Free and fair elections rely on every voter having the ability to access the ballot box.
A federal judge in Arizona just reaffirmed that principle, striking down provisions of two Arizona laws, H.B. 2492 and H.B. 2243, passed in 2022 that severely restricted the ability of Arizonans — particularly Latino and Native Arizonans — from exercising their freedom to vote.
Specifically, the judge struck down a discriminatory provision that denied the freedom to vote to Arizonans who did not list their birthplace on the state registration form and another that required county officials to investigate naturalized Arizonans’ citizenship status without good cause.
However, the judge did leave other investigation provisions and a proof of citizenship requirement (a requirement that voters show proof of citizenship when registering to vote) for state and local elections on the books.
The judge’s decision, following a two-week trial in November 2023, comes after the District Court struck down other provisions of H.B. 2492 and H.B. 2243 last September.
That order prevented Arizona from rejecting voter registration forms submitted without documentary proof of citizenship, which burdens voters without easy access to such documents including students and voters of color, and struck down another provision that required applicants provide documentary proof of their residence when registering to vote, which discriminates against Native citizens who often lack traditional street addresses.
Additionally, that September decision also prevented unlawfully purging voters from the registration rolls within 90 days of an election and rejecting registration forms that do not have the citizenship box ‘checked’. The ruling also affirmed that tribal ID is appropriate proof of residency, and now, in some circumstances, voters can provide a written affidavit attesting residence.
Taken together, this most recent ruling combined with September’s order represents a significant step in the fight against Arizona’s discriminatory anti-voter laws — but the work does not stop here.
Campaign Legal Center will continue to fight alongside our partners in Arizona to ensure that voting is accessible to every citizen, no matter where they live, how much money they make, or their race.