Arizona v. Inter Tribal Council of Ariz., Inc.

570 U.S. 1, 186 L. Ed. 2d 239, 133 S. Ct. 2247, 24 Fla. L. Weekly Fed. S 283, 81 U.S.L.W. 4414, 2013 U.S. LEXIS 4544, 2013 WL 2922124
CourtSupreme Court of the United States
DecidedJune 17, 2013
Docket12–71.
StatusPublished
Cited by271 cases

This text of 570 U.S. 1 (Arizona v. Inter Tribal Council of Ariz., Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arizona v. Inter Tribal Council of Ariz., Inc., 570 U.S. 1, 186 L. Ed. 2d 239, 133 S. Ct. 2247, 24 Fla. L. Weekly Fed. S 283, 81 U.S.L.W. 4414, 2013 U.S. LEXIS 4544, 2013 WL 2922124 (2013).

Opinions

Justice SCALIA delivered the opinion of the Court.

*4The National Voter Registration Act requires States to "accept and use" a uniform federal form to register voters for federal elections. The contents of that form (colloquially known as the Federal Form) are prescribed by a federal agency, the Election Assistance Commission. The Federal Form developed by the EAC does not require documentary evidence of citizenship; rather, it requires only that an applicant *5aver, under penalty of perjury, that he is a citizen. Arizona law requires voter-registration officials to "reject" any application for registration, including a Federal Form, that is not accompanied by concrete evidence of citizenship. The question is whether Arizona's evidence-of-citizenship requirement, as applied to Federal Form applicants, is pre-empted by the Act's mandate that States " accept and use" the Federal Form.

I

Over the past two decades, Congress has erected a complex superstructure of federal regulation atop state voter-registration systems. The National Voter Registration Act of 1993 (NVRA), 107 Stat. 77, as amended, 42 U.S.C. § 1973gg et seq., "requires States to provide simplified systems for registering to vote in federal elections." Young v. Fordice, 520 U.S. 273, 275, 117 S.Ct. 1228, 137 L.Ed.2d 448 (1997). The Act requires each State to permit prospective voters to "register to vote in elections for Federal office" by any of three methods: simultaneously with a driver's license application, in person, or by mail. § 1973gg-2(a).

This case concerns registration by mail. Section 1973gg-2(a)(2) of the Act requires a State to establish procedures for registering to vote in federal elections "by mail application pursuant to section 1973gg-4 of this title." Section 1973gg-4, in turn, requires States to "accept and use" a standard federal registration form. § 1973gg-4(a)(1). The Election Assistance Commission is invested with rulemaking authority to prescribe the contents of that Federal Form. § 1973gg-7(a)(1) ; see § 15329.1

*2252The EAC is explicitly instructed, however, to develop the Federal Form "in consultation with the chief election officers of the States." § 1973gg-7(a)(2). The Federal Form thus contains a number *6of state-specific instructions, which tell residents of each State what additional information they must provide and where they must submit the form. See National Mail Voter Registration Form, pp. 3-20, online at http://www.eac.gov (all Internet materials as visited June 11, 2013, and available in Clerk of Court's case file); 11 CFR § 9428.3 (2012). Each state-specific instruction must be approved by the EAC before it is included on the Federal Form.

To be eligible to vote under Arizona law, a person must be a citizen of the United States. Ariz. Const., Art. VII, § 2 ; Ariz.Rev.Stat. Ann. § 16-101(A) (West 2006). This case concerns Arizona's efforts to enforce that qualification. In 2004, Arizona voters adopted Proposition 200, a ballot initiative designed in part "to combat voter fraud by requiring voters to present proof of citizenship when they register to vote and to present identification when they vote on election day." Purcell v. Gonzalez, 549 U.S. 1, 2, 127 S.Ct. 5, 166 L.Ed.2d 1 (2006) (per curiam ).2 Proposition 200 amended the State's election code to require county recorders to "reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship." Ariz.Rev.Stat. Ann. § 16-166(F) (West Supp.2012). The proof-of-citizenship requirement is satisfied by (1) a photocopy of the applicant's passport or birth certificate, (2) a driver's license number, if the license states that the issuing authority verified the holder's U.S. citizenship, (3) evidence of naturalization, (4) tribal identification, or (5) "[o]ther documents or methods of proof ... established pursuant to the Immigration Reform and Control Act of 1986." Ibid. The EAC did not grant Arizona's request to include this new requirement among the state-specific instructions for Arizona on the Federal Form. App. 225. Consequently, the Federal Form includes a statutorily required attestation, subscribed to under penalty of *7perjury, that an Arizona applicant meets the State's voting requirements (including the citizenship requirement), see § 1973gg-7(b)(2), but does not require concrete evidence of citizenship.

The two groups of plaintiffs represented here-a group of individual Arizona residents (dubbed the Gonzalez plaintiffs, after lead plaintiff Jesus Gonzalez) and a group of nonprofit organizations led by the Inter Tribal Council of Arizona (ITCA)-filed separate suits seeking to enjoin the voting provisions of Proposition 200. The District Court consolidated the cases and denied the plaintiffs' motions for a preliminary injunction. App. to Pet. for Cert. 1g. A two-judge motions panel of the Court of Appeals for the Ninth Circuit then enjoined Proposition 200 pending appeal. Purcell, 549 U.S., at 3, 127 S.Ct. 5. We vacated that order and allowed the impending 2006 election to proceed with the new rules in place. Id., at 5-6, 127 S.Ct. 5.

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570 U.S. 1, 186 L. Ed. 2d 239, 133 S. Ct. 2247, 24 Fla. L. Weekly Fed. S 283, 81 U.S.L.W. 4414, 2013 U.S. LEXIS 4544, 2013 WL 2922124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arizona-v-inter-tribal-council-of-ariz-inc-scotus-2013.