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Fontes weighs in on SCOTUS decision to hear arguments over two AZ voter laws

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PHOENIX — Although the U.S. Supreme Court just wrapped up what many would consider to be a consequential term, we already know they'll be taking up two very debated cases that could impact millions of Arizonans.

Last week, the nation's high court announced it would hear challenges to two Arizona election laws: HB 2492 and HB 2243.

Both laws were passed by the Republican-led state legislature in 2022. Initial legal challenges were brought by the nonprofit Mi Familia Vota.

Now, the Republican National Committee is challenging a 9th Circuit Court of Appeals ruling last year that stated the two laws violated federal election laws.

One law requires voters who register using the state form to show proof of citizenship (on the federal voter registration form, an individual simply checks a box to confirm he or she is a citizen and would face a penalty of perjury if it's found that he or she is lying). It's created a group of "federal-only" voters, who critics argue still face significant hurdles.

Another law requires county recorders to add extra requirements for looking for and removing potential non-citizens from voter rolls.

Recently, Arizona Secretary of State Adrian Fontes sat down with ABC15's Nick Ciletti to discuss the SCOTUS decision to hear the two cases.

"It's a really good thing that they'll give us some finality on these rules," explains Sec. Fontes. "I may not agree with the reality of the ruling, but it's going to be the law, and we will follow it."

SCOTUS will likely hear oral arguments on the case in October, with a ruling highly unlikely before the November midterm election, meaning nothing would change before the upcoming election.

Sec. Fontes says the rules have been confusing for voters, and he's hoping whatever the ruling may be from the high court, it simplifies the process and requirements for Arizonans.

"What this does is look to clarify some of the things that some people think are a little unfair," he explains. "There is ambiguity if you fill out a federal form to register or a state form to register and whether you present certain identification with one...We should have a standard rule across the board, and it shouldn't matter what form you use. But that's how it works right now. We need clarity from the courts."

In response to the announcement, Republican leaders say it's about maintaining the integrity of our elections and making sure only people who are eligible to vote are the ones voting.

The Arizona Republican Party applauded the SCOTUS decision to hear the cases, saying in a statement: “It’s not racist to believe that only U.S. citizens should vote in America. The Ninth Circuit lives in its own fantasyland, but common sense is still alive and well at the U.S. Supreme Court...This is a simple concept that is supported even by a majority of Democrats, only American citizens should vote in American elections. I agree with the sentiments of RNC Chairman Joe Gruters, who has said that Republicans are 'proud to lead this effort, and we will keep fighting nationwide to defend election integrity and ensure only eligible citizens cast a ballot."

In response to the announcement from SCOTUS, Mi Familia Vota put out the following statement, saying the laws were too strict and disenfranchise voters unnecessarily, especially people of color.

See their statement below:

“For generations, Latinos and other historically disenfranchised communities have fought to expand participation in our democracy despite repeated attempts to silence our voices. Every era has brought new barriers from poll taxes and literacy tests to racial gerrymandering, restrictive voting laws, and now proof-of-citizenship schemes designed to justify voter purges.

“This case is not about election security. It is about political power and who gets to participate in our democracy, and who gets to be pushed out of it by politicians. Under the false pretense of combating noncitizen voting, despite overwhelming evidence that it is exceedingly rare, the Trump administration and its MAGA allies are advancing one of the most aggressive voter suppression efforts in modern history. Their goal is to create fear, confusion, and bureaucratic barriers that disproportionately impact Latino, immigrant, young, and working-class voters.

“Much like with its mass deportation agenda, the Department of Justice is asking for something unprecedented: the power to remove voters from the rolls based solely on suspicion that they are not citizens. Never before has the federal government claimed such authority over our elections, threatening the longstanding balance between state and federal responsibilities.

“We have already seen eligible citizens wrongly removed from voter rolls and forced through burdensome bureaucratic hurdles to restore their voting rights. That is not election integrity – it’s disenfranchisement.

“Mi Familia Vota and our partners in this case will continue fighting this assault on our democracy in court, at the ballot box, and in communities across the country. We are confident the law is on our side, and we will continue organizing, educating, and mobilizing voters to ensure every eligible American can cast a ballot free from intimidation, discrimination, or political interference. Our democracy is strongest when every eligible voter can participate, not when politicians change the rules because they fear the voters.” -Hector Sanchez Barba, CEO and President, Mi Familia Vota

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