🚨⚖️CASE ALERT: Six lawsuits were filed this year challenging overly strict proof of citizenship requirements to vote in Arizona. Let’s break down the law and the lawsuits challenging it.🧵
In March, Arizona Republicans passed voter suppression law #HB2492. The law requires all voters in AZ to submit documentary proof of citizenship to vote in all elections and likely violates a U.S. Supreme Court ruling. democracydocket.com/alerts/arizona…
For background: The National Voter Registration Act of 1993 (NVRA) requires states to “accept and use” a uniform federal form to register voters for federal elections. The forms ask registrants to affirm, but not provide proof, that they are U.S. citizens. democracydocket.com/news/arizonas-…
In 2004, Arizona voters approved a ballot measure that required election officials to reject any voter registration application not accompanied by proof of citizenship, such as a birth certificate, passport or tribal ID.
As a result of the new requirement, Arizona election officials began rejecting federal registration forms if they weren’t accompanied by proof of citizenship, even though the forms themselves didn’t require it.
Several organizations sued Arizona over this citizenship requirement, noting that many U.S. citizens lack documentary proof of citizenship. And in 2013, the U.S. Supreme Court held that Arizona’s proof of citizenship requirement did not apply to federal voter registration forms.
Since the 2013 ruling, Arizonans have been able to register to vote using federal forms without needing to provide proof of citizenship. These voters, however, are only able to vote in federal elections and are referred to as "federal only" voters.
HB 2492 requires election officials to verify the citizenship of these “federal only” voters. If officials are unable to verify citizenship, the voter will not be allowed to vote until they provide documentary proof.
HB 2492 also prohibits any registered voter who has not provided adequate proof of citizenship — even if they weren’t required to when they originally registered — from voting in presidential elections and voting early by mail, the most popular voting method in the state.
The law directs election officials to give the Arizona attorney general a list of registered voters who lack proof of citizenship for investigation and possible prosecution. These voters have likely done nothing wrong and there's no reason to suspect they aren't citizens.
Up to 200,000 Arizonans could have their voting rights stripped away — approximately 190,000 voters who have not re-registered since the enactment of the proof of citizenship requirement and 31,000 voters who registered since 2013 using federal forms.
It also can be quite difficult to prove citizenship. Millions of Americans across the country, especially elderly, minority and naturalized voters, lack the kind of documentary proof the law requires and the costs of obtaining such proof can be substantial.
Simply put, HB 2492 makes it harder to vote in Arizona, despite no evidence of noncitizens voting in substantial numbers.
Since voter suppression law HB 2492 was enacted, six lawsuits have been filed challenging it. Here’s what each lawsuit is arguing.⤵️
⚖️Mi Familia Vota v. Hobbs
PLAINTIFFS: @MiFamiliaVota & @votolatino
DEFENDANT: Arizona Secretary of State Katie Hobbs (D)
CLAIM: HB 2492 violates the First & 14th Amendments by severely burdening the right to vote & potentially disenfranchising voters democracydocket.com/cases/arizona-…
⚖️Poder Latinx v. Hobbs
PLAINTIFF: @PoderLatinx
DEFENDANT: Hobbs
CLAIM: HB 2492's citizenship investigation scheme and documentary proof of residence requirement violate the 14th Amendment’s Equal Protection and Due Process Clauses democracydocket.com/cases/arizona-…
⚖️United States v. Arizona
PLAINTIFF: U.S. Department of Justice
DEFENDANTS: State of Arizona & Hobbs
CLAIM: HB 2492's proof of citizenship scheme violates the NVRA and Civil Rights Act democracydocket.com/cases/arizona-…
⚖️Democratic National Committee v. Hobbs
PLAINTIFFS: @TheDemocrats & @azdemparty
DEFENDANTS: Hobbs & Arizona Attorney General Mark Brnovich (R)
CLAIM: HB 2492 violates the U.S Constitution, NVRA & Civil Rights Act democracydocket.com/cases/arizona-…
These five lawsuits were consolidated into one case under Mi Familia Vota v. Hobbs. All future filings can be found here. democracydocket.com/cases/arizona-…
In July, two more voter suppression bills were signed into law. One of them was #HB2243, which enables county recorders to purge voters from the rolls so long as county recorders have a “reason to believe” that a voter is not a U.S. citizen. democracydocket.com/alerts/arizona…
Then, in August, a voting rights organization filed a lawsuit challenging both HB 2492 and HB 2243. This case is not currently consolidated with the other 5 lawsuits.
⚖️AZ AANHPI for Equity Coalition v. Hobbs
PLAINTIFF: @aanhpi
DEFENDANTS: Hobbs, Brnovich and county recorders
CLAIM: HB 2492 and HB 2243 violate the U.S. Constitution, Civil Rights Act & NVRA democracydocket.com/alerts/voting-…
Litigation is ongoing in all of these cases. We will keep you updated with any new news via our free weekly and monthly newsletters. Subscribe now so you don’t miss any voting rights news. democracydocket.com/newsletters/
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🚨Here's a list of the groups and officials who submitted amicus briefs in support of the radical independent state legislature theory in the U.S. Supreme Court case Moore v. Harper.⤵️
Groups:
America First Legal Foundation (Stephen Miller & Mark Meadows)
America's Future, Inc. (Michael Flynn)
American Legislative Exchange Council (AZ State Senate President Karen Fann (R))
APA Watch
Citizens United
Citizens United Foundation
Claremont Institute's Center for Constitutional Jurisprudence (John Eastman)
Honest Elections Project (Leonard Leo)
Lawyers Democracy Fund
National Republican Congressional Committee
National Republican Redistricting Trust
North Carolina Republican Party
ICYMI: Federal court struck down the Wisconsin Elections Commission’s ban on ballot return assistance for voters with disabilities. democracydocket.com/alerts/court-s…
"We must learn from this crisis and take steps to address it before November, when the stakes will be much higher." democracydocket.com/news/a-constit…
Read about how Section 208 of the Voting Rights Act aims to protect voters with disabilities and limited English proficiency. democracydocket.com/explainers/mak…
🚨⚖️COURT ALERT: A consolidated lawsuit challenging voter suppression laws in Montana begins a trial on Monday, Aug. 15.
Here's what you need to know.👇🧵
The 2020 election in Montana was record breaking, with the highest voter turnout in any election since 1972. This growth in turnout was especially pronounced among young voters, whose participation increased nearly 40% from the 2016 election.
Rather than celebrating and building on this achievement, the Republican-controlled Montana Legislature instead spent 2021 passing new laws to restrict voting — targeting some of the very provisions that helped contribute to record-breaking turnout the year before.