Civil and Human Rights

Supreme Court Voter Registration Case: Justices Weigh Proof Of Citizenship In Arizona

By Ryan J. Reilly

 

WASHINGTON — The Supreme Court on Monday weighed whether the state of Arizona should be allowed to create additional hurdles to voting that go beyond federal requirements.

 

Under the federal “Motor Voter” registration law, states are required to accept a voter registration form that asks individuals to state, under penalty of perjury, that they are a citizen. Arizona wanted to require individuals to go one step further and provide proof of citizenship.

 

Voting rights groups and the federal government say that allowing Arizona to impose additional requirements on top of the federal form would essentially defeat the purpose of the Motor Voter law, which was designed to streamline the voter registration process.

 

Justice Anthony Kennedy seemed to advocate for both sides of the case, known as Arizona v. The Inter Tribal Council of Arizona, Inc. Kennedy argued that the federal form “is not worth very much” if Arizona could simply impose additional requirements on top of it, but later said that states had a “vital interest” in federal elections.

 

Arizona Attorney General Tom Horne argued that allowing would-be voters to simply state under oath that they are citizens amounted to “essentially an honor system,” and said Arizona should be able to enforce its own eligibility requirements.

 

Justice Antonin Scalia appeared to agree, arguing that the penalty of perjury wasn’t enough to prevent ineligible voters from registering.

 

“So it’s under oath, big deal,” Scalia said. “I suppose if you’re willing to violate the voting laws you’re willing to violate the perjury laws.”

 

Regardless, voting rights advocates were cautiously optimistic after oral arguments concluded.

 

“A majority of the Court, including Justice Kennedy, appeared to recognize that the entire point of having a single Federal form was to streamline the voter registration process, and that approving Arizona’s law would pave the way for a patchwork of 50 state forms,” Doug Kendall, president of the Constitutional Accountability Center, said in a statement. “We are optimistic that that recognition will lead the Court to strike down Arizona’s law and respect Congress’ power to protect the right to vote in Federal elections.”

 

“Congress passed the National Voter Registration Act to encourage more people to vote in federal elections, but Arizona’s law has precisely the opposite effect,” said Laughlin McDonald, director of the ACLU Voting Rights Project. “The lower court correctly held that Arizona’s law was inconsistent with federal law, and we’re hopeful that the Supreme Court will agree. States should not be erecting obstacles that restrict our democracy’s electorate, but follow laws that ensure voter registration is accessible to all eligible American voters.”

More from Civil and Human Rights

Civil and Human Rights
December 5, 2025

Supreme Court Lets Stand a Two-Tiered System of Justice That Deprives Military Families of the Same Rights Afforded to Civilians

The Rutherford Institute
WASHINGTON, DC — In a ruling that leaves thousands of military servicemembers and their families...
Civil and Human Rights
November 20, 2025

Supreme Court Could Redefine the Limits of State Power

Newsweek
As the Supreme Court considers Chiles v. Salazar, a case examining Colorado’s 2019 ban on gay conversion therapy...
Civil and Human Rights
U.S. Supreme Court

Little v. Hecox and West Virginia v. B.P.J.

In Little v. Hecox and West Virginia v. B.P.J., the Supreme Court is considering whether laws in Idaho and West Virginia that prohibit all transgender women and girls from joining women’s and girls’ sports teams—across...
Civil and Human Rights
November 9, 2025

Supreme Court to hear case on religious rights in prison

Deseret News
Oral arguments on Monday in Landor v. Louisiana will focus on religious liberties while incarcerated.
Civil and Human Rights
November 10, 2025

CAC Release: In Landor Case, Question of Whether Person in Prison Who Suffered Undisputed Religious Liberty Violation Has Any Meaningful Remedy Hangs in the Balance

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Landor v....
Civil and Human Rights
October 7, 2025

Supreme Court Appears Poised to Strike Down Ban on Anti-LGBTQ ‘Conversion Therapy’

The New Civil Rights Movement
The U.S. Supreme Court appears poised to strike down a Colorado ban on so-called conversion...