In a stunning reversal from its ruling on July 18, in which the Ninth Circuit Court of Appeals said that anyone registering to vote in the state of Arizona must provide proof of citizenship to vote in all elections, the court now says that the documentation is not necessary, by 2-1, on Thursday.
Background:
BREAKING: Ninth Circuit Delivers Decision on Citizenship and Voter Registration in Arizona
The rationale, from the judges on the three-judge panel who were in the majority? The change this close to the November elections would cause “confusion and chaos”:
In its Thursday order, approved on a 2-1 vote, the court reversed last month’s decision by a “motions panel ” that blocked certain voter registrations. That panel “misunderstood the extent of confusion and chaos that would be engendered by a late-stage alteration to the status quo of Arizona’s election rules,” Judges Kim McLane Wardlaw and Ronald Gould wrote.
In dissent, Judge Patrick Bumatay “argu[ed] the earlier panel got it right. The state legislature cannot be bound by an agreement reached between a former secretary of state and the federal government without running into ‘serious separation of powers concerns,’ he wrote.”
This “agreement” language might require explanation for anyone outside the Copper state: Arizona currently has a two-track registration system; if you can show the required proof of citizenship, you may vote in any election. But those who cannot prove they are citizens get “federal only” ballots — that is, they can only vote for federal offices like congressional and presidential races.
In reaction to the ruling, the Republican leader of the state Senate vowed to petition the U.S. Supreme Court for a stay:
Senate President Warren Petersen vowed to seek an emergency stay from the U.S. Supreme Court “to make sure only American citizens are voting in our elections.”
At the time of this writing, the “[a]ttorneys for the civil rights groups that have fought the law did not respond to requests for comment,” according to the Arizona Republic.
Here’s where things stand in November, unless SCOTUS steps in. The Arizona Secretary of State’s Office’s communications director Aaron Thacker said:
Election officials may not reject voter registration applications submitted without DPOC, regardless of which form is used. DPOC is shorthand for documentary proof of citizenship.”
This is a developing story. RedState will bring you further updates as they become available.
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