Supreme Court Requires Temporary Enforcement of an Unlawful Anti-Voter Law in Arizona While Case is Pending in Ninth Circuit

Phoenix, AZ – The U.S. Division of Justice and several other voting rights organizations appeared earlier than the US Courtroom of Appeals for the Ninth Circuit on Tuesday, September 10, 2024, to defend voters’ rights towards an attraction by the state of Arizona, two Arizona legislators, and the Republican Nationwide Committee, who search to reinstate a voter suppression regulation already struck down by the district courtroom. However within the meantime, a portion of this regulation–which by no means earlier than has been carried out and which threatens the appropriate of eligible Arizonans to vote on the eve of the 2024 common election–has been put in force due to an eleventh-hour keep of the district courtroom’s determination by the Supreme Courtroom.

The district courtroom, after a weeks-long trial in November 2023, struck down a number of components of the brand new regulation. As a part of its determination, the courtroom dominated that election officers should enable voters who register utilizing the state voter registration type to vote in federal elections with out offering documentary proof of citizenship. Voters are already required to attest to their citizenship—underneath penalty of perjury—to register to vote, and federal regulation prohibits states from imposing extra paperwork necessities to register for federal elections.

However two Arizona legislators and the Republican Nationwide Committee–over the objection of the state of Arizona–sought and obtained from the Supreme Courtroom a keep of the district courtroom’s determination. And, though the Supreme Courtroom appropriately denied a part of that keep request, 5 justices voted in favor of a keep that can threat Arizona voters’ proper to vote in federal elections, even the place that voter completes all related registration necessities, together with the attestation of citizenship.The Supreme Courtroom’s keep goes towards practically 20 years of precedent. This provision may now stop tens of 1000’s of Arizonans from casting their ballots within the upcoming November election and create confusion for voters and election officers alike.

“On the eve of a monumental election, 5 members of the Supreme Courtroom went towards the Courtroom’s personal precedent to require enforcement of a regulation that can trigger voter confusion, will undermine the vital Get Out The Vote work that non-partisan organizations are doing, and can in the end hold folks from having the ability to forged their ballots in our upcoming federal election,” mentioned Courtney Hostetler, Authorized Director of Free Speech For Folks.

This determination additionally goes instantly towards the precedent of the “Purcell precept,” stemming from a 2006 Supreme Courtroom determination, which warns towards altering the established order election coverage so near an election.

“To be clear: this keep doesn’t cease a brand new, untested statute going into impact. It requires a brand new, untested statute to enter impact—one {that a} federal choose has already dominated to be illegal. We’re upset within the ruling, and look ahead to working with our companions at Marketing campaign Authorized Heart and different organizations to defend Arizona voters,” mentioned Hostetler.

The Supreme Courtroom determination follows a district courtroom ruling on abstract judgment from September 2023, the place a federal choose struck down discriminatory, anti-voter provisions of two Arizona legal guidelines, H.B. 2492 and H.B. 2243, handed in 2022 that undermined Arizonans’ freedom to vote and violated federal regulation. The choose’s order additionally leaves a couple of anti-voter provisions intact. Defendants on this case appealed the ruling to the Ninth Circuit in a case that was heard on September 10, 2024.

Marketing campaign Authorized Heart (CLC), the San Carlos Apache Tribe Division of Justice, Barton Mendez Soto PLLC, Free Speech for Folks and Mayer Brown, LLP filed the lawsuit on behalf of Residing United for Change in Arizona (LUCHA), League of United Latin American Residents (LULAC), Arizona College students’ Affiliation (ASA), Arizona Democracy Useful resource Heart (ADRC), Arizona Coalition for Change (ACC), the Inter Tribal Council of Arizona (ITCA) and the San Carlos Apache Tribe.