A federal appeals court has reinstated two provisions of a 2022 Arizona election law that were previously blocked by a lower court. On September 20, the Ninth Circuit Court of Appeals reversed a preliminary injunction, allowing county recorders to cancel a voter's registration if it's confirmed that the person has registered in another county. The original block was issued by U.S. District Judge G. Murray Snow, who argued that the law conflicted with the National Voter Registration Act, which requires voter confirmation or a state notice before canceling a registration. However, the appeals court ruled that the groups opposing the law lacked the standing to challenge it.
Judge Kenneth K. Lee, referencing a recent Supreme Court ruling, argued that the groups suing over the provision had not demonstrated direct harm, only citing a "frustrated mission and diverted resources." He further stated that even if the groups had standing, the provision did not conflict with federal law, as registering in a new county is effectively a confirmation of a change in residence. Judge Daniel P. Collins supported Lee's ruling, while Judge Jacqueline H. Nguyen dissented, believing that the groups had valid grounds to challenge the cancellation provision.
The court also lifted an injunction on another section of the law that criminalizes providing voting assistance to someone registered in another state, including forwarding early ballots. Judge Snow had previously blocked this part of the law, calling it unconstitutionally vague. The court disagreed, with Judge Lee asserting that the phrase “mechanism for voting” is not vague, as it likely refers to the actual process of voting, not activities like voter registration.
Neither the Arizona Secretary of State’s office nor the organizations that challenged the law provided comments.
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