Ninth Circuit Upholds Voting Rights Victory in Arizona
In a significant ruling issued this morning, the Ninth Circuit Court of Appeals affirmed a lower court decision striking down key provisions of two restrictive voting laws in Arizona, H.B. 2492 and H.B. 2243. The Ninth Circuit largely affirmed the district court's earlier ruling that found several provisions of these laws violated federal voting rights protections including the Civil Rights Act and the National Voter Registration Act.
Elias Law Group attorneys representing Mi Familia Vota and Voto Latino first challenged these laws in 2022.
“This is a monumental victory for Arizona voters, and for our democracy more broadly," said Elias Law Group Litigation Chair Elisabeth Frost. "We are thrilled that the Ninth Circuit correctly recognized that these laws created unfair and illegal barriers to voting that would have disenfranchised eligible Arizonans. As we continue to see efforts across the country to make it harder for lawful voters to vote—often based on false claims of noncitizen voting—today’s ruling demonstrates the importance of fighting back against voter suppression in court.”
In today’s ruling, the Court of Appeals agreed with the trial court’s decision to block several restrictive provisions. First, the Court blocked a controversial provision requiring voters to provide documentary proof of citizenship to vote by mail or in presidential elections. The Court also blocked a provision allowing county recorders to investigate and potentially disenfranchise voters they suspect aren’t citizens. Lastly, the Court blocked a provision that forced voters to disclose their birthplace on registration forms and ordered the lower court to reconsider whether these laws were intentionally discriminatory.
The Ninth Circuit also agreed with the district court’s finding that there was absolutely no evidence of noncitizen voting in Arizona despite concerns raised after the 2020 election, writing that “the allegation that persons who were not citizens swayed the election results was apparently fanciful.”
Click here to read the full opinion.
Elias Law Group attorneys Elisabeth Frost, Chris Dodge, and Alison Ge represented Mi Familia Vota and Voto Latino in this matter.
###