In a landmark decision on Thursday, U.S. District Judge Susan Bolton upheld new Arizona state laws requiring counties to verify the U.S. citizenship status of registered voters and cross-reference voter registration information with government databases. The rules, aimed at limiting voting to eligible citizens and preventing voter fraud, were deemed nondiscriminatory by the judge.
“Considering the evidence as a whole, the court concludes that Arizona’s interests in preventing non-citizens from voting and promoting public confidence in Arizona’s elections outweighs the limited burden voters might encounter when required to provide (documentary proof of citizenship),” Bolton wrote.
However, Bolton ruled that the requirement for individuals using state registration forms to disclose their state or country of origin violates both the Civil Rights Act and the National Voter Registration Act. Such a requirement would unfairly target naturalized citizens for investigation based on biased assumptions of their citizenship.
The laws passed in Arizona were part of a wave of proposals introduced by Republicans in the fallout of Joe Biden’s 2020 “victory” over Donald Trump in the state. Supporters claim the measures will only affect voters who have not verified citizenship. Yet, opponents, including voting rights groups and the U.S. Department of Justice, argue the laws could potentially impact hundreds of thousands of citizens who have not recently updated their voter registration or driver’s license details. While Judge Bolton recognizes that non-citizen voting in Arizona is rare, she concluded that the new laws “could help to prevent non-citizens from registering or voting.”
