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FACT BRIEF

Is the Biden Administration challenging an Arizona law that requires voters to provide proof of citizenship?

By Jordan Gerard
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YES

In July 2022, the U.S. Department of Justice announced it had filed a lawsuit challenging Arizona House Bill 2492 on the grounds that requiring prospective voters to “produce documentary proof of citizenship before they can vote in presidential elections or vote by mail in any federal election when they register to vote” goes beyond what is required by the National Voter Registration Act.

HB 2492 would affect an estimated 31,000 Arizonans who are federal-only voters, despite a 2013 U.S. Supreme Court ruling that Arizona could not require voters using the federal voter registration form to provide proof of citizenship, according to Arizona Mirror.

Arizona is currently the only state with such a law on the books after a federal appeals court ruled in 2020 that Kansas could not require voters to show physical proof of citizenship when they register.

This fact brief is responsive to conversations such as this one.
Sources
US Department of Justice Justice Department Files Lawsuit Against the State of Arizona Over Restrictive Voter Registration Requirements
Arizona Mirror U.S. sues Arizona over proof of citizenship voting law
AP News Court: Kansas can’t require voters to show citizenship proof
ABOUT THE CONTRIBUTOR
Arizona Center for Investigative Reporting
The Arizona Center for Investigative Reporting is the state’s only independent, nonpartisan and collaborative nonprofit newsroom dedicated to statewide, data-driven investigative reporting. AZCIR's mission is to hold powerful people and institutions accountable by exposing injustice and systemic inequities through investigative journalism.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.