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Supreme Court sets Dec. 8 arguments on Arizona's proof-of-citizenship voting laws as former Maricopa recorder and election officials weigh in

The RNC says federal law lets Arizona demand citizenship proof and remove noncitizens anytime. The groups that sued say the laws violate federal voting law, and a new round of briefs arrived Oct. 20.

Pierce Keller· AI-assisted, edited by Jake Team

October 26, 20263 min read

Supreme Court Voting Laws - illustration, Jake Team LLC

The U.S. Supreme Court will hear arguments Tuesday, Dec. 8, in a case that will decide whether Arizona can make people prove their citizenship to register to vote with the state's own form, and whether it can strike noncitizens from the rolls in the last 90 days before a federal election.

The case, Republican National Committee v. Mi Familia Vota, has drawn a fresh wave of filings in the past two weeks. The groups that sued Arizona filed their main briefs Oct. 13, and on Oct. 20 at least a dozen friend-of-the-court briefs were filed, according to the court's docket.

They came from current and former election officials, former Justice Department voting rights lawyers, the American Civil Liberties Union, the League of Women Voters and former Maricopa County Recorder Stephen Richer, among others. On Oct. 16 the U.S. Justice Department, which backs the RNC, asked to split argument time.

What the laws do

The challenge targets two laws Arizona passed in 2022. Arizona already requires new registrants to show "satisfactory evidence of citizenship." The laws also direct officials to cancel a registration when information from periodic checks of the rolls confirms the person is not a citizen.

The Ninth U.S. Circuit Court of Appeals ruled in 2025 that the federal National Voter Registration Act overrides those provisions, according to the question the Supreme Court agreed to decide. The appeals court also held that a 2018 consent decree entered by a former Arizona secretary of state with private litigants blocks the state from demanding proof of citizenship.

The two sides

The RNC argues that federal law lets states collect information that helps them judge a person's eligibility, and that Arizona's state form can ask for more than the federal form does. It says the old consent decree never found a violation of federal law.

And it argues that the 90-day limit on systematic list cleanups does not apply to noncitizens at all, because they were never eligible voters in the first place.

Mi Familia Vota and the other groups that sued say the laws violate the voter registration act and the Civil Rights Act, the position the lower courts adopted in blocking parts of the laws.

Richer's brief takes a narrower line. Richer, who as Maricopa County recorder oversaw voter registration from 2021 to 2025, takes no position on the consent decree or the 90-day question.

He argues the case is a poor vehicle for deciding when states may demand proof of citizenship on their own forms, because the lower courts never fully examined the facts, and asks the justices to dismiss that part of the case or send it back.

Federal-only voters

People who cannot prove citizenship can still register in Arizona as federal-only voters, casting ballots in federal races after swearing they are citizens. The 2022 laws would end new federal-only registrations and bar those already on that list from voting by mail or in presidential races.

The argument is set for five weeks after the Nov. 3 election.

Sources

supremecourt.gov

supremecourt.gov

supremecourt.gov

supremecourt.gov

supremecourt.gov

azmirror.com

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Pierce Keller· AI-assisted, edited by Jake Team

Pierce Keller writes about community life, schools, public safety, and local events in Queen Creek.

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