Warren Petersen Gets DOJ Support for Citizenship Voting Requirements

Senate President Warren Petersen is celebrating a significant development in his ongoing legal fight over voter citizenship requirements, as the U.S. Department of Justice (DOJ) has stepped in to support Arizona's position.

"We are thankful to again have a White House and Department of Justice committed to the rule of law and fair elections," Petersen said. "The DOJ's brief is appreciated in our fight to uphold a commonsense law and the will of the people."

The legal battle centers on two laws passed by Arizona's Republican-controlled Legislature in 2022 that require voters to provide documentation proving they are U.S. citizens before registering to vote. The laws created a lawsuit called Mi Familia Vota v. Warren Petersen, filed by activist groups challenging the citizenship requirements.

The case took a complicated turn last August when a three-judge panel from the Ninth Circuit Court of Appeals struck down the citizenship requirement. 

That ruling allowed anyone in Arizona to register to vote using a state form without proving citizenship, enabling them to cast ballots in federal elections like those for President and Congress.

Current federal law doesn't require citizenship documentation for federal elections.

Petersen’s Initiative

Petersen immediately appealed to the U.S. Supreme Court, which sided with Arizona and ruled the state could reject voter registrations that lack proof of citizenship. However, the Ninth Circuit later issued another opinion that contradicted the Supreme Court's decision, continuing the ongoing legal fight.

Now, the DOJ under President Trump has filed a legal brief supporting Arizona's stance. The Department argued that "Arizona's birthplace requirement does not violate the Materiality Provision because it is generally important that an election official would consider important to the process of determining an applicant's eligibility to vote."

Eleven judges from the Ninth Circuit, including Judge Nelson, dissented from the court's recent opinion against Arizona. They highlighted that the majority opinion "undermines republican government, shreds federalism and the separation of powers, and imperils free and fair elections."

Petersen also aimed at state leadership, stating that "with the continued absence of our governor and attorney general, thankfully, the Arizona Legislature is again picking up the slack."

He expressed confidence that Arizona will ultimately win when the case returns to the Supreme Court.