As issues of immigration come to the forefront in the upcoming presidential contest, an Arizona law regarding whether proof of citizenship is necessary to cast a ballot in federal elections is the subject of debate that now stretches to the highest court in the land.
The latest development in the legal wrangling over the statute has seen the GOP asking the U.S. Supreme Court to overturn a Ninth Circuit decision and permit the state of Arizona to enforce citizenship proof requirements -- likely contrary to the wishes of the Biden administration -- now that the November election is fast approaching, as Fox News reports.
An emergency appeal was filed last week with Justice Elena Kagan, who possesses jurisdiction over matters of this nature emanating from Arizona.
The filing came from the Republican National Committee as well as a group of Arizona GOP legislators hoping for a reinstatement of a law mandating the presentation of citizenship proof before a ballot can be cast in the presidential contest, whether via in-person voting or a mail-in process.
A federal judge halted enforcement of the 2022 law that faced challenges from the state Democratic Party and a group of civil rights organizations.
The Hill noted that in their application to Kagan, the Republicans seeking relief wrote, “The district court's injunction is an unprecedented abrogation of the Arizona Legislature's sovereign authority to determine the qualifications of voters and structure participation in its elections.”
As Fox News notes, Kagan can act on her own accord or enlist the input of her fellow justices in addressing the matter, and it is thought that she will likely ask for the swift submission of written briefs from those who stand in opposition to the law's provisions.
The Arizona Republic reported earlier this month that the Ninth Circuit's decision permitting registration for federal election voting even in the absence of citizenship proof was just the latest in a series of back-and-forth maneuvers in the ongoing controversy.
The ruling meant that individuals in Arizona were again allowed to utilize state-issued voter registration materials even if they did not produce evidence of citizenship.
Instead, registrants would simply be required to state under penalty of perjury that they are indeed U.S. citizens, something that would permit them to vote in federal contests.
The situation led Arizona Senate President Warren Petersen to pledge further legal action -- including the request for emergency stay filed with the Supreme Court -- stating that it was necessary “to make sure only American citizens are voting in our elections.”
In expressing is displeasure with the federal court, Petersen asserted that its decision on this issue is “another example of why the radical 9th Circuit is the most overturned circuit in the country.”
The Republican officials seeking assistance from the high court have requested that a ruling be issued no later than Aug. 22.
Such an expedited schedule is necessary, the GOP's representatives contend, so that the litigation may be definitively resolved in advance of the state's ballot printing deadline, but whether they will get their wish, only time will tell.
