In a surprising turn of events, the Ninth Circuit Court of Appeals has reversed its July 18 decision requiring proof of citizenship for voter registration in Arizona. The court’s 2-1 decision on Thursday declared that such documentation is not necessary.
Judges Kim McLane Wardlaw and Ronald Gould cited concerns about potential “confusion and chaos” close to the November elections as the reason for their decision. Judge Patrick Bumatay dissented, maintaining that the earlier ruling was correct and highlighting separation of powers concerns.
Arizona’s two-track registration system currently allows those with proof of citizenship to vote in all elections, while those without are restricted to “federal only” ballots. Following the ruling, Senate President Warren Petersen plans to petition the U.S. Supreme Court for an emergency stay to ensure only American citizens vote.
Arizona election officials have been instructed not to reject voter registration applications lacking documentary proof of citizenship (DPOC), regardless of the form used, according to Aaron Thacker, communications director for the Arizona Secretary of State’s Office.