In a 7-2 decision, the U.S. Supreme Court struck down an Arizona law that required people to prove their U.S. citizenship when registering to vote in federal elections. The Court held that the state’s law is preempted by federal law.
The National Voter Registration Act (NVRA) requires states to accept and use a uniform federal form for registering voters for federal elections. The form, developed by the Election Assistance Commission (EAC), requires applicants to affirm, under penalty of perjury, that they are U.S. citizens, but does not require them to prove their citizenship. In 2004, Arizona passed a ballot proposition that contained a proof of citizenship requirement.
In striking down the state law, the Court noted that the U.S. Constitution’s Elections Clause allows Congress to preempt state laws concerning the times, places, and manner of holding federal elections and that NVRA’s requirement to accept the federal form is protected by the Elections Clause. The Court further noted that federal law allows states to seek (1) permission from the EAC to add state-specific requirements to the form and (2) file a lawsuit under the Administrative Procedure Act (APA) if the EAC denies permission. Although Arizona sought but failed to receive permission for its additional requirements from the EAC, the Court stated that Arizona was not prohibited from seeking permission again or filing a lawsuit under the APA.
