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 August 5, 2024

Ninth Circuit Changes Arizona Voter Registration Requirements In Major Blow To Election Security

In a significant legal turnaround, the Ninth Circuit Court of Appeals has reversed its previous decision regarding voter registration in Arizona according to The Arizona Republic.

The court now rules that Arizonans are not required to show proof of citizenship to register to vote, overturning the July mandate.

Originally, on July 18, the Ninth Circuit Court ruled that Arizona residents must provide proof of citizenship to register to vote. This decision was aimed at ensuring that only citizens could participate in all state and federal elections.

Last Thursday, the appellate court revisited this decision. Judges Kim McLane Wardlaw and Ronald Gould voted in the majority, deciding to overturn the previous ruling. Their concern was centered on the disruption a late change would cause to the upcoming November elections.

The judges emphasized that altering Arizona's election rules just months before voting would lead to significant confusion and potential chaos among voters and election officials.

Dissenting Opinion on Voter Registration

Judge Patrick Bumatay, however, dissented. He supported the initial July decision, arguing that the state legislature's power should not be undermined by federal agreements. Bumatay highlighted the serious concerns regarding the separation of powers that this case presents.

The crux of his dissent rested on maintaining the integrity of the state's legislative decisions without federal interference.

Arizona employs a two-track system for voter registration. This system allows those who can prove their citizenship to vote in all elections, while those who cannot are restricted to voting only in federal races with "federal only" ballots.

This unique system aims to comply with both state and federal election regulations, balancing the need for inclusivity with the enforcement of state laws regarding voter eligibility.

Despite the reversal, Senate President Warren Petersen expressed dissatisfaction with the court's decision. He announced immediate plans to seek an emergency stay from the U.S. Supreme Court, reflecting ongoing political tensions surrounding voter registration laws.

Aaron Thacker, the communications director for the Arizona Secretary of State's Office, addressed how this decision affects election procedures. He stated clearly that election officials are now instructed not to reject voter registration applications that lack documentary proof of citizenship, regardless of the form used.

This directive ensures that the Ninth Circuit's ruling is implemented consistently across the state, impacting how elections will be conducted this November.

Political Reactions to Court Ruling

The reaction to the court's decision has been mixed, with significant implications for the state's political landscape. While some view the reversal as a victory for voter access, others, like Petersen, see it as a threat to electoral integrity.

The decision underscores the ongoing national debate over voter registration requirements and who gets to decide these criteria — the states or the federal government.

While Judges Wardlaw and Gould argue that their decision prevents electoral chaos, Judge Bumatay's dissent suggests a deeper legal conflict over the balance of power between state and federal authorities concerning election laws.

This division within the court reflects broader national divisions over how elections should be managed and the criteria voters must meet to participate.

With the November elections approaching, the impact of this ruling will likely be significant. As Senate President Petersen seeks a Supreme Court intervention, the legal landscape may shift again, affecting voters and election officials alike.

The ultimate resolution of this legal battle will shape not only the upcoming election but also future discussions on voter registration and citizenship verification across the United States.

Conclusion

The Ninth Circuit's decision marks a pivotal moment in Arizona's electoral history.

It highlights the dynamic interplay between judiciary decisions and electoral policies, amidst a backdrop of heightened national attention to voting rights.

With the possibility of further legal challenges, Arizona's election rules may continue to evolve as the debate over voter registration requirements unfolds nationally.

Written By:
Christina Davie

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