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U.S. Justice Department sues Arizona over proof of citizenship law

U.S. Department of Justice building
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TUCSON, Ariz. (KGUN) — The US. Department of Justice is suing the state of Arizona, in a move to block a state law requiring proof of citizenship from voters.

According to the DOJ, the new Arizona law HB 2492 (2022), would violate the National Voter Registration Act (NVRA) of 1993 when it takes effect in January 2023.

They also say the new law would violate Section 101 of the Civil Rights Act by requiring election officials to reject voter registration forms based on errors or omissions that are not material to establishing a voter’s eligibility to cast a ballot.

"For nearly three decades, the NVRA has helped to move states in the right direction by eliminating unnecessary requirements that have historically made it harder for eligible voters to access the registration rolls." said Kristen Clarke, Assistant Attorney General for Civil Rights.

"Arizona has passed a law that turns the clock back on progress by imposing unlawful and unnecessary requirements that would block eligible voters from the registration rolls for certain federal elections. The Justice Department will continue to use every available tool to protect all Americans’ right to vote and to ensure that their voices are heard,” Clarke said.

In the 2013 decision for Arizona v. Inter Tribal Council of Ariz., Inc., the U.S. Supreme Court rejected an attempt by Arizona to impose a similar documentary proof of citizenship mandate on applicants seeking to vote in federal elections.

“The U.S. Attorney’s Office for the District of Arizona is dedicated to protecting voters in the state,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “We are proud to join the Civil Rights Division in bringing this lawsuit to ensure that all eligible citizens in Arizona have the opportunity to register to vote and exercise their fundamental right to participate in our elections.”

The DOJ's lawsuit is asking the court to prohibit Arizona from enforcing the provisions of HB 2492 that violate the NVRA and the Civil Rights Act.

In response, Arizona Attoney General Mark Brnovich called the lawsuit "another round of Brnovich v. Biden."

"I will once again be in court defending Arizona against the lawlessness of the Biden administration,” Brnovich said.

The law was signed by Governor Doug Ducey Wednesday, March 30.

Lawyers for the state legislature at the time said much of the measure was unconstitutional.

RELATED: Lawsuits target newly signed Arizona voting law

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Anne Simmons is the digital executive producer for KGUN 9. Anne got her start in television while still a student at the University of Arizona. Before joining KGUN, she managed multiple public access television stations in the Bay Area and has worked as a video producer in the non-profit sector. Share your story ideas and important issues with Anne by emailing anne.simmons@kgun9.com or by connecting on Instagram, Twitter or LinkedIn.