The Trump administration asked the U.S. Supreme Court on Tuesday to hear a case over Arizona voting rules that could affect when states remove suspected noncitizens from voter rolls before federal elections.
The Justice Department backed a petition filed by the Republican National Committee in a dispute with Democratic groups and voting rights organizations. The case centers on whether Arizona’s law conflicts with the National Voter Registration Act of 1993, which limits voter roll removals in the 90 days before a federal election.
Arizona requires proof of citizenship, such as a birth certificate or passport, for voting in state elections. Residents who do not provide documents may register with a federal form, but can vote only in federal elections. State officials must check those federal-only voters through the Department of Homeland Security’s Systematic Alien Verification for Entitlements, or SAVE, database.
The 9th U.S. Circuit Court of Appeals ruled that Arizona’s law violated the federal voter registration law. The Justice Department told the Supreme Court that ruling “eliminates the flexibility the Act promises to States when enforcing their voter qualifications.”
RNC Chairman Joe Gruters said it was “unacceptable” that the party was still defending the Arizona law. Democrats and voting rights groups argued in a brief Tuesday that states cannot bypass limits Congress set on systematic voter removals before elections.
Critics also warned about broader use of SAVE, which the Trump administration expanded from a benefits-verification tool into one that can check citizenship records in federal databases. Republican-led states have begun uploading voter rolls to search for potential noncitizens.
Studies cited by opponents of the effort found noncitizen voting is rare. One study of the 2016 election put it at 0.0001% of votes cast. Utah recently said a review of 2 million registered voters found 27 confirmed noncitizens and 25 “probable” noncitizens.
A coalition of Republican attorneys general led by Kansas Attorney General Kris Kobach urged the court to take the case. If the justices agree, they could hear arguments in the fall and issue a decision next spring, ahead of the 2028 presidential election.