President Trump’s Department of Justice (DOJ) has filed a brief supporting Arizona’s law that requires proof of citizenship to vote. This action follows the Ninth Circuit Court’s decision to invalidate the state law, which was aimed at strengthening citizenship verification for voters.
Senate President Warren Petersen, who has been involved in the legal defense of the law, expressed gratitude for the DOJ’s support. “We are thankful to again have a White House and Department of Justice committed to the rule of law and fair elections,” Petersen said. “The DOJ’s brief is appreciated in our fight to uphold a commonsense law and the will of the people. Given the clear precedent handed down from the U.S. Supreme Court, we are confident we will ultimately prevail. With the continued absence of our governor and attorney general, thankfully, the Arizona Legislature is again picking up the slack and is returning to our nation’s high court to defend election integrity.”
The legal case, Mi Familia Vota v. Warren Petersen, began after activists challenged two laws passed by Arizona’s Republican-led Legislature in 2022. These laws restrict voting by individuals who do not provide documentation confirming their citizenship status. The DOJ argued that “Arizona’s birthplace requirement does not violate the Materiality Provision because it is generally important that an election official would consider important to the process of determining an applicant’s eligibility to vote.”
In August, a panel from the Ninth Circuit vacated an emergency stay, allowing individuals in Arizona to register for federal elections without proof of citizenship. Federal law currently does not require such documentation for federal elections. After Petersen applied for an emergency stay at the Supreme Court, the court affirmed Arizona’s right to reject state registrations lacking proof of citizenship until the Ninth Circuit issued its latest ruling.
Judge Nelson and ten other judges dissented from this recent opinion, stating: “Republican government serves as the keystone of the Constitution. In such a government a majority of citizens who lawfully vote determines who represents us in the White House, Congress, and state legislatures. Courts must therefore defend the franchise – both by protecting the right of all citizens to vote, and by ensuring non-citizens do not vote. Arizona passed laws to protect the franchise… Sadly, the panel majority opinion undermines republican government, shreds federalism and the separation of powers, and imperils free and fair elections.”
The next step in this case is for it to be considered by the U.S. Supreme Court.
Petersen was elected in 2023 as a Republican representing Arizona’s 14th Senate District, succeeding David Gowan.
