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Justice Dept. Sues Arizona Over Voting Restrictions


The Justice Department sued Arizona on Tuesday over a brand new state legislation requiring proof of citizenship to vote in a presidential election, saying the Republican-imposed restrictions are a “textbook violation” of federal legislation.

It is the third time the division beneath Attorney General Merrick B. Garland has challenged a state’s voting legislation and comes as Democratic leaders and voting rights teams have pressed Mr. Garland to behave extra decisively in opposition to measures that restrict entry to the poll.

Arizona’s legislation, which Gov. Doug Ducey, a Republican, signed in March, requires voters to show their citizenship to vote in a presidential election, like displaying a beginning certificates or passport. It additionally mandates that newly registered voters present a proof of deal with, which may disproportionately have an effect on folks with restricted entry to government-issued identification playing cards. Those embrace immigrants, college students, older folks, low-income voters and Native Americans.

“Arizona has passed a law that turns the clock back by imposing unlawful and unnecessary requirements that would block eligible voters from the registration rolls for certain federal elections,” Kristen Clarke, the assistant legal professional normal of the Justice Department’s civil rights division, instructed reporters on Tuesday.

Ms. Clarke stated that by imposing what she described as “onerous” requisites, the legislation “constitutes a textbook violation” of the National Voter Registration Act, which makes it simpler to register to vote. The division stated the legislation additionally ran afoul of the Civil Rights Act of 1964 in asking election officers to reject voter registration types primarily based on errors or omissions that aren’t related to a voter’s eligibility.

As of March, 31,500 “federal only” voters could possibly be prevented from voting within the subsequent presidential election beneath the brand new necessities if state officers are unable to trace down their info in time to validate their ballots.

Some voting rights teams contend that the variety of affected voters could possibly be even larger. But even a number of thousand fewer votes could possibly be decisive in Arizona, probably the most intently contested battleground states: In 2020, Joseph R. Biden Jr. defeated President Donald J. Trump in Arizona by about 10,000 votes.

A spokesperson for Mr. Ducey didn’t instantly reply to requests for remark. When he signed the invoice in March, Mr. Ducey stated the legislation, anticipated to take impact in January, was “a balanced approach that honors Arizona’s history of making voting accessible without sacrificing security in our elections.”

Arizona has been on the middle of a few of the most contentious battles over the 2020 election. Six months after the election, its Republican-led Senate authorized an outside review of the election in Maricopa County, an irregular step that rapidly devolved right into a hotbed for conspiracy theorists. The state has additionally handed a number of legal guidelines that impose new restrictions to voting.

Even earlier than the Republican-controlled Legislature handed the measure, present state legislation required all voters to supply proof of citizenship to vote in state elections. Federal voting registration types nonetheless required voters to attest that they had been residents, however to not present documentary proof.

In 2013, the Supreme Court upheld that law however added that Arizona should settle for the federal voter registration kind for federal elections. That primarily created a bifurcated system in Arizona that will require documented proof of citizenship to vote in state elections however enable these merely registering with the federal voter registration kind the power to vote in federal elections.

The new legislation may threaten the registrations of these voters, stopping tens of 1000’s of them from casting a poll in presidential elections, voting rights teams contend.

“There’s certainly going to be some people in Arizona that are not going to be able to vote under the proof-of-citizenship requirement,” stated Jon Greenbaum, the chief counsel for the nonpartisan Lawyers’ Committee for Civil Rights Under Law and a former Justice Department lawyer.

While the brand new legislation would have sprawling penalties for a lot of teams, native election officers have famous that delivering documentary proof of citizenship could be particularly exhausting amongst Native American populations, which had been key to helping flip Arizona to Mr. Biden in 2020.

“You may have folks who were born on reservations who may not have birth certificates, and therefore may find it very difficult to prove citizenship on paper somehow,” stated Adrian Fontes, the previous election administrator for Maricopa County and a present Democratic candidate for secretary of state. “Things of this nature have always been of great concern for election administrators in Arizona.”

In June 2021, the division sued Georgia over its sweeping new voting legislation that overhauled the state’s election administration and launched a number of restrictions to voting within the state, particularly voting by mail. In November, the division sued Texas over a provision limiting the help out there to voters on the polls.

Marc Elias, a Democratic elections lawyer who represented a gaggle that filed a go well with in opposition to Arizona earlier this 12 months, stated he was relieved to see the division comply with by means of on Mr. Biden’s pledge final 12 months to counter a risk from Republican-sponsored state legal guidelines he referred to as the “most significant test to democracy” for the reason that Civil War.

“Adding the voice and authority of the United States is incredibly helpful to the fight for voting rights,” Mr. Elias stated in an interview.



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