Judge's Gavel Court

Court Finds Arizona Birthplace Voter Law Violates Civil Rights Act Of 1964

Judge's Gavel Court
Judge’s Gavel. TFP File Photo

The United States District Court for the District of Arizona overturned an Arizona law that required individuals seeking to register to vote to list their birthplace.

The court ruled Friday that House Bill 2492’s birthplace requirement violated a federal law that prohibits election officials from rejecting voting materials for errors or omissions that are not relevant to determining a registrant’s eligibility to vote.

The court previously ruled that Arizona may not require documentary proof of citizenship to vote in a federal election.

Read: Judge Rules New Arizona Voting Law, Requiring Proof Of Citizenship, Is Not Discriminatory

“This ruling provides a cautionary note that should discourage officials from considering imposition of restrictive or burdensome proof of citizenship demands or requests for unnecessary information from voters before registering them to vote in federal elections,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue its vigorous enforcement of the National Voter Registration Act (NVRA) and other federal laws to ensure that eligible voters are able to register and vote in federal elections vote.”

“Arizona passed legislation in 2022 that violates the Civil Rights Act of 1964 and other federal safeguards,” said U.S. Attorney Gary Restaino for the District of Arizona. “The District Court’s order helps level the playing field and it removes formidable barriers to Arizonans’ exercise of their right to vote. We appreciate the advocacy work of so many non-profit organizations and the Civil Rights Division in seeking a fairer and more just America.”

The ruling follows a bench trial late last year in a series of consolidated cases challenging various aspects of Arizona’s voting laws.

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The Justice Department filed a lawsuit in July 2022 challenging voting restrictions imposed by House Bill 2492 (2022), alleging violations of Section 6 of the NVRA and Section 101 of the Civil Rights Act of 1964.

The United States’ complaint alleged that House Bill 2492 violates the NVRA by requiring applicants to produce documentary proof of citizenship before voting in presidential elections or by mail in any federal election when registering to vote using the NVRA’s uniform federal registration form.

This requirement contradicts the 2013 U.S. Supreme Court decision in Arizona v. Inter Tribal Council of Ariz., Inc., which rejected Arizona’s previous attempt to impose a similar documentary proof of citizenship requirement on applicants seeking to vote in federal elections.

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The United States also claimed that House Bill 2492 violates Section 101 of the Civil Rights Act by requiring election officials to reject voter registration forms if they contain errors or omissions that are not relevant to determining a voter’s eligibility to vote. Several private plaintiffs filed related cases, and yesterday’s decision addresses additional claims raised by those parties.

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