On July 5, ABC News reported that the Justice Department is suing the State of Arizona over a recently passed state law that requires voters to present proof of citizenship in order to vote in presidential elections.
The article reports:
The Justice Department has filed suit against Arizona challenging its recently enacted voting law that requires proof of citizenship in order to vote in presidential elections.
The lawsuit contends that certain restrictions in Arizona’s House Bill 2492 directly violate Section 6 of the National Voter Registration Act and Section 101 of the Civil Rights Act.
The Supreme Court previously rejected an effort by Arizona in 2013 to require its residents to provide proof of citizenship in order to participate in federal elections, though after President Joe Biden’s victory against Donald Trump in 2020 the state quickly sought to implement a similar mandate in passing House Bill 2492.
Gov. Doug Ducey signed the bill into law on March 30.
The article concludes:
In a press release, the Justice Department notes the new law with violate 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.”
Arizona is one of the states where Trump has falsely contended he won in 2020. Biden defeated Trump by about 10,000 votes. A GOP-led review of the vote tally in Maricopa County, the state’s largest, reaffirmed Biden’s victory, and even increased his lead by a slight amount.
Actually, the review of the vote tally simply recounted what was already counted. The chain-of-custody for the ballots was not available and there were some serious questions about deletions made during updates on the computers and information not retained on the computers involved that was legally required to be retained. Nothing discovered in the investigation into Arizona’s 2020 election indicates that everything was above board.
Why would the Justice Department be fighting a law that required proof of citizenship to vote in a presidential election?
According to the U.S. Constitution (article here):
Amendment 15 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Amendment 19 The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Amendment 24 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
(For a history of why the 24th Amendment only applies to federal elections, see here).
Amendment 26 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Note that all of the above applies to citizens. It has always been understood that non-citizens did not have the right to vote in federal elections.