Petition for Writ of Certiorari — Warren Petersen, President of the Arizona Senate, et al., Petitioners v. Mi Familia Vota, et al.

Supreme Court briefFeb 19, 2026

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No. __________

In the Supreme Court of the United States

WARREN PETERSEN, IN HIS OFFICIAL CAPACITY AS

THE PRESIDENT OF THE ARIZONA SENATE, AND

STEVE MONTENEGRO, IN HIS OFFICIAL CAPACITY AS

THE SPEAKER OF

THE ARIZONA HOUSE OF REPRESENTATIVES

Petitioners,

v.

MI FAMILIA VOTA, ET AL.,

Respondents.

ON PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETITION FOR WRIT OF CERTIORARI

Kory Langhofer

Counsel of Record

Thomas Basile

STATECRAFT PLLC

649 North Fourth Avenue

1st Floor

Phoenix, AZ 85003

(602) 382-4078

kory@statecraftlaw.com

FEBRUARY MMXXVI

Attorneys for Petitioners

United States Commercial Printing Company • www.uscpc.us • (202) 866-8558

i

QUESTIONS PRESENTED

Arizona’s state voter registration form requires applicants to provide proof of citizenship and proof of

residence. Registrants who have not provided proof of

citizenship may not vote by mail. The district court

found that the mail-in voting restriction and the proof

of citizenship and residence requirements for the state

form are preempted by the National Voter Registration Act (NVRA) and, in the case of citizenship, by a

consent decree. This Court stayed the district court’s

injunction against the proof of citizenship requirement. A divided Ninth Circuit panel affirmed the injunction. It also reversed the district court’s conclusion that H.B. 2243, a related law that requires elections officials to check various databases to identify

non-citizen or non-resident voters, was not intentionally discriminatory. Over 11 dissents, the Ninth Circuit denied rehearing en banc. The questions presented are:

1. Whether the NVRA or a prior consent decree

precludes Arizona from requiring documentary proof

of citizenship and residence when applicants use its

state-specific form to register to vote in federal elections.

2. Whether the NVRA preempts Arizona’s prohibition on mail-in voting by registrants who have not

provided proof of citizenship.

3. Whether the district court clearly erred in concluding that H.B. 2243 was not motivated by discriminatory animus.

ii

PARTIES TO THE PROCEEDINGS

The petitioners are Warren Petersen, in his official

capacity as the President of the Arizona Senate, and

Steve Montenegro, in his official capacity as the

Speaker of the Arizona House of Representatives. The

petitioners were intervenor-defendants in the consolidated district court proceedings and appellants in the

court of appeals proceedings.

The respondents are: the United States of America,

Mi Familia Vota, Voto Latino, Living United for

Change in Arizona, League of United Latin American

Citizens, Arizona Students’ Association, ADRC Action,

Inter Tribal Council of Arizona, Inc., San Carlos

Apache Tribe, Arizona Coalition for Change, Poder

Latinx, Chicanos Por La Causa, Chicanos Por La

Causa Action Fund, Democratic National Committee,

Arizona Democratic Party, Arizona Asian American

Native Hawaiian and Pacific Islander For Equity Coalition, Promise Arizona, Southwest Voter Registration Education Project, Tohono O’odham Nation, Gila

River Indian Community, Keanu Stevens, Alanna Siquieros, and LaDonna Jacket. The respondents were

plaintiffs in the consolidated district court proceedings and appellees in the court of appeals proceedings.

Promise Arizona, Southwest Voter Registration Education Project were cross-appellants in the court of appeals proceedings.

The Republican National Committee, the State of

Arizona, the Arizona Secretary of State, the Attorney

General of Arizona, Arizona Department of Transportation Director Jennifer Toth, the Apache County Recorder, the Cochise County Recorder, the Coconino

County Recorder, the Gila County Recorder, the

iii

Graham County Recorder, the Greenlee County Recorder, the La Paz County Recorder, the Maricopa

County Recorder, the Mohave County Recorder, the

Navajo County Recorder, the Pima County Recorder,

the Pinal County Recorder, the Santa Cruz County

Recorder, the Yavapai County Recorder, and the

Yuma County Recorder were defendants in the consolidated district court proceedings.

RELATED PROCEEDINGS

United States District Court (D. Ariz.):

Mi Familia Vota v. Fontes, No. 2:22-cv0509 (consolidated) (May 2, 2024) (judgment entered)

United States Court of Appeals (9th Cir.):

Mi Familia Vota v. Petersen, No. 24-3188

(Feb. 25, 2025) (judgment entered)

Mi Familia Vota v. Mayes, No. 24-3559

(Feb. 25, 2025) (judgment entered)

Promise Arizona v. Petersen, No. 24-4029

(Feb. 25, 2025) (judgment entered)

Mi Familia Vota, et al. v. Adrian Fontes, et

al., No. 24-3188, No. 24-3559, No. 244029 (Sep. 22, 2025) (rehearing denied)

iv

Supreme Court of the United States:

Republican National Committee v. Mi Familia Vota, No. 24A164 (Aug. 22, 2024)

(partial stay entered)

Republican National Committee v. Mi Famila Vota, et al., No. 25A673 (Dec. 9,

2025) (application granted by Justice

Kagan extending the time to file until

February 19, 2026)

v

TABLE OF CONTENTS

Questions Presented ................................................... i

Parties to the Proceedings ......................................... ii

Related Proceedings .................................................. iii

Table of Authorities..................................................... x

Introduction .................................................................1

Opinions Below ............................................................4

Jurisdiction ..................................................................4

Constitutional and Statutory Provisions Involved ...4

Statement of the Case .................................................5

I.

Factual Background .........................................5

II. Procedural History ...........................................8

Reasons for Granting the Petition ............................ 10

I.

The Decision Below Is Irreconcilable with

Inter Tribal Council and Unconstitutionally

Subordinates State Legislatures to Federal

Consent Decrees ............................................. 11

A.Documentary Proof of Citizenship and

Residence Are Necessary to Determine a

Prospective Voter’s Eligibility........................ 12

B.State Legislatures’ Lawmaking Powers

Cannot Be Bargained Away in Federal

Consent Decrees ............................................. 19

II. The NVRA Does Not Preempt State Laws

That Regulate Voting Methods ...................... 25

III. The Ninth Circuit Disregarded the

Presumption of Legislative Good Faith,

vi

Resurrected the Discredited “Cat’s Paw”

Theory of Legislative Intent, and Failed to

Defer to the District Court’s Well-Supported

Findings .......................................................... 32

Conclusion ................................................................. 38

Appendix

Volume I

Appendix A

Opinion [on merits] (CA9 ECF No. 242.1), United

States Court of Appeals for the Ninth Circuit, Mi

Familia Vota, et al. v. Adrian Fontes, et al.,

No. 24-3188, No. 24-3559, No. 24-4029

(Feb. 25, 2025) ............................................. App-1

Appendix B

Amended Order [amended post-trial ruling] (D.

Ariz. ECF No. 709), United States District Court

for the District of Arizona, Mi Familia Vota, et al.

v. Adrian Fontes, et al.,

No. CV-22-00509-PHX-SRB

(Feb. 29, 2024) ......................................... App-182

Appendix C

Final Judgment (D. Ariz. ECF No. 720), United

States District Court for the District of Arizona,

Mi Familia Vota, et al. v. Adrian Fontes, et al.,

No. CV-22-00509-PHX-SRB

(May. 2, 2024) .......................................... App-355

vii

Appendix D

Order [motions panel order partially granting

stay application], United States Court of Appeals

for the Ninth Circuit, Mi Familia Vota, et al. v.

Adrian Fontes, et al.,

No. 24-3188, No. 24-3559, No. 24-4029

(Jul. 18, 2024) ........................................... App-362

Appendix E

Order [merits panel order vacating stay], United

States Court of Appeals for the Ninth Circuit, Mi

Familia Vota, et al. v. Adrian Fontes, et al.,

No. 24-3188, No. 24-3559, No. 24-4029

(Aug. 1, 2024) ........................................... App-366

Volume II

Appendix F

Order [ruling on motion to dismiss] (D. Ariz. ECF

No. 304), United States District Court for the District of Arizona, Mi Familia Vota, et al. v. Adrian

Fontes, et al.,

No. CV-22-00509-PHX-SRB

(Feb. 16, 2023) .......................................... App-409

Appendix G

Order [ruling on summary judgment motions] (D.

Ariz. ECF No. 534), United States District Court

for the District of Arizona, Mi Familia Vota, et al.

v. Adrian Fontes, et al.,

No. CV-22-00509-PHX-SRB

(Sep. 14, 2023) .......................................... App-466

viii

Appendix H

Consent Decree [LULAC consent decree] (Trial

Exh. 24), United States District Court for the District of Arizona, Mi Familia Vota, et al. v. Adrian

Fontes, et al.,

No. CV-22-00509-PHX-SRB

(Jun. 18, 2018) .......................................... App-522

Appendix I

Order [rehearing denied], United States Court of

Appeals for the Ninth Circuit, Mi Familia Vota,

et al. v. Adrian Fontes, et al.,

No. 24-3188, No. 24-3559, No. 24-4029

(Sep. 22, 2025) .......................................... App-546

Appendix J

Order in Pending Case [stay granted in part], Supreme Court of the United States, Republican

Nat. Comm., et al. v. Mi Familia Vota, et al.,

No. 24A164 (Aug. 22, 2024) ....................... App-583

Appendix K

Constitutional and Statutory Provisions .. App-585

United States Constitution:

Article I, §4, cl. 1 .................................. App-585

Article II, §1, cl. 3 ................................ App-586

52 U.S.C. §10101 Voting Rights ............. App-587

52 U.S.C. §20501 Findings and Purposes

............................................................... App-599

52 U.S.C. §20505 Mail Registration ....... App-600

52 U.S.C. §20506 Voter Registration Agencies

............................................................... App-602

ix

52 U.S.C. §20507 Requirements with Respect

to Administration of Voter Registration

............................................................... App-608

52 U.S.C. §20508 Federal Coordination and

Regulations ........................................... App-619

A.R.S. §16-121.01 Requirements for Proper

Registration; Violation; Classification. App-621

A.R.S. §16-123 Proof of Location of Residence

............................................................... App-626

A.R.S. §16-127 Federal Only Voters; Early Ballot Eligibility; Exemption ..................... App-627

A.R.S. §16-165 Causes for Cancellation; Report

............................................................... App-628

A.R.S. §16-166 Verification of Registration

............................................................... App-637

A.R.S. §12-1841 Parties; Notice of Claim of Unconstitutionality ..................................... App-643

Appendix L

AZ HB2243 ................................................. App-646

Appendix M

AZ HB2492 ................................................. App-663

x

TABLE OF AUTHORITIES

Cases

Abbott v. Perez,

585 U.S. 579 (2018)...................................... 3, 33, 36

Alexander v. South Carolina State Conference of the

NAACP,

602 U.S. 1 (2024).............................................. 32–34

Arizona v. Inter Tribal Council of Ariz., Inc.,

570 U.S. 1 (2013). 2, 6, 10, 12–16, 18–19, 24, 27, 30

Arlington Heights v. Metropolitan Housing

Development Corp.,

429 U.S. 252 (1977)..................................................3

Ayestas v. Davis,

584 U.S. 28 (2018).................................................. 15

Brnovich v. Democratic National Committee,

594 U.S. 647 (2021).................................. 3–4, 34–37

Bufkin v. Collins,

604 U.S. 369 (2025)................................................ 27

Carcieri v. Salazar,

555 U.S. 379 (2009)................................................ 27

City of S. Miami v. Governor,

65 F.4th 631 (11th Cir. 2023) ................................ 35

CSX Transp., Inc. v. Easterwood,

507 U.S. 658 (1993)................................................ 29

Doe v. Pataki,

481 F.3d 69 (2d Cir. 2007) ..................................... 22

Dunn v. Blumstein,

405 U.S. 330 (1972)................................................ 14

xi

Esteras v. United States,

606 U.S. 185 (2025)................................................ 15

FDA v. Brown & Williamson Tobacco Corp.,

529 U.S. 120 (2000)................................................ 18

Fish v. Kobach,

840 F.3d 710 (10th Cir. 2016) ............................... 15

Frew ex rel. Frew v. Hawkins,

540 U.S. 431 (2004)................................................ 24

Gonzalez v. Arizona,

485 F.3d 1041 (9th Cir. 2007) ............................... 14

Horne v. Flores,

557 U.S. 433 (2009).......................................... 23, 25

Husted v. A. Philip Randolph Institute,

584 U.S. 756 (2018)................................................ 32

Keith v. Volpe,

118 F.3d 1386 (9th Cir. 1997) ............................... 22

Kingdomware Technologies, Inc. v. United States,

579 U.S. 162 (2016)................................................ 31

League of United Latin American Citizens of Arizona

v. Reagan,

No. 2:17-cv-4102 (D. Ariz. 2018)

................................................ 6, 8, 12, 19, 22, 24–25

M’Culloch v. State of Maryland,

17 U.S. 316 (1819).................................................. 15

McDonald v. Bd. of Election Comm’rs. of Chicago,

394 U.S. 802 (1969)................................................ 29

Miller v. French,

530 U.S. 327 (2000).......................................... 20–21

xii

Milliken v. Bradley,

433 U.S. 267 (1977)................................................ 24

Moore v. Harper,

600 U.S. 1 (2023).................................................... 24

Oneok, Inc. v. Learjet, Inc.,

575 U.S. 373 (2015)................................................ 26

Pharmaceutical Research and Mfrs. of America v.

Walsh,

538 U.S. 644 (2003)................................................ 31

Plaut v. Spendthrift Farm, Inc.,

514 U.S. 211 (1995)................................................ 20

Rufo v. Inmates of the Suffolk Cnty. Jail,

502 U.S. 367 (1992).......................................... 21, 23

Sexton v. Beaudreaux,

585 U.S. 961 (2018)................................................ 37

Shoop v. Casanno,

142 S.Ct. 2051 (2022)............................................. 37

Sprietsma v. Mercury Marine, a Div. of Brunswick

Corp.,

537 U.S. 51 (2002).................................................. 29

St. Charles Tower, Inc. v. Kurtz,

643 F.3d 264 (8th Cir. 2011) ................................. 22

State ex rel. Napolitano v. Brown,

982 P. 2d 815 (Ariz. 1999) ..................................... 22

Sw. Airlines Co. v. Saxon,

596 U.S. 450 (2022)................................................ 16

Sys. Fed’n No. 91, Ry. Emp. Dept., AFL-CIO v.

Wright,

364 U.S. 642 (1961)................................................ 21

xiii

Texas v. United States,

809 F.3d 134 (5th Cir. 2015) ................................. 35

Utility Air Regulatory Group v. EPA,

573 U.S. 302 (2014)................................................ 17

Virginia Uranium, Inc. v. Warren,

587 U.S. 761 (2019).................................... 28, 30–32

Yates v. United States,

574 U.S. 528 (2015)................................................ 15

Constitutional Provisions, Statutes, and Rules

U.S. Const., Art. I .................................................. 5, 24

U.S. Const., Art. II ......................................................5

U.S. Const., Amdt. XIV, §1 .........................................4

18 U.S.C. §611 ........................................................... 14

18 U.S.C. §1815 ......................................................... 14

28 U.S.C. §1254 ...........................................................4

52 U.S.C. §10101 ................................................. 5, 8–9

National Voter Registration Act of 1993,

52 U.S.C. §20501, et seq.

......................................... 1–3, 6, 8–9, 11–13, 15–18,

21, 24–26, 28–29, 31–32

52 U.S.C. §20501 ............................................... 1, 5, 31

52 U.S.C. §20503 ....................................................... 30

52 U.S.C. §20504 ................................................. 15, 30

52 U.S.C. §20505 ......... 5, 12–13, 17–18, 26–27, 29–30

52 U.S.C. §20506 ....................................... 5, 16, 18, 30

52 U.S.C. §20507 ............................................... 5, 9, 30

xiv

52 U.S.C. §20508 ............... 5, 11–12, 17, 19, 22, 24, 30

Ariz. Const. art. V, §9 ................................................ 22

Ariz. Const. art. VII, §2 ............................................. 11

Ariz. H.B. 2243 ............................... 3, 7–10, 33, 35, 37

Ariz. H.B. 2492 ...................................................... 7–10

Ariz. Rev. Stat. §12-1841 ............................................5

Ariz. Rev. Stat. §16-121.01 ..... 1, 2, 5, 9, 11, 20, 27, 28

Ariz. Rev. Stat. §16-123 .................................... 1, 5, 11

Ariz. Rev. Stat. §16-127 .............................. 1, 5, 26, 29

Ariz. Rev. Stat. §16-166 .......................................... 1, 5

Ariz. Rev. Stat. §16-542 ........................................ 6, 28

Ariz. Rev. Stat. §16-548 ..............................................6

Ariz. Rev. Stat. §16-565 ..............................................5

Ariz. Rev. Stat. §16-566 ..............................................5

Ariz. Rev. Stat. §41-1080 ............................................5

Fed. R. Civ. P. 60 ....................................................... 25

Other Authorities

Ariz. Att’y. Gen. Op. I13-011 ......................................6

BLACK’S LAW DICTIONARY (12th ed. 2024) ................ 16

John C. Fortier & Norman J. Ornstein, The Absentee

Ballot and the Secret Ballot: Challenges for

Election Reform,

36 UNIV. MICH. J. L. REF. 483 (2003) .................... 28

MERRIAM-WEBSTER DICTIONARY ............................... 17

INTRODUCTION

In the words of one of the eleven Ninth Circuit

judges who dissented from its refusal to rehear this

case en banc, the panel opinion “is profoundly wrong,”

“ignores Supreme Court precedent,” and “does a grave

injustice to republican government.” App. 581 (Nelson,

J., dissenting from denial of rehearing en banc).

This Court’s review is warranted for two reasons:

First, the Ninth Circuit’s decision reinvents the National Voter Registration Act of 1993, 52 U.S.C.

§20501, et seq. (NVRA), into a sweeping federal election administration code that subsumes state-specific

modes of registration and dictates methods of ballot

distribution and casting. This regulatory colossus

bears no resemblance to the text that Congress

adopted, the objectives that Congress articulated, or

this Court’s modest conception of the NVRA as simply

providing a “backstop” for registering to vote in federal elections.

For more than two decades, Arizona has required

“satisfactory evidence of United States citizenship” to

register to vote in state elections. Ariz. Rev. Stat. §16166(F). A set of reforms adopted in 2022 required local

elections officials to “reject” any state-specific voter

registration form that lacks proof of citizenship. Id.

§16-121.01(C). The 2022 law also added a proof of residence mandate. Id. §16-123. And it denied the privilege of voting by mail to registrants who have not provided proof of citizenship. Id. §16-127(A)(2). App. 663–

83. The Ninth Circuit invalidated these provisions of

the 2022 reforms.

2

This Court already signaled to the Ninth Circuit

that it was embarking on a dubious path. In August

2024, it stayed the district court’s injunction against

Ariz. Rev. Stat. §16-121.01(C)—which requires elections officials to “reject” any Arizona state registration

form submission that lacks documentary proof of citizenship. App. 583. The Ninth Circuit “should have

taken the hint.” App. 122 (Bumatay, J., dissenting).

Instead, two judges proceeded to hold that the NVRA

precludes Arizona from requiring on its own registration form proof of citizenship and residence to register

to vote in federal elections. App. 60–62. And with respect to proof of citizenship, the panel majority proclaimed the Arizona Legislature bound by a 2018 consent decree approved by the then-Secretary of State,

which prohibits rejecting state form submissions that

lack proof of citizenship. App. 57–60.

In imputing to the NVRA such expansive preemptive breadth, the panel majority “mangle[d]” the relevant case law and “ignored” this Court’s explicit admonition that “state-developed [registration] forms

may require information” such as “proof-of-citizenship,” Arizona v. Inter Tribal Council of Ariz., Inc., 570

U.S. 1, 12 (2013). App. 556 (Nelson, J., dissenting from

denial of rehearing en banc). And in perpetually subordinating the Arizona Legislature—the locus of sovereignty in Arizona state government—to the dead

hand of a third party’s long-ago litigation decisions,

the panel majority “defac[ed] the carefully constructed

separation of powers designed by our eminent forebearers.” App. 568 (Nelson, J., dissenting from denial

of rehearing en banc).

3

The Ninth Circuit’s creative rendering of the

NVRA’s preemptive scope did not stop there. The

court became the first to hold—some three decades after the statute’s adoption—that it is not confined to

the discrete matter of voter registration. According to

the Ninth Circuit, the NVRA also constrains the

States in regulating methods of distributing and returning ballots. This remarkable reallocation of power

over election administration finds no sustenance in

the NVRA’s text, and reengineers the NVRA into a

cudgel for displacing States’ reasonable limitations on

voting procedures.

Second, the Ninth Circuit’s appraisal of the Arizona

Legislature’s intent in enacting H.B. 2243—a related

law that requires elections officials to check databases

for potential non-citizen and non-resident voters—

resurrected the same reasoning that this Court repudiated in Brnovich v. Democratic National Committee,

594 U.S. 647 (2021). As in Brnovich, the district court

here presided over a lengthy trial, carefully assessed

the credibility of multiple expert witnesses, and exhaustively analyzed the factors that this Court in Arlington Heights v. Metropolitan Housing Development

Corp., distilled as indicia of legislative intent. 429 U.S.

252 (1977). As in Brnovich, the district court concluded that the plaintiffs had failed to discharge their

burden of proving an invidious legislative motive—a

finding that “had ample support in the record.” Brnovich, 594 U.S. at 687. And then, as in Brnovich, the

Ninth Circuit went its own way. Disregarding “the

presumption of legislative good faith,” Abbott v. Perez,

585 U.S. 579, 607 (2018), that anchors the plaintiffs’

evidentiary burden, the panel supplanted the district

4

court’s reasoned assessment of the evidence with its

own. Its deviation from the analytical framework set

forth in Brnovich was so pervasive and palpable that

summary reversal is appropriate.

OPINIONS BELOW

The Ninth Circuit’s panel opinion is reported at 129

F.4th 691 and is reproduced in the Appendix at App.

1–181. The Ninth Circuit’s order denying a rehearing

en banc is reported at 152 F.4th 1153, and is reproduced in the Appendix at App. 546–582. The District

of Arizona’s findings and conclusions are reported at

719 F. Supp. 3d 929, and is reproduced in the Appendix at App. 182–354.

JURISDICTION

The Ninth Circuit’s judgment was entered on February 25, 2025. The Ninth Circuit denied en banc rehearing on September 22, 2025. Justice Kagan extended the time to petition for certiorari until February 19, 2026. This Court has jurisdiction under 28

U.S.C. §1254(1).

CONSTITUTIONAL AND

STATUTORY PROVISIONS INVOLVED

U.S. Const., Amdt. XIV, §1 states:

All persons born or naturalized in the

United States, and subject to the jurisdiction thereof, are citizens of the United

States and of the State wherein they reside. No State shall make or enforce any

law which shall abridge the privileges or

immunities of citizens of the United

5

States; nor shall any State deprive any

person of life, liberty, or property, without due process of law; nor deny to any

person within its jurisdiction the equal

protection of the laws.

Relevant parts of U.S. Const., Arts. I and II, 52

U.S.C. §§10101, 20501, 20505, 20506, 20507, 20508,

Ariz. Rev. Stat. §§16-121.01, 16-123, 16-127, 16-565,

16-566, and 12-1841 are reproduced in the Appendix

at App. 585–683.

STATEMENT OF THE CASE

I.

Factual Background

An eligible person can register to vote in Arizona by

using the federal form promulgated by the U.S. Election Assistance Commission (EAC) or the state form

prescribed by Arizona law. In 2004, the Arizona electorate adopted a statute requiring “satisfactory evidence of United States citizenship” to register to vote.

Ariz. Rev. Stat. §16-166(F). Arizona has since 1996 required proof of lawful presence to obtain a driver’s license or other state-issued ID. Id. §41-1080. Voter registration applicants can satisfy the proof of citizenship

requirement by providing their license or ID number,

which is cross-checked against data maintained by

the Arizona Department of Transportation (ADOT).

Id. §16-166(F)(1). Other acceptable forms of proof of

citizenship include a birth certificate, “pertinent

pages” of a U.S. passport, a naturalization certificate

or number, and certain tribal documents. Id. §16166(F)(2)-(6).

6

In 2013, this Court held that the NVRA prohibited

Arizona from requiring federal form applicants to provide proof of citizenship when registering to vote in

federal elections. Inter Tribal Council, 570 U.S. at 20.

Since Inter Tribal Council, Arizona has registered federal form applicants who do not supply proof of citizenship as “federal-only” voters; they are eligible to

vote only in federal races. See Ariz. Att’y. Gen. Op.

I13-011. As of July 2023, Arizona had 19,439 active

registered federal-only voters. App. 24.

In 2018, the then–Secretary of State entered into a

consent decree in League of United Latin American

Citizens of Arizona v. Reagan, No. 2:17-cv-4102 (D.

Ariz. 2018) (LULAC Consent Decree). The LULAC

Consent Decree provides that when a state form submission is not accompanied by proof of citizenship, the

county recorder must search ADOT records. If citizenship can be confirmed, the applicant is registered as a

full-ballot voter; if it cannot be confirmed, the applicant is registered as a “federal-only” voter. App. 522–

545.

Since 1991, Arizona has permitted no-excuse absentee voting. The early voting period begins 27 days

prior to the election. Ariz. Rev. Stat. §16-542(C). Early

ballots are distributed by mail and may be returned

(either by mail or by personal delivery to a designated

location by the voter or legally authorized third party)

until 7:00 P.M. on Election Day. Id. §§16-548(A), 161005(H)-(I). In-person early voting is available

through the Friday prior to the election, with additional availability in the ensuing three days for voters

facing emergencies. Id. §16-542(A), (E), (H).

7

In 2022, the Legislature passed, and the Governor

signed, H.B. 2492, which included the following

changes to Arizona’s voter registration laws:

•

Applicants who have not provided proof of citizenship may not vote for president or by mail;

•

State form submissions that lack proof of citizenship must be rejected;

•

State form applicants must provide proof of residence, disclose their birthplace, and check a

box confirming their citizenship.

App. 663–683.

A related bill adopted during the same session, H.B.

2243, provides that the county recorders, who are responsible for maintaining voter registrations, must:

•

check the Systematic Alien Verification for Entitlements (SAVE) program maintained by the

U.S. Citizenship and Immigration Services if a

voter is registered as federal-only or if they

have “reason to believe” a voter is not a citizen;

•

periodically check available databases, including SAVE, ADOT, the Social Security Administration, and the National Association for Public Health Statistics and Information Systems,

to research the citizenship status of federalonly voters and, if appropriate, cancel their registrations; and

•

periodically check ADOT records and juror

questionnaire responses to identify registrants

who may not reside in Arizona and, if appropriate, cancel their registrations.

8

App. 646–662.

II.

Procedural History

Various plaintiffs immediately challenged H.B.

2492 and H.B. 2243 under the NVRA, the Fourteenth

and Fifteenth Amendments, the Civil Rights Act of

1964, and the Voting Rights Act of 1965. The district

court consolidated the actions. The district court resolved some of the claims on cross-motions for summary judgment in September 2023. App. 466–521. After a nine-day bench trial in late 2023, the district

court issued rulings in February 2024 that resolved

the remaining claims, and entered a final judgment in

May 2024. App. 182–361. The district court concluded

that:

•

Section 6 of the NVRA, which requires States

to “accept and use” either the federal form or a

compliant state form to register in federal elections, preempted the provisions of H.B. 2492

prohibiting federal-only voters from voting for

president or by mail;

•

State form submissions without proof of citizenship must be processed in accordance with the

LULAC Consent Decree, and state form registrants without proof of residence likewise must

be registered as “federal-only” voters;

•

The state form’s mandatory birthplace field and

citizenship confirmation checkbox violate the

Materiality Provision of the Civil Rights Act, 52

U.S.C. §10101(a)(2)(B), because they are not

“material” in determining a voter’s qualifications;

9

•

The use of SAVE if a recorder has “reason to

believe” a voter is a non-citizen violates 52

U.S.C. §10101(a)(1), which prohibits discriminatory voting-related “standards, practices, or

procedures,” and Section 8(b) of the NVRA,

which requires list maintenance programs to be

“uniform, [and] nondiscriminatory,” 52 U.S.C.

§20507(b)(1);

•

H.B. 2243’s list maintenance programs violate

Section 8(c) of the NVRA to the extent they authorize “systematic[]” registration cancelations

within 90 days preceding a federal election, see

52 U.S.C. §20507(c)(2); and

•

The Arizona Legislature was not motivated by

an intent to discriminate on the basis of national origin when it adopted H.B. 2243.

App. 182–354. The district court enjoined the enforcement of the provisions of H.B. 2492 and H.B. 2243

that are inconsistent with the foregoing findings. App.

355–361.

The petitioners, the Republican National Committee, and the Attorney General filed timely notices of

appeal. Certain plaintiffs filed a cross-appeal on their

intentional discrimination claim. On July 18, 2024, a

Ninth Circuit motions panel unanimously granted a

stay of the district court’s injunction to the extent it

blocked enforcement of Ariz. Rev. Stat. §16-121.01(C),

which requires county recorders to “reject” state form

applications without proof of citizenship. App. 362–65.

Days later, a different panel lifted the stay on a 2-1

vote. App. 366–408. This Court then stayed the injunction against §16-121.01(C) on August 22, 2024.

10

App. 583. Three Justices also would have permitted

enforcement of H.B. 2492’s provisions that prohibit

registrants who lack proof of citizenship from voting

for presidential electors or voting by mail. Id.

On February 25, 2025, the Ninth Circuit reversed

the district court’s finding that H.B. 2243 was not motivated by discriminatory animus, but otherwise affirmed the judgment. Judge Bumatay agreed with the

majority’s invalidation of the checkbox requirement

and the “reason to believe” provision, but otherwise

dissented. App. 1–181. On September 22, 2025, the

Ninth Circuit denied the petitioners’ motion for a rehearing en banc; eleven judges dissented. App. 546–

582.

REASONS FOR GRANTING THE PETITION

The stark and substantial fissures that this case

catalyzed in the Ninth Circuit—eleven judges supported, often in forceful and impassioned terms, a rehearing en banc—bespeak its importance. In blocking

Arizona from requiring proof of citizenship and residence for those who use its state-specific registration

form to register to vote in federal elections, the lower

courts distended the NVRA’s plain text, disregarded

Inter Tribal Council, and displaced the Arizona Legislature’s sovereign authority in state government. In

holding that the NVRA’s preemptive ambit is not limited to voter registration but also threatens State laws

regulating methods of voting, the Ninth Circuit upended the balance of federal-state authority over elections. And in imputing clear error to the district

court’s careful conclusions on questions of legislative

intent, the Ninth Circuit “essentially flip[ped] the

strong presumption of good faith . . . and require[d]

11

the State to disprove any discriminatory motive.” App.

162 (Bumatay, J., dissenting).

This case, which comes to the Court on a non-expedited basis and underpinned by a comprehensive evidentiary record, offers an ideal vehicle for clarifying

the NVRA’s preemptive scope, affirming that federal

consent decrees cannot perpetually paralyze state legislative bodies, and vindicating the presumption of

legislative good faith.

I.

The Decision Below Is Irreconcilable

with Inter Tribal Council and

Unconstitutionally Subordinates State

Legislatures to Federal Consent Decrees

Arizona’s constitutional government, like that of

virtually every State, is constructed on the premise

that only “citizen[s] of the United States” and bona

fide residents may participate in its elections. Ariz.

Const. art. VII, §2(A). To ensure that this parchment

guarantee is realized in election administration, Arizona requires elections officials to reject any state

form submission that lacks documentary proof of citizenship or documentary proof of Arizona residence.

Ariz. Rev. Stat. §§16-121.01(C), 16-123.

According to the Ninth Circuit, proof of citizenship

and residence are not “necessary to enable the appropriate State election official to assess the eligibility of

the applicant and to administer voter registration and

other parts of the election process” under Section 9 of

the NVRA, 52 U.S.C. §20508(b)(1), and hence cannot

be prerequisites to registering to vote in federal elections. In the case of proof of citizenship, the Ninth Circuit added that Ariz. Rev. Stat. §16-121.01(C) is

12

superseded by the LULAC Consent Decree, which requires county recorders to accept state forms that lack

proof of citizenship and register the applicants as “federal-only” voters.

The Ninth Circuit derogated the NVRA’s careful

dispersion of authority between federal and state actors, and countenanced the constriction of core state

legislative powers through third parties’ litigation settlement agreements. If left uncorrected, these errors

will carry repercussions far beyond the confines of this

case.

A. Documentary Proof of Citizenship and

Residence Are Necessary to Determine

a Prospective Voter’s Eligibility

Citing Arizona’s proof of citizenship mandate as an

example, this Court has recognized that “state-developed [registration] forms may require information”

beyond that demanded by the federal form. Inter

Tribal Council, 570 U.S. at 12. The NVRA “erected a

complex superstructure of federal regulation atop

state voter-registration systems.” Id. at 5. To that end,

the NVRA contemplates two species of mail-in registration forms. The first is the so-called “federal form”

promulgated by the EAC, which the States must “accept and use” to register voters in federal elections. 52

U.S.C. §§20505(a)(1), 20508(a)(2). Section 9 of the

NVRA enumerates certain basic informational items

that the federal form “shall include”—among them, a

sworn affirmation of citizenship. 52 U.S.C. §20508(b).

The EAC also may incorporate into the federal form

any additional informational elements that are “necessary to enable the appropriate State election official

to assess the eligibility of the applicant and to

13

administer voter registration and other parts of the

election process.” Id. The States cannot unilaterally

append onto the federal form their own bespoke mandates or supplements. Inter Tribal Council, 570 U.S.

at 20.

The NVRA also authorizes a second variant of a

mail registration form—to wit, that “develop[ed] and

use[d]” by a State to register voters in federal elections.

52 U.S.C. §20505(a)(2). A state form is NVRA-compliant if it “meets all of the criteria stated in [Section

9(b)].” Id. In other words, the same rubric in Section

9(b) governs the permissible parameters of both the

federal form and the state forms. But their specific

content is determined by different actors—i.e., the

EAC and state legislatures, respectively. The NVRA

thus tempers a nationwide voter registration regime

with deference to federalism and regulatory latitude

to adapt state forms to evolving policy needs. Under

this bifurcated system, “States retain the flexibility to

design and use their own registration forms, but the

Federal Form provides a backstop.” Inter Tribal Council, 570 U.S. at 12.

14

1.

Documentary proof of citizenship and residence are,

almost by definition, “necessary” to verify the eligibility criteria to which they correspond. Only United

States citizens may lawfully register to vote in federal

elections. 18 U.S.C. §§611, 1815(f). And States undisputedly may limit the franchise in federal and state

elections to their bona fide residents. Dunn v. Blumstein, 405 U.S. 330, 343–44 (1972). It requires no great

exegetical or logical feats to conclude that (for example) a birth certificate or U.S. passport may be “necessary” to validate a registrant’s assertion of citizenship.

That undoubtedly is why this Court cited Arizona’s

“proof-of-citizenship requirement” as an “example” of

how Section 9 allows “state-developed forms [to] require information the Federal Form does not.” Inter

Tribal Council, 570 U.S. at 12. It also is why a different panel of the Ninth Circuit previously had no trouble agreeing that Section 9 “plainly allow[s] states, at

least to some extent, to require their citizens to present evidence of citizenship when registering to vote.”

Gonzalez v. Arizona, 485 F.3d 1041, 1050–51 (9th Cir.

2007).

Avoiding any substantive engagement with Inter

Tribal Council on this point, the Ninth Circuit decreed documentary proof of citizenship and residence

to be “not ‘essential’” to determining voting eligibility

because registrants already provide sworn attestations of their qualifications. App. 46, 60–61. To begin

with, the Ninth Circuit’s conclusory equation of “necessary” with “essential” is unpersuasive. “The word

‘necessary’ . . . has not a fixed character, peculiar to

itself. . . . A thing may be necessary, very necessary,

15

absolutely or indispensably necessary. To no mind

would the same idea be conveyed by these several

phrases.” M’Culloch v. State of Maryland, 17 U.S. 316,

414 (1819). Indeed, in some settings, “necessary”

means “merely helpful and appropriate.” Ayestas v.

Davis, 584 U.S. 28, 44 (2018).

A contextual assessment of the word “necessary”

further corrodes the Ninth Circuit’s “essentiality” construction. See generally Esteras v. United States, 606

U.S. 185, 195 (2025) (analyzing “[t]he statutory structure” and “[n]eighboring provisions” in interpretive

inquiry). Section 5 of the NVRA confines forms used

at States’ motor vehicle authorities to register voters

for federal elections to “only the minimum amount of

information necessary” to ascertain an applicant’s eligibility. 52 U.S.C. §20504(c)(2)(B). The addition of the

qualifier “minimum” imbues “necessary” as it is used

in Section 5 with a different (and more stringent) complexion than “necessary” as it is used in Section 9.

Fish v. Kobach, 840 F.3d 710, 733 (10th Cir. 2016) (acknowledging that “Section 5 establishes a stricter

principle than that applied in Inter Tribal . . . under

section 9.”); see also Yates v. United States, 574 U.S.

528, 537 (2015) (noting that “[t]he same words, placed

in different contexts, sometimes mean different

things”).

Finally, the Ninth Circuit’s “essentiality” criterion

is incompatible with Inter Tribal Council. This Court

easily recognized Arizona’s proof of citizenship requirement as an obvious “example” of Section 9’s

proper application. 570 U.S. at 12. It did not tarry over

evidentiary showings or advert to notions of meansend fit. Consistent with its conception of the NVRA as

16

securing a dualist, federal-state voter registration “superstructure,” id. at 5, the Court implicitly but clearly

embraced the more flexible and functionalist connotation of “necessary.”

A holistic assessment of Section 9’s text, the

NVRA’s structure, and Inter Tribal Council thus corroborates Judge Bumatay’s conclusion that “there’s no

reason to read ‘necessary’ information as meaning

only the bare minimum amount of information.” App.

131. Because documentary evidence of citizenship and

residence are “necessary” to verifying those qualifications, the NVRA allows Arizona to mandate them on

its state-specific registration form.

2.

A corollary of the Arizona state form’s compliance

with Section 9 is that it may be distributed in public

assistance agencies because it is “equivalent” to the

federal form. Section 7 of the NVRA provides that

public assistance agencies must make available either

the federal form or “the office’s own form if it is equivalent

to”

the

federal

form.

52

U.S.C.

§20506(a)(6)(A)(ii).

The Ninth Circuit erred in construing “equivalent”

to mean “virtually identical.” App. 61–62. Because the

NVRA does not define “equivalent,” courts should interpret the word “according to its ‘ordinary, contemporary, common meaning.’” Sw. Airlines Co. v. Saxon,

596 U.S. 450, 455 (2022) (cleaned up). In both common

and legal usage, “equivalent” can carry two distinct

valences. It can mean “equal in value, force, amount,

effect, or significance.” BLACK’S LAW DICTIONARY (12th

ed. 2024) (defining “equivalent”). Or it can denote

17

parity in a strict and literal sense. Id. (secondary definition of “nearly equal; virtually identical”); see also

MERRIAM-WEBSTER DICTIONARY (offering multiple

definitions of “equivalent,” including “like in signification or import” and “corresponding or virtually identical especially in effect or function”).

The question of which variation aligns with Congress’ intent is “clarified by the remainder of the statutory scheme . . . because only one of the permissible

meanings produces a substantive effect that is compatible with the rest of the law.” Util. Air Regulatory

Grp. v. EPA, 573 U.S. 302, 321 (2014) (cleaned up). As

discussed supra, the NVRA contemplates two types of

forms for registering voters in federal elections: the

federal form promulgated by the EAC and the bespoke

state form devised by each State through its respective legislative and administrative processes. 52

U.S.C. §20505(a)(1)-(2). But Section 9 furnishes a

common denominator for both forms’ permissible content. Id. §§20505(2), 20508(b). The NVRA thus accords equal status to both forms in virtually every registration-related context. Either form “shall be accepted and used for notification of a registrant’s

change of address.” Id. §20505(a)(3). And States must

make either or both forms “available for distribution

through governmental and private entities.” Id.

§20505(b). The unmistakable import is that, while the

federal form and the state forms are (by definition) not

identical, they are legally and functionally equivalent

to each other.

The Ninth Circuit’s literalist interpretation hence is

dissonant with the NVRA’s overall structure, as well

as common sense. As Judge Bumatay observed, it

18

would “be odd if Congress gave States the flexibility to

create their own form in §20505(a) but then took away

all that freedom through the ‘public assistance agencies’ provision of §20506(a)(6)(A)” unless the state

form is identical to the federal form in all respects except (perhaps) formatting. App. 137. It is similarly inexplicable that Congress would generally mandate the

availability and distribution of both federal and state

forms, especially “for organized voter registration programs,” 52 U.S.C. §20505(b), yet confine public assistance agencies to only the federal form (or a state-produced carbon copy of it).

In sum, the Court should opt for the construction of

“equivalent” that renders the NVRA “a symmetrical

and coherent regulatory scheme.” FDA v. Brown &

Williamson Tobacco Corp., 529 U.S. 120, 133 (2000)

(cleaned up). A state form that complies with Section

9, as Arizona’s state form does, is “equivalent” to the

federal form.

3.

The Ninth Circuit’s “mangl[ing]” of the NVRA undermines Arizona’s ability to safeguard its elections

from illegal voting by non-citizens and non-residents.

App. 556 (Nelson, J., dissenting from denial of rehearing en banc). More broadly, it distorts the dichotomous

voter registration structure that Congress envisioned,

and diminishes the principles of federalism that animated it. Congress’ objective was not to displace the

States in prescribing the means and methods of registering to vote in federal elections. Rather, it sought

only to create “a backstop: No matter what procedural

hurdles a State’s own form imposes, the Federal Form

guarantees that a simple means of registering to vote

19

in federal elections will be available.” Inter Tribal

Council, 570 U.S. at 12. The Ninth Circuit’s opinion

bulldozes this carefully wrought “superstructure.” Id.

at 5. In its place, the Ninth Circuit reinvented the federal form as a Procrustean monolith to which every

state form must rigidly conform, if it is to be used to

register voters in federal elections.

This is a serious error. Section 9 guarantees that

“States retain the flexibility to design and use their

own registration forms.” Id. at 12. To that end, States

may reasonably conclude, as Arizona did, that a boilerplate attestation of eligibility is an inadequate cordon to protect its elections, and that documentary corroboration of an applicant’s citizenship and residence

is “necessary to enable” an assessment of the applicant’s eligibility. 52 U.S.C. §20508(b)(1). In mandating that Arizona must accept defective state form submissions that lack proof of citizenship or residence

and register such applicants to vote in federal elections, the Ninth Circuit’s decision is “incorrect and

consequential.” App. 582 (Bress, J., dissenting from

denial of rehearing en banc).

B. State Legislatures’ Lawmaking

Powers Cannot Be Bargained Away in

Federal Consent Decrees

The Ninth Circuit blocked Arizona’s proof of citizenship requirement for state form registrants on the alternative grounds that it violated the LULAC Consent

Decree, which required that state form applicants who

lack documentary proof of citizenship be registered to

vote in federal elections. App. 57–60. In holding that

a former Secretary of State’s litigation decisions

shackle the Arizona Legislature’s constitutional

20

authority to make laws regulating elections in the

State, the Ninth Circuit acted “extrajudicially” and inflicted “great[] damage to the separation of powers.”

App. 568 (Nelson, J., dissenting from denial of rehearing en banc).

1.

The crux of the Ninth Circuit’s (sparse) reasoning

was that there is “no authority suggesting that Arizona’s state legislature may permissibly nullify a final

judgment entered by an Article III court.” App. 59. In

enacting Ariz. Rev. Stat. §16-121.01(C), however, the

Arizona Legislature did not retroactively “nullify” any

Article III court’s adjudication of a question of federal

law. Rather, it prospectively changed a state statute

to codify a policy that no court had ever found inconsistent with federal law.

That distinction, which the Ninth Circuit confounded, demarcates the perimeter separating the judicial sphere from the legislative. A “retroactive command that federal courts reopen final judgments” contravenes Article III. Miller v. French, 530 U.S. 327,

344 (2000) (citing Plaut v. Spendthrift Farm, Inc., 514

U.S. 211, 218–19 (1995)). Thus, Arizona likely could

not retroactively revoke voter registrations that had

been accepted and effectuated under the LULAC Consent Decree’s provisions. See Plaut, 514 U.S. at 227

(observing that a legislature “may not declare by retroactive legislation that the law applicable to that very

case was something other than what the courts said it

was”).

By contrast, when a legislative body “changes the

law underlying a judgment awarding prospective

21

relief, that relief is no longer enforceable to the extent

it is inconsistent with the new law.” Miller, 530 U.S.

at 347; see also Rufo v. Inmates of the Suffolk Cnty.

Jail, 502 U.S. 367, 388 (1992) (agreeing that “modification of a consent decree may be warranted when the

statutory or decisional law has changed to make legal

what the decree was designed to prevent”). That is because prospective remedies ordained by a consent decree are subordinate to the statutes on which they are

predicated. See Sys. Fed’n No. 91, Ry. Emp. Dept.,

AFL-CIO v. Wright, 364 U.S. 642, 651 (1961) (recognizing that “parties cannot, by giving each other consideration, purchase from a court of equity a continuing injunction”). When those statutes are changed, the

consent decree’s prospective force is extinguished, to

the extent it is inconsistent with the new law. The

Ninth Circuit’s position that litigants can calcify a

specific legal status quo that trumps future amendments to the underlying statutes contradicts this

Court’s precedents and “poses serious constitutional

concerns.” App. 563 (Nelson, J., dissenting from denial

of rehearing en banc).

That the operative change in the law here was precipitated by the Arizona Legislature and not Congress

is immaterial. If anything, it only amplifies the constitutional perils of the Ninth Circuit’s decision by

compounding a separation of powers violation with a

corrosion of federalism. To begin with, the NVRA itself allows States to revise and update their mail registration forms to mandate any information “necessary to enable the appropriate State election official to

assess the eligibility of the applicant and to administer voter registration and other parts of the election

22

process.” 52 U.S.C. §20508(b)(1). This open-ended language contemplates contextual and variable policy

judgments; that a given item of information (such as

proof of citizenship) may be deemed not “necessary” at

one point in time does not foreclose a State from reaching a different determination at another time and in

other circumstances.

More generally, federal courts “have only the most

limited role when determining whether a state has

surrendered [in a consent decree] some inherent authority, such as its authority to modify state statutory

law.” Doe v. Pataki, 481 F.3d 69, 78 (2d Cir. 2007). Under Arizona’s constitution, “the legislature ‘has all

power not expressly prohibited or granted to another

branch of the government.” State ex rel. Napolitano v.

Brown, 982 P. 2d 815, 817 (Ariz. 1999) (cleaned up).

By contrast, the Secretary of State possesses only

those powers affirmatively conferred by law. Ariz.

Const. art. V, §9. Even if the Secretary could permissibly approve the LULAC Consent Decree to resolve

discrete claims brought by particular parties, the Secretary did not—and could not—bargain away the Arizona Legislature’s sovereign authority to prospectively change the statutes governing its state-specific

voter registration form. See Keith v. Volpe, 118 F.3d

1386, 1393 (9th Cir. 1997) (holding that parties to a

consent decree “could not agree to terms which would

exceed their authority and supplant state law”); St.

Charles Tower, Inc. v. Kurtz, 643 F.3d 264, 268 (8th

Cir. 2011) (“While parties can settle their litigation

with consent decrees, they cannot agree to ‘disregard

valid state laws.’” (cleaned up)). No federal consent decree can reorder a State government’s constitutional

23

structure; the Ninth Circuit erred consequentially in

holding otherwise. 1

2.

The Ninth Circuit’s decision reifies the constitutional hazards that occur when a consent decree is

converted from an adjudication of particular parties’

legal rights at a specific moment in time into a quasipermanent public policy diktat. This Court has long

recognized those dangers, especially in the context of

so-called “institutional reform litigation,” in which

consent decrees can “reach beyond the parties involved directly in the suit and impact on the public’s

right to the sound and efficient operation of its institutions.” Rufo, 502 U.S. at 381 (cleaned up). By effectively codifying a specific policy disposition that

may—or may not—be mandated by federal law, such

consent decrees risk enervating democratic accountability. See Horne v. Flores, 557 U.S. 433, 449 (2009)

(“‘Where ‘state and local officials inherit overbroad or

outdated consent decrees . . . they are constrained in

their ability to fulfill their duties as democraticallyelected officials.” (cleaned-up)).

Relatedly, consent decrees that dictate state policies on matters of broad public interest “often raise

sensitive federalism concerns.” Id. at 448. Elected representatives in a State “must be presumed to have a

high degree of competence in deciding how best to discharge their governmental responsibilities,” and their

1 The Ninth Circuit’s rationalization that the Arizona Legisla-

ture is still free to enact effectively unenforceable statutes “neuter[s] the Arizona Legislature by sophistry.” App. 128 (Bumatay,

J., dissenting).

24

familiarity with local exigencies can beget “new insights and solutions.” Frew ex rel. Frew v. Hawkins,

540 U.S. 431, 442 (2004). Consent decrees that impair

State officials’ latitude to innovate and adapt policy

solutions disrupt the constitutional equilibrium between federal and state governments.

Two attributes of the LULAC Consent Decree magnify these problems. First, it constricts authority that

the federal Constitution expressly reserves to the Arizona Legislature. Article I, §4 “‘imposes’ on state legislatures the ‘duty’ to prescribe rules governing federal elections.” Moore v. Harper, 600 U.S. 1, 9 (2023)

(quoting Inter Tribal Council, 570 U.S. at 8). And

state legislatures prescribe the “qualifications” requisite to voting in congressional elections. U.S. Const.,

Art. I, §2; cf. Inter Tribal Council, 570 U.S. at 17 n. 9

(declining to decide whether “registration” could itself

constitute a “qualification”). In this vein, the NVRA

preserves state legislatures’ prerogative to require

any information “necessary” to verifying eligibility to

register to vote in federal elections. 52 U.S.C.

§20508(b)(1). And the LULAC court never adjudicated

Arizona’s proof of citizenship mandate for state form

registrants to be inconsistent with the NVRA or any

other federal law. See Milliken v. Bradley, 433 U.S.

267, 282 (1977) (“[F]ederal-court decrees exceed appropriate limits if they are aimed at eliminating a condition that does not violate the Constitution or does

not flow from such a violation”). The Ninth Circuit’s

holding that litigants in a single case can, via a contractual agreement, indefinitely curtail a legislative

body’s constitutional power is as untenable as it is

novel.

25

Second, the Arizona Legislature is not, and never

was, a party to the LULAC Consent Decree. It is problematic enough when a federal consent decree purports to “bind state and local officials to the policy

preferences of their predecessors.” Horne, 557 U.S. at

449. But here, the Ninth Circuit held that a former

Secretary of State could also bind coordinate branches

of Arizona state government that never participated

in the consent decree’s negotiation or agreed to its

terms. When “different state actors” disagree concerning a consent decree’s validity, “federalism concerns

are elevated.” Id. at 452. And, as a non-party, the Arizona Legislature lacks any procedural vehicle to challenge the LULAC Consent Decree in that proceeding.

See Fed. R. Civ. P. 60(b) (permitting only “a party or

its legal representative” to seek relief from a judgment).

In short, the Ninth Circuit’s conclusion that the Arizona Secretary of State can unilaterally abrogate the

Arizona Legislature’s constitutional authority to regulate voter registration in the State is irreconcilable

with principles of federalism, separation of powers,

and democratic accountability.

II.

The NVRA Does Not Preempt State Laws

That Regulate Voting Methods

As its title conveys, the NVRA establishes methods

for eligible individuals to register to vote in federal

elections. It does not—and in its 33-year existence

never previously had been understood to—limit the

States’ authority over voting methods and procedures.

Arizona does not permit “federal-only” voters—i.e.,

voters who have not provided documentary proof of

citizenship—to receive early ballots by mail. Ariz. Rev.

26

Stat. §16-127(A)(2). These individuals may still vote

early ballots in-person at sites designated by the

county recorder, and likewise may cast ballots (for federal offices only) at polling locations on Election Day.

In holding that §16-127(A)(2) conflicts with the NVRA

and obstructs Congress’ purposes, the Ninth Circuit

went astray, and its error erodes the States’ authority

over their elections in ways that Congress never intended. 2

1.

Arizona’s limitation on mail-in voting does not conflict with Section 6 of the NVRA, which requires the

States to “accept and use” the federal form created by

the EAC when registering voters for federal elections.

52 U.S.C. §20505(a)(1). When Congress exercises its

power under Article I, §4 to “alter” the States’ regulations of the “Times, Places, and Manner of holding”

federal elections, the Court’s customary presumption

against preemption does not apply. Inter Tribal Council, 570 U.S. at 13–14. But even in this context, courts

will not divine an unarticulated preemptive intent.

“Elections Clause legislation [is read] simply to mean

what it says,” and any displacement of state laws

must be apparent from “the fairest reading of the statute.” Id. at 15.

There is no “actual conflict” between any fair reading of Section 6 and Ariz. Rev. Stat. §16-127(A)(2).

2 This Court has described obstacle preemption as a species of

conflict preemption; they are not conceptually independent of

each other. Oneok, Inc. v. Learjet, Inc., 575 U.S. 373, 377 (2015).

Because the Ninth Circuit treated conflict preemption as distinct

from obstacle preemption, however, this Petition will follow suit.

App. 39.

27

Geier v. Am. Honda Motor Co., Inc., 529 U.S. 861, 884

(2000) (citation omitted). Section 6 requires the States

to “accept and use” the federal form “for the registration of voters in elections for Federal office.” 52 U.S.C.

§20505(a)(1). Arizona law is wholly congruent with

that directive. Eligible individuals who submit a completed federal form are registered to vote for federal

elections in Arizona, even if they lack proof of citizenship. Ariz. Rev. Stat. §16-121.01(A), (E).

The Ninth Circuit contrived a conflict with Section

6 on the grounds that individuals “seeking to cast

their ballots by mail [must] provide more information

than what the federal form requires.” App. 39. But

Section 6 does not say that States must “use” the federal form to enable “cast[ing] . . . ballots by mail.” Rather, it ensures only that eligible individuals may “use”

the federal form to effectuate their “registration.”

Courts “are obliged to give effect, if possible, to every

word Congress used.” Carcieri v. Salazar, 555 U.S.

379, 391 (2009) (citation omitted). A corollary is that

courts “are reluctant to treat statutory terms as surplusage in any setting.” Bufkin v. Collins, 604 U.S.

369, 386 (2025) (citation omitted). In directing the

States to “accept and use” the federal form for “registration,” Congress meant just that. A properly completed and timely submitted federal form permits the

applicant to register. See Inter Tribal Council, 570 U.S.

at 12 (describing the federal form as a “backstop” that

provides “a simple means of registering”). It does not

entitle him to utilize any particular means of receiving a ballot, and it does not confer any rights or immunities with respect to state laws governing postregistration facets of the election process.

28

The Ninth Circuit then resorted to slippery-slope

reasoning, imagining the specter of a State that adds

federal form applicants to the voter rolls but does not

allow them to actually vote. App. 41. Preliminarily,

the Ninth Circuit ordered an extra-textual solution to

a non-existent problem. Federal form registrants in

Arizona who do not have proof of citizenship undisputedly can vote (for federal offices) in-person on Election

Day. Ariz. Rev. Stat. §16-121.01(A), (E). They also

may avail themselves of Arizona’s generous in-person

early voting period, which extends for more than three

weeks. See id. §16-542(A), (E). Even assuming arguendo that the ability to cast a vote (in some way,

shape or form) is implicit in the word “registration,” it

does not follow that Congress embedded into the

NVRA an affirmative right to enjoy any and every

mode of obtaining and returning a ballot that a State

may make available. “Being in for a dime doesn’t

mean we have to be in for a dollar.” Va. Uranium, Inc.

v. Warren, 587 U.S. 761, 773 (2019) (plurality op.) (declining to adopt an expansive interpretation of Congress’ preemptive intent).

The Ninth Circuit’s labors to ascribe federal statutory protection specifically to mail-in voting are particularly tenuous. During almost the entirety of our

nation’s history, absentee voting has been the exception, not the rule. See generally John C. Fortier & Norman J. Ornstein, The Absentee Ballot and the Secret

Ballot: Challenges for Election Reform, 36 UNIV. MICH.

J. L. REF. 483, 510 (2003) (absentee ballots accounted

for approximately 2%–14% of total votes cast in presidential elections between 1936 and 2000). Far from

considering absentee voting to be integral to the

29

“fundamental right” to vote, this Court has explicitly

denominated it a discretionary “privilege[].” McDonald v. Bd. of Election Comm’rs. of Chicago, 394 U.S.

802, 807, 809 (1969). Indeed, travel to a polling location is, if anything, part and parcel of “the usual burdens of voting.” Crawford v. Marion Cnty. Election Bd.,

553 U.S. 181, 198 (2008) (plurality op.).

In short, Arizona law aligns fully with Section 6’s

requirement that States “accept and use” the federal

form “for the registration of voters” in federal elections.

52 U.S.C. §20505(a)(1). Individuals who submit a compliant federal form (with or without proof of citizenship) are registered to vote. And they can, in fact, actually vote for federal offices in Arizona. Even if the

phrase “for the registration of voters” in Section 6

meant “for the purpose of voting,” there is no semantic,

textual, or historical support for the novel proposition

that the NVRA secures federal rights to vote by mail.

There accordingly is no conflict between Section 6 and

Ariz. Rev. Stat. §16-127(A)(2).

2.

In enacting the NVRA, Congress did not aspire to

protect access to mail-in voting. Arizona’s ban on mailin voting by registrants who have not proved their citizenship accordingly does not “stand[] as an obstacle

to the accomplishment and execution of the full purposes and objectives of Congress.” Sprietsma v. Mercury Marine, a Div. of Brunswick Corp., 537 U.S. 51,

64 (2002) (cleaned up). “Evidence of pre-emptive purpose is sought in the text and structure of the statute

at issue.” CSX Transp., Inc. v. Easterwood, 507 U.S.

658, 664 (1993).

30

The NVRA’s text and structure evince no preoccupation with protecting particular methods of voting.

Its operative clauses comprise a self-contained “superstructure” governing the discrete and distinct matter

of “voter-registration systems.” Inter Tribal Council,

570 U.S. at 5. Section 4 directs States to “establish

procedures to register to vote in elections for Federal

office” through certain specified means. 52 U.S.C.

§20503(a). Sections 5 through 7 delineate registration

processes at motor vehicles divisions, through mail-in

forms, and at certain government agencies, respectively. Id. §§20504–20506. Section 8 mandates “the

maintenance of an accurate and current voter registration roll” for federal elections and prescribes certain procedures to that end. Id. §20507. And Sections

9 through 13 address the implementation and enforcement of the foregoing provisions. Id. §§20508–20511.

The NVRA’s sole substantive reference to mail-in

voting is found in Section 6(c), which provides that

(subject to certain exceptions) “a State may by law require a person to vote in person if” he registered to

vote by mail and had not previously voted in the jurisdiction. 52 U.S.C. §20505(c). 3 But “if anything,” this

provision “might be described as a non-preemption

clause.” Warren, 587 U.S. at 769. Far from ordaining

affirmative federal protection for mail-in voting, Section 6(c) is “an anti-fraud provision” that simply buttressed the States’ extant authority to structure the

post-registration facets of election administration,

such as distributing and returning ballots. App. 119

3 Section 8(e) alludes to in-person Election Day voting, but it does

so in the specific context of updating a voter’s address information in her registration record. 52 U.S.C. §20507(e).

31

(Bumatay, J., dissenting). To excogitate out of Section

6(c) a proscriptive ban on States’ withdrawal of mailin voting privileges for federal form voters “nearly

turns the provision on its head.” Warren, 587 U.S. at

770.

Propping up its supposition of Congress’ objectives,

the Ninth Circuit cherrypicked from the NVRA’s

“findings and purposes” clause, which reference a desire to “increase” registration rates and to “enhance[]

the participation of eligible citizens as voters in elections for Federal office.” 52 U.S.C. §20501(b)(1)–(2).

Preliminarily, while “purpose” clauses can sometimes

illuminate congressional intent, they cannot expand

or contract “the plain meaning of the operative

clause[s].” Kingdomware Techs., Inc. v. United States,

579 U.S. 162, 173 (2016). As discussed above, the

NVRA’s operative clauses do not regulate mail-in voting. More to the point, “[t]he NVRA had multiple statutory purposes,” to include “preventing voter fraud.”

App. 120–21 (Bumatay, J., dissenting (citing 52 U.S.C.

§20501(b)(3)–(4))). And closely overseeing ballot casting by voters who have not documented their citizenship is consistent with the NVRA’s anti-fraud aims.

The Ninth Circuit’s myopic fixation on increasing voting rates underscores the “danger of invoking obstacle

pre-emption based on the arbitrary selection of one

purpose to the exclusion of others.” Pharm. Research

and Mfrs. of Am. v. Walsh, 538 U.S. 644, 678 (2003)

(Thomas, J., concurring in the judgment).

In sum, a semantic and structural chasm separates

Congress’ generic paeans to voter participation from

the Ninth Circuit’s vision of prescriptive federal authority over States’ ballot casting procedures. “The

32

[NVRA] has two main objectives: increasing voter registration and removing ineligible persons from the

States’ voter registration rolls.” Husted v. A. Philip

Randolph Inst., 584 U.S. 756, 761 (2018). It does not—

and never previously had been construed to—regulate

the post-registration aspects of elections. The Ninth

Circuit’s reconceptualization of the NVRA as a mailin voting statute contravenes the separation of powers

as “a significant judicial intrusion into Congress’s authority to delimit the preemptive effect of its laws.”

Warren, 587 U.S. at 773. And its reasoning gratuitously endangers “all state limitations on absentee

and mail voting.” App. 119 (Bumatay, J., dissenting).

The Court should grant certiorari to correct this serious and inauspicious error.

III.

The Ninth Circuit Disregarded the

Presumption of Legislative Good Faith,

Resurrected the Discredited “Cat’s Paw”

Theory of Legislative Intent, and Failed

to Defer to the District Court’s WellSupported Findings

When a court proclaims that an elected legislative

body acted out of animus against a protected class, “it

is declaring that the legislature engaged in ‘offensive

and demeaning’ conduct.” Alexander v. South Carolina State Conf. of the NAACP, 602 U.S. 1, 11 (2024)

(citation omitted). Due regard for the separation of

powers and the sanctity of the democratic process

teaches that courts “should not be quick to hurl such

accusations at the political branches.” Id. Declining to

heed this admonition, the Ninth Circuit cast aside the

district court’s careful and detailed findings that the

Arizona Legislature had not acted with an intent to

33

discriminate on the basis of national origin when it

enacted H.B. 2243. That facially neutral law requires

Arizona’s county recorders to periodically search various official records, including databases maintained

by federal and state government agencies, to identify

ineligible voters on the rolls. App. 646–62. In upending the district court’s ruling, the Ninth Circuit disregarded at least three pillars of this Court’s Fourteenth

Amendment jurisprudence.

1.

Any plaintiff alleging that a facially neutral law

was propelled by racial or national origin animus

must overcome a “presumption of good faith” by the

legislative body. Abbott, 585 U.S. at 641. In practice,

that means a court must “draw the inference that cuts

in the legislature’s favor when confronted with evidence that could plausibly support multiple conclusions.” Alexander, 602 U.S. at 10. The Ninth Circuit

insisted on conjuring out of “[t]he political climate in

Arizona” in the aftermath of the contested 2020 presidential election “circumstantial evidence of discriminatory intent,” and harped on a post-election audit

conducted by the Arizona Senate, which had found no

widespread voter fraud. App. 76–78. But that is precisely the inferential leap that this Court has repeatedly warned against.

The district court, by contrast, had it right. It noted

that “[n]othing in the legislative hearings evince a motive to discriminate against voters based on race or

national origin.” App. 343. And it properly refused to

extrude a nefarious subtext from legislative debates

about election security, recognizing that “partisan”

passions and political dynamics are not proxies for

34

discriminatory animus. Brnovich, 594 U.S. at 689; see

also Alexander, 602 U.S. at 9–10 (holding in redistricting context that, to defeat the presumption, a plaintiff

must “rul[e] out the competing explanation that political considerations dominated the legislature’s” actions).

Perhaps most importantly, the district court knew

that a law’s objective necessity is not a metric of its

subjective intent. Even if the court believed that concerns about non-citizen voting were factually tenuous,

a “sincere, though mistaken, non-race-based belief”

that election misconduct occurred does not manifest

discriminatory intent. Brnovich, 594 U.S. at 689; App.

344–45. And even if the Arizona Legislature had actually believed that non-citizen voting was not an extant

problem, it still had every right to “take action to prevent [it] without waiting for it to occur and be detected

within its borders.” Brnovich, 594 U.S. at 686.

In short, the Ninth Circuit not only eschewed even

rhetorical fealty to the presumption of legislative good

faith; it “flipp[ed]” it and “essentially requir[ed] the

State to disprove any discriminatory motive.” App.

162 (Bumatay, J., dissenting).

35

2.

The Ninth Circuit revived—in an even more egregious form—the so-called “cat’s paw” theory that the

Court banished in Brnovich. This mode of analysis

posits that one or a few rogue legislators may “dupe”

a voting majority into advancing their malign objectives. 594 U.S. at 689. But “[t]he ‘cat’s paw’ theory has

no application to legislative bodies” because “legislators who vote to adopt a bill are not the agents of the

bill’s sponsor or proponents.” Id.

Lacking any plausible “cat” in the Arizona Legislature itself, the Ninth Circuit turned its gaze outward,

and fixated on the Arizona Free Enterprise Club, a

nonprofit organization that was involved in drafting

and advocating for H.B. 2243. Seizing on the Free Enterprise Club’s isolated use of the term “illegals” in a

single lobbying email to legislators, the Ninth Circuit

pronounced that it “supports a conclusion that” H.B.

2243 was “the product of intentional discrimination.”

App. 79–80.

Preliminarily, the word “illegal” is not a racial slur.

A person’s unlawful immigration status is an objective

legal fact that endures irrespective of race or ethnicity.

See Texas v. United States, 809 F.3d 134, 148 n. 14

(5th Cir. 2015) (“Illegal alien is not an opprobrious epithet; it describes one present in a country in violation

of the immigration laws (hence ‘illegal’)”). More fundamentally, if a fellow legislator is not the “cat’s paw”

of the body, then an outside private organization certainly cannot personify a legislature’s intentions. See

City of S. Miami v. Governor, 65 F.4th 631, 647 (11th

Cir. 2023) (Mizelle, J., concurring) (district court’s reliance on legislature’s use of outside group’s data to

36

infer animus was “ad-hominem reasoning and compounding of attenuated inferences”). And, in any case,

the district court found “no persuasive evidence that

the Legislature relied on the” email. App. 346.

3.

The Ninth Circuit supplanted the district court’s

reasoned weighting of the evidence with its own. Because “the district court’s view of the evidence is plausible in light of the entire record,” the Ninth Circuit

was duty-bound to affirm. Brnovich, 594 U.S. at 687.

In “grasp[ing] at straws” to find some error” in the district court’s ruling, however, the Ninth Circuit “settle[d] on some odd notion that . . . the district court

should have been more pliable to ‘circumstantial’ evidence.” App. 174 (Bumatay, J., dissenting).

But that critique finds easy refutation in the district

court’s exhaustive assessment of the Arlington factors.

The district court duly considered circumstantial historical evidence—namely, past voting-related discrimination and historical experts’ testimony—but

correctly recognized that “[p]ast discrimination cannot, in the manner of original sin, condemn governmental action that is not itself unlawful.” Abbott, 585

U.S. at 603 (citation omitted). And the district court

discounted plaintiffs’ experts’ opinions not because it

adopted an overly stringent standard of proof, but because it deemed them not credible. It found one expert’s analysis “incomplete or misleading,” and “question[ed] the reliability of” the other expert’s “testimony regarding Arizona history” and current election

laws. App. 231–32.

37

Similarly, the district court’s conclusion that there

was “no persuasive evidence of procedural departures”

in the legislative process was buttressed by the sworn

testimony of the Speaker of the Arizona House of Representatives. App. 350–52. And its finding that “any

disparate impact” emanating from H.B. 2243’s voter

list maintenance checks “is markedly small” was

grounded in expert testimony and official voter rolls,

which established that less than 1% of both white and

minority voters in Arizona lack proof of citizenship on

file. App. 318; see also Brnovich, 594 U.S. at 680 (finding no material disparate impact in “[a] policy that appears to work for 98% or more of voters to whom it

applies—minority and non-minority alike”). In short,

the district court did, in fact, consider all the “circumstantial” evidence that the plaintiffs proffered; “it just

found it unconvincing.” App. 174 (Bumatay, J., dissenting). The Ninth Circuit was obligated to affirm,

even if it “would have weighed the evidence differently

in the first instance.” Brnovich, 594 U.S. at 687.

In discarding the district court’s meticulous parsing

of the evidence and carefully reasoned factual findings

on legislative intent, “[t]he Ninth Circuit’s opinion

was not just wrong. It also committed fundamental errors that this Court has repeatedly admonished courts

to avoid.” Sexton v. Beaudreaux, 585 U.S. 961, 967

(2018). When, as here, a “decision [is] obviously wrong

and squarely foreclosed by our precedent,” summary

reversal is appropriate. Shoop v. Casanno, 142 S. Ct.

2051, 2057 (Mem.) (2022) (Thomas, J., dissenting from

denial of certiorari).

38

CONCLUSION

The Court should grant certiorari.

Respectfully submitted,

Kory Langhofer

Counsel of Record

Thomas Basile

STATECRAFT PLLC

649 North Fourth Ave, 1st Fl.

Phoenix, AZ 85003

(602) 382-4078

kory@statecraftlaw.com

February 19, 2026

Counsel for Petitioners

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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