Thursday, Jul. 18, 2024
Does Arizona require proof of citizenship for state elections but not federal elections?
Since 2004, Arizona has required proof of citizenship to vote in state and local elections, after voters approved a ballot proposition requiring residents to provide “satisfactory evidence of citizenship” when registering to vote. Federal voter registration, however, requires individuals to attest under penalty of perjury that they are U.S. citizens.
Voters who submit their federal voter registration form in Arizona without citizenship proof are only eligible to vote in federal elections.
In 2022, the Arizona legislature tried to make proof of citizenship mandatory for federal elections, but the law was struck down in court. In 2013, the U.S. Supreme Court ruled that Arizona couldn’t require this for federal elections because it conflicted with federal law.
An Arizona bill passed in 2022 made a second attempt, but it was also struck down, this time by the U.S. District Court of Arizona. State Republicans are appealing the ruling.
This fact brief is responsive to conversations such as this one.
Sources
- Democracy Docket Mi Familia Vota, et al. v. Adrian Fontes, in his official capacity as Arizona Secretary of State
- Democracy Docket RNC and Arizona Republicans Appeal Case Challenging Proof of Citizenship Laws
- AP News Noncitizen voting isn’t an issue in federal elections, regardless of conspiracy theories. Here’s why
- Heritage Foundation Voter Fraud Map: Election Fraud Database
- Arizona Secretary of State Proof of Citizenship Requirements
- Arizona Legislature House Bill 2492
- US Department of Justice United States V. State of Arizona Complaint
- US Department of Justice Court Finds That Arizona Voter Registration Provisions Violate Federal Law
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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by Gigafact contributor publications.
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