U.S. COURT OF APPEALS UPHELD RULING AGAINST ARIZONA’S UNLAWFUL “REASON TO BELIEVE” VOTER REGISTRATION

U.S. COURT OF APPEALS UPHELD RULING AGAINST ARIZONA’S UNLAWFUL “REASON TO BELIEVE” VOTER REGISTRATION RULE

PHOENIX, Ariz. – Last February 25th, the United States Court of Appeals for the Ninth Circuit unanimously upheld a district court ruling striking down Arizona’s “reason to believe” voter registration law for violating the 1964 Civil Rights Act. Separately, a majority found the provision also violated the National Voter Registration Act. This Arizona law, which will remain blocked, would have required county recorders to subject registered voters to an unwarranted, discriminatory citizenship check whenever they had a “reason to believe” the voter is not a U.S. citizen.

"Arizona’s ‘reason to believe’ policy was a clear attempt to suppress naturalized citizens by subjecting them to discriminatory scrutiny. This ruling affirms that no voter should be treated as less American based on where they were born. While this is a step toward a fairer electoral system, voter suppression tactics continue to evolve, targeting communities of color and immigrants. Poder Latinx remains committed to our mission to ensure that every eligible voter has the opportunity to make their voice heard and fully participate in our democracy, and to fight any effort to silence our communities," said Yadira Sánchez, Executive Director at Poder Latinx.

“This is a victory for the voters,” said Joseph García, Vice President of Public Policy at Chicanos Por La Causa. “We must make voting more accessible, not arbitrarily more difficult. It’s simple: Everyone who is eligible to register to vote should be allowed to register and vote.”

“We are gratified to see the three-judge panel unanimously uphold the district court’s finding that this blatantly discriminatory provision violates the Civil Rights Act, which prohibits election officials from using different practices and procedures to determine voters’ qualifications,” said Jon Sherman, Litigation Director at Fair Elections Center. “The so-called ‘reason to believe’ law gave officials a mechanism to discriminate against naturalized Arizonans and question their right to vote based solely on the language they speak, their dress, or any other completely arbitrary stereotypes of what U.S. citizens do or do not look like. Today’s decision is the first time a circuit court has issued an opinion enforcing this provision of the 1964 Civil Rights Act, and it is a major victory for voting rights.”

The Arizona voter suppression law in question was previously found to be unlawful by the U.S. District Court for the District of Arizona for imposing different and non-uniform processes on naturalized Arizona voters as compared to native-born Arizona voters. The law directed county election officials to conduct citizenship checks using the SAVE system based solely on any “reason to believe” that voters may not be U.S. citizens based on their race, ethnicity, English language fluency, or other arbitrary factors. Citing the 1964 Civil Rights Act and the National Voter Registration Act, the court found that county election officials could not initiate an extra citizenship check based on the “reason to believe” a voter was not a U.S. citizen. 

Notably, the district court ruling prevented election officials from relying on biases and suspicions that a voter is not a U.S. citizen in determining a voter’s qualifications to vote.

Plaintiffs were represented in this case by the Fair Elections Center, the Arizona Center for Law in the Public Interest, and Arnold & Porter.

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