(The Center Square) – Arizona Senate President Warren Petersen, R-Gilbert, says he is “thankful” the Trump administration once again showed it is “committed to the rule of law and fair elections” after filing a brief in support of the state’s election integrity laws.
The laws include a requirement that voters show proof of citizenship, a requirement that is being contested in a lawsuit that Mi Familia Vota, a Hispanic voting rights organization, filed against Arizona. Secretary of State Adrian Fontes and Petersen are among the defendants.
The Department of Justice brief “reinforces exactly what we’ve argued all along – that states have a constitutional right and responsibility to ensure only U.S. citizens vote in their elections,” Petersen told The Center Square.
“Having the full weight of the federal government behind that principle strengthens Arizona’s case and restores confidence that the law and the will of the people will prevail,” he added.
In 2022, Arizona passed House Bill 2492 and HB 2243.
HB 2492 mandated people who were registering to vote in federal or state elections to verify their citizenship with documents such as a birth certificate, passport or naturalization papers. If people couldn’t provide these documents, they couldn’t vote.
HB 2243 expands the requirements for verifying voter registration and allows election officials to investigate and remove ineligible voters.
After these bills became law, Mi Familia Vota challenged them with a lawsuit.
In 2024, a federal district court struck down several provisions in both laws. For HB 2492, the rule requiring people to list their birthplace on registration forms was struck down, as was the requirement to provide documented proof of citizenship.
The court blocked HB 2243’s provision allowing county officials to investigate and remove voters.
After Petersen appealed the decision to the U.S. Court of Appeals for the 9th Circuit, the court ruled in February in favor of the district court’s decision.
Petersen then appealed the case to the U.S. Supreme Court. The nation’s highest court has not announced if it will take up Petersen’s appeal.
In the brief filed with the 9th Circuit Court, the DOJ said Arizona’s laws did not violate the Civil Rights Act. Furthermore, the DOJ said it is essential that states have the authority to run their elections and ensure that only eligible voters can vote. Attempting to prevent voter fraud is in the state’s interest, the brief noted.
The brief asked the 9th Circuit Court to reopen the case and undo the district court’s decision.
Since Trump took office in January, the DOJ has changed its opinion on Arizona’s laws. In April, the DOJ dropped the Biden administration’s 2022 lawsuit against Arizona over these laws.
If Petersen is unsuccessful in having the Supreme Court take up his appeal, he said it “would open the door for noncitizens to participate in Arizona’s elections.”
He told The Center Square that it “would undermine the integrity of every legitimate vote and erode public trust in our democratic process.”
“Arizonans deserve to know that every ballot cast comes from an eligible U.S. citizen – nothing more, nothing less,” he noted.
If the Supreme Court picks up his case, Petersen said he’s optimistic justices would “affirm Arizona’s right to enforce commonsense election laws that protect both our citizens and our votes.”
Proof of citizenship laws are “fundamental to maintaining free, fair, and transparent elections,” Petersen said. He added these laws “ensure that every person who votes is legally eligible to do so, protecting the weight of every legitimate ballot.”
“Arizona’s approach isn’t extreme – it’s common sense,” he told The Center Square.
Election integrity was among the topics in The Center Square’s Voters Voice Poll, conducted by Phoenix-based Noble Predictive Insights. The poll found most Americans support a voter ID requirement.
