Arizona, Petitioners v. the Inter Tribal Council of Arizona, Inc. (SCOTUS 2013)

Summary

The Court held that the National Voter Registration Act pre-empts Arizona's requirement that applicants using the federal voter-registration form submit documentary proof of citizenship. The phrase requiring States to "accept and use" the federal form means that States may not demand additional information beyond the form, although they may deny registration based on information already showing ineligibility and may ask the Election Assistance Commission to add necessary information to the form. Justice Kennedy concurred in the judgment but disagreed with the Court's rejection of a general presumption against pre-emption, while Justices Thomas and Alito dissented and would have upheld Arizona's requirement.

Holding

Whether the federal statute pre-empts Arizona's documentary-proof requirement for applicants using the federal form.. The federal statute pre-empts Arizona's requirement that an applicant using the federal form submit additional documentary evidence of citizenship. A State must accept the completed federal form as sufficient for the information the form is designed to provide and may not condition use of that form on additional information demanded by state law.

Whether the federal statute impermissibly prevents Arizona from enforcing its citizenship qualification for voting.. The statute does not eliminate Arizona's authority to establish voter qualifications or to deny registration based on information in its possession showing that an applicant is ineligible. Arizona may request that the Election Assistance Commission add information it considers necessary to the federal form and may seek judicial review of the Commission's decision under the Administrative Procedure Act.

Summary

Holding

Cited authorities