While federal law asks prospective voters for identification, it does not have to be a passport, birth certificate or other document that also proves citizenship, which many poor, elderly and Native American voters do not have. Voters affirm they are citizens by signing a statement.
Arizona’s Proposition 200, passed in 2004, requires state officials to reject voter registration forms that do not include proof of citizenship.
Justice Antonin Scalia, writing for the majority, said the 1993 National Voter Registration Act trumps Arizona state law because the law requires states to “accept and use” a federal form when registering voters, the New York Times reported.
The vote in the case, Arizona v. Inter Tribal Council of Arizona, No. 12-71, was 7-2, with Justices Clarence Thomas and Samuel Alito dissenting.