The Biden-Harris DOJ made a move on Friday, urging the U.S. Supreme Court to reject Republicans’ efforts to enforce Arizona’s law that requires proof of U.S. citizenship for registering and voting in elections. U.S. Solicitor General Elizabeth Prelogar, speaking for the administration, argued that the court should let a lower court ruling stand, which blocked key parts of the law from being implemented in the upcoming November election.
The law in question, passed in 2022, was designed to ensure that residents show documentary proof of citizenship (DPOC) when registering with state voter forms. It also required that proof be shown for mail-in ballots and presidential voting. However, Arizona has a workaround that allows individuals who don’t provide such proof to still vote in federal elections as “federal-only voters.”
In response to the 9th Circuit Court’s decision to block the law, the Republican National Committee and Arizona’s GOP leaders filed an emergency application with the Supreme Court on August 8. They sought to overturn the lower court’s decision and enforce the DPOC requirements for the 2024 election. Nearly half of the state attorneys general in the country and various conservative groups have backed this appeal.
In her Friday filing, Prelogar contended that enforcing the law now would disrupt the orderly conduct of the election, potentially leading to the disenfranchisement of thousands of voters already registered without the DPOC. The Biden-Harris administration had previously joined other left-wing groups in suing Arizona over this law shortly after it was passed.
This argument echoes the stance of Arizona Attorney General Kris Mayes, who, in her opposition to the emergency application, claimed that the law’s enforcement at this late stage would be destabilizing. Arizona Secretary of State Adrian Fontes also filed a motion asking SCOTUS to reject the emergency request. The decision now rests with Justice Elena Kagan, who handles emergency applications from the western states. She has the option to decide on the application herself or bring it before the full court for a vote, requiring at least five justices to approve a stay.
