administration wants to challenge that, we’ll see them in court.”
A version of this article originally appeared on Patriot Project.
