PHOENIX, ARIZONA – Last week, the Arizona Free Enterprise Club filed an amicus brief at the Supreme Court of the United States in RNC v. Mi Familia Vota. The filing to support an emergency application for stay before Supreme Court Justice Elana Kagan, seeks to bolster arguments for Arizona laws that were instituted to ensure that only U.S. citizens can vote in state elections.
The case before the U.S. Supreme Court involves a challenge to HB 2492, which was authored by the Arizona Free Enterprise Club (AZFEC) and passed by the Arizona Legislature in 2022 to stop non-U.S. citizens from registering to vote and casting ballots in our state. Previously, a panel on the U.S. Court of Appeals for the Ninth Circuit allowed Arizona officials to reject state voter registration forms without proof of citizenship, which was part of the intent and purpose of the law in question. Yet, another panel on the same appeals court inexplicably overturned this order, vacating enforcement of the law concerning state voter registration forms.
“With the November General Election right around the corner, Arizona election officials and voters need immediate and consistent clarity regarding the law for state voter registration forms,” said Scot Mussi, President of the Arizona Free Enterprise Club. “Because of this largely unprecedented and political move by the Ninth Circuit to create a conflict within its body of judges, the U.S. Supreme Court is needed to set the record straight and help Arizona enforce a commonsense law that will provide transparency and security to our elections.”
In the brief, AZFEC argues that Arizona adopted the voting laws to serve legitimate purposes, free from discriminatory animus; and that Constitutional text and the cannon of Constitutional avoidance demand enforcement of the voting laws.
As AZFEC highlights in its brief, there were disturbingly obvious legal errors made by the Ninth Circuit that could impact the upcoming November election. The errors from the appeals court would mean that indefensible judicial decisions would nevertheless carry the day due to the lack of a stay. These potential consequences illustrate the long-standing wisdom of staying injunctions against voting regulations when elections are imminent.
Read the brief here.
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