Part II: Can States Require Proof of Citizenship for Voter Registration?: Arizona v. Inter Tribal Council of Arizona

Abstract

Last term the Court heard a case examining a perceived clash between state and federal law on voter registration. The Court ruled that the federal law preempted Arizona’s state law, thus relegating states’ constitutional authority to regulate voter qualification to federal supervision.

The federal law is the National Voter Registration Act (“NVRA”) — commonly known as “Motor-Voter” for the requirement that states provide voter registration materials when someone applies for a driver’s license. Under the NVRA, the Election Advisory Commission creates registration forms (in consultation with the states) that states must “accept and use.” The Arizona law at issue required people registering to vote to provide proof of citizenship. A federal voter-registration form that is not accompanied by proof of citizenship was not accepted. The Ninth Circuit ruled that the NVRA preempted the state law proof of citizenship requirements and the Supreme Court affirmed.

Keywords: voting rights, citizenship, federalism