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Kaelan Deese, Supreme Court Reporter


NextImg:Supreme Court holds Arizona GOP lawmakers must face deposition in voting lawsuit

Arizona's top state Republican lawmakers can't avoid being deposed about their support of state laws that require proof of citizenship to vote in federal elections, the Supreme Court held Monday.

Without any comment, the Supreme Court on Monday rejected an emergency request from Arizona GOP House Speaker Ben Toma and state Senate GOP President Warren Peterson, who asked the justices to halt a lower court ruling that mandates the legislators hand over documents and be deposed in the case.

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The Justice Department, the Democratic National Committee, and civil rights groups are challenging the state's House Bill 2492, which was signed into law in March 2022 with the intent of securing the state's elections by requiring voters to provide proof of citizenship, like a birth certificate or passport.

Sunlight shines through a window onto a voting booth at a polling place inside Winfield Elementary School in Windsor Mill, Md. (AP Photo/Patrick Semansky)

Toma and Peterson stepped in to defend the law after Arizona Attorney General Kris Mayes, a Democrat, declined to defend certain parts of the law.

Lawmakers are typically shielded by legislative privilege from depositions into their motives for backing or voting for legislation. However, U.S. District Judge Susan Bolton ruled in September that a separate analysis was used when lawmakers get involved in a legal fight over the legislation and also tossed the voting law on the grounds that federal laws control proof-of-citizenship mandates.

“The speaker and president must produce communications that they have sent or received relating to the voting laws’ legislative process and withheld on legislative privilege grounds,” the judge wrote. “They may also be deposed about their personal involvement in the voting laws’ legislative process.”

The Justice Department did not file a response to the lawmakers' emergency request at the high court. Other plaintiffs in the case did, agreeing with Bolton's lower court ruling the lawmakers had waived their privilege by intervening in the lawsuit.

Attorneys for the lawmakers argued in court filings they had already produced more than 90,000 pages of documents and written responses to questions. However, they would not provide some other documents and declined to answer other questions, citing legislature privilege.

The U.S. Court of Appeals for the 9th Circuit temporarily blocked Bolton's ruling but later lifted its stay, allowing depositions against the lawmakers to continue. The pair then sought Supreme Court relief.

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Litigation over the voting law has not gone into effect or to trial but could have significant consequences for swing states in the 2024 presidential election.

The Supreme Court receives thousands of emergency applications each year but rarely acts directly on specific requests and often denies them without comment.