The Supreme Court allowed Arizona to partially enforce a law requiring voters to show proof of U.S. citizenship on Thursday in response to an emergency request from the Republican National Committee (RNC).
In a 5-4 decision, the Supreme Court permitted Arizona to enforce part of its law requiring officials to reject state voter registration forms that do not include proof of citizenship. However, the majority denied the RNC’s other request to allow a ban on “casting ballots for president or by mail” without proof of citizenship, according to the order.
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the entirety of the RNC’s request. Justices Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson and Amy Coney Barret would have denied it in full, per the order.
A Ninth Circuit Court of Appeals panel declined on Aug. 1. to block a lower court’s injunction preventing the law from taking effect. The RNC noted in its application that federal courts are barred “from enjoining the enforcement of state election laws with an election impending.”
Two dozen attorneys general supported the RNC’s request in an amicus brief, writing that “voting by non-citizens, both legal and illegal, is real.”
“There is every reason to believe this problem of non-citizen voting has gotten worse, as the number of aliens in the United States has undeniably grown,” the states wrote.
Democratic Arizona Secretary of State Adrian Fontes said in a statement to NPR that he will respect the decision and “implement these changes while continuing to protect voter access.”
“My concern is that changes to the process should not occur this close to the election, it creates confusion for voters,” Fontes said.
RNC Chairman Michael Whatley wrote on X that the ruling was a “seismic win in the fight to stop non-citizens from voting.”
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