Ninth Circuit reinstates Arizona voting registration and mail-in voting laws – JURIST

The US Court of Appeals for the Ninth Circuit on Friday vacated a preliminary injunction that had blocked key provisions of Arizona’s contentious Senate Bill 1260, resulting in the reinstatement of Arizona’s 2022 voter registration and mail-in voting laws which were intended to increase election security.

The ruling reinstates two critical elements of the legislation: the “cancellation provision,” which allows counties to cancel a voter’s registration upon confirmation that the individual is registered in another county, and the “felony provision,” which criminalizes the act of providing voting mechanisms to individuals registered in other states.

The panel determined that the plaintiffs—three nonprofit groups challenging the law—lacked the necessary standing to contest the cancellation provision. The court cited FDA v. Alliance for Hippocratic Medicine, stating that the plaintiffs failed to demonstrate how their core activities were directly harmed by the law, merely claiming a frustrated mission and diverted resources.

On the other hand, the court found that the plaintiffs had standing to challenge the felony provision, though it ultimately upheld the provision as unconstitutional. The judges clarified that the phrase “mechanism for voting” refers exclusively to unlawful voting activities and does not encompass voter outreach or registration efforts.

Judge Lee concurred, suggesting that even if the plaintiffs had standing regarding the cancellation provision, they would not prevail based on claims of pre-emption by the National Voter Registration Act (NVRA). In dissent, Judge Nguyen contended that the majority’s interpretation mischaracterized organizational standing and expressed concern that the cancellation provision likely conflicts with the NVRA.

This ruling marks a pivotal moment in Arizona’s ongoing debates over voting rights and election integrity. A previous federal ruling in September 2022 had temporarily blocked the law, highlighting concerns that it might violate federal law and the US Constitution. With this decision, both the cancellation and felony provisions are reinstated, though litigation will continue in district court.

In a related decision in August, the US Supreme Court allowed the enforcement of an Arizona law requiring prospective voters to provide “satisfactory evidence of citizenship” when registering to vote. However, lower courts have blocked other laws preventing those with unverified citizenship status from voting in presidential elections or voting early by mail, ensuring that over 35,000 Arizonans who utilized the federal registration form will still be able to participate in the election.

Currently, Arizona mandates proof of US citizenship for voters using the state registration form, while those using the federal form can vote in federal elections without this requirement. Arizona’s voting laws remain under legal challenge ahead of the November election.