Arizona v. Inter Tribal Council of Ariz., Inc.
570 U.S. 1
| SCOTUS | 2013Background
- NVRA requires states to accept and use a uniform Federal Form for federal voter registration; EAC prescribes Federal Form contents.
- Arizona Prop. 200 requires proof of US citizenship and authorizes rejection of registrations lacking such evidence.
- The Federal Form Attestation requires citizenship by perjury; it does not itself demand concrete citizenship documents.
- Arizona argues NVRA’s 'accept and use' mandate conflicts with its state rule requiring documentary citizenship evidence.
- The EAC declined to add Arizona’s citizenship requirement to its state-specific instructions; Arizona sued to block Prop. 200.
- Lower courts largely upheld pre-emption; the Supreme Court granted certiorari to resolve the pre-emption question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does NVRA pre-empt Arizona's citizenship evidence rule? | Gonzalez asserts NVRA's 'accept and use' pre-empts any extra citizenship proof. | Arizona contends NVRA allows some state enforcement via alternative means and interpretation. | Yes; NVRA pre-empts state citizenship- proof requirement in this context. |
| Is 'accept and use' best read as a complete registration requirement or a permissible loading in the process? | Gonzalez contends the Federal Form must register if completed, with no extra data. | Arizona argues 'accept and use' allows additional state verification through separate forms or steps. | The majority finds pre-emption under a reading that the Federal Form cannot be supplemented to undermine its function. |
| Does EAC have a role to modify the Federal Form to include citizenship proof? | Gonzalez suggests EAC could be compelled to include the Citizenship requirement via APA review if rejected. | Arizona may seek new EAC instructions; EAC action currently deadlocked but can reconsider. | Arizona may request anew that the EAC include the citizenship requirement and seek APA review if necessary. |
Key Cases Cited
- Purcell v. Gonzalez, 549 U.S. 1 (2006) (preclearance context for election changes under NVRA)
- Ex parte Siebold, 100 U.S. 371 (1880) (Elections Clause pre-emption of state regulations)
- Smiley v. Holm, 285 U.S. 355 (1932) (statutory interpretation of elections-related authority)
- U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) (voter qualifications and state-federal interplay)
- Mitchell v. United States, 400 U.S. 112 (1970) (Elections Clause and federal power over qualifications)
- Gradwell v. United States, 243 U.S. 476 (1917) (presumption in constitutional interpretation and federalism)