The Republican National Committee (RNC) asked the Supreme Court to take emergency action to revive an Arizona law requiring voter registration applicants show proof of citizenship when using a state form.
The request, docketed Friday, also asks to reinstate Arizona’s prohibition voting in presidential elections or by mail if someone has not met the proof-of-citizenship requirement, regardless of whether they used the state or federal form.
The RNC’s application seeks to implement the law for November’s election, when Arizona is expected to be a critical swing state in the race between former President Trump and Vice President Harris.
Currently, Arizona's provisions are on hold under rulings issued by lower courts.
“The district court’s injunction is an unprecedented abrogation of the Arizona Legislature’s sovereign authority to determine the qualifications of voters and structure participation in its elections,” the RNC, joined by state lawmakers, wrote to the justices.
By default, their application was sent to Justice Elena Kagan, a member of the court’s liberal wing who handles emergency appeals arising from the 9th U.S. Circuit Court of Appeals. She could act on the request alone or refer it to the full court for a vote.
The motion draws attention to Republicans' emphasis on voter integrity efforts, though a Brennan Center study of 23.5 million tabulated votes in the 2016 election found only 30 suspected cases of noncitizen voting.
The case follows a 2013 Supreme Court ruling that federal voting laws preempted Arizona from requiring citizenship proof for voter registrants applying using a federal form.
Two years ago, Arizona among other reforms began mandating officials reject state-level voter registration forms if the person did not provide citizenship proof.
At issue is whether that requirement violates a 2018 consent decree the state signed with the League of United Latin American Citizens (LULAC), the oldest and largest Latino civil rights group in the country.
It provides that applicants who submit state forms without citizenship proof will still be fully registered citizenship can be confirmed with information on file with the state’s transportation department.
The RNC also wants to revive Arizona’s requirement that voters must have provided proof to vote in presidential elections or by mail. A lower court found it, too, was preempted by federal law.
The application further cites the Purcell principle, referring to the courts’ practice of not blocking election rules too close to an election, saying the lower courts went too far.
“The Arizona Legislature enacted the relevant statutes more than two years ago. But the Ninth Circuit order stopped state officials from enforcing the law. Since the Ninth Circuit erroneously enjoined a valid state election statute, this Court “should correct that error,” the application reads.
The RNC and state lawmakers asked for a ruling by Aug. 22, saying that was the deadline to resolve the litigation before ballots are printed.
