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Supreme Court allows Arizona to require proof of citizenship when voters register with state forms, but not if they register using federal forms

Arizona has a two-way track system for voting with two different registration forms, one for federal and one for state elections. The court decision stems from a long dispute over voting laws in the state.

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Arizona has a two-way track system for voting with two different registration forms, one for federal and one for state elections. The court decision stems from a long dispute over voting laws in the state.

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The Supreme Court on Thursday partially reinstated a 2022 voting law meant to validate proof of citizenship in elections in Arizona, however, it did not take full effect. Those in Arizona can still register for federal election forms without citizenship but need the proof for state election forms.

The Washington Post reported that SCOTUS upheld a provision of the GOP-backed 2022 law mandating that officials in Arizona must reject state voter registration forms if a voter does not provide proof of citizenship. Another provision of the law was not upheld, meaning one can still register to vote without proof of citizenship for the presidential election if they use a separate federal voter registration form in Arizona.

Arizona has a two-way track system for voting with two different registration forms, one for federal and one for state elections. The court decision stems from a long dispute over voting laws in the state, per NPR.

As NPR reports, Arizona "state law requires showing documentary proof when registering to vote in state and local elections. Before Thursday’s Supreme Court ruling, any eligible voters who submitted the state’s registration form without citizenship proof would be registered for only federal elections."

The law sought to bar those who were only registered for federal elections but did not have proof of citizenship. This was not upheld by the SCOTUS order. The two-track system stems from a years-long dispute about proof of citizenship.

In 2013, SCOTUS ruled that the state had to use a standard federal form. This form does not require proof for citizenship, only that the voter signs under penalty of perjury that they are a US citizen.

In 2022, however, the GOP in Arizona passed a law that would ban registered voters with no proof of citizenship from voting in presidential elections or by mail for a federal office such as the Senate. This then faced legal challenges.

As the outlet reports, as of July 1, 42,301 voters in the state were registered for only federal elections and may have been blocked by the law if they did not have proof of citizenship, if SCOTUS had ruled to do so. 

The court order from SCOTUS reads, that "Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application in full," however "Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would deny the application in full." Justice Kavanaugh and Chief Justice John Roberts provided a compromise with their deciding votes.
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