Supreme Court of the United States · Official docket →
Warren Petersen, President of the Arizona Senate, et al. v. Mi Familia Vota, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-3188, 24-3559, 24-4029 · judgment February 25, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
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:
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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.
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Whether the NVRA preempts Arizona’s prohibition on mail-in voting by registrants who have not provided proof of citizenship.
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Whether the district court clearly erred in concluding that H.B. 2243 was not motivated by discriminatory animus.
Counsel of record
For petitioner
Kory Alan Langhofer
Statecraft PLLC
For respondent
David Robert Fox
Elias Law Group LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
5 cert-stage
Proceedings
- Aug 28 2026Brief of 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 in support submitted.
- Jun 22 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 02 2026DISTRIBUTED for Conference of 6/18/2026.
- Jun 02 2026Reply of petitioners Warren Petersen, et al. filed. (Distributed)
- Jun 01 2026Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- May 26 2026Brief of respondent United States in opposition filed. VIDED.
- May 26 2026Brief of respondents Democratic National Committee, et al. in opposition filed. VIDED.
- May 26 2026Brief of respondents Mi Familia Vota, et al. in opposition filed. VIDED.
- May 26 2026Brief of respondents Arizona Asian American Native Hawaiian and Pacific Islander for Equity Coalition, et al. in opposition filed.
- Mar 26 2026Brief amici curiae of Professor Michael T. Morley, et al. in support of neither party filed. VIDED.
- Mar 26 2026Brief amici curiae of Kansas, et al. filed. VIDED.
- Mar 26 2026Brief amicus curiae of Federation for American Immigration Reform filed. VIDED.
- Mar 26 2026Brief amici curiae of Center for Election Confidence, Inc., et al. filed. VIDED.
- Mar 26 2026Brief amici curiae of Arizona Free Enterprise Club, et al. filed. VIDED.
- Mar 17 2026Motion to extend the time to file a response is granted and the time is extended to and including May 26, 2026, for all respondents.
- Mar 16 2026Motion to extend the time to file a response from March 26, 2026 to May 26, 2026, submitted to The Clerk.
- Feb 19 2026Petition for a writ of certiorari filed. (Response due March 26, 2026)
- Dec 09 2025Application (25A673) granted by Justice Kagan extending the time to file until February 19, 2026.
- Dec 05 2025Application (25A673) to extend the time to file a petition for a writ of certiorari from December 21, 2025 to February 19, 2026, submitted to Justice Kagan.