Arizona has a long, sordid history of voter suppression, and it has only gotten worse Since Chief Justice John Roberts, who spent his legal career working to destroy the Voting Rights Act to make America safe for wealthy white Christian males who are Republicans, finally succeeded in gutting the Voting Rights Act with Shelby County v. Holder (2013). It signaled open season on voting rights by Republicans who had devised new and innovative ways in which to suppress voters they did want voting, i.e., GQP Jim Crow 2.0.
Arizona has been one of the most active states in suppressing voter rights over the past decade. Numerous lawsuits have been filed, some successful, some not.
On July 5, the Department of Justice filed the latest lawsuit against Arizona for its GQP Jim Crow 2.0 voter suppression. Justice Department Files Lawsuit Against the State of Arizona Over Restrictive Voter Registration Requirements:
The Justice Department announced today that it has filed a lawsuit against the State of Arizona challenging voting restrictions imposed by House Bill 2492 (2022), a recently-enacted law set to take effect in January 2023. The United States’ complaint challenges provisions of House Bill 2492 under Section 6 of the National Voter Registration Act of 1993 (NVRA) and Section 101 of the Civil Rights Act of 1964.
“House Bill 2492’s onerous documentary proof of citizenship requirement for certain federal elections constitutes a textbook violation of the National Voter Registration Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “For nearly three decades, the National Voter Registration Act has helped to move states in the right direction by eliminating unnecessary requirements that have historically made it harder for eligible voters to access the registration rolls. Arizona has passed a law that turns the clock back on progress by imposing unlawful and unnecessary requirements that would block eligible voters from the registration rolls for certain federal elections. The Justice Department will continue to use every available tool to protect all Americans’ right to vote and to ensure that their voices are heard.”
“The U.S. Attorney’s Office for the District of Arizona is dedicated to protecting voters in the state,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “We are proud to join the Civil Rights Division in bringing this lawsuit to ensure that all eligible citizens in Arizona have the opportunity to register to vote and exercise their fundamental right to participate in our elections.”
The United States’ complaint contends that House Bill 2492 violates the NVRA by requiring that applicants 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 using the uniform federal registration form created by the NVRA. This requirement flouts the 2013 U.S. Supreme Court decision in Arizona v. Inter Tribal Council of Ariz., Inc., 570 U.S. 1 (2013), which rejected an earlier attempt by Arizona to impose a similar documentary proof of citizenship mandate on applicants seeking to vote in federal elections. The United States’ complaint also contends that House Bill 2492 violates Section 101 of the Civil Rights Act by requiring election officials to reject voter registration forms based on errors or omissions that are not material to establishing a voter’s eligibility to cast a ballot.
The United States’ complaint asks the court to prohibit Arizona from enforcing the provisions of House Bill 2492 that violate the NVRA and the Civil Rights Act.
More information about the Voting Rights Act and other federal voting laws is available on the Department of Justice’s website at https://www.justice.gov/crt/voting-section. Complaints about discriminatory voting practices may be reported to the Civil Rights Division through the internet reporting portal at https://civilrights.justice.gov or by telephone at 1-800-253-3931.
Last week, the Department of Justice sued the state of Arizona again, this time for purging voters from the Permanent Early Voter List (PEVL). Voting Rights Groups Sue Arizona Over New Voter Suppression Law:
On Monday, Aug. 15, a lawsuit was filed by voting rights organizations challenging Arizona’s new voter suppression law, Senate Bill 1260. The law, signed by Gov. Doug Ducey (R) in June and slated to take effect in late September, requires county recorders to cancel a voter’s registration if they receive confirmation that the voter is registered to vote in another Arizona county (“cancellation provision”), creates a process to remove voters from the state’s permanent vote-by-mail list if the voter is registered in another county (“removal provision”) and makes it a felony to forward a mail-in ballot to a voter who may be registered in another state (“felony provision”). The lawsuit filed today by the Arizona Alliance for Retired Americans, Voto Latino and Priorities USA challenges these provisions of S.B. 1260 for imposing “severe restrictions” on Arizonans and burdening their right to vote.
Through its cancellation and removal provisions, S.B. 1260 creates a process for county recorders to cancel registrations of voters and remove them from the vote-by-mail list if the recorder believes the voter has moved — even though the recorders are not obligated to notify voters that their registration is at risk or ask voters to confirm that they have moved. The plaintiffs also highlight the fact that these provisions open the door for third parties [vigilantes] to provide “credible” information someone has moved in support of canceling their registration. Finally, S.B. 1260’s felony provision criminalizes forwarding mail-in ballots to those registered in another state, even if the voter is properly registered and only intends to vote in Arizona, allegedly making it more difficult for eligible Arizonans to cast their ballots. The lawsuit argues that these provisions should be permanently blocked because, in total, they violate the First Amendment’s rights to free speech and association and the First and 14th Amendments’ protections against undue burdens on the right to vote
Learn more about the case here.
And now Howard Fischer reports, Lawsuit challenges new law that cancels voter registration of suspected non-citizens:
A new law that would require county recorders to cancel the voter registration of anyone they have a reason to believe is not a U.S. citizen will be challenged in court.
Attorneys for Arizona Asian American Native Hawaiian and Pacific Islander for Equity Coalition say the provision will result in arbitrary investigations of citizens using databases that are not designed to determine voting eligibility.
Under the new law, anyone who does not provide evidence of citizenship within 35 days is referred to the county attorney and attorney general for investigation.
A lawyer representing the group says the 35-day window was chosen for political reasons to take effect before the November election.
Gov. Doug Ducey vetoed a similar bill earlier this year that would have allowed 90 days for people to respond, saying it was too vague [he meant too late.]
Another @DougDucey-signed election law being challenged in federal court, this one over voter roll purges. https://t.co/EndYYIPKoM
— Capitol Media Services 📢 Telling it like it is (@azcapmedia) August 22, 2022
The Brennan Center For Justice recently published an analysis, Arizona Is the Epicenter of the Fight for Voting Rights Today.
The analysis expessed optimism that “This fall, Arizona voters will likely have a chance to approve a ballot initiative to expand voting access and protect against election sabotage.” They spoke too soon.
The Maricopa County Superior Court sided with the enemies of democracy, possibly knocking the Arizona Fair Elections Act initiative off he ballot. Ruling May Block The Arizona Fair Elections Act Initiative From The Ballot – Appeals To Follow. The Ducey-packed Arizona Supreme Court is not favorable to citizens intiatives, so it likely will not fair any better on appeal.
You can put an end to this assault on your right to vote in fair and free elections by voting every Republican out of office. They are the enemies of democracy.
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