Arizona enacts new retroactive proof-of-citizenship voting law that could throw elections into chaos: report

On Thursday, NPR reported that Arizona's new proof-of-citizenship voting law, signed this week by Republican Gov. Doug Ducey, could upend elections this fall and create a nightmare for polling workers and some older voters.

"In signing House Bill 2492, Ducey disputed testimony from local officials and voting rights advocates who say an unknown number of voters — predominantly older, longtime Arizona residents — will be purged from the state's voter rolls because the last time they registered to vote, there was no requirement to provide proof of citizenship," reported Ben Giles. "In 2004, Arizona voters approved a ballot measure to add proof of citizenship as a requirement for voter registration. The measure included language that grandfathered in voters who were already registered prior to 2005, when the law took effect. Marilyn Rodriguez, a lobbyist for the ACLU of Arizona, said HB 2492 supersedes the old law and would now apply the citizenship requirement retroactively."

According to the report, this would potentially force up to 192,000 voters in Arizona to register again, predominantly older voters who registered with a driver license issued before 1996 when the state build proof-of-citizenship into new licenses. More confusingly, due to the dates the bill take effect, these voters might only be told they need to re-register after they've already voted in the primary, creating barriers to access for the general election. The upshot could be chaos for both voters and the election workers who suddenly need to check the citizenship of hundreds of thousands of voters.

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On top of it all, this measure could be unconstitutional; in 2013, the U.S. Supreme Court struck down a similar law for federal races, forcing Arizona to create a two-track system for people voting in just federal races and people voting in all races.

"Jen Marson, the executive director of the Arizona Association of Counties, told a Senate committee that HB 2492 puts county election workers in a 'terrible position' — choosing to follow a state law that clearly violates a U.S. Supreme Court ruling, or uphold the court's ruling and be charged with felonies under Arizona law," said the report. "Even attorneys for the Republican-controlled Arizona legislature warn those measures are likely unconstitutional."

Proof-of-citizenship measures have been legally controversial. In Kansas, under the pushing of former Secretary of State Kris Kobach, Republicans tried to create an even more burdensome requirement that voters bring proof of citizenship with them to the polls to vote. This was struck down by federal courts.