Arizona voting laws requiring proof of citizenship upheld by federal judge

A federal judge on Thursday sided with tighter voting restrictions for state elections, stating that the Arizona laws did not infringe upon civil rights.

U.S. District Court Judge Susan Bolton ruled over a 2023 bench trial that oversaw complaints originating from the Department of Justice and seven different advocacy groups on Arizona house bills that they claimed were discriminatory against minority voters in Arizona.

Bolton said the plaintiffs of the case "failed to show that (the) voting laws were enacted with any discriminatory purpose."

In favor of civil rights groups, Bolton noted in her ruling that Arizona's requirement for state election voters to list their place of birth violated the Civil Rights Act and National Voter Registration Act.

"The provision will result in the investigation of only naturalized citizens based on county recorders’ subjective beliefs that a naturalized individual is a non-citizen," the ruling read.

Bolton added that Arizona cannot reject state election forms without proof of citizenship, as long as the individual registers as a federal-only voter and is otherwise qualified to vote in the election.

In 2022, both House Bill 2492 and HB 2243 were approved by the Arizona Legislature, enhancing the criteria for voter citizenship and determining their eligibility and methods of participation in state elections.

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HB 2492 made it lawful to require proof of citizenship to participate in state elections, while HB 2243 required the quarterly reporting of the number of Arizona voters who did not list their citizenship status.

Bolton said the aimed goals of the laws to ensure fair voting processes addressed justified concerns while avoiding direct discriminatory practices.

In the lawsuit, the U.S. Department of Justice and advocacy groups, including Mi Familia Vota, Poder Latinx, Chicanos Por La Causa and Chicanos Por La Causa Action Fund, said the foundation of these laws was unconstitutional and a violation of civil rights.

“Arizona passed legislation in 2022 that violates the Civil Rights Act of 1964 and other federal safeguards,” said Gary Restaino, U.S. attorney for the District of Arizona.

The groups echoed satisfaction with the court's ruling on citizenship requirement not being needed for federal elections but said that the continued existence of HB 2492 and 2243 violated civil rights and the Constitution.

“As discouraging as it is when activist politicians attack voting rights, especially targeting Latino and other marginalized communities, it is especially encouraging when the courts ultimately support democracy and justice," said Joseph Garcia of Chicanos Por La Causa, in a news release.

The groups still condemned HB 2492, which was described as "a law that turns the clock back on progress" in a 2022 announcement of the original complaint.

“The Justice Department will continue its vigorous enforcement of the National Voter Registration Act and other federal laws to ensure that eligible voters are able to register and vote in federal elections vote," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.

“In an echo of the Jim Crow era, the ‘reason to believe’ law gave election officials license to discriminate against naturalized citizens by subjecting them to baseless citizenship checks and registration cancellation whenever they merely suspected a voter was not a U.S. citizen,” said Jon Sherman, of the Fair Elections Center, in a Friday news release.

“The court properly struck down some of the most problematic portions of the law,” said John A. Freedman, the group's senior pro bono legal counsel.

'The proponents of this measure should take this ruling to heart ― that when you attack voting rights in Arizona, we will exhaust all remedies available to ensure our people can vote securely, freely and safely," said Alejandra Gomez of Living United Change in Arizona.

Gomez added that the fight for voter rights was far from over.

"We knew from the start that HB 2492 was a bill that was discriminatory in nature and was an attempt to silence voters who have been historically disenfranchised," Gomez said.

This article originally appeared on Arizona Republic: Arizona voting laws requiring proof of citizenship upheld by judge