In a stunning reversal from its July 18 ruling, in which the 9th Circuit Court of Appeals held that anyone who registers to vote in the state of Arizona must provide proof of citizenship to vote in all elections, the court ruled Thursday by a 2-1 vote that such proof is not required.
Background:
BREAKING NEWS: Ninth Circuit announces decision on citizenship and voter registration in Arizona
The reasoning of the three-judge panel, who were in the majority, was that the change so close to the November election would cause “confusion and chaos”:
In its decision, adopted by a 2-1 vote on Thursday, the court overturned a decision last month by a “petition panel” that had blocked certain voter registrations. That panel “failed to recognize the extent of the confusion and chaos that would result from a late change to the status quo of Arizona’s election rules,” wrote Justices Kim McLane Wardlaw and Ronald Gould.
In his dissenting opinion, Justice Patrick Bumatay argued:[ed] the former panel was right. State legislation could not be bound by an agreement between a former foreign minister and the federal government without raising ‘earnest concerns about the separation of powers,’ he wrote.”
This wording of the “deal” may require some explanation for anyone outside the Copper State: Arizona currently has a two-track registration system; those who can show the required proof of citizenship are allowed to vote in any election. But those who cannot prove their citizenship receive “federal only” ballots — meaning they are only allowed to vote for federal offices such as congressional and presidential elections.
In response to the ruling, the Republican leader of the state Senate announced that he would seek a stay from the U.S. Supreme Court:
Senate President Warren Petersen announced that he would seek an extraordinary stay from the U.S. Supreme Court “to ensure that only American citizens vote in our elections.”
At the time of writing this article, the “[a]Representatives of civil rights groups that fought against the law did not respond to requests for comment,” the Arizona Republic reported.
That’s what the situation looks like in November, unless the Supreme Court intervenes. Aaron Thacker, communications director for the Arizona Department of State, said:
Election officials may not reject voter registration applications submitted without a DPOC, regardless of the form used. DPOC is short for “documentary proof of citizenship.”
This is a developing story. RedState will provide you with further updates as they become available.
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