Mark Brnovich Fires Back After Department of Justice Threatens to Sue Arizona over Election Integrity Law

Arizona Attorney General Mark Brnovich

Arizona Attorney General Mark Brnovich (R) fired back against the Department of Justice (DOJ) after recently receiving a letter stating the DOJ is prepared to file a lawsuit against Arizona over an election integrity law.

“In addition to free rooms and transportation for those illegally entering our country, the DOJ now wants to give them a chance to vote. It’s another round of Brnovich v. Biden. I will once again be in court defending Arizona against the lawlessness of the Biden administration,” Brnovich told The Arizona Sun Times via email.

U.S. Assistant Attorney General Kristen Clarke sent the letter threatening to sue Arizona, and Brnovich responded with a letter of his own, stating he is willing to defend this law, all the way to the Supreme Court of the United States (SCOTUS) if needed, to protect Arizona election safeguards. He also questioned the Biden administration’s intentions in this potential suit.

“It is curious, however, that the Department of Justice would use its resources to challenge a common-sense law in Arizona designed to guard against non-citizens voting, while the Biden Administration is simultaneously opening our borders to encourage a flood of illegal immigration. Is the federal government attempting to undermine our sovereignty and destabilize our election infrastructure? I hope that is not your intention,” Brnovich said in his letter.

He also urged Clarke to reconsider this suit and recognize Arizona’s constitutional authority to conduct safe elections.

The law in question is House Bill (HB) 2492, sponsored by State Representative Jake Hoffman (R-Queen Creek), which Ducey signed in March. The bill outlines that a state resident is only qualified to register to vote if they provide “satisfactory evidence of citizenship,” except for voting in congressional elections, which federal law prohibits.

However, Clarke’s letter to Brnovich outlined that the restrictions imposed by HB 2492 violate federal law.

Firstly, Clarke claimed that HB 2492 violates Section 6 of the National Voter Registration Act of 1993 (NVRA), which requires Arizona to “accept and use” a valid federal form to register qualified applicants to vote in federal elections.

“Such applicants need not provide additional documentation to prove citizenship to be registered to vote in federal elections,” according to the letter.

Furthermore, the letter stated that HB 2492 breaks the Materiality Provision of the Civil Rights Act by rejecting voter registration forms that do not include the applicant’s place of birth. Clarke stated that requirements like this are “not material to establishing a voter’s eligibility to vote,” and break federal law.

Clarke ended her letter by stating she hoped they could solve this matter without going to court; however, Brnovich made his stance on the matter clear in his response.

If the DOJ does file suit, it would not be Brnovich’s first legal battle with the Biden administration over election integrity.

As reported by The Sun Times, SCOTUS ruled in Brnovich’s favor in Brnovich v. Democratic National Committee (DNC),  a suit filed over HB 2023, which restricts ballot harvesting and ensures people vote only in their precinct.

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Neil Jones is a reporter for The Arizona Sun Times and The Star News Network. Follow Neil on Twitter. Email tips to [email protected].

 

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