by Spencer Overton, Professor of Law at The George Washington University Law School and a Senior Fellow at Demos. He is the author of the book Stealing Democracy: The New Politics of Voter Suppression. This post is cross-posted at DemosBlog and the Huffington Post.
With public attention focused on the Voting Rights Act, many have overlooked a second critical voting case being argued before the U.S. Supreme Court today.
The latest case involves the simple question of whether Arizona can refuse to accept a federal voter registration form. But the stakes are much higher. A victory for Arizona could accelerate a nationwide trend of political operatives attempting to manipulate election rules for political gain, and could undermine the power of Congress to protect voting rights.
Arizona Rejected Federal Registration Forms
The National Voter Registration Act requires that all states “accept and use” a single, uniform voter registration form for federal elections. States can still use their own registration forms, but they must also accept and use the federal form. The purpose of the federal form is to increase participation by preventing states from erecting barriers to voter registration.
The federal form requires that prospective voters check a box and sign the form affirming they are U.S. citizens under penalty of perjury. Arizona, however, adopted a state law requiring “satisfactory proof” of U.S. citizenship to register, such as abirth certificate, U.S. passport, or state driver’s license that shows citizenship.
As a result, Arizona initially rejected over 31,000 voter registration applications—including citizens who registered using the federal form. Community-based registration drives were hit especially hard, because they rely on approaching individuals who may not be carrying a birth certificate or similar documentation (or unwilling to give a photocopy of these sensitive documents to a registration-drive volunteer). For example, community-based registration drives in Arizona’s largest county—Maricopa County—dropped 44%.