Introduction
The Republican National Committee (RNC) is challenging a Ninth Circuit decision involving Arizona’s documentary proof of citizenship requirements for voter registration. The Ninth Circuit held that the National Voter Registration Act (NVRA) preempts Arizona’s requirement that individuals who have not provided documentary proof of citizenship may not participate in presidential elections and limits Arizona’s ability to require such proof from applicants using the state’s voter-registration form. The U.S. Supreme Court granted review of the case to clarify the relationship between federal voter-registration requirements and Arizona’s constitutional authority to regulate the appointment of presidential electors.
ALEC’s amicus brief supports the principles of federalism and state legislative authority in the administration of presidential elections. The brief argues that Article II of the U.S. Constitution gives state legislatures plenary authority to determine the manner of appointing their presidential electors. To support that argument, the brief examines the Constitution’s text and drafting history to demonstrate that the Framers deliberately placed authority over the manner of appointing presidential electors with the states rather than Congress. Congress, ALEC argues, cannot use its Elections Clause authority over congressional elections to override the constitutional authority of the states. The brief urges the Supreme Court to reverse the Ninth Circuit’s decision.