In a high-stakes legal battle that could influence future elections, the Republican Party has appealed to the Supreme Court to decide a complex voting rights case that could disenfranchise thousands of voters in Arizona. The case, Republican National Committee v. Mi Familia Vota, revolves around a convoluted system of voter registration in Arizona that emerged from conflicting state and federal laws, leading to years of litigation.
At the heart of the controversy is Arizona’s 2004 law requiring new voters to provide proof of citizenship, such as a passport or birth certificate, when registering to vote. This law conflicts with the federal National Voter Registration Act (NVRA), which mandates that states must register voters who submit a standardized federal form. This form requires applicants to swear, under penalty of perjury, that they are citizens but does not require additional proof.
The Supreme Court previously addressed this conflict in the 2013 case Arizona v. Inter Tribal Council of Arizona, ruling that Arizona must allow voters to register using the federal form. However, the ruling also suggested that the federal government’s power to mandate voter registration might be limited to federal elections. As a result, Arizona has since restricted voters who register with the federal form without providing proof of citizenship to voting only in federal elections, such as for Congress and the presidency.
The current case before the Supreme Court challenges a 2022 Arizona law that imposes new restrictions on these so-called “federal-only” voters. This law, which has not yet taken effect, would prevent these voters from voting by mail or for president, limiting them solely to congressional races. Additionally, it mandates that any new voter registration submitted without proof of citizenship using the state form be rejected, even though the individual must still be registered as a federal-only voter if they use the federal form.
The Republican Party’s push to further restrict voting rights for this small group of federal-only voters has significant racial implications. According to expert testimony, non-Hispanic White voters make up a smaller percentage of federal-only voters compared to minority voters in Arizona. This racial disparity is seen as a key reason behind the GOP’s legal efforts, as minority voters overwhelmingly supported President Joe Biden in the 2020 election, contributing to his narrow victory in Arizona—a critical swing state.
Seven federal judges have reviewed the 2022 law so far, with none supporting the provisions that would prevent federal-only voters from voting by mail or for president. Although opinions were divided on other restrictions, the law remains blocked for the time being. The Supreme Court’s decision could have far-reaching consequences for Arizona’s electorate and the balance of power in future elections.
As the nation waits for the Supreme Court’s ruling, the case underscores the ongoing battle over voting rights in the United States, particularly in swing states where even small changes in voter eligibility could tip the electoral scales. The outcome of this case could set a significant precedent, either reinforcing or undermining the ability of states to impose additional voting restrictions on federally registered voters.
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