Justice Department sues Arizona over citizenship voter ID requirements

The Justice Department filed a lawsuit Tuesday against Arizona challenging its law that requires proof of citizenship for residents to vote in presidential elections.

The lawsuit was announced by Assistant Attorney General Kristen Clarke during a press call with reporters arguing Arizona’s law, House Bill 2492, is “a textbook violation” of the National Voter Registration Act of 1993.

“Arizona has passed a law that turns the clock back,” Clarke said during the call.

“This lawsuit reflects our deep commitment to using every available tool to protect all Americans’ right to vote and to ensure that their voices are heard in our democracy.”

Arizona Attorney General Mark Brnovich had anticipated the court challenge from President Joe Biden‘s DOJ and wrote a letter to Clarke on Friday pledging to defend the voting law all the way to the Supreme Court “if necessary.”

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“After Biden invites millions to illegally enter our country, his DOJ is challenging Arizona’s law to ensure only citizens can vote. Alas the clouds part to show the true sky. We’ll see you in court!” Brnovich tweeted on July 1.

The bill was signed by Gov. Doug Ducey earlier this year and is slated to take effect in January, though it has drawn intense opposition from voting rights advocates.

Voting rights proponents say the bill is unconstitutional in light of a 2013 Supreme Court ruling in a case that found Arizona can’t impose a proof-of-citizenship requirement on people who register to vote using federal forms. The ruling established a two-tiered system in which those who do not show proof of citizenship can only vote in federal elections in Arizona, but not in state or local contests.

The DOJ lawsuit cited the 2013 decision as a rejection of the state’s attempt to impose similar documentary proof of citizenship requirements on applicants seeking to vote in presidential elections.

Additionally, the agency argued the National Voter Registration Act “specifically precludes” any state requirement that an applicant seeking to register to vote using a federal form must file documentary proof of citizenship, rejecting the state’s assertions that it can impose such requirements.

There are three lawsuits pending in federal court challenging the law. One was filed by Daniel Arellano representing Mi Familia Vota, calling on the courts to reject arguments that HB 2492 is essential to prevent noncitizens from voting.

“The unsupported fear-mongering is plainly insufficient to justify the proof-of-citizenship restrictions widespread burdens,’’ Arellano wrote.

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The challenge to the state’s election law comes nearly a year after the state’s GOP-led Senate commissioned a review of the 2020 presidential election in summer 2021. In October, the conclusion of the review determined there were no irregularities that would have affected Biden’s victory over then-President Donald Trump.

Brnovich, who is a Republican candidate for the Senate, questioned why the DOJ would “use its resources to challenge a common sense law,” arguing that the “Biden Administration is simultaneously opening our borders to encourage a flood of illegal immigration.”