President Trump's DOJ Supports Arizona's Law Requiring Proof of Citizenship to Vote

FOR IMMEDIATE RELEASE                                                                                   

Friday, October 17, 2025

President Trump's DOJ Supports Arizona's Law

Requiring Proof of Citizenship to Vote

PHOENIX, ARIZONA— Under President Donald J. Trump's leadership, the United States Department of Justice (DOJ) has intervened in Senate President Warren Petersen's prolonged legal battle to protect the integrity of Arizona elections. The brief in support of the Arizona Legislature's position comes after the Ninth Circuit invalidated a state law strengthening proof of citizenship requirements.

"We are thankful to again have a White House and Department of Justice committed to the rule of law and fair elections," said Senate President Warren Petersen. "The DOJ's brief is appreciated in our fight to uphold a commonsense law and the will of the people. Given the clear precedent handed down from the U.S. Supreme Court, we are confident we will ultimately prevail. With the continued absence of our governor and attorney general, thankfully, the Arizona Legislature is again picking up the slack and is returning to our nation's high court to defend election integrity."

This lawsuit, Mi Familia Vota v. Warren Petersen, stems from radical Left activists, some of which are from outside of Arizona, opposing two laws passed by the Republican-controlled Legislature back in 2022, restricting voters who don't provide documentation confirming they are, in fact, legal citizens of the United States. The DOJ's brief argues that "Arizona’s birthplace requirement does not violate the Materiality Provision because it is generally important that an election official would consider important to the process of determining an applicant's eligibility to vote."

Last August, a three-judge panel vacated an emergency stay decision issued unanimously by another Ninth Circuit panel. This ruling effectively allowed any individual in Arizona to use a state form to register to vote, without providing proof of citizenship, in order to cast a ballot in federal races like U.S. President and Congress. Shockingly, federal law does not currently require citizenship documentation to vote in federal elections. After President Petersen filed an emergency stay application at the U.S. Supreme Court, the nation's high court affirmed Arizona's right to reject state form registrations that do not include proof of citizenship, which was the last legal order in this case until the Ninth Circuit deviated from the U.S. Supreme Court ruling.

Judge Nelson and ten others dissented from the Ninth Circuit's most-recent opinion, writing, "Republican government serves as the keystone of the Constitution. In such a government a majority of citizens who lawfully vote determines who represents us in the White House, Congress, and state legislatures. Courts must therefore defend the franchise – both by protecting the right of all citizens to vote, and by ensuring non-citizens do not vote. Arizona passed laws to protect the franchise… Sadly, the panel majority opinion undermines republican government, shreds federalism and the separation of powers, and imperils free and fair elections."

From here, the next step is for the U.S. Supreme Court to take up this case and affirm Arizona's right to enforce commonsense election laws that protect our citizens and our votes.

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For more information, contact:

Kim Quintero

Director of Communications | Arizona State Senate Republican Caucus

kquintero@azleg.gov