Biden’s DOJ Sues Arizona for Requiring Proof of American Citizenship to Vote

[libertybele]

Justice Department sues Arizona over citizenship voter ID requirements

The Justice Department filed a lawsuit Tuesday against Arizona challenging its law that requires proof of citizenship for residents to vote in presidential elections.

The lawsuit was announced by Assistant Attorney General Kristen Clarke during a press call with reporters arguing Arizona's law, House Bill 2492, is "a textbook violation" of the National Voter Registration Act of 1993.

“Arizona has passed a law that turns the clock back," Clarke said during the call.

"This lawsuit reflects our deep commitment to using every available tool to protect all Americans' right to vote and to ensure that their voices are heard in our democracy."

Arizona Attorney General Mark Brnovich had anticipated the court challenge from President Joe Biden's DOJ and wrote a letter to Clarke on Friday pledging to defend the voting law all the way to the Supreme Court "if necessary."

"After Biden invites millions to illegally enter our country, his DOJ is challenging Arizona’s law to ensure only citizens can vote. Alas the clouds part to show the true sky. We’ll see you in court!" Brnovich tweeted on July 1.

The bill was signed by Gov. Doug Ducey earlier this year and is slated to take effect in January, though it has drawn intense opposition from voting rights advocates.

Voting rights proponents say the bill is unconstitutional in light of a 2013 Supreme Court ruling in a case that found Arizona can’t impose a proof-of-citizenship requirement on people who register to vote using federal forms. The ruling established a two-tiered system in which those who do not show proof of citizenship can only vote in federal elections in Arizona, but not in state or local contests...........

https://www.washingtonexaminer.com/policy/courts/justice-department-sues-arizona-voter-id-req

[Smokin Joe]

Voting rights proponents say the bill is unconstitutional in light of a 2013 Supreme Court ruling in a case that found Arizona can’t impose a proof-of-citizenship requirement on people who register to vote using federal forms. The ruling established a two-tiered system in which those who do not show proof of citizenship can only vote in federal elections in Arizona, but not in state or local contests...........

Well, that sure peels the lid off the reason for the tsunami of illegals crossing the Border, now doesn't it?

[mystery-ak]

Biden’s DOJ Sues Arizona for Requiring Proof of American Citizenship to Vote

John Binder 6 Jul 2022

President Joe Biden’s Department of Justice (DOJ) is suing the state of Arizona for its law requiring residents to prove their United States citizenship in order to vote in presidential elections.

In March, Arizona Gov. Doug Ducey (R) signed a bill into law that requires residents to prove that they are American citizens to vote in presidential elections. The law also requires new voters to provide proof of their address.

On Tuesday, Biden’s DOJ announced its lawsuit against Arizona, claiming that the law violates the National Voter Registration Act (NVRA):

    In this action, the United States challenges certain provisions of HB 2492 on the basis that they violate Section 6 of the National Voter Registration Act of 1993 and Section 101 of the Civil Rights Act of 1964.

    One of HB 2492’s provisions violates the NVRA as interpreted by the U.S. Supreme Court in Arizona v. Inter Tribal Council of Arizona, Inc. In that case, the Court rejected an earlier attempt by Arizona to impose a documentary proof of citizenship requirement on applicants who register to vote using the mail voter registration form prescribed by the U.S. Election Assistance Commission.

    HB 2492 contravenes settled law insofar as it requires Arizona registrants using the Federal Form to also submit burdensome documentary proof of U.S. citizenship to local election officials if those officials cannot otherwise confirm the applicant’s citizenship status.

The Biden administration is asking the district court to prevent Arizona’s election officials from implementing the proof of citizenship law.

The case is United States v. Arizona, No. 2:22-cv-01124-SRB in the U.S. District Court for the District of Arizona.

https://www.breitbart.com/politics/2022/07/06/bidens-doj-sues-arizona-requiring-proof-american-citizenship-vote/

[Hoodat]

In this action, the United States challenges certain provisions of HB 2492 on the basis that they violate Section 6 of the National Voter Registration Act of 1993 and Section 101 of the Civil Rights Act of 1964.

Uh, no.  Nothing in this Arizona law violates Section 101

TITLE I--VOTING RIGHTS
SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and as further amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is further amended as follows:

(a) Insert "1" after "(a)" in subsection (a) and add at the end of subsection (a) the following new paragraphs:

"(2) No person acting under color of law shall--

"(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

"(B) deny the right of any individual to vote in any Federal election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or

"(C) employ any literacy test as a qualification for voting in any Federal election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974--74e; 74 Stat. 88): Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith.

"(3) For purposes of this subsection--

"(A) the term 'vote' shall have the same meaning as in subsection (e) of this section;

"(B) the phrase 'literacy test' includes any test of the ability to read, write, understand, or interpret any matter."

(b) Insert immediately following the period at the end of the first sentence of subsection (c) the following new sentence: "If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election."

(c) Add the following subsection "(f)" and designate the present subsection "(f)" as subsection "(g)": "(f) When used in subsection (a) or (c) of this section, the words 'Federal election' shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives."

(d) Add the following subsection "(h)":

"(h) In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief justice of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.

An appeal from the final judgment of such court will lie to the Supreme Court.

"In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three-judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

"It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited."

https://www.archives.gov/milestone-documents/civil-rights-act

[Hoodat]

Election Law - Washington DC

To register in D.C., an individual must be a U.S. citizen.

https://ballotpedia.org/Election_administration_in_Washington,_D.C.#Voter_registration

[Free Vulcan]

Election Law - Washington DC

Iowa is the same way.

[Cyber Liberty]

FTA:

The ruling established a two-tiered system in which those who do not show proof of citizenship can only vote in federal elections in Arizona, but not in state or local contests...........

This is a fact.  I register voters all the time, and if they can't produce an AZ State issued ID they still get to vote for President, US Senator and Congressmen.

[Bigun]

Who can vote
In the U.S., you can vote if you are:

A U.S. citizen.
A resident of the county where you submit the application.
18 years old or older on Election Day.
Not a convicted felon (you may be eligible to vote if you completed your sentence, probation, or parole).
You have not been declared by a court exercising probate jurisdiction to be either totally mentally incapacitated or partially mentally incapacitated without the right to vote.

https://www.texas.gov/living-in-texas/texas-voter-registration/

[Bigun]

FTA:

This is a fact.  I register voters all the time, and if they can't produce an AZ State issued ID they still get to vote for President, US Senator and Congressmen.

Duplicate threads @Cyber Liberty

https://www.gopbriefingroom.com/index.php/topic,474476.msg2669902.html#msg2669902

BTW: WTH can anyone in any state register to vote using federal forms?

...Arizona can’t impose a proof-of-citizenship requirement on people who register to vote using federal forms.

[Free Vulcan]

FTA:

This is a fact.  I register voters all the time, and if they can't produce an AZ State issued ID they still get to vote for President, US Senator and Congressmen.

Seems like the quick fix is to require ID for all offices and thank the DOJ for throwing AZ in that briar patch.

[Cyber Liberty]

Duplicate threads @Cyber Liberty

https://www.gopbriefingroom.com/index.php/topic,474476.msg2669902.html#msg2669902

Threads Merged....

[Bigun]

Threads Merged....

 

[roamer_1]

Seems like the quick fix is to require ID for all offices and thank the DOJ for throwing AZ in that briar patch.

Which, it seems to me, since the sole actor and arbiter in the voting process is the state legislature, that falls well within the jurisdiction of that state legislature, variously and respectively.

[Bigun]

Which, it seems to me, since the sole actor and arbiter in establishing the voting process is the state legislature, that falls well within the jurisdiction of that state legislature, variously and respectively.

One small correction @roamer_1 and yes!

[Bigun]

Mark Brnovich responds to DOJ.

https://www.azag.gov/sites/default/files/2022-07/DOJ%20July%201%202022%20letter_0.pdf

[Wingnut]

Mark Brnovich responds to DOJ.

https://www.azag.gov/sites/default/files/2022-07/DOJ%20July%201%202022%20letter_0.pdf

I believe what he is saying is; "Bring it Bitches!"

[Bigun]

I believe what he is saying is; "Bring it Bitches!"

  Exactly!   

[Cyber Liberty]

Waitin' on The Brn....