Updated August 23, 2024 at 09:57 AM ET
The U.S. Supreme Court on Thursday delivered a mixed ruling on a controversial Arizona voting law.
The Republican National Committee had asked the court to put a pause on a lower court ruling against the 2022 law. And in a 5-4 decision, the high court granted part of that request, allowing Arizona to enforce 鈥� for now 鈥� a section that requires election officials to reject state voter registration forms that are submitted without an applicant鈥檚 proof of U.S. citizenship. That provision will remain in effect as an appeal proceeds.
But the court rejected other aspects of Republicans' request that could have blocked tens of thousands of currently registered voters from voting in this fall鈥檚 presidential election.
from the conservative-majority high court is part of a legal fight over voter registration requirements in the key swing state, where in 2020, President Biden defeated former President Donald Trump by slightly .
The ruling comes just weeks before voting starts in what is expected to be a close presidential election 鈥� and amid a growing GOP push for voters to show proof of their citizenship when signing up to cast a ballot in federal elections, which many election experts warn could make voting .
Two dozen Republican state attorneys general, led by Kansas Attorney General Kris Kobach and West Virginia Attorney General Patrick Morrisey, backed the RNC鈥檚 emergency request to the Supreme Court with .
In a statement, RNC Chairman Michael Whatley called the Supreme Court鈥檚 ruling 鈥渁 major victory for election integrity that upholds a simple principle: American elections must be decided by American citizens.鈥�
Studies have shown that noncitizen voting in state and federal elections .
Arizona Democratic Secretary of State Adrian Fontes said that his office, which is named in the lawsuit, respects the court鈥檚 decision and 鈥渨ill implement these changes while continuing to protect voter access."
"My concern is that changes to the process should not occur this close to an election, it creates confusion for voters,鈥� Fontes added in a statement.
With voter registration for this fall鈥檚 general election in Arizona set to end on Oct. 7, Patty Ferguson-Bohnee 鈥� a law professor at Arizona State University and member of the Pointe-au-Chien Indian tribe, who has served as Arizona鈥檚 Native vote election protection coordinator 鈥� says the timing of the Supreme Court鈥檚 order is likely to add another hurdle to outreach groups who may have to adjust how they help eligible voters get signed up to vote.
鈥淧eople have been ramping up their voter registration efforts. A lot of groups and organizations and counties have been trained on the voter registration process, so I think it will create a little bit of confusion,鈥� Ferguson-Bohnee says. 鈥淎nd then, if a voter is registering, they're not going to be aware that, 鈥極h, there is a federal form, and there's a state form. And it may actually make a difference as to whether I'm actually registered to vote, depending on which form I use.鈥� 鈥�
2 different forms make Arizona voter registration complicated
Arizona has a complicated, two-track system for registering voters in which two different forms 鈥� a state one and a federal one 鈥� are accepted, with different requirements. The system stems from a decades-long dispute over the need for proof of citizenship.
State law requires showing documentary proof when registering to vote in state and local elections. Before Thursday鈥檚 Supreme Court ruling, any eligible voter who submitted the state鈥檚 registration form without citizenship proof would be registered for only federal elections, unless election officials could access a record of citizenship proof the voter previously provided to Arizona鈥檚 Motor Vehicle Division.
The Supreme Court that the state had to accept and use a required by the . That form does not require proof but calls for applicants to swear under penalty of perjury that they are U.S. citizens.
In 2022, however, Arizona鈥檚 GOP-controlled legislature that bans registered voters who have not provided proof of their citizenship from voting in presidential elections or by mail for any federal office, like U.S. Senate.
The U.S. Justice Department and civil rights organizations led by Mi Familia Vota sued, and following a 10-day trial, U.S. District Judge Susan Bolton that restriction after finding that it is preempted by the National Voter Registration Act, which Congress passed in 1993 to make the registration process easier for eligible voters. Bolton鈥檚 decision cited that said the high court has recognized 鈥渂road congressional power to legislate in connection with the elections of the President and Vice President.鈥�
The Republican National Committee, along with Arizona鈥檚 top GOP state lawmakers, to the 9th U.S. Circuit Court of Appeals. The Republicans argue that the U.S. Constitution鈥檚 limits Congress鈥� role in regulating presidential elections and that Arizona鈥檚 state legislature has, as attorneys for the RNC and the GOP lawmakers wrote in , 鈥渟overeign authority to determine the qualifications of voters and structure participation in its elections.鈥� Still, this month, a panel of 9th Circuit judges declined to put a pause on the lower court鈥檚 ruling.
According to the , 42,301 voters in the state were registered for only federal elections, as of July 1.
Whether those registered voters are allowed to vote in future presidential elections after this fall鈥檚 race without showing proof of citizenship remains an open legal question.
Oral arguments before the 9th Circuit are scheduled for Sept. 10 in San Francisco, and attorneys for the RNC have signaled in they鈥檙e preparing to eventually ask the Supreme Court to take up this case.
In the Supreme Court鈥檚 order, at least three conservative justices 鈥� Clarence Thomas, Samuel Alito and Neil Gorsuch 鈥� signaled interest in weighing in more fully on the citizenship-proof requirement for Arizona鈥檚 state registration forms.
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