Ninth Circuit Rules That Arizona Can’t Require Voters Who Use the Federal Voter Registration Form to Provide Citizenship Documents

Posted on by February 25, 2025

On February 25, the Ninth Circuit ruled 2-1 that Arizona can’t require voters who use the federal Voter Registration form to attach copies of a birth certificate or a certificate of naturalization. Mi Familia Vota v Fontes, 24-3188.

Arizona acknowledged that voters who use the federal form don’t need such documents to vote for Congress, but said they can’t vote for President without such documents. Arizona argued that the U.S. Constitution lets Congress pass election laws that govern congressional elections, as Congress had done when it passed the National Voter Registration Act, setting up federal voter registration forms. But Arizona insisted that the U.S. Constitution doesn’t let Congress pass laws regulating presidential elections.

Arizona’s attitude is a sharp departure from almost 100 years of precedent from the U.S. Supreme Court that Congress can regulate presidential elections. As long ago as 1934, Congress upheld federal campaign finance laws affecting presidential elections. In 1970 the U.S. Supreme Court ruled in Oregon v Mitchell that Congress even had the authority to set the voting age at 18 for presidential and congressional elections.

The decision is by Judge Ronald Gould, a Clinton appointee. It is also signed by Judge Kim McLane Wardlaw, another Clinton appointee. The opinion is 79 pages. The dissent, by Trump appointee Patrick Bumatay, is 77 pages. There are other issues in the case also, all relating to voter registration.

Comments

Ninth Circuit Rules That Arizona Can’t Require Voters Who Use the Federal Voter Registration Form to Provide Citizenship Documents — 18 Comments

  10. Oregon v Mitchell 1970-

    SCOTUS SUBVERSION OF 1-2-1 AND 17 AMDT PARA 1 —

    STATE DEFINITION OF ELECTOR-VOTER IN USA ELECTIONS —

    SUBJECT T0 14-2 / 15 / 19 / 24 / 26 AMDTS

  15. “As long ago as 1934, Congress upheld federal campaign finance laws affecting presidential elections.”

    What federal campaign finance laws were in effect in 1934?

  16. I’m glad after suffering 4 years under Biden Harris we finally have a president who is not a tyrant.

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