MONTGOMERY, AL — Alabama Attorney General Steve Marshall has joined Kansas in leading a 26-state brief before the U.S. Supreme Court in a case involving Arizona voter-registration requirements and the authority of states to establish and enforce voter qualifications.
The brief was filed in Republican National Committee v. Mi Familia Vota, a case stemming from challenges to Arizona laws addressing documentary proof of citizenship for voter registration and the removal of individuals determined to be noncitizens from voter rolls.
The U.S. Supreme Court agreed June 29 to hear the case. According to the Court’s docket, the case originated in the U.S. Court of Appeals for the Ninth Circuit, which issued its decision in February 2025 and denied rehearing in September 2025. Oral arguments are scheduled for Dec. 8.
At issue are provisions of Arizona election law and their interaction with the federal National Voter Registration Act of 1993, commonly known as the NVRA or “Motor Voter” law. The litigation also involves a previous consent decree governing how Arizona handles certain voter-registration applications.
In their amicus brief, Alabama, Kansas and the other participating states argue that the NVRA permits states using their own voter-registration forms to require applicants to provide documentary proof of citizenship. The states also contend that a consent decree should not prevent a state legislature from subsequently changing its laws and that the NVRA permits states to remove individuals identified as noncitizens from voter rolls when they are discovered.
Marshall said the case has implications beyond Arizona because states generally administer voter registration for federal, state and local elections.
“The United States Constitution is clear that the States set and enforce voter qualifications for all elections, including federal elections,” Marshall said.
Marshall argued that courts have interpreted the NVRA in ways that restrict states’ ability to enforce citizenship requirements. He also referenced litigation involving Alabama Secretary of State Wes Allen and two cases in which non-U.S. citizens pleaded guilty in federal court to voting in Alabama’s 2024 General Election.
“When noncitizens vote, they dilute the voices of qualified citizens and undermine our democracy,” Marshall said. He said the Supreme Court case provides an opportunity for the justices to clarify the extent of state authority over voter qualifications and voter-roll maintenance.
The parties challenging the Arizona provisions have taken a different position. In filings with the Supreme Court, respondents have argued that Arizona’s documentary-proof-of-citizenship requirement conflicts with federal law as applied to registration for federal elections and that provisions allowing systematic voter-registration cancellations close to a federal election violate the NVRA. A federal district court previously agreed with those arguments on provisions relevant to the Supreme Court dispute.
The Supreme Court’s eventual ruling could clarify how federal voter-registration requirements interact with states’ authority to require citizenship documentation and maintain voter rolls.
Marshall and Kansas Attorney General Kris Kobach are leading the multi-state brief. Attorneys general from Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming also joined the filing.
