Arizona’s new voting laws that require proof of citizenship are not discriminatory, judge rules

PHOENIX — A federal judge is upholding provisions of new Arizona laws that would require counties to verify the status of registered voters who haven’t provided proof of U.S. citizenship and cross-check voter registration information with various government databases.

In a ruling Thursday, U.S. District Judge Susan Bolton concluded Arizona legislators did not discriminate when they adopted the laws and the state does have an interest in preventing voter fraud and limiting voting to those individuals eligible to vote.

“Considering the evidence as a whole, the court concludes that Arizona’s interests in preventing non-citizens from voting and promoting public confidence in Arizona’s elections outweighs the limited burden voters might encounter when required to provide (documentary proof of citizenship),” she wrote.

However, Bolton said the requirement for individuals using a state registration form to include their state or country of birth violates a provision of the Civil Rights Act and a section of the National Voter Registration Act. Doing so, she explained, would result in the investigation of only naturalized citizens based on county recorders’ subjective beliefs that a naturalized individual is a non-citizen.

The lengthy ruling summarizes testimony from a bench trial in late 2023 at which experts testified about Arizona’s history of voting discrimination. That included literacy tests effectively precluding Native American and Latino voters from participating and voter roll purges in the 1970s and 80s that created barriers for minorities to re-register to vote.

That was the past, the judge wrote, noting there was no evidence presented by the plaintiffs reflecting an intent by lawmakers to suppress voter registrations